[116th Congress Public Law 221]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 1057]]
Public Law 116-221
116th Congress
An Act
To reauthorize and amend the National Sea Grant College Program Act, and
for other purposes. <<NOTE: Dec. 18, 2020 - [S. 910]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Sea
Grant College Program Amendments Act of 2020.>>
SECTION 1. <<NOTE: 33 USC 1121 note.>> 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 134 STAT. 1058]]
``(3) Duration.--A fellowship''.
(c) <<NOTE: 33 USC 1127 note.>> 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) <<NOTE: 33 USC 1123 note.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 33 USC 1123 note.>> 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) <<NOTE: Notification.>> by striking the first sentence
and inserting the following: ``The Board shall report to
Congress at least once every
[[Page 134 STAT. 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) <<NOTE: Deadline.>> 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 <<NOTE: Evaluation.>> 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. <<NOTE: 33 USC 1127 note.>> 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) <<NOTE: Applicability.>> 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 134 STAT. 1060]]
(c) <<NOTE: Deadline.>> 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 134 STAT. 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 134 STAT. 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.
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