    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-221
    116th Congress

    An Act

    To reauthorize and amend the National Sea Grant College Program Act, and
    for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <>  SHORT TITLE.

    This Act may be cited as the ``National Sea Grant College Program
    Amendments Act of 2020''.
    SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Except as otherwise expressly provided, wherever in this Act an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the National Sea Grant
    College Program Act (33 U.S.C. 1121 et seq.).
    SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY
    FELLOWSHIP.

    (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by
    striking ``may'' and inserting ``shall''.
    (b) Placements in Congress.--Such section is further amended--
    (1) in the first sentence, by striking ``The Secretary'' and
    inserting the following:
    ``(1) In general.--The Secretary''; and
    (2) in paragraph (1), as designated by paragraph (1), in the
    second sentence, by striking ``A fellowship'' and inserting the
    following:
    ``(2) Placement priorities.--
    ``(A) In general.--In each year in which the
    Secretary awards a legislative fellowship under this
    subsection, when considering the placement of fellows,
    the Secretary shall prioritize placement of fellows in
    the following:
    ``(i) Positions in offices of, or with Members
    on, committees of Congress that have jurisdiction
    over the National Oceanic and Atmospheric
    Administration.
    ``(ii) Positions in offices of Members of
    Congress that have a demonstrated interest in
    ocean, coastal, or Great Lakes resources.
    ``(B) Equitable distribution.--In placing fellows in
    offices described in subparagraph (A), the Secretary
    shall ensure that placements are equitably distributed
    among the political parties.

    [[Page 1058]]

    ``(3) Duration.--A fellowship''.

    (c) <>  Effective Date.--The amendments
    made by this section shall apply with respect to the first calendar year
    beginning after the date of the enactment of this Act.

    (d) Sense of Congress Concerning Federal Hiring of Former Fellows.--
    It is the sense of Congress that in recognition of the competitive
    nature of the fellowship under section 208(b) of the National Sea Grant
    College Program Act (33 U.S.C. 1127(b)), and of the exceptional
    qualifications of fellowship awardees, the Secretary of Commerce, acting
    through the Under Secretary of Commerce for Oceans and Atmosphere,
    should encourage participating Federal agencies to consider
    opportunities for fellowship awardees at the conclusion of their
    fellowships for workforce positions appropriate for their education and
    experience.
    SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO
    ACCEPT DONATIONS FOR NATIONAL SEA GRANT
    COLLEGE PROGRAM.

    (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is
    amended to read as follows:
    ``(E) accept donations of money and, notwithstanding
    section 1342 of title 31, United States Code, of
    voluntary and uncompensated services;''.

    (b) <>  Priorities.--The Secretary of
    Commerce, acting through the Under Secretary of Commerce for Oceans and
    Atmosphere, shall establish priorities for the use of donations accepted
    under section 204(c)(4)(E) of the National Sea Grant College Program Act
    (33 U.S.C. 1123(c)(4)(E)), and shall consider among those priorities the
    possibility of expanding the Dean John A. Knauss Marine Policy
    Fellowship's placement of additional fellows in relevant legislative
    offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in
    accordance with the recommendations under subsection (c) of this
    section.

    (c) <>  Report.--Not later than 180 days after
    the date of the enactment of this Act, the Director of the National Sea
    Grant College Program, in consultation with the National Sea Grant
    Advisory Board and the Sea Grant Association, shall--
    (1) <>  develop recommendations
    for the optimal use of any donations accepted under section
    204(c)(4)(E) of the National Sea Grant College Program Act (33
    U.S.C. 1123(c)(4)(E)); and
    (2) submit to Congress a report on the recommendations
    developed under paragraph (1).

    (d) <>  Construction.--Nothing in this
    section shall be construed to limit or otherwise affect any other
    amounts available for marine policy fellowships under section 208(b) of
    the National Sea Grant College Program Act (33 U.S.C. 1127(b)),
    including amounts--
    (1) accepted under section 204(c)(4)(F) of that Act (33
    U.S.C. 1123(c)(4)(F)); or
    (2) appropriated pursuant to the authorization of
    appropriations under section 212 of that Act (33 U.S.C. 1131).
    SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT
    ADVISORY BOARD REPORT.

    Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
    (1) in the paragraph heading, by striking ``Biennial'' and
    inserting ``Periodic'';
    (2) <>  by striking the first sentence
    and inserting the following: ``The Board shall report to
    Congress at least once every

    [[Page 1059]]

    four years on the state of the national sea grant college
    program and shall notify Congress of any significant changes to
    the state of the program not later than two years after the
    submission of such a report.''; and
    (3) in the second sentence, by adding before the end period
    the following: ``and provide a summary of research conducted
    under the program''.
    SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE
    PROGRAM.

    Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter
    preceding paragraph (1), by inserting ``for research, education,
    extension, training, technology transfer, and public service'' after
    ``financial assistance''.
    SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND SEA
    GRANT INSTITUTES.

    Section 207(b) (33 U.S.C. 1126(b)) is amended--
    (1) in the subsection heading, by striking ``Existing
    Designees'' and inserting ``Additional Designations''; and
    (2) by striking ``Any institution'' and inserting the
    following:
    ``(1) Notification to congress of designations.--
    ``(A) <>  In general.--Not less
    than 30 days before designating an institution, or an
    association or alliance of two or more such
    institutions, as a sea grant college or sea grant
    institute under subsection (a), the Secretary shall
    notify Congress in writing of the proposed designation.
    The notification shall include
    an <> evaluation and justification
    for the designation.
    ``(B) Effect of joint resolution of disapproval.--
    The Secretary may not designate an institution, or an
    association or alliance of two or more such
    institutions, as a sea grant college or sea grant
    institute under subsection (a) if, before the end of the
    30-day period described in subparagraph (A), a joint
    resolution disapproving the designation is enacted.
    ``(2) Existing designees.--Any institution''.
    SEC. 8. <>  DIRECT HIRE AUTHORITY; DEAN
    JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.

    (a) In General.--During fiscal year 2021 and any fiscal year
    thereafter, the head of any Federal agency may appoint, without regard
    to the provisions of subchapter I of chapter 33 of title 5, United
    States Code, other than sections 3303 and 3328 of that title, a
    qualified candidate described in subsection (b) directly to a position
    with the Federal agency for which the candidate meets Office of
    Personnel Management qualification standards.
    (b) <>  Dean John A. Knauss Marine Policy
    Fellowship.--Subsection (a) applies with respect to a former recipient
    of a Dean John A. Knauss Marine Policy Fellowship under section 208(b)
    of the National Sea Grant College Program Act (33 U.S.C. 1127(b)) who--
    (1) earned a graduate or post-graduate degree in a field
    related to ocean, coastal, and Great Lakes resources or policy
    from an accredited institution of higher education; and
    (2) successfully fulfilled the requirements of the
    fellowship within the executive or legislative branch of the
    United States Government.

    [[Page 1060]]

    (c) <>  Limitation.--The direct hire authority
    under this section shall be exercised with respect to a specific
    qualified candidate not later than 2 years after the date that the
    candidate completed the fellowship described in subsection (b).
    SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT
    COLLEGE PROGRAM.

    (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--
    (1) by amending paragraph (1) to read as follows:
    ``(1) In general.--There are authorized to be appropriated
    to the Secretary to carry out this title--
    ``(A) $87,520,000 for fiscal year 2021;
    ``(B) $91,900,000 for fiscal year 2022;
    ``(C) $96,500,000 for fiscal year 2023;
    ``(D) $101,325,000 for fiscal year 2024; and
    ``(E) $105,700,000 for fiscal year 2025.''; and
    (2) by amending paragraph (2) to read as follows:
    ``(2) Priority activities for fiscal years 2021 through
    2025.--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 2021 through 2025 for
    competitive grants for the following:
    ``(A) University research on the biology,
    prevention, and control of aquatic nonnative species.
    ``(B) University research on oyster diseases, oyster
    restoration, and oyster-related human health risks.
    ``(C) University research on the biology,
    prevention, and forecasting of harmful algal blooms.
    ``(D) University research, education, training, and
    extension services and activities focused on coastal
    resilience and United States working waterfronts and
    other regional or national priority issues identified in
    the strategic plan under section 204(c)(1).
    ``(E) University research and extension on
    sustainable aquaculture techniques and technologies.
    ``(F) Fishery research and extension activities
    conducted by sea grant colleges or sea grant institutes
    to enhance, and not supplant, existing core program
    funding.''.

    (b) Modification of Limitations on Amounts for Administration.--
    Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read
    as follows:
    ``(1) Administration.--
    ``(A) In general.--There may not be used for
    administration of programs under this title in a fiscal
    year more than 5.5 percent of the lesser of--
    ``(i) the amount authorized to be appropriated
    under this title for the fiscal year; or
    ``(ii) the amount appropriated under this
    title for the fiscal year.
    ``(B) Critical staffing requirements.--
    ``(i) In general.--The Director shall use the
    authority under subchapter VI of chapter 33 of
    title 5, United States Code, and under section 210
    of this title, to meet any critical staffing
    requirement while carrying out the activities
    authorized under this title.

    [[Page 1061]]

    ``(ii) Exception from cap.--For purposes of
    subparagraph (A), any costs incurred as a result
    of an exercise of authority as described in clause
    (i) shall not be considered an amount used for
    administration of programs under this title in a
    fiscal year.''.

    (c) Allocation of Funding.--
    (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is
    amended--
    (A) in the matter preceding subparagraph (A), by
    striking ``With respect to sea grant colleges and sea
    grant institutes'' and inserting ``With respect to sea
    grant colleges, sea grant institutes, sea grant
    programs, and sea grant projects''; and
    (B) in subparagraph (B), in the matter preceding
    clause (i), by striking ``funding among sea grant
    colleges and sea grant institutes'' and inserting
    ``funding among sea grant colleges, sea grant
    institutes, sea grant programs, and sea grant
    projects''.
    (2) Repeal of requirements concerning distribution of excess
    amounts.--Section 212 (33 U.S.C. 1131) is amended--
    (A) by striking subsection (c); and
    (B) by redesignating subsections (d) and (e) as
    subsections (c) and (d), respectively.
    SEC. 10. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF
    OCEANS AND COASTAL RESEARCH ACTIVITIES.

    Section 9 of the National Sea Grant College Program Act Amendments
    of 2002 (33 U.S.C. 857-20) is repealed.
    SEC. 11. TECHNICAL CORRECTIONS.

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

    [[Page 1062]]

    ``(3) Availability of resources of department of commerce.--
    The Secretary shall''.

    Approved December 18, 2020.

    LEGISLATIVE HISTORY--S. 910 (H.R. 2405):
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    HOUSE REPORTS: No. 116-323 (Comm. on Natural Resources) accompanying
    H.R. 2405.
    SENATE REPORTS: No. 116-216 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Sept. 30, considered and passed Senate.
    Nov. 16, considered and passed House, amended.
    Dec. 2, Senate concurred in House amendment.