[Senate Report 115-15]
[From the U.S. Government Publishing Office]
Calendar No. 26
115th Congress } { Report
SENATE
1st Session } { 115-15
_______________________________________________________________________
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 129
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 30, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JIM INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 26
115th Congress } { Report
SENATE
1st Session } { 115-15
======================================================================
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2017
_______
March 30, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 129]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 129) to reauthorize and amend
the National Sea Grant College Program Act, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 129 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 2022 and to improve Sea Grant'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 coastal, marine, 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, Sea Grant
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
all coastal States, major territories, Lake Champlain, and the
Great Lakes. The network includes over 3,000 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) 2014, with $62.5
million in appropriations, Sea Grant supported an estimated
$450 million in economic benefit to the Nation, supported the
creation or retention of 6,500 businesses, supported the
creation or retention of 17,500 jobs, generated 5 patents, and
supported 760 undergraduate and 910 graduate students. For
grant purposes under section 205(a) of the Sea Grant Act (33
U.S.C. 1124(a)), 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.
Strengthening the education mandate and fellowship placement priorities
Sea Grant has worked to integrate its three program
elements: (1) research, (2) outreach, and (3) education.
However, recent proposals by the previous 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 (Knauss Fellowship), as written, is currently
optional. For more than 30 years, the Knauss Fellowship has
been a highly successful part of Sea Grant, and has brought
over 1,000 fellows to Washington, D.C. Each year, 10 to 12 of
the Knauss Fellows are placed in member offices or with
committees in the Senate or House of Representatives. This bill
would strengthen the Sea Grant education component by requiring
the educational component to be maintained.
Developing Sea Grant's regional leadership and expanding priority
activities
Since its inception, Sea Grant has addressed national
issues at a local level. Although Sea Grant has always had the
capability of addressing intermediate-scale problems at a
regional level, it has been 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.
Increasing resources for the NSGO
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 7 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 reviewed
the functions and staffing of NOAA's NSGO in 2002 and 2008. In
addition, in 2006, the National Research Council 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; therefore,
the National Research Council and SGAB 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. This bill would provide
an additional 0.5 percent in funding for the NSGO to ensure
adequate program support while also providing robust funding to
State programs.
This bill would remove a required report to Congress that
is no longer useful. The Sea Grant Act calls for a coordination
report regarding a decade-old proposal to transfer Sea Grant
from NOAA to the NSF. However, as that restructuring is no
longer planned, the need for annual reporting on coordination
no longer exists. This bill also would alter the reporting
requirements for the ``State of Sea Grant'' report from
biennial to every 3 years, in order to alleviate time
constraints on the SGAB.
Summary of Provisions
The National Sea Grant College Program Amendments Act of
2017 would reauthorize Sea Grant from 2017 through 2022. The
bill also would make a number of program adjustments and
improvements, including:
creating a more equitable placement of Sea
Grant Fellows in congressional offices;
giving the head of any Federal agency direct
hiring authority to hire a Knauss fellow who
successfully fulfilled the requirements of their
fellowship for up to 2 years after completion of their
fellowship;
adding aquaculture as a priority activity;
and
providing a modest 0.5 percent increase in
funding for the NSGO.
This bill would authorize appropriations of $75.6 million
for FY 2017, $79.38 million for FY 2018, $83.35 million for FY
2019, $87.52 million for FY 2020, $91.9 million for FY 2021,
and $96.5 million for FY 2022, 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 for
specific priority activities, including non-native species,
oyster restoration and research, harmful algal blooms, regional
or national priority issues, aquaculture, and fisheries.
Regional projects would be a new addition to the scope of
priority activities. This bill would decrease the authorization
levels for Sea Grant by over $30 million in FY 2017 compared to
FY 2014. The Sea Grant Program authorization expired at the end
of FY 2014.
Legislative History
S. 129 was introduced by Senator Wicker on January 12,
2017. Senators Schatz, Sullivan, and Cantwell are cosponsors.
On January 24, 2017, the Committee met in open Executive
Session and, by voice vote, ordered S. 129 to be reported
favorably without amendment. Similar bills (S. 764, S. 2328, S.
3282) were reported out of Committee and passed the Senate last
Congress.
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. 129--National Sea Grant College Program Amendments Act of 2017
Summary: S. 129 would authorize appropriations totaling
$550 million over the 2017-2022 period for the National Oceanic
and Atmospheric Administration (NOAA) to carry out the National
Sea Grant College Program. That program funds scientific
research, education, and public outreach related to marine
issues at certain universities. CBO estimates that $70 million
of that amount has already been appropriated, on an annualized
basis, for 2017.
Assuming appropriation of the authorized amounts above
those already appropriated, CBO estimates that implementing the
legislation would cost $427 million over the 2017-2022 period.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 129 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 129 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 129 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--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Sea Grant Program:
Estimated Authorization Levela....... 12 79 83 88 92 97 450
Estimated Outlays.................... 8 54 71 83 90 94 400
Sea Grant Priority Grants:
Estimated Authorization Levelb....... 0 6 6 6 6 6 30
Estimated Outlays.................... 0 4 5 6 6 6 27
Total Changes:
Estimated Authorization Level.... 12 85 89 94 98 103 480
Estimated Outlays................ 8 58 77 89 96 100 427
----------------------------------------------------------------------------------------------------------------
Note: Numbers may not add up to totals because of rounding.
aThe bill would authorize the appropriation of $76 million for the Sea Grant Program for fiscal year 2017;
however, based on information from NOAA, CBO estimates that $64 million has been allocated on an annualized
basis from funds made available under the continuing resolution (Public Law 114-254), which provided
appropriations through April 28, 2017.
bThe bill would authorize the appropriation of $6 million for the Sea Grant Priority Grants for fiscal year
2017; however, based on information from NOAA, CBO estimates that $8 million has been allocated on an
annualized basis from funds made available under the continuing resolution (Public Law 114-254), which
provided appropriations through April 28, 2017. Consequently, no additional funds would be authorized to be
appropriated for those grants in 2017.
Basis of estimate: For this estimate, CBO assumes that S.
129 will be enacted in fiscal year 2017, that the authorized
amounts will be appropriated for each year, and that outlays
will follow historical spending patterns for those activities.
S. 129 would amend and reauthorize the National Sea Grant
College Program Act. The bill would authorize appropriations
totaling $514 million over the 2017-2022 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 federal
government. In 2017, NOAA allocated $64 million of appropriated
funds (on an annualized basis) made available under the
continuing resolution to carry out similar activities. The bill
would authorize $76 million to be appropriated for such
activities in 2017. Thus, CBO estimates that S. 129 would
authorize the appropriation of an additional $12 million for
2017. Assuming appropriation of those additional amounts, CBO
estimates that implementing those provisions would cost $400
million over the 2017-2022 period.
The bill also would authorize the appropriation of $6
million a year to fund competitive grants for high-priority
research activities at universities. In 2017, NOAA allocated $8
million of appropriated funds (on an annualized basis) made
available under the continuing resolution to carry out similar
activities. The bill would authorize $6 million to be
appropriated for such activities in 2017. Thus CBO estimates
that no additional amounts would be authorized to be
appropriated for 2017. Activities would include preventing and
controlling nonnative aquatic species, developing sustainable
aquaculture techniques, and forecasting and preventing harmful
algal blooms. Assuming appropriation of authorized amounts
above those already provided, CBO estimates that implementing
these provisions would cost $27 million over the 2017-2022
period.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 129 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 129
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, which
provides grants to improve marine resource conservation,
management, and utilization. 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: Jacob Fabian; Impact
on State, Local, and Tribal Governments: Jon Sperl; Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, 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
S. 129, as reported, would not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy.
privacy
The bill would not impact 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 not later than 180 days after the date of
enactment of this Act its recommendations for optimal use of
any monetary donations received by Sea Grant. However, this
bill would likely decrease overall paperwork by eliminating a
report that is no longer necessary, 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 3 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 2017.
Section 2. References to the National Sea Grant College Program Act.
This section would state that an amendment or repeal of a
section or other provision should be considered to be made to
the National Sea Grant College Program Act (33 U.S.C. 1121 et
seq.).
Section 3. Modification of Dean John A. Knauss Marine Policy
Fellowship.
This section would require that the Knauss Fellowship
remain within Sea Grant. It would give fellow placement
preference to offices of, or with members on, committees of
Congress that have jurisdiction over NOAA and members that have
a demonstrated interest in ocean, coastal, or Great Lake
resources. It also would require the Secretary of Commerce
(Secretary) to ensure placements are equitably distributed
among the political parties. It would express the sense of
Congress that participating Federal agencies consider workforce
positions for fellows at the conclusion of their fellowships.
This section is in direct response to concerns about imbalances
in legislative fellow placement. The Committee worked with the
National Sea Grant College Program Office in the Fall of 2016
to ensure the placement of the incoming class of 2017 would be
more equitably distributed among the political parties
following several years of one or no placements of fellows in
Republican offices. The class of 2017 will have four fellows in
Republican offices and the Committee commends the work the
National Sea Grant College Program Office did to ensure more
equitable placement.
Section 4. Modification of authority of Secretary of Commerce to accept
donations for National Sea Grant College Program.
This section would allow Sea Grant to accept and develop
priorities for the use of private donations. It requires the
Director of Sea Grant to submit to Congress a report not later
than 180 days after the date of enactment of the Act on the
optimal use of any donations accepted under this section.
Section 5. Repeal of requirement for Report on Coordination of Oceans
and Coastal Research Activities.
This section would repeal a report to Congress on the
coordination of activities between Sea Grant and the NSF in
response to a decade-old proposal to incorporate Sea Grant into
the NSF. That proposal is no longer being considered; therefore
the report is not necessary.
Section 6. Reduction in frequency required for National Sea Grant
Advisory Board Report.
This section would require a report to Congress from the
SGAB regarding ``The State of Sea Grant'' every 3 years, rather
than biennially, to allow more time for report recommendations
to be acted upon.
Section 7. Modification of elements of National Sea Grant College
Program.
This section would codify existing findings and clarify
that Sea Grant is authorized to provide financial assistance
for research, education, extension, training, technology
transfer, and public service.
Section 8. Direct hire authority; Dean John A. Knauss Marine Policy
Fellowship.
This section would give Federal agencies the authority to
directly 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 who has completed a Knauss Fellowship within the last
2 years.
Section 9. Authorization of appropriations for National Sea Grant
College Program.
This section would set the authorized appropriations to the
Secretary to implement the Sea Grant Act at $75.6 million for
FY 2017, $79.38 million for FY 2018, $83.35 million for FY
2019, $87.52 million for FY 2020, $91.9 million for FY 2021,
and $96.5 million for FY 2022.
An additional $6 million, $12 million less than the amount
authorized for these programs under the last reauthorization,
would be authorized for funding competitive grants for specific
priority activities, including non-native species, oyster
restoration and research, harmful algal blooms, regional or
national priority issues, aquaculture, and fisheries. Regional
projects would be a new addition to the scope of priority
activities. This bill would decrease the authorization levels
for Sea Grant by over $30 million in FY 2017 compared to FY
2014. The Sea Grant Program authorization expired at the end of
FY 2014.
This section also would limit spending on the
administration of the program by the NSGO to 5.5 percent, an
increase of 0.5 percent over the current levels. Additionally,
in this section, critical staffing requirements for the NSGO
would be authorized to be met through the use of the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et
seq.). The cost of the Intergovernmental Personnel Act
detailees would not count toward the NSGO administrative
spending cap, but rather would be paid for by the home office
of the detail. This increase in administrative cap and
authority for the use of detailees would balance the needs of
the NSGO and the goal of retaining Sea Grant's focus on its
State-based programs.
Section 10. Technical corrections.
This section would make technical corrections to the Sea
Grant Act.
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. 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.
(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 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\
---------------------------------------------------------------------------
\1\The amendments made to subsection (b) would apply with respect
to the first calendar year beginning after the date of enactment of the
Act.
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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]
* * * * * * *
(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] Periodic report.--[The Board shall
report to the Congress every two years] Not less
frequently than once every 3 years, the Board shall
submit to Congress a report 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]
(3) Availability of resources of department of
commerce.--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.
* * * * * * *
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.]
(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this title--
(A) $75,600,000 for fiscal year 2017;
(B) $79,380,000 for fiscal year 2018;
(C) $83,350,000 for fiscal year 2019;
(D) $87,520,000 for fiscal year 2020;
(E) $91,900,000 for fiscal year 2021; and
(F) $96,500,000 for fiscal year 2022.
[(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 for fiscal years 2017 through
2022.--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
2017 through 2022 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 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.--
(i) In general.--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 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.
(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.]
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