[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5999-S6000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2019

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 426, S. 910.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 910) to reauthorize and amend the National Sea 
     Grant College Program Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Sea Grant College 
     Program Amendments Act of 2019''.

     SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM 
                   ACT.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Sea Grant College Program Act 
     (33 U.S.C. 1121 et seq.).

     SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY 
                   FELLOWSHIP.

       (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is 
     amended by striking ``may'' and inserting ``shall''.
       (b) Placements in Congress.--Such section is further 
     amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (2) in paragraph (1), as designated by paragraph (1), in 
     the second sentence, by striking ``A fellowship'' and 
     inserting the following:
       ``(2) Placement priorities.--
       ``(A) In general.--In each year in which the Secretary 
     awards a legislative fellowship under this subsection, when 
     considering the placement of fellows, the Secretary shall 
     prioritize placement of fellows in the following:
       ``(i) Positions in offices of, or with Members on, 
     committees of Congress that have jurisdiction over the 
     National Oceanic and Atmospheric Administration.
       ``(ii) Positions in offices of Members of Congress that 
     have a demonstrated interest in ocean, coastal, or Great 
     Lakes resources.
       ``(B) Equitable distribution.--In placing fellows in 
     offices described in subparagraph (A), the Secretary shall 
     ensure that placements are equitably distributed among the 
     political parties.
       ``(3) Duration.--A fellowship''.
       (c) Administrative Costs.--Section 208(c) (33 U.S.C. 
     1127(c)) is amended to read as follows:
       ``(c) Restriction on Use of Funds.--
       ``(1) In general.--Amounts available for fellowships under 
     this section, including amounts accepted under section 
     204(c)(4)(F) or appropriated under section 212 to implement 
     this section, shall be used only for award of such 
     fellowships and administrative costs of implementing this 
     section.
       ``(2) Limitation on administrative costs.--Not more than 3 
     percent of amounts made available for fellowships under 
     subsection (b) may be used by a sea grant college or sea 
     grant institute for fringe or other necessary costs of 
     administering the fellowships.
       ``(3) Allowable uses.--Amounts provided to a fellow under 
     subsection (b) may be used by the fellow for the costs of 
     academic travel, including travel costs relating to returning 
     to the home institution of higher education of the fellow to 
     complete degree requirements.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to the first calendar year beginning 
     after the date of the enactment of this Act.
       (e) Sense of Congress Concerning Federal Hiring of Former 
     Fellows.--It is the sense of Congress that in recognition of 
     the competitive nature of the fellowship under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), and of the exceptional qualifications of fellowship 
     awardees, the Secretary of Commerce, acting through the Under 
     Secretary of Commerce for Oceans and Atmosphere, should 
     encourage participating Federal agencies to consider 
     opportunities for fellowship awardees at the conclusion of 
     their fellowships for workforce positions appropriate for 
     their education and experience.

     SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO 
                   ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE 
                   PROGRAM.

       (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 
     1123(c)(4)(E)) is amended to read as follows:
       ``(E) accept donations of money and, notwithstanding 
     section 1342 of title 31, United States Code, of voluntary 
     and uncompensated services;''.
       (b) Priorities.--The Secretary of Commerce, acting through 
     the Under Secretary of Commerce for Oceans and Atmosphere, 
     shall establish priorities for the use of donations accepted 
     under section 204(c)(4)(E) of the National Sea Grant College 
     Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider 
     among those priorities the possibility of expanding the Dean 
     John A. Knauss Marine Policy Fellowship's placement of 
     additional fellows in relevant legislative offices under 
     section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance 
     with the recommendations under subsection (c) of this 
     section.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the National Sea Grant 
     College Program, in consultation with the National Sea Grant 
     Advisory Board and the Sea Grant Association, shall--
       (1) develop recommendations for the optimal use of any 
     donations accepted under section 204(c)(4)(E) of the National 
     Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
       (2) submit to Congress a report on the recommendations 
     developed under paragraph (1).
       (d) Construction.--Nothing in this section shall be 
     construed to limit or otherwise affect any other amounts 
     available for marine policy fellowships under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), including amounts--
       (1) accepted under section 204(c)(4)(F) of that Act (33 
     U.S.C. 1123(c)(4)(F)); or
       (2) appropriated pursuant to the authorization of 
     appropriations under section 212 of that Act (33 U.S.C. 
     1131).

     SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA 
                   GRANT ADVISORY BOARD REPORT.

       Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
       (1) in the paragraph heading, by striking ``Biennial'' and 
     inserting ``Periodic'';
       (2) by striking the first sentence and inserting the 
     following: ``The Board shall report to Congress at least once 
     every four years on the state of the national sea grant 
     college program and shall notify Congress of any significant 
     changes to the state of the program not later than two years 
     after the submission of such a report.''; and
       (3) in the second sentence, by adding before the end period 
     the following: ``and provide a summary of research conducted 
     under the program''.

     SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT 
                   COLLEGE PROGRAM.

       Section 204(b) (33 U.S.C. 1123(b)) is amended, in the 
     matter preceding paragraph (1), by inserting ``for research, 
     education, extension, training, technology transfer, and 
     public service'' after ``financial assistance''.

     SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND 
                   SEA GRANT INSTITUTES.

       Section 207(b) (33 U.S.C. 1126(b)) is amended--
       (1) in the subsection heading, by striking ``Existing 
     Designees'' and inserting ``Additional Designations''; and
       (2) by striking ``Any institution'' and inserting the 
     following:
       ``(1) Notification to congress of designations.--
       ``(A) In general.--Not less than 30 days before designating 
     an institution, or an association or alliance of two or more 
     such institutions, as a sea grant college or sea grant 
     institute under subsection (a), the Secretary shall notify 
     Congress in writing of the proposed designation. The 
     notification shall include an evaluation and justification 
     for the designation.
       ``(B) Effect of joint resolution of disapproval.--The 
     Secretary may not designate an institution, or an association 
     or alliance of two or more such institutions, as a sea grant 
     college or sea grant institute under subsection (a) if, 
     before the end of the 30-day period described in subparagraph 
     (A), a joint resolution disapproving the designation is 
     enacted.
       ``(2) Existing designees.--Any institution''.

     SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE 
                   POLICY FELLOWSHIP.

       (a) In General.--During fiscal year 2019 and any fiscal 
     year thereafter, the head of any Federal agency may appoint, 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, other than sections 3303 
     and 3328 of that title, a qualified candidate described in 
     subsection (b) directly to a position with the Federal agency 
     for which the candidate meets Office of Personnel Management 
     qualification standards.
       (b) Dean John A. Knauss Marine Policy Fellowship.--
     Subsection (a) applies with respect to a former recipient of 
     a Dean John A. Knauss Marine Policy Fellowship under section 
     208(b) of the National Sea Grant College Program Act (33 
     U.S.C. 1127(b)) who--
       (1) earned a graduate or post-graduate degree in a field 
     related to ocean, coastal, and Great Lakes resources or 
     policy from an accredited institution of higher education; 
     and
       (2) successfully fulfilled the requirements of the 
     fellowship within the executive or legislative branch of the 
     United States Government.

[[Page S6000]]

       (c) Limitation.--The direct hire authority under this 
     section shall be exercised with respect to a specific 
     qualified candidate not later than 2 years after the date 
     that the candidate completed the fellowship described in 
     subsection (b).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA 
                   GRANT COLLEGE PROGRAM.

       (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $87,520,000 for fiscal year 2020;
       ``(B) $91,900,000 for fiscal year 2021;
       ``(C) $96,500,000 for fiscal year 2022;
       ``(D) $101,325,000 for fiscal year 2023; and
       ``(E) $105,700,000 for fiscal year 2024.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Priority activities for fiscal years 2020 through 
     2024.--In addition to the amounts authorized to be 
     appropriated under paragraph (1), there are authorized to be 
     appropriated $6,000,000 for each of fiscal years 2020 through 
     2024 for competitive grants for the following:
       ``(A) University research on the biology, prevention, and 
     control of aquatic nonnative species.
       ``(B) University research on oyster diseases, oyster 
     restoration, and oyster-related human health risks.
       ``(C) University research on the biology, prevention, and 
     forecasting of harmful algal blooms.
       ``(D) University research, education, training, and 
     extension services and activities focused on coastal 
     resilience and United States working waterfronts and other 
     regional or national priority issues identified in the 
     strategic plan under section 204(c)(1).
       ``(E) University research and extension on sustainable 
     aquaculture techniques and technologies.
       ``(F) Fishery research and extension activities conducted 
     by sea grant colleges or sea grant institutes to enhance, and 
     not supplant, existing core program funding.''.
       (b) Modification of Limitations on Amounts for 
     Administration.--Paragraph (1) of section 212(b) (33 U.S.C. 
     1131(b)) is amended to read as follows:
       ``(1) Administration.--
       ``(A) In general.--There may not be used for administration 
     of programs under this title in a fiscal year more than 5.5 
     percent of the lesser of--
       ``(i) the amount authorized to be appropriated under this 
     title for the fiscal year; or
       ``(ii) the amount appropriated under this title for the 
     fiscal year.
       ``(B) Critical staffing requirements.--
       ``(i) In general.--The Director shall use the authority 
     under subchapter VI of chapter 33 of title 5, United States 
     Code, and under section 210 of this title, to meet any 
     critical staffing requirement while carrying out the 
     activities authorized under this title.
       ``(ii) Exception from cap.--For purposes of subparagraph 
     (A), any costs incurred as a result of an exercise of 
     authority as described in clause (i) shall not be considered 
     an amount used for administration of programs under this 
     title in a fiscal year.''.
       (c) Allocation of Funding.--
       (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) 
     is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``With respect to sea grant colleges and sea grant 
     institutes'' and inserting ``With respect to sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''; and
       (B) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``funding among sea grant colleges and sea 
     grant institutes'' and inserting ``funding among sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''.
       (2) Repeal of requirements concerning distribution of 
     excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF 
                   OCEANS AND COASTAL RESEARCH ACTIVITIES.

       Section 9 of the National Sea Grant College Program Act 
     Amendments of 2002 (33 U.S.C. 857-20) is repealed.

     SEC. 11. TECHNICAL CORRECTIONS.

       The National Sea Grant College Program Act (33 U.S.C. 1121 
     et seq.) is amended--
       (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by 
     moving clause (vi) 2 ems to the right; and
       (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended 
     by section 5, in the third sentence, by striking ``The 
     Secretary shall'' and inserting the following:
       ``(3) Availability of resources of department of 
     commerce.--The Secretary shall''.

  Mr. PORTMAN. I ask unanimous consent that the committee-reported 
substitute be withdrawn; that the Wicker amendment at the desk be 
agreed to; and that the bill, as amended, be considered read a third 
time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
withdrawn.
  The amendment (No. 2674), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. PORTMAN. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (S. 910), as amended, was passed.
  Mr. PORTMAN. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________