115TH CONGRESS 

1ST SESSION S. 129 

AN ACT 

To reauthorize and amend the National Sea Grant College 

Program Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 129 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Sea Grant 

3 College Program Amendments Act of 2017’’. 

4 SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COL5 LEGE PROGRAM ACT. 

6 Except as otherwise expressly provided, wherever in 

7 this Act an amendment or repeal is expressed in terms 

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a 

10 section or other provision of the National Sea Grant Col11 lege Program Act (33 U.S.C. 1121 et seq.). 

12 SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE 

13 POLICY FELLOWSHIP. 

14 (a) IN GENERAL.—Section 208(b) (33 U.S.C. 

15 1127(b)) is amended by striking ‘‘may’’ and inserting 

16 ‘‘shall’’. 

17 (b) PLACEMENTS IN CONGRESS.—Such section is 

18 further amended— 

19 (1) in the first sentence, by striking ‘‘The Sec20 retary’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; and 

22 (2) in paragraph (1), as designated by para23 graph (1), in the second sentence, by striking ‘‘A fel24 lowship’’ and inserting the following: 

25 ‘‘(2) PLACEMENT PRIORITIES.— 
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1 ‘‘(A) IN GENERAL.—In each year in which 

2 the Secretary awards a legislative fellowship 

3 under this subsection, when considering the 

4 placement of fellows, the Secretary shall 

5 prioritize placement of fellows in the following: 

6 ‘‘(i) Positions in offices of, or with 

7 Members on, committees of Congress that 

8 have jurisdiction over the National Oceanic 

9 and Atmospheric Administration. 

10 ‘‘(ii) Positions in offices of Members 

11 of Congress that have a demonstrated in12 terest in ocean, coastal, or Great Lakes re13 sources. 

14 ‘‘(B) EQUITABLE DISTRIBUTION.—In plac15 ing fellows in offices described in subparagraph 

16 (A), the Secretary shall ensure that placements 

17 are equitably distributed among the political 

18 parties. 

19 ‘‘(3) DURATION.—A fellowship’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 subsection (b) shall apply with respect to the first calendar 

22 year beginning after the date of the enactment of this Act. 

23 (d) SENSE OF CONGRESS CONCERNING FEDERAL

24 HIRING OF FORMER FELLOWS.—It is the sense of Con25 gress that in recognition of the competitive nature of the 
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1 fellowship under section 208(b) of the National Sea Grant 

2 College Program Act (33 U.S.C. 1127(b)), and of the ex3 ceptional qualifications of fellowship awardees, the Sec4 retary of Commerce, acting through the Under Secretary 

5 of Commerce for Oceans and Atmosphere, should encour6 age participating Federal agencies to consider opportuni7 ties for fellowship awardees at the conclusion of their fel8 lowships for workforce positions appropriate for their edu9 cation and experience. 

10 SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF 

11 COMMERCE TO ACCEPT DONATIONS FOR NA12 TIONAL SEA GRANT COLLEGE PROGRAM. 

13 (a) IN GENERAL.—Section 204(c)(4)(E) (33 U.S.C. 

14 1123(c)(4)(E)) is amended to read as follows: 

15 ‘‘(E) accept donations of money and, not16 withstanding section 1342 of title 31, United 

17 States Code, of voluntary and uncompensated 

18 services;’’. 

19 (b) PRIORITIES.—The Secretary of Commerce, acting 

20 through the Under Secretary of Commerce for Oceans and 

21 Atmosphere, shall establish priorities for the use of dona22 tions accepted under section 204(c)(4)(E) of the National 

23 Sea Grant College Program Act (33 U.S.C. 

24 1123(c)(4)(E)), and shall consider among those priorities 

25 the possibility of expanding the Dean John A. Knauss Ma-
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1 rine Policy Fellowship’s placement of additional fellows in 

2 relevant legislative offices under section 208(b) of that Act 

3 (33 U.S.C. 1127(b)), in accordance with the recommenda4 tions under subsection (c) of this section. 

5 (c) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Director of the National 

7 Sea Grant College Program, in consultation with the Na8 tional Sea Grant Advisory Board and the Sea Grant Asso9 ciation, shall— 

10 (1) develop recommendations for the optimal 

11 use of any donations accepted under section 

12 204(c)(4)(E) of the National Sea Grant College Pro13 gram Act (33 U.S.C. 1123(c)(4)(E)); and 

14 (2) submit to Congress a report on the rec15 ommendations developed under paragraph (1). 

16 (d) CONSTRUCTION.—Nothing in this section shall be 

17 construed to limit or otherwise affect any other amounts 

18 available for marine policy fellowships under section 

19 208(b) of the National Sea Grant College Program Act 

20 (33 U.S.C. 1127(b)), including amounts— 

21 (1) accepted under section 204(c)(4)(F) of that 

22 Act (33 U.S.C. 1123(c)(4)(F)); or 

23 (2) appropriated pursuant to the authorization 

24 of appropriations under section 212 of that Act (33 

25 U.S.C. 1131). 
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1 SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NA2 TIONAL SEA GRANT ADVISORY BOARD RE3 PORT. 

4 Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amend5 ed— 

6 (1) in the heading, by striking ‘‘BIENNIAL’’ and 

7 inserting ‘‘PERIODIC’’; 

8 (2) by striking the first sentence and inserting 

9 the following: ‘‘The Board shall report to Congress 

10 at least once every four years on the state of the na11 tional sea grant college program and shall notify 

12 Congress of any significant changes to the state of 

13 the program not later than two years after the sub14 mission of such a report.’’; and 

15 (3) in the second sentence, by adding before the 

16 end period the following: ‘‘and provide a summary of 

17 research conducted under the program’’. 

18 SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA 

19 GRANT COLLEGE PROGRAM. 

20 Section 204(b) (33 U.S.C. 1123(b)) is amended, in 

21 the matter preceding paragraph (1), by inserting ‘‘for re22 search, education, extension, training, technology transfer, 

23 and public service’’ after ‘‘financial assistance’’. 

24 SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COL25 LEGES AND SEA GRANT INSTITUTES. 

26 Section 207(b) (33 U.S.C. 1126(b)) is amended— 
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1 (1) in the subsection heading, by striking ‘‘EX2 ISTING DESIGNEES’’ and inserting ‘‘ADDITIONAL

3 DESIGNATIONS’’; and 

4 (2) by striking ‘‘Any institution’’ and inserting 

5 the following: 

6 ‘‘(1) NOTIFICATION TO CONGRESS OF DESIGNA7 TIONS.— 

8 ‘‘(A) IN GENERAL.—Not less than 30 days 

9 before designating an institution, or an associa10 tion or alliance of two or more such institu11 tions, as a sea grant college or sea grant insti12 tute under subsection (a), the Secretary shall 

13 notify Congress in writing of the proposed des14 ignation. The notification shall include an eval15 uation and justification for the designation. 

16 ‘‘(B) EFFECT OF JOINT RESOLUTION OF

17 DISAPPROVAL.—The Secretary may not des18 ignate an institution, or an association or alli19 ance of two or more such institutions, as a sea 

20 grant college or sea grant institute under sub21 section (a) if, before the end of the 30-day pe22 riod described in subparagraph (A), a joint res23 olution disapproving the designation is enacted. 

24 ‘‘(2) EXISTING DESIGNEES.—Any institution’’. 
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1 SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS 

2 MARINE POLICY FELLOWSHIP. 

3 (a) IN GENERAL.—During fiscal year 2017 and any 

4 fiscal year thereafter, the head of any Federal agency may 

5 appoint, without regard to the provisions of subchapter I 

6 of chapter 33 of title 5, United States Code, other than 

7 sections 3303 and 3328 of that title, a qualified candidate 

8 described in subsection (b) directly to a position with the 

9 Federal agency for which the candidate meets Office of 

10 Personnel Management qualification standards. 

11 (b) DEAN JOHN A. KNAUSS MARINE POLICY FEL12 LOWSHIP.—Subsection (a) applies with respect to a 

13 former recipient of a Dean John A. Knauss Marine Policy 

14 Fellowship under section 208(b) of the National Sea 

15 Grant College Program Act (33 U.S.C. 1127(b)) who— 

16 (1) earned a graduate or post-graduate degree 

17 in a field related to ocean, coastal, and Great Lakes 

18 resources or policy from an accredited institution of 

19 higher education; and 

20 (2) successfully fulfilled the requirements of the 

21 fellowship within the executive or legislative branch 

22 of the United States Government. 

23 (c) LIMITATION.—The direct hire authority under 

24 this section shall be exercised with respect to a specific 

25 qualified candidate not later than 2 years after the date 
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1 that the candidate completed the fellowship described in 

2 subsection (b). 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NA4 TIONAL SEA GRANT COLLEGE PROGRAM. 

5 (a) IN GENERAL.—Section 212(a) (33 U.S.C. 

6 1131(a)) is amended— 

7 (1) by amending paragraph (1) to read as fol8 lows: 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary to carry out this 

11 title— 

12 ‘‘(A) $75,600,000 for fiscal year 2017; 

13 ‘‘(B) $79,380,000 for fiscal year 2018; 

14 ‘‘(C) $83,350,000 for fiscal year 2019; 

15 ‘‘(D) $87,520,000 for fiscal year 2020; 

16 ‘‘(E) $91,900,000 for fiscal year 2021; and 

17 ‘‘(F) $96,500,000 for fiscal year 2022.’’; 

18 and 

19 (2) by amending paragraph (2) to read as fol20 lows: 

21 ‘‘(2) PRIORITY ACTIVITIES FOR FISCAL YEARS

22 2017 THROUGH 2022.—In addition to the amounts 

23 authorized to be appropriated under paragraph (1), 

24 there are authorized to be appropriated $6,000,000 
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1 for each of fiscal years 2017 through 2022 for com2 petitive grants for the following: 

3 ‘‘(A) University research on the biology, 

4 prevention, and control of aquatic nonnative 

5 species. 

6 ‘‘(B) University research on oyster dis7 eases, oyster restoration, and oyster-related 

8 human health risks. 

9 ‘‘(C) University research on the biology, 

10 prevention, and forecasting of harmful algal 

11 blooms. 

12 ‘‘(D) University research, education, train13 ing, and extension services and activities fo14 cused on coastal resilience and United States 

15 working waterfronts and other regional or na16 tional priority issues identified in the strategic 

17 plan under section 204(c)(1). 

18 ‘‘(E) University research and extension on 

19 sustainable aquaculture techniques and tech20 nologies. 

21 ‘‘(F) Fishery research and extension activi22 ties conducted by sea grant colleges or sea 

23 grant institutes to enhance, and not supplant, 

24 existing core program funding.’’. 
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1 (b) MODIFICATION OF LIMITATIONS ON AMOUNTS

2 FOR ADMINISTRATION.—Paragraph (1) of section 212(b) 

3 (33 U.S.C. 1131(b)) is amended to read as follows: 

4 ‘‘(1) ADMINISTRATION.— 

5 ‘‘(A) IN GENERAL.—There may not be 

6 used for administration of programs under this 

7 title in a fiscal year more than 5.5 percent of 

8 the lesser of— 

9 ‘‘(i) the amount authorized to be ap10 propriated under this title for the fiscal 

11 year; or 

12 ‘‘(ii) the amount appropriated under 

13 this title for the fiscal year. 

14 ‘‘(B) CRITICAL STAFFING REQUIRE15 MENTS.— 

16 ‘‘(i) IN GENERAL.—The Director shall 

17 use the authority under subchapter VI of 

18 chapter 33 of title 5, United States Code, 

19 and under section 210 of this title, to meet 

20 any critical staffing requirement while car21 rying out the activities authorized under 

22 this title. 

23 ‘‘(ii) EXCEPTION FROM CAP.—For 

24 purposes of subparagraph (A), any costs 

25 incurred as a result of an exercise of au-
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1 thority as described in clause (i) shall not 

2 be considered an amount used for adminis3 tration of programs under this title in a 

4 fiscal year.’’. 

5 (c) ALLOCATION OF FUNDING.— 

6 (1) IN GENERAL.—Section 204(d)(3) (33 

7 U.S.C. 1123(d)(3)) is amended— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘With respect to sea grant col10 leges and sea grant institutes’’ and inserting 

11 ‘‘With respect to sea grant colleges, sea grant 

12 institutes, sea grant programs, and sea grant 

13 projects’’; and 

14 (B) in subparagraph (B), in the matter 

15 preceding clause (i), by striking ‘‘funding 

16 among sea grant colleges and sea grant insti17 tutes’’ and inserting ‘‘funding among sea grant 

18 colleges, sea grant institutes, sea grant pro19 grams, and sea grant projects’’. 

20 (2) REPEAL OF REQUIREMENTS CONCERNING

21 DISTRIBUTION OF EXCESS AMOUNTS.—Section 212 

22 (33 U.S.C. 1131) is amended— 

23 (A) by striking subsection (c); and 

24 (B) by redesignating subsections (d) and 

25 (e) as subsections (c) and (d), respectively. 
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1 SEC. 10. TECHNICAL CORRECTIONS. 

2 The National Sea Grant College Program Act (33 

3 U.S.C. 1121 et seq.) is amended— 

4 (1) in section 204(d)(3)(B) (33 U.S.C. 

5 1123(d)(3)(B)), by moving clause (vi) 2 ems to the 

6 right; and 

7 (2) in section 209(b)(2) (33 U.S.C. 

8 1128(b)(2)), as amended by section 6, in the third 

9 sentence, by striking ‘‘The Secretary shall’’ and in10 serting the following: 

11 ‘‘(3) AVAILABILITY OF RESOURCES OF DEPART12 MENT OF COMMERCE.—The Secretary shall’’. 

Passed the Senate September 14, 2017. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION S. 129 

AN ACT 

To reauthorize and amend the National Sea Grant 

College Program Act, and for other purposes.