[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 910 Enrolled Bill (ENR)]
S.910
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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,

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This Act may be cited as the ``National Sea Grant College Program
Amendments Act of 2020''.

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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.).

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

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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).

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

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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''.

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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''.

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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.
(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).

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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.
``(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.

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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.

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

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National Sea Grant College Program Amendments Act of 2020 — S. 910

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