[Senate Report 113-279]
[From the U.S. Government Publishing Office]
113th Congress
2d Session SENATE Report
113-279
_______________________________________________________________________
Calendar No. 607
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2014
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2030
December 1, 2014--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 607
113th Congress Report
SENATE
2d Session 113-279
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NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2014
_______
December 1, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2030]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2030) to reauthorize and amend
the National Sea Grant College Program Act, and for other
purposes, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2030 is to amend the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.) (Sea Grant Act) to
reauthorize the National Sea Grant College Program (Sea Grant)
through 2020, and to improve the program's ability to enhance
the practical use and conservation of coastal, marine, and
Great Lakes resources through research, extension, and
education activities.
Background and Needs
The Sea Grant Act was first enacted in 1966 and has been
amended ten times, most recently in 2008. Sea Grant promotes
research, education, and training to increase the
understanding, development, management, utilization, and
conservation of the Nation's ocean, coastal, and Great Lakes
resources. Sea Grant is a partnership between institutions of
higher learning and the National Oceanic and Atmospheric
Administration (NOAA), and also works to build partnerships
with State, local, and non-governmental (NGO) groups to address
coastal and marine issues. For more than 40 years, the program
has efficiently leveraged Federal funds to create and maintain
a healthy coastal environment and economy in the United States.
The Sea Grant network has been expanded gradually over
time, and now consists of 33 university-based programs covering
every coastal State, major territories, Lake Champlain, and the
Great Lakes. The network includes over 3000 scientists at over
300 institutions. Sea Grant focuses on the crosscutting goals
of performing quality research, generating an informed public,
facilitating inclusive decision making with diverse
stakeholders, and providing relevant, timely information on
coastal hazards. Sea Grant's current National Strategic Plan
(2014-2017) includes four focus areas: (1) healthy coastal
ecosystems; (2) sustainable fisheries and aquaculture; (3)
resilient communities and economies; and (4) environmental
literacy and workforce development.
Sea Grant is structured in three parts: (1) the National
Sea Grant Office (NSGO), based in Silver Spring, MD; (2) the
Sea Grant Association (SGA), which represents the network of
State programs; and (3) the Sea Grant Advisory Board (SGAB),
which is a group of independent expert advisors and evaluators.
In fiscal year (FY) 2013, with $57.6 million in
appropriations, Sea Grant supported an estimated $485 million
in economic benefit to the Nation, created or retained 3,400
businesses, created or retained 15,000 jobs, generated 13
patents, and supported 900 undergraduate and 980 graduate
students.\1\ Sea Grant is able to leverage Federal funding by
matching every $2 of Federal funding with an additional $1 of
non-Federal funding from partners (33 U.S.C. 1124(a)).
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\1\NOAA, National Sea Grant College Program FY2013 Performance
Measures and Metrics, 2014, http://seagrant.noaa.gov/Portals/0/
Documents/where_we_work/documents/
FY13%20Performance%20Measures%20and%20Metrics%20for%202_2012-
1_2013%20info%20(1).pdf.
---------------------------------------------------------------------------
The primary purpose of this bill is to reauthorize Sea
Grant. This bill also proposes changes to the legislation that
will advance Sea Grant's capability to address regional and
national issues, mandate the Knauss Marine Policy Fellowship
Program, enhance NOAA's ability to administer and provide
guidance to Sea Grant, and make a number of administrative
adjustments, such as the removal of two now-moot reporting
requirements. A substitute amendment made other alterations to
the base bill, including: additional direction for the
administration of the Knauss Marine Policy Fellowship Program;
clarification of Sea Grant's authority to accept private
monetary donations; addition of aquaculture, coastal
resilience, and working waterfronts to the list of priority
program activities; and a reduction in the authorization levels
for the priority activity grant program from $18 million to $6
million annually.
Strengthening the education mandate and fellowship placement priorities
Sea Grant has worked to integrate its three program
elements - research, outreach, and education. However, recent
proposals by the Administration regarding the consolidation of
STEM education into the National Science Foundation (NSF) have
raised the possibility that the core education function could
be removed from Sea Grant, thus changing the fundamental nature
of the program. The currently authorized Sea Grant Act includes
education as one of the primary purposes of Sea Grant (33
U.S.C. 1121(c)) and requires Sea Grant to support several
fellowships (33 U.S.C. 1123(b)(3)), but the Dean John A. Knauss
Marine Policy Fellowship, as written, is currently optional.
For more than 30 years, the Dean John A. Knauss Marine Policy
Fellowship has been a highly successful part of Sea Grant, and
has brought over 1,000 fellows to Washington, D.C. This bill
would strengthen the education mandate of Sea Grant by making
the Dean John A. Knauss Marine Policy Fellowship a mandatory
component of Sea Grant's education portfolio.
Each year, ten of the Knauss Fellows are placed on Capitol
Hill in member offices or with committees. In response to
concerns about potential imbalances in legislative fellow
placement, the bill would direct the Secretary of Commerce to
take steps, to the degree practicable, to ensure equitable
placements among political parties. Because Knauss Fellows
bring expertise in marine and aquatic-related fields, the bill
would prioritize placement within offices of committees of
Congress that have jurisdiction over NOAA, in offices of
members on those committees, and in offices of members that
have a demonstrated interest in ocean, coastal, and Great Lakes
resources. The Committee urges the NSGO to implement these
changes as swiftly as possible, and no later than 30 days after
enactment of this Act.
Developing Sea Grant's regional leadership and expanding priority
activities
Since its inception, Sea Grant has prided itself on its
ability to address national issues at a local level. Although
Sea Grant has always had the capability of addressing
intermediate-scale problems at a regional level, it can be
difficult to encourage collaboration between State programs
without a specific mandate. Sea Grant has already taken a
leadership role by developing regional research and information
plans over the past few years. This bill would formalize the
role of regional projects within Sea Grant by adding an
authorization for regional and national activities to the list
of issue-specific authorizations already included in the Sea
Grant Act (33 U.S.C. 1131(a)(2)). This addition would encourage
cooperation between States on region-wide issues, such as the
Deepwater Horizon oil spill in the Gulf of Mexico.
Other additions to the list of priority activities include
coastal resilience, working waterfronts, and sustainable
aquaculture techniques and technologies, topics that have
become increasingly important to coastal communities.
Collectively, these additions would serve to direct future
research and highlight Sea Grant's capacity as a regional
leader in providing science-based information and tools on a
wide variety of issues.
Increasing resources for the national Sea Grant office
Currently, the Sea Grant Act mandates a 5 percent cap on
administrative spending in the NSGO. With this cap,
approximately 95 percent of the Federal funding provided to Sea
Grant goes directly to the State programs, where it is used to
conduct research, carry out extension and outreach activities,
and deliver direct community services. With relatively flat
funding and the administrative spending cap set at 5 percent,
over the past seven years the NSGO has lost one-third of its
full time employees, all four of its senior positions, and now
has less than half the staff that it had in 1991. The SGAB has
reviewed the functions and staffing of NOAA's NSGO twice in the
last decade (2002 and 2008). In addition, in 2006, the National
Research Council (NRC) reviewed the role of the NSGO in program
evaluation and administration. Each of these reviews concluded
that the staffing level of the NSGO was not adequate to
accomplish the duties required, and therefore recommended to
NOAA and the Department of Commerce that additional resources
be allocated to the NSGO. However, the SGA expressed concern
that a reallocation of funding to the NSGO would detract from
their own funding in the States, and would impair their ability
to do research and outreach in communities. Therefore, the bill
proposes to raise the administrative cap to 5.5 percent, and
includes language to authorize the NSGO to use the
Intergovernmental Personnel Act Mobility Program to temporarily
assign qualified and dedicated State Sea Grant personnel to
fulfill critical NSGO duties. These assignments would result
from a written agreement between the NSGO and the relevant
State Sea Grant program. These additional personnel would come
directly from the State programs on a rotating basis, external
to the NSGO administrative spending cap.
Removal of unnecessary reporting requirements
This bill would remove two required reports to Congress
that are no longer useful. One report served as a progress
update on the addition of new Sea Grant programs to the
national network. However, with the addition of the Lake
Champlain and Guam Sea Grant programs, Sea Grant network is now
complete, with a program in every coastal State, the Great
Lakes, Lake Champlain, and the major U.S. territories.
Therefore, this report is no longer relevant. Second, the Sea
Grant Act calls for a coordination report regarding a decade-
old proposal to transfer Sea Grant from NOAA to NSF. However,
as that restructuring is no longer planned, the need for annual
reporting on coordination has passed. NSF agrees, and has
stated in writing its desire for the report to be eliminated.
This bill would also alter the reporting requirements for the
``State of Sea Grant'' report from biennial to every three
years, in order to alleviate time constraints on the SGAB.
Summary of Provisions
The National Sea Grant College Program Amendments Act of
2014 would reauthorize Sea Grant from 2015 to 2020. The bill
would also make a number of program adjustments and
improvements, including:
adding aquaculture, coastal resilience,
working waterfronts, and regional and national issues
to the list of priority activities for competitive
research grants;
increasing the administrative spending cap
for the NSGO from 5 percent to 5.5 percent, and
allowing the NSGO to take on staff from the State Sea
Grant programs via the Intergovernmental Personnel Act
Mobility Program;
clarifying Sea Grant's ability to accept
monetary donations and asking the program to report to
Congress on optimal uses of any such donations;
eliminating a number of unnecessary reports;
and
mandating the Knauss Marine Policy
Fellowship Program, and establishing priorities for
placement of legislative fellows among congressional
offices and parties.
This bill would authorize appropriations of $72 million for
FY 2015, $75.6 for FY 2016, $79.38 million for FY 2017, $83.35
million for FY 2018, $87.52 million for FY 2019, and $91.9
million for FY 2020, the same amounts authorized in the past
for the same program. An additional $6 million, $12 million
less than the level authorized in the last reauthorization,
would be authorized for competitive grants to address priority
program activities.
Legislative History
S. 2030 was introduced by Senator Schatz on February 12,
2014, and is cosponsored by Senator Wicker. S. 2030 would
reauthorize and amend the Sea Grant Act, originally enacted in
1966 and last reauthorized in 2008.
On July 23, 2014, the Committee met in open Executive
Session and, by voice vote, accepted the substitute amendment
for S. 2030 filed by Senator Schatz, and ordered S. 2030
reported favorably.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2030--National Sea Grant College Program Amendments Act of 2014
Summary: S. 2030 would authorize appropriations totaling
$526 million over the 2015-2020 period for the National Oceanic
and Atmospheric Administration (NOAA) to carry out the National
Sea Grant College Program, which funds scientific research,
education, and public outreach related to marine issues at
certain universities. In addition, the program would provide
funds for marine policy fellowships.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $379
million over the 2015-2019 period and $147 million after 2019.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
S. 2030 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and would impose no costs on state, local, or tribal
governments. The bill would benefit public universities by
reauthorizing the national sea grant college program. Any costs
incurred by state, local, or tribal governments, including
matching funds, would result from complying with a voluntary
federal program.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2030 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2015-
2015 2016 2017 2018 2019 2019
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Sea Grant Program
Authorization Level................................... 72 76 79 83 88 398
Estimated Outlays..................................... 47 64 75 81 85 352
Sea Grant Priority Grants
Authorization Level................................... 6 6 6 6 6 30
Estimated Outlays..................................... 4 5 6 6 6 27
Total Changes
Authorization Level............................... 78 82 85 89 94 428
Estimated Outlays................................. 51 69 81 87 91 379
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2030 will be enacted by the end of fiscal year 2014, that the
authorized amounts will be appropriated for each year, and that
outlays will follow historical spending patterns for similar
NOAA activities.
S. 2030 would amend and reauthorize the National Sea Grant
College Program Act. The bill would authorize appropriations
totaling $490 million over the 2015-2020 period to fund
activities at a network of 33 Sea Grant programs located at
universities in every coastal and Great Lakes state, Vermont,
Puerto Rico, and Guam. Those funds would also be used to
provide fellowships that support the placement of graduate
students studying ocean, coastal, and Great Lakes resources
within the executive and legislative branches of the United
States government. In 2014, NOAA received appropriations
totaling $63 million to fund similar activities. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing those provisions would cost $352 million over the
2015-2019 period and $138 million after 2019.
The bill also would authorize the appropriation of $6
million a year to fund competitive grants that would fund high-
priority research activities at universities. Those activities
would include the prevention and control of nonnative aquatic
species, the development of sustainable aquaculture techniques,
and the prevention and forecasting of harmful algal blooms.
NOAA received an appropriation of $4 million to fund similar
activities in 2014. Assuming appropriation of the authorized
amounts, CBO estimates that implementing these provisions would
cost $27 million over the 2015-2019 period and $9 million after
2019.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 2030
contains no intergovernmental or private-sector mandates as
defined in UMRA, and would impose no costs on state, local, or
tribal governments. The bill would benefit public universities
by reauthorizing the national sea grant college program. Any
costs incurred by state, local, or tribal governments,
including matching funds, would result from complying with a
voluntary federal program.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Tristan Hanon.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would not authorize any new regulations and
therefore would not subject any individuals or businesses to
new regulations.
economic impact
This bill would authorize appropriations of $72 million for
FY 2015, $75.6 for FY 2016, $79.38 million for FY 2017, $83.35
million for FY 2018, $87.52 million for FY 2019, and $91.9
million for FY 2020, the same amounts authorized in the past
for the same program. The increasing authorization levels over
flat funding are intended to allow for expansion of the
capacity of smaller programs in the network. An additional $6
million, $12 million less than the level authorized in the last
reauthorization, would be authorized for competitive grants to
address priority activities: non-native species, oyster
diseases and restoration, harmful algal blooms, coastal
resilience and working waterfronts, aquaculture techniques and
technologies, fisheries, and other regional or national
priority issues identified in Sea Grant's National Strategic
Plan. These amounts are not expected to have an inflationary
impact on the Nation's economy. The research, education, and
extension services that Sea Grant provides are estimated to
have a net positive economic impact on coastal communities.\2\
---------------------------------------------------------------------------
\2\NOAA, National Sea Grant College Program FY2013 Performance
Measures and Metrics, 2014, http://seagrant.noaa.gov/Portals/0/
Documents/where_we_work/documents/
FY13%20Performance%20Measures%20and%20Metrics%20for%202_2012-
1_2013%20info%20(1).pdf.
---------------------------------------------------------------------------
privacy
The reported bill would not have any adverse impact on the
personal privacy of individuals.
paperwork
This bill would add a new reporting requirement, mandating
that Sea Grant, in consultation with the SGAB and the SGA,
report to Congress within 180 days of enactment of this Act
their recommendations for optimal use of any monetary donations
received by Sea Grant.
However, this bill would likely decrease overall paperwork
by eliminating two reports that are no longer necessary: the
Sea Grant Colleges and Sea Grant Institutes Annual Report on
Progress, and the Report on the Coordination of Oceans and
Coastal Research Activities. It would decrease a currently
authorized report to Congress from the SGAB regarding ``The
State of Sea Grant,'' from a biennial submission to once every
three years.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide the short title of the bill,
National Sea Grant College Program Amendments Act of 2014.
Section 2. References to the National Sea Grant College Program Act.
This section states that an amendment or repeal of a
section or other provision shall be considered to be made to
the Sea Grant Act.
Section 3. Sea Grant colleges and Sea Grant institutes; annual report
on progress.
This section would remove a required report to Congress
regarding the addition of new Sea Grant Colleges to the
national network. Because the network is now complete, this
report is no longer necessary.
Section 4. Dean John A. Knauss Marine Policy Fellowship.
This section would strengthen the mandate for the
continuation of the Dean John A. Knauss Marine Policy
Fellowship within Sea Grant. It would also establish priorities
for placement of legislative Knauss Fellows within offices of,
or with members on, committees of Congress that have
jurisdiction over NOAA, or in offices of members that have a
demonstrated interest in ocean, coastal, and Great Lakes
resources. It would further direct the Secretary of Commerce to
ensure, to the degree practicable, that placements are
equitably distributed among political parties. Finally, this
section includes a ``Sense of Congress'' statement that the
Secretary of Commerce should encourage Federal agencies hosting
Knauss Fellows to consider opportunities for fellowship
awardees at the conclusion of their fellowships for workforce
positions commensurate with their level of education and
experience.
Section 5. Donations.
This section would clarify that Sea Grant may accept
monetary donations, and request that the program establish
priorities for the use of any such donations, including the
possibility of expanding the Dean John A. Knauss Marine Policy
Fellowship's placement of legislative fellows. It would require
that the NSGO, in consultation with the SGAB and the SGA,
report to Congress within 180 days of enactment of this Act
their recommendations for optimal use of donations received.
Section 6. Report on the coordination of oceans and coastal research
activities.
This section would remove a required report to Congress on
the coordination of activities between Sea Grant and NSF, in
response to a decade-old proposal to incorporate Sea Grant into
NSF. Because this proposal is no longer being enacted, this
report is not necessary.
Section 7. National Sea Grant Advisory Board report.
This section would decrease a currently authorized report
to Congress from the SGAB regarding ``The State of Sea Grant,''
from a biennial submission to once every three years.
Section 8. Program elements.
This section would duplicate language from elsewhere in the
Act to emphasize and underscore Sea Grant's diverse and
important roles in research, extension, education, training,
technology transfer, and public service.
Section 9. Authorization of appropriations.
This section would set the total authorized appropriations
to the Secretary of Commerce to implement the Act at $72
million for FY 2015, $75.6 million for FY 2016, $79.38 million
for FY 2017, $83.35 million for FY 2018, $87.52 million for FY
2019, and $91.9 million for FY 2020. An additional $6 million,
$12 million less than the amount authorized in the 2008
reauthorization, would be authorized for funding competitive
grants for specific priority activities, including non-native
species, oyster restoration and research, harmful algal blooms
forecasting and prevention, coastal resilience, working
waterfronts, aquaculture techniques and technology development,
fisheries, and regional or national priority issues that span
multiple States. Aquaculture, coastal resilience, working
waterfronts, and regional and national priorities would be new
additions to the scope of priority activities. This section
would also limit spending on the administration of the program
by the NSGO to 5.5 percent of the lesser of the amount
authorized to be appropriated and the amount appropriated for
the fiscal year, an increase of 0.5 percent over the current
Sea Grant Act. Additionally, in this section, critical staffing
requirements for the NSGO would be authorized to be met through
the use of the Intergovernmental Personnel Act Mobility
Program. The cost of staff transferred would not count towards
the NSGO administrative spending cap, but rather would be paid
for by the home office of the detail.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
NATIONAL SEA GRANT COLLEGE PROGRAM ACT
[33 U.S.C. 1121 et seq.]
SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
[33 U.S.C. 1123]
(a) Program Maintenance.--The Secretary shall maintain within
the Administration a program to be known as the national sea
grant college program. The national sea grant college program
shall be administered by a national sea grant office within the
Administration.
(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance for research,
education, extension, training, technology transfer, and public
service and other activities authorized in this title, and
shall provide support for the following elements--
(1) sea grant programs that comprise a national sea
grant college program network, including international
projects conducted within such programs and regional
and national projects conducted among such programs;
(2) administration of the national sea grant college
program and this title by the national sea grant office
and the Administration;
(3) the fellowship program under section 208; and
(4) any regional or national strategic investments in
fields relating to ocean, coastal, and Great Lakes
resources developed in consultation with the Board and
with the approval of the sea grant colleges and the sea
grant institutes.
(c) Responsibilities of the Secretary.--
(1) The Secretary, in consultation with the Board,
sea grant colleges, and sea grant institutes, shall
develop at least every 4 years a strategic plan that
establishes priorities for the national sea grant
college program, provides an appropriately balanced
response to local, regional, and national needs, and is
reflective of integration with the relevant portions of
the strategic plans of the Department of Commerce and
of the Administration.
(2) The Secretary, in consultation with the Board,
sea grant colleges, and sea grant institutes, shall
establish guidelines related to the activities and
responsibilities of sea grant colleges and sea grant
institutes. Such guidelines shall include requirements
for the conduct of merit review by the sea grant
colleges and sea grant institutes of proposals for
grants and contracts to be awarded under section 205,
providing, at a minimum, for standardized documentation
of such proposals and peer review of all research
projects.
(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant
colleges and sea grant institutes under section 207.
(4) To carry out the provisions of this title, the
Secretary may--
(A) appoint, assign the duties, transfer, and
fix the compensation of such personnel as may
be necessary, in accordance with civil service
laws;
(B) make appointments with respect to
temporary and intermittent services to the
extent authorized by section 3109 of title 5,
United States Code;
(C) publish or arrange for the publication
of, and otherwise disseminate, in cooperation
with other offices and programs in the
Administration and without regard to section
501 of title 44, United States Code, any
information of research, educational, training
or other value in fields related to ocean,
coastal, or Great Lakes resources;
(D) enter into contracts, cooperative
agreements, and other transactions without
regard to section 5 of title 41, United States
Code;
[(E) notwithstanding section 1342 of title
31, United States Code, accept donations and
voluntary and uncompensated services;]
(E) accept donations of money and,
notwithstanding section 1342 of title 31,
United States Code, of voluntary and
uncompensated services;
(F) accept funds from other Federal
departments and agencies, including agencies
within the Administration, to pay for and add
to grants made and contracts entered into by
the Secretary; and
(G) promulgate such rules and regulations as
may be necessary and appropriate.
(d) Director of the National Sea Grant College Program.--
(1) The Secretary shall appoint, as the Director of
the National Sea Grant College Program, a qualified
individual who has appropriate administrative
experience and knowledge or expertise in fields related
to ocean, coastal, and Great Lakes resources. The
Director shall be appointed and compensated, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, at a rate payable under section 5376 of title
5, United States Code.
(2) Subject to the supervision of the Secretary, the
Director shall administer the national sea grant
college program and oversee the operation of the
national sea grant office. In addition to any other
duty prescribed by law or assigned by the Secretary,
the Director shall--
(A) facilitate and coordinate the development
of a strategic plan under subsection (c)(1);
(B) advise the Secretary with respect to the
expertise and capabilities which are available
within or through the national sea grant
college program and encourage the use of such
expertise and capabilities, on a cooperative or
other basis, by other offices and activities
within the Administration, and other Federal
departments and agencies;
(C) advise the Secretary on the designation
of sea grant colleges and sea grant institutes,
and, if appropriate, on the termination or
suspension of any such designation; and
(D) encourage the establishment and growth of
sea grant programs, and cooperation and
coordination with other Federal activities in
fields related to ocean, coastal, and Great
Lakes resources.
(3) [With respect to sea grant colleges and sea grant
institutes] With respect to sea grant colleges, sea
grant institutes, sea grant programs, and sea grant
projects, the Director shall--
(A) evaluate and assess the performance of
the programs of sea grant colleges and sea
grant institutes, using the priorities,
guidelines, and qualifications established by
the Secretary under subsection (c), and
determine which of the programs are the best
managed and carry out the highest quality
research, education, extension, and training
activities;
(B) subject to the availability of
appropriations, allocate [funding among sea
grant colleges and sea grant institutes]
funding among sea grant colleges, sea grant
institutes, sea grant programs, and sea grant
projects so as to--
(i) promote healthy competition among
sea grant colleges and institutes;
(ii) encourage collaborations among
sea grant colleges and sea grant
institutes to address regional and
national priorities established under
subsection (c)(1);
(iii) ensure successful
implementation of sea grant programs;
(iv) to the maximum extent consistent
with other provisions of this Act,
provide a stable base of funding for
sea grant colleges and institutes;
(v) encourage and promote
coordination and cooperation between
the research, education, and outreach
programs of the Administration and
those of academic institutions; and
(vi) encourage cooperation with
Minority Serving Institutions to
enhance collaborative research
opportunities and increase the number
of such students graduating in NOAA
science areas; and
(C) ensure compliance with the guidelines for
merit review under subsection (c)(2).
SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
[33 U.S.C. 1126]
(a) Designation.--
(1) A sea grant college or sea grant institute shall
meet the following qualifications--
(A) have an existing broad base of competence
in fields related to ocean, coastal, and Great
Lakes resources;
(B) make a long-term commitment to the
objective in section 202(b), as determined by
the Secretary;
(C) cooperate with other sea grant colleges
and institutes and other persons to solve
problems or meet needs relating to ocean,
coastal, and Great Lakes resources;
(D) have received financial assistance under
section 205 of this title (33 U.S.C. 1124);
(E) be recognized for excellence in fields
related to ocean, coastal, and Great Lakes
resources (including marine resources
management and science), as determined by the
Secretary; and
(F) meet such other qualifications as the
Secretary, in consultation with the Board,
considers necessary or appropriate.
(2) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant college if the
institution, association, or alliance--
(A) meets the qualifications in paragraph
(1); and
(B) maintains a program of research,
extension services, training, and education in
fields related to ocean, coastal, and Great
Lakes resources.
(3) The Secretary may designate an institution, or an
association or alliance of two or more such
institutions, as a sea grant institute if the
institution, association, or alliance--
(A) meets the qualifications in paragraph
(1); and
(B) maintains a program which includes, at a
minimum, research and extension services.
(b) Existing Designees.--Any institution, or association or
alliance of two or more such institutions, designated as a sea
grant college or awarded institutional program status by the
Director prior to the date of enactment of the National Sea
Grant College Program Reauthorization Act of 1998, shall not
have to reapply for designation as a sea grant college or sea
grant institute, respectively, after the date of enactment of
the National Sea Grant College Program Reauthorization Act of
1998, if the Director determines that the institution, or
association or alliance of institutions, meets the
qualifications in subsection (a).
(c) Suspension or Termination of Designation.--The Secretary
may, for cause and after an opportunity for hearing, suspend or
terminate any designation under subsection (a).
(d) Duties.--Subject to any regulations prescribed or
guidelines established by the Secretary, it shall be the
responsibility of each sea grant college and sea grant
institute--
(1) to develop and implement, in consultation with
the Secretary and the Board, a program that is
consistent with the guidelines and priorities
established under section 204(c); and
(2) to conduct a merit review of all proposals for
grants and contracts to be awarded under section 205.
[(e) Annual Report on Progress.--
[(1) Report requirement.--The Secretary shall report
annually to the Committee on Resources and the
Committee on Science of the House of Representatives,
and to the Committee on Commerce, Science, and
Transportation of the Senate, on efforts and progress
made by colleges, universities, institutions,
associations, and alliances to become designated under
this section as sea grant colleges or sea grant
institutes, including efforts and progress made by sea
grant institutes in being designated as sea grant
colleges.
[(2) Territories and freely associated states.--The
report shall include description of--
[(A) efforts made by colleges, universities,
associations, institutions, and alliances in
United States territories and freely associated
States to develop the expertise necessary to be
designated as a sea grant institute or sea
grant college;
[(B) the administrative, technical, and
financial assistance provided by the Secretary
to those entities seeking to be designated; and
[(C) the additional actions or activities
necessary for those entities to meet the
qualifications for such designation under
subsection (a)(1).]
SEC. 208. FELLOWSHIPS.
[33 U.S.C. 1127]
(a) In General.--To carry out the educational and training
objectives of this Act, the Secretary shall support a program
of fellowships for qualified individuals at the graduate and
postgraduate level. The fellowships shall be related to ocean,
coastal, and Great Lakes resources and awarded pursuant to
guidelines established by the Secretary. The Secretary shall
strive to ensure equal access for minority and economically
disadvantaged students to the program carried out under this
subsection. Every 2 years, the Secretary shall submit a report
to the Congress describing the efforts by the Secretary to
ensure equal access for minority and economically disadvantaged
students to the program carried out under this subsection, and
the results of such efforts.
(b) Dean John A. Knauss Marine Policy Fellowship.--[The
Secretary]
(1) In general.--The Secretary [may] shall award
marine policy fellowships to support the placement of
individuals at the graduate level of education in
fields related to ocean, coastal and Great Lakes
resources in positions with the executive and
legislative branches of the United States Government.
[A fellowship]
(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, to the degree
practicable, that placements are equitably
distributed among the political parties.
(3) Duration.--A fellowship awarded under this
subsection shall be for a period of not more than 1
year.\1\
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\1\The amendment inserting the language under paragraph (2) shall
apply with respect to the first calendar year beginning after the date
of enactment of the National Sea Grant College Program Amendments Act
of 2014.
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(c) Restriction on use of funds.--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.
SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
[33 U.S.C. 1128]
(a) Establishment.--There shall be an independent committee
to be known as the National Sea Grant Advisory Board.
(b) Duties.--
(1) In general.--The Board shall advise the Secretary
and the Director concerning--
(A) strategies for utilizing the sea grant
college program to address the Nation's highest
priorities regarding the understanding,
assessment, development, management,
utilization, and conservation of ocean,
coastal, and Great Lakes resources;
(B) the designation of sea grant colleges and
sea grant institutes; and
(C) such other matters as the Secretary
refers to the Board for review and advice.
[(2) Biennial report.--The Board shall report to the
Congress every two years on the state of the national
sea grant college program. The Board shall indicate in
each such report the progress made toward meeting the
priorities identified in the strategic plan in effect
under section 204(c). The Secretary shall make
available to the Board such information, personnel, and
administrative services and assistance as it may
reasonably require to carry out its duties under this
title.]
(2) Report.--The Board shall report to the Congress
every 3 years on the state of the national sea grant
college program. The Board shall indicate in each such
report the progress made toward meeting the priorities
identified in the strategic plan in effect under
section 204(c). The Secretary shall make available to
the Board such information, personnel, and
administrative services and assistance as it may
reasonably require to carry out its duties under this
title.
(c) Membership, Terms, and Powers.--
(1) The Board shall consist of 15 voting members who
shall be appointed by the Secretary. The Director and a
director of a sea grant program who is elected by the
various directors of sea grant programs shall serve as
nonvoting members of the Board. Not less than 8 of the
voting members of the Board shall be individuals who,
by reason of knowledge, experience, or training, are
especially qualified in one or more of the disciplines
and fields included in marine science. The other voting
members shall be individuals who, by reason of
knowledge, experience, or training, are especially
qualified in, or representative of, education, marine
affairs and resource management, coastal management,
extension services, State government, industry,
economics, planning, or any other activity which is
appropriate to, and important for, any effort to
enhance the understanding, assessment, development,
management, utilization, or conservation of ocean,
coastal, and Great Lakes resources. No individual is
eligible to be a voting member of the Board if the
individual is (A) the director of a sea grant college
or sea grant institute; (B) an applicant for, or
beneficiary (as determined by the Secretary) of, any
grant or contract under section 205; or (C) a full-time
officer or employee of the United States.
(2) The term of office of a voting member of the
Board shall be 3 years for a member appointed before
the date of enactment of the National Sea Grant College
Program Act Amendments of 2002, and 4 years for a
member appointed or reappointed after the date of
enactment of the National Sea Grant College Program Act
Amendments of 2002. The Director may extend the term of
office of a voting member of the Board appointed before
the date of enactment of the National Sea Grant College
Program Act Amendments of 2002 by up to 1 year. At
least once each year, the Secretary shall publish a
notice in the Federal Register soliciting nominations
for membership on the Board.
(3) Any individual appointed to a partial or full
term may be reappointed for one additional full term.
The Director may extend the term of office of a voting
member of the Board once by up to 1 year.
(4) The Board shall select one voting member to serve
as the Chairman and another voting member to serve as
the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of the Chairman.
(5) Voting members of the Board shall--
(A) receive compensation at a rate
established by the Secretary, not to exceed the
maximum daily rate payable under section 5376
of title 5, United States Code, when actually
engaged in the performance of duties for such
Board; and
(B) be reimbursed for actual and reasonable
expenses incurred in the performance of such
duties.
(6) The Board shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the
request of a majority of the voting members or of the
Director.
(7) The Board may exercise such powers as are
reasonably necessary in order to carry out its duties
under subsection (b).
(8) The Board may establish such subcommittees as are
reasonably necessary to carry out its duties under
subsection (b). Such subcommittees may include
individuals who are not Board members.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 1131]
(a) Authorization.--
(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
[(A) $ 72,000,000 for fiscal year 2009;
[(B) $ 75,600,000 for fiscal year 2010;
[(C) $ 79,380,000 for fiscal year 2011;
[(D) $ 83,350,000 for fiscal year 2012;
[(E) $ 87,520,000 for fiscal year 2013; and
[(F) $ 91,900,000 for fiscal year 2014.]
(A) $72,000,000 for fiscal year 2015;
(B) $75,600,000 for fiscal year 2016;
(C) $79,380,000 for fiscal year 2017;
(D) $83,350,000 for fiscal year 2018;
(E) $87,520,000 for fiscal year 2019; and
(F) $91,900,000 for fiscal year 2020.
[(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there are authorized to
be appropriated for each of fiscal years 2009 through
2014--
[(A) $ 5,000,000 for competitive grants for
university research on the biology, prevention,
and control of aquatic nonnative species;
[(B) $ 5,000,000 for competitive grants for
university research on oyster diseases, oyster
restoration, and oyster-related human health
risks;
[(C) $ 5,000,000 for competitive grants for
university research on the biology, prevention,
and forecasting of harmful algal blooms; and
[(D) $ 3,000,000 for competitive grants for
fishery extension activities conducted by sea
grant colleges or sea grant institutes to
enhance, and not supplant, existing core
program funding.]
(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there is authorized to
be appropriated for each of fiscal years 2015 through
2020 $6,000,000 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 U.S. working
waterfronts and other regional or national
priority issues identified in the strategic
plan under section 204(c)(1).
(E) University research on sustainable
aquaculture techniques and technologies.
(F) Fishery extension activities conducted by
sea grant colleges or sea grant institutes to
enhance, and not supplant, existing core
program funding.
(b) Limitations.--
[(1) Administration.--There may not be used for
administration of programs under this title in a fiscal
year more than 5 percent of the lesser of--
[(A) the amount authorized to be appropriated
under this title for the fiscal year; or
[(B) the amount appropriated under this title
for the fiscal year.]
(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.--The
Director shall use the authority under
subchapter VI of chapter 33 of title 5, United
States Code, to meet any critical staffing
requirement while implementing the activities
authorized in this title. The costs associated
with that exercise of authority shall not be
counted toward the cap under subparagraph (A).
(2) Use for other offices or programs.--Sums
appropriated under the authority of subsection (a)(2)
shall not be available for administration of this title
by the National Sea Grant Office, for any other
Administration or department program, or for any other
administrative expenses.
[(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in
such subsection, the Secretary shall distribute any excess
amounts (except amounts used for the administration of the sea
grant program) to any combination of the following:
[(1) sea grant programs, according to their
performance assessments;
[(2) regional or national strategic investments
authorized under section 204(b)(4);
[(3) a college, university, institution, association,
or alliance for activities that are necessary for it to
be designated as a sea grant college or sea grant
institute; and
[(4) a sea grant college or sea grant institute
designated after the date of enactment of the National
Sea Grant College Program Act Amendments of 2002 but
not yet evaluated under section 204(d)(3)(A).]
[(d)](c) Availability of Sums.--Sums appropriated pursuant to
this section shall remain available until expended.
[(e)] (d) Reversion of Unobligated Amounts.--The amount of
any grant, or portion of a grant, made to a person under any
section of this Act that is not obligated by that person during
the first fiscal year for which it was authorized to be
obligated or during the next fiscal year thereafter shall
revert to the Secretary. The Secretary shall add that reverted
amount to the funds available for grants under the section for
which the reverted amount was originally made available.
NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002
[116 Stat. 2345]
[SEC. 9. REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH
ACTIVITIES.
[33 U.S.C. 857-20]
[Not later than February 15 of each year, the Under Secretary
of Commerce for Oceans and Atmosphere and the Director of the
National Science Foundation shall jointly submit to the
Committees on Resources and Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on how the oceans and
coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program
and the National Sea Grant College Program, and of the National
Science Foundation will be coordinated during the fiscal year
following the fiscal year in which the report is submitted. The
report shall describe in detail any overlapping ocean and
coastal research interests between the agencies and specify how
such research interests will be pursued by the programs in a
complementary manner.]