[Senate Report 116-216]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 426

116th Congress }                                              { Report

 2d Session    }                  SENATE                          
                                                              { 116-216
_______________________________________________________________________

                                     



       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2019

                               __________

                              R E P O R T

                                OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                  ON

                                 S. 910


              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               February 13, 2020.--Ordered to be printed
               
                            __________

               U.S. GOVERNMENT PUBLISHING OFFICE

99-010                 WASHINGTON : 2020




               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                  ONE HUNDRED SISTEENTH CONGRESS

                           SECOND SESSION

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               
               


                                                      Caldendar No. 426
116th Congress }                                            { Report
                                 SENATE
 2d Session   }                                             { 116-216

======================================================================



 
       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2019

                                _______
                                

               February 13, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 910]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 910) 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. 910 is to amend the National Sea Grant 
College Program Act\1\ (Sea Grant Act) to reauthorize the 
National Sea Grant College Program (Sea Grant) through 2024 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.
---------------------------------------------------------------------------
    \1\33 U.S.C. 1121 et seq.
---------------------------------------------------------------------------

                          Background and Needs

    The Sea Grant Act was first enacted in 1966 and has been 
amended 10 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 works to build partnerships with 
State, local, and non-governmental organization (NGO) groups to 
address coastal and marine issues. For more than 50 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 U.S. territories, Lake Champlain, and 
the Great Lakes. The network includes more than 4,000 
scientists, engineers, educators, and students at more than 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 (2018-2021) 
includes four focus areas: (1) Sustainable Fisheries and 
Aquaculture; (2) Healthy Coastal Ecosystems; (3) Resilient 
Communities and Economies; and (4) Environmental Literacy and 
Workforce Management. 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) 2016, with $73 million in 
appropriations, Sea Grant supported an estimated $611 million 
in economic benefit to the Nation, supported the creation or 
retention of 1,300 businesses, supported the creation or 
retention of 7,100 jobs, and supported 2,313 undergraduate and 
graduate students. For grant purposes under section 205(a) of 
the Sea Grant Act,\2\ 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.
---------------------------------------------------------------------------
    \2\33 U.S.C. 1124(a).
---------------------------------------------------------------------------

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. The 
currently authorized Sea Grant Act includes education as one of 
the primary purposes of Sea Grant\3\ and requires Sea Grant to 
support several fellowships,\4\ 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 more than 1,000 fellows to Washington, DC. Each 
year, 12 to 14 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.
---------------------------------------------------------------------------
    \3\33 U.S.C. 1121(c).
    \4\33 U.S.C. 1123(b)(3).
---------------------------------------------------------------------------

   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 taken a leadership role to address 
regional issues by developing partnerships with each of the 
eight NOAA regions, effectively bringing together academic 
institutions, Federal, State and local government agencies, and 
NGOs.

    PROGRESSING SEA GRANT'S DIVERSITY, EQUITY, AND INCLUSION (DEI) 
                              INITIATIVES

    In 2016, the Sea Grant Community of Practice on Inclusion 
and Diversity was formed to do a systematic analysis and review 
of diversity, equity, and inclusion principles across the Sea 
Grant network. As a result, the working group developed a 10-
year vision plan, including best practices for increasing 
diversity, equity, and inclusion throughout Sea Grant. The 
Committee applauds this effort and expects that Sea Grant 
continue its efforts.

                   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, 
the NSGO has struggled to retain adequate staff. 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 attempts to address their concerns by providing 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 also 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 4 years, in order to alleviate time 
constraints on the SGAB.

                         Summary of Provisions

    S. 910, the National Sea Grant College Program Amendments 
Act, would do the following:
   Reauthorize Sea Grant from 2020 through 2024.
   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.
   Authorize appropriations of $87.5 million for FY 
        2020; $91.9 million for FY 2021; $96.5 million for FY 
        2022; $101.3 million for FY 2023; and $105.7 million 
        for FY 2024. 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. The Sea Grant Program 
        authorization expired at the end of FY 2014.

                          Legislative History

    S. 910 was introduced on March 27, 2019, by Senator Wicker 
(for himself and Senator Schatz) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. Senators Cantwell, Sullivan, and Murkowski are 
additional cosponsors. On April 3, 2019, the Committee met in 
open Executive Session and, by voice vote, ordered S. 910 
reported favorably with an amendment (in the nature of a 
substitute).
    In the 115th Congress, S. 129, a bill similar to S. 910, 
was introduced on January 12, 2017, by Senator Wicker (for 
himself and Senators Schatz, Cantwell, and Sullivan) and was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senators Murkowski and Nelson 
were additional cosponsors. On January 24, 2017, the Committee 
met in open Executive Session and, by voice vote, ordered S. 
129 reported favorably without amendment. S. 129 passed the 
Senate by unanimous consent on September 14, 2017, and was 
referred to the Committee on Natural Resources of the House of 
Representatives on September 18, 2017.

                            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:
      

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The National Sea Grant College Program is a partnership 
between the National Oceanic and Atmospheric Administration 
(NOAA) and 33 university-based programs that focuses on 
studying, conserving, and effectively using U.S. coastal 
resources. S. 910 would amend the program and would authorize 
appropriations of about $513 million over the 2020-2024 period 
for NOAA to implement the program. The bill would restrict the 
use of funds allocated to the program's policy fellowship, 
reduce the frequency of reports to the Congress, and update the 
process for designating new institutions to be a part of the 
program.
    Based on historical spending patterns and assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing the bill would cost $445 million over the 2020-
2024 period and $68 million after 2024. In 2019, NOAA allocated 
$80 million to the program. The costs, as detailed in Table 1, 
fall within budget function 300 (natural resources and 
environment).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 910
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                            ----------------------------------------------------
                                                              2019   2020   2021   2022   2023   2024  2019-2024
----------------------------------------------------------------------------------------------------------------
Authorization..............................................      0     94     98    102    107    112       513
Estimated Outlays..........................................      0     55     80     97    104    109       445
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    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. 910, 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 S. 910, as reported, is not expected to have 
any significant adverse impacts on the Nation's economy.

                                privacy

    S. 910, as reported, would not impact the personal privacy 
of individuals.

                               paperwork

    S. 910, as reported, 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 entitled ``The State of Sea Grant,'' from a biennial 
submission to once every 4 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 that the bill may be cited as 
the ``National Sea Grant College Program Amendments Act of 
2019''.

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.\5\
---------------------------------------------------------------------------
    \5\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 has worked with 
the National Sea Grant College Program Office since 2014 to 
ensure the placement of classes would be more equitably 
distributed among Members of Congress from different political 
parties. The Committee appreciates the work the National Sea 
Grant College Program Office has done to ensure more equitable 
placements and will continue to closely follow the issue.

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. Reduction in frequency required for National Sea Grant 
        Advisory Board Report

    This section would require a report to Congress from the 
Sea Grant Advisory Board entitled ``The State of Sea Grant'' 
every 4 years, rather than biennially, to allow more time for 
report recommendations to be acted upon.

Section 6. 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 7. Designation of new national sea grant colleges and sea grant 
        institutes

    This section would require NOAA to notify Congress before 
designating any new sea grant college or institute. NOAA would 
be prohibited from designating such new sea grant college or 
institute if Congress issues a joint resolution disapproving of 
the designation.

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 after the date that the candidate completed his/her 
fellowship.

Section 9. Authorization of appropriations for National Sea Grant 
        College Program

    This section would set the authorized appropriations to the 
Secretary of Commerce to implement the Act at $87.52 million 
for FY 2020; $91.9 million for FY 2021; $96.5 million for FY 
2022; $101.33 million for FY 2023; and $105.7 million for FY 
2024.
    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 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.\6\ 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.
---------------------------------------------------------------------------
    \6\42 U.S.C. 4701 et seq.
---------------------------------------------------------------------------

Section 10. 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 the Sea Grant and the NSF in 
response to a decade-old proposal to incorporate the Sea Grant 
into the NSF.

Section 11. 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


   [Public Law 89-688, Approved Oct. 15, 1966, 80 Stat. 998; amended 
through Public Law 110-394, enacted October 13, 2008]

           *       *       *       *       *       *       *


                            [33 U.S.C. 1123]

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) * * *
    (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) * * *
    (c) Responsibilities of the Secretary.--
            (1) * * *
            (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) * * *
            (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]
                            (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. 205.* * *

                            [33 U.S.C. 1126]

SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.

    (a) Designation.--(1) A sea grant college or sea grant 
institute shall meet the following qualifications--
    (b) [Existing Designees] Additional Designations.--[Any 
institution]
            (1) Notification to congress of designations.--
                    (A) In general.--Not less than 30 days 
                before designating an institution, or an 
                association or alliance of two or more such 
                institutions, as a sea grant college or sea 
                grant institute under subsection (a), the 
                Secretary shall notify Congress in writing of 
                the proposed designation. The notification 
                shall include an evaluation and justification 
                for the designation.
                    (B) Effect of joint resolution of 
                disapproval.--The Secretary may not designate 
                an institution, or an association or alliance 
                of two or more such institutions, as a sea 
                grant college or sea grant institute under 
                subsection (a) if, before the end of the 30-day 
                period described in subparagraph (A), a joint 
                resolution disapproving the designation is 
                enacted.
            (2) Existing designees.--Any institution, 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).

                            [33 U.S.C. 1127]

SEC. 208. FELLOWSHIPS.

    (a) * * *
    (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.
    [(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.]
    (c) Restriction on Use of Funds.--
            (1) In general.--Amounts available for fellowships 
        under this section, including amounts accepted under 
        section 204(c)(4)(F) or appropriated under section 212 
        to implement this section, shall be used only for award 
        of such fellowships and administrative costs of 
        implementing this section.
            (2) Limitation on administrative costs.--Not more 
        than 3 percent of amounts made available for 
        fellowships under subsection (b) may be used by a sea 
        grant college or sea grant institute for fringe or 
        other necessary costs of administering the fellowships.
            (3) Allowable uses.--Amounts provided to a fellow 
        under subsection (b) may be used by the fellow for the 
        costs of academic travel, including travel costs 
        relating to returning to the home institution of higher 
        education of the fellow to complete degree 
        requirements.

                            [33 U.S.C. 1128]

SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

    (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] Periodic report.--[The Board shall 
        report to the Congress every two years on the state of 
        the national sea grant college program.] The Board 
        shall report to Congress at least once every four years 
        on the state of the national sea grant college program 
        and shall notify Congress of any significant changes to 
        the state of the program not later than two years after 
        the submission of such a report. 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) and provide a summary of 
        research conducted under the program. [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.
    (c) * * *

                            [33 U.S.C. 1131]

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    (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) $87,520,000 for fiscal year 2020;
                    (B) $91,900,000 for fiscal year 2021;
                    (C) $96,500,000 for fiscal year 2022;
                    (D) $101,325,000 for fiscal year 2023; and
                    (E) $105,700,000 for fiscal year 2024.
            [(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 2020 
        through 2024.--In addition to the amounts authorized to 
        be appropriated under paragraph (1), there are 
        authorized to be appropriated $6,000,000 for each of 
        fiscal years 2020 through 2024 for competitive grants 
        for the following:
                    (A) University research on the biology, 
                prevention, and control of aquatic nonnative 
                species.
                    (B) University research on oyster diseases, 
                oyster restoration, and oyster-related human 
                health risks.
                    (C) University research on the biology, 
                prevention, and forecasting of harmful algal 
                blooms.
                    (D) University research, education, 
                training, and extension services and activities 
                focused on coastal resilience and United States 
                working waterfronts and other regional or 
                national priority issues identified in the 
                strategic plan under section 204(c)(1).
                    (E) University research and extension on 
                sustainable aquaculture techniques and 
                technologies.
                    (F) Fishery research and extension 
                activities conducted by sea grant colleges or 
                sea grant institutes to enhance, and not 
                supplant, existing core program funding.
    (b) 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.
            [(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.]
            (1) Administration.--
                    (A) In general.--There may not be used for 
                administration of programs under this title in 
                a fiscal year more than 5.5 percent of the 
                lesser of--
                            (i) the amount authorized to be 
                        appropriated under this title for the 
                        fiscal year; or
                            (ii) the amount appropriated under 
                        this title for the fiscal year.
                    (B) Critical staffing requirements.--
                            (i) In general.--The Director shall 
                        use the authority under subchapter VI 
                        of chapter 33 of title 5, United States 
                        Code, and under section 210 of this 
                        title, to meet any critical staffing 
                        requirement while carrying out the 
                        activities authorized under this title.
                            (ii) Exception from cap.--For 
                        purposes of subparagraph (A), any costs 
                        incurred as a result of an exercise of 
                        authority as described in clause (i) 
                        shall not be considered an amount used 
                        for administration of programs under 
                        this title in a fiscal year.
    [(c) 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.

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       NATIONAL SEA GRANT COLLEGE PROGRAM ACT AMENDMENTS OF 2002


          [Pub. L. 107-299; 116 Stat. 2348; 33 U.S.C. 857-20]

[SEC. 9. COORDINATION.

    [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.]