U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–90 

Calendar No. 161 

NATIONAL SEA GRANT COLLEGE PROGRAM 

AMENDMENTS ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 764 

JULY 23, 2015.—Ordered to be printed 


SSpencer on DSK4SPTVN1PROD with REPORTScongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


SSpencer on DSK4SPTVN1PROD with REPORTS
Calendar No. 161 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–90 

NATIONAL SEA GRANT COLLEGE PROGRAM 

AMENDMENTS ACT OF 2015 

JULY 23, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 764] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 764) 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. 764, is to amend the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) (Sea Grant Act) to reauthorize the National Sea Grant College Program (Sea Grant) 

through 2021 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. 

BACKGROUND AND NEEDS

The Sea Grant Act was first enacted in 1966 and has been 

amended ten 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 also 

works to build partnerships with State, local, and non-governmental (NGO) groups to address coastal and marine issues. For 

more than 40 years, Sea Grant has efficiently leveraged Federal 


SSpencer on DSK4SPTVN1PROD with REPORTS
2 

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 every 

coastal State, major territories, Lake Champlain, and the Great 

Lakes. The network includes over 3,000 scientists at over 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 (2014-2017) includes four focus areas: (1) 

healthy coastal ecosystems; (2) sustainable fisheries and aquaculture; (3) resilient communities and economies; and (4) environmental literacy and workforce development. 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) 2014, with $62.5 

million in appropriations, Sea Grant supported an estimated $450 

million in economic benefit to the Nation, supported the creation or 

retention of 6,500 businesses, supported the creation or retention 

of 17,500 jobs, generated 5 patents, and supported 760 undergraduate and 910 graduate students. For grant purposes under section 205(a) of the Sea Grant Act (33 U.S.C. 1124(a)), 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. 

Strengthening the education mandate and fellowship placement priorities 

Sea Grant has worked to integrate its three program elements – 

research, outreach, and education. However, recent proposals by 

the Obama administration regarding the consolidation of STEM 

education into the National Science Foundation (NSF) have raised 

the possibility that the core education function could be removed 

from Sea Grant, thus changing the fundamental nature of the program. The currently authorized Sea Grant Act includes education 

as one of the primary purposes of Sea Grant (33 U.S.C. 1121(c)) 

and requires Sea Grant to support several fellowships (33 U.S.C. 

1123(b)(3)), but the Dean John A. Knauss Marine Policy Fellowship, as written, is currently optional. For more than 30 years, the 

Dean John A. Knauss Marine Policy Fellowship has been a highly 

successful part of Sea Grant, and has brought over 1,000 fellows 

to Washington, D.C. Each year, ten 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. 

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 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

without a specific mandate. Sea Grant has already taken a leadership role by developing regional research and information plans 

over the past few years. 

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, over the past seven years the 

NSGO has lost one-third of its full–time employees, all four of its 

senior positions, and now has less than half the staff that it had 

in 1991. The SGAB has reviewed the functions and staffing of 

NOAA’s NSGO twice in the last decade (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, and therefore 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 

would provide an additional 0.5 percent in funding for the NSGO 

to ensure adequate program support while also providing robust 

State programs. 

This bill 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 

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 three years, in order to alleviate time 

constraints on the SGAB. 

SUMMARY OF PROVISIONS

The National Sea Grant College Program Amendments Act of 

2015 would reauthorize Sea Grant from 2015 through 2021. The 

bill would also make a number of program adjustments and improvements, including: 

∑ by creating a more equitable placement of Sea Grant Fellows 

in congressional offices; 

∑ by reducing the authorization by over $30 million in FY 2015 

as compared to FY 2014, consistent with appropriations, with 

smaller increases thereafter; 

∑ by including aquaculture as a priority activity; and 

∑ by providing a modest (0.5 percent) increase in funding for the 

NSGO. 

This bill would authorize appropriations of $72 million for 

FY 2015, $75.6 million for FY 2016, $79.38 million for FY 2017, 

$83.35 million for FY 2018, $87.52 million for FY 2019, $91.9 milVerDate Sep 11 2014 03:19 Jul 25, 2015 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR090.XXX SR090

SSpencer on DSK4SPTVN1PROD with REPORTS
4 

lion for FY 2020, and $96.5 million for FY 2021, the same 

amounts authorized in the past for the same program. 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. This bill would 

decrease the authorization levels for Sea Grant by over $30 million 

in FY 2015 compared to FY 2014. 

LEGISLATIVE HISTORY

S. 764 was introduced by Senator Wicker on March 17, 2015. 

Senators Schatz, Sullivan, and Cantwell are cosponsors. On March 

25, 2015, the Committee met in open Executive Session and, by a 

voice vote, ordered S. 764 to be reported favorably with an amendment. The Committee approved an amendment from Senator 

Schatz which would allow Federal direct hire authority for Knauss 

Fellows. A similar bill (S. 2030) was reported out of Committee 

last Congress. 

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: 

S. 764—National Sea Grant College Program Amendments Act of 

2015 

Summary: S. 764 would authorize appropriations totaling $544 

million over the 2016–2021 period for the National Oceanic and Atmospheric Administration (NOAA) to carry out the National Sea 

Grant College Program, which funds scientific research, education, 

and public outreach at certain universities related to marine 

issues. In addition, under the bill the program would provide funds 

for marine policy fellowships. 

Assuming appropriation of the authorized amounts, CBO esti- mates that implementing the legislation would cost $397 million 

over the 2016–2020 period and $147 million after 2020. Because 

enacting the legislation would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 

S. 764 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA), and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 764 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Sea Grant Program: 

Authorization Level .............................................................. 76 79 83 88 92 418 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

Estimated Outlays ............................................................... 49 67 79 85 90 370 

Sea Grant Priority Grants: 

Authorization Level .............................................................. 6 6 6 6 6 30 

Estimated Outlays ............................................................... 4 5 6 6 6 27 

Total Changes: 

Authorization Level ..................................................... 82 85 89 94 98 448 

Estimated Outlays ...................................................... 53 72 85 91 96 397 

Basis of estimate: For this estimate, CBO assumes that S. 764 

will be enacted late in fiscal year 2015, that the authorized 

amounts will be appropriated for each year, and that outlays will 

follow historical spending patterns for similar NOAA activities. 

S. 764 would amend and reauthorize the National Sea Grant College Program Act. The bill would authorize appropriations totaling 

$514 million over the 2016–2021 period to fund activities at a network of 33 Sea Grant programs located at universities in every 

coastal and Great Lakes state, Vermont, Puerto Rico, and Guam. 

Those funds also would be used to provide fellowships that support 

the placement of graduate students studying ocean, coastal, and 

Great Lakes resources within the executive and legislative 

branches of the federal government. In 2015, NOAA received appropriations totaling $67 million to carry out similar activities. Assuming appropriation of the authorized amounts, CBO estimates 

that implementing those provisions would cost $370 million over 

the 2016–2020 period and $144 million after 2020. 

The bill also would authorize the appropriation of $6 million a 

year to fund competitive grants that would fund high-priority research activities at universities. Those activities would include preventing and controlling nonnative aquatic species, developing sustainable aquaculture techniques, and preventing and forecasting 

harmful algal blooms. Assuming appropriation of the authorized 

amounts, CBO estimates that implementing these provisions would 

cost $27 million over the 2016–2020 period and $3 million after 

2020. 

Pay-As-You-Go considerations: None. 

Intergovernmental and private-sector impact: S. 764 contains no 

intergovernmental or private-sector mandates as defined in UMRA, 

and would impose no costs on state, local, or tribal governments. 

The bill would benefit public universities by reauthorizing the National Sea Grant College Program, which provides grants to improve marine resource conservation, management, and utilization. 

Any costs incurred by state, local, or tribal governments, including 

matching funds, would result from complying with a voluntary federal program. 

Estimate prepared by: Federal costs: Jeff LaFave; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Assistant Director for 

Budget Analysis. 


SSpencer on DSK4SPTVN1PROD with REPORTS
6 

REGULATORY IMPACT

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. 764, 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 this legislation is not expected to have any significant adverse impacts on the Nation’s economy. 

PRIVACY

The bill would not impact the personal privacy of individuals. 

PAPERWORK

This bill would add a new reporting requirement, mandating that 

Sea Grant, in consultation with the SGAB and the SGA, report to 

Congress within 180 days of the date of enactment of this Act their 

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 regarding ‘‘The State of Sea Grant,’’ from a 

biennial submission to once every three 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 the short title of the bill, National Sea 

Grant College Program Amendments Act of 2015. 

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 (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 inVerDate Sep 11 2014 03:19 Jul 25, 2015 Jkt 049010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR090.XXX SR090

SSpencer on DSK4SPTVN1PROD with REPORTS
7 

terest in ocean, coastal, or Great Lake resources. It also would require the Secretary, to the maximum degree practicable, 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 to resolve these concerns administratively, but at this 

point believes legislative change is required. The Committee urges 

the NSGO to implement these changes as swiftly as possible, and 

no later than 30 days after the date of enactment of this Act. 

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. 

Section 5. Repeal of requirement for Report on Coordination of 

Oceans and Coastal Research Activities. 

This section would remove a required report to Congress on the 

coordination of activities between Sea Grant and the NSF in response to a decade-old proposal to incorporate Sea Grant into the 

NSF. However, this proposal is no longer being considered, and 

therefore this report is not necessary. 

Section 6. Reduction in frequency required for National Sea Grant 

Advisory Board Report. 

This section would require a report to Congress from the SGAB 

regarding ‘‘The State of Sea Grant’’ every three years, rather than 

biennially, to allow more time for report recommendations to be 

acted upon. 

Section 7. Modification of elements of National Sea Grant College 

Program. 

This section would codify existing findings and clarifies that Sea 

Grant is authorized to provide financial assistance for research, 

education, extension, training, technology transfer, and public service. 

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 Dean 

John A. Knauss Marine Policy Fellowship within the last two 

years. 

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 Sea Grant Act, at $72 million 

for FY 2015, $75.6 million for FY 2016, $79.38 million for 

FY 2017, and $83.35 million for FY 2018, $87.52 million for 


SSpencer on DSK4SPTVN1PROD with REPORTS
8 

FY 2019, $91.9 million for FY 2020, and $96.5 million for 

FY 2021. 

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 bill would decrease the 

authorization levels for Sea Grant by over $30 million dollars in 

FY 2015 compared to FY 2014. 

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 (42 U.S.C. 

4701 et seq.). The cost of the Intergovernmental Personnel Act 

detailees would not count towards the NSGO administrative spending cap, but rather would be paid for by the home office of the detail. This increase in administrative cap and authority for the use 

of detailees would balance the needs of the NSGO and the goal of 

retaining Sea Grant’s focus on its State-based programs. 

Section 10. 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 

[33 U.S.C. 1121 et seq.] 

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. 

[33 U.S.C. 1123] 

(a) PROGRAM MAINTENANCE.—The Secretary shall maintain within the Administration a program to be known as the national sea 

grant college program. The national sea grant college program 

shall be administered by a national sea grant office within the Administration. 

(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) sea grant programs that comprise a national sea grant 

college program network, including international projects conducted within such programs and regional and national 

projects conducted among such programs; 


SSpencer on DSK4SPTVN1PROD with REPORTS
9 

(2) administration of the national sea grant college program 

and this title by the national sea grant office and the Administration; 

(3) the fellowship program under section 208; and 

(4) any regional or national strategic investments in fields 

relating to ocean, coastal, and Great Lakes resources developed 

in consultation with the Board and with the approval of the 

sea grant colleges and the sea grant institutes. 

(c) RESPONSIBILITIES OF THE SECRETARY.— 

(1) The Secretary, in consultation with the Board, sea grant 

colleges, and sea grant institutes, shall develop at least every 

4 years a strategic plan that establishes priorities for the national sea grant college program, provides an appropriately 

balanced response to local, regional, and national needs, and is 

reflective of integration with the relevant portions of the strategic plans of the Department of Commerce and of the Administration. 

(2) The Secretary, in consultation with the Board, sea grant 

colleges, and sea grant institutes, shall establish guidelines related to the activities and responsibilities of sea grant colleges 

and sea grant institutes. Such guidelines shall include requirements for the conduct of merit review by the sea grant colleges 

and sea grant institutes of proposals for grants and contracts 

to be awarded under section 205, providing, at a minimum, for 

standardized documentation of such proposals and peer review 

of all research projects. 

(3) The Secretary shall by regulation prescribe the qualifications required for designation of sea grant colleges and sea 

grant institutes under section 207. 

(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; 

ø(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 


SSpencer on DSK4SPTVN1PROD with REPORTS
10 

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) The Secretary shall appoint, as the Director of the National Sea Grant College Program, a qualified individual who 

has appropriate administrative experience and knowledge or 

expertise in fields related to ocean, coastal, and Great Lakes 

resources. The Director shall be appointed and compensated, 

without regard to the provisions of title 5, United States Code, 

governing appointments in the competitive service, at a rate 

payable under section 5376 of title 5, United States Code. 

(2) Subject to the supervision of the Secretary, the Director 

shall administer the national sea grant college program and 

oversee the operation of the national sea grant office. In addition to any other duty prescribed by law or assigned by the 

Secretary, the Director shall— 

(A) facilitate and coordinate the development of a strategic plan under subsection (c)(1); 

(B) advise the Secretary with respect to the expertise 

and capabilities which are available within or through the 

national sea grant college program and encourage the use 

of such expertise and capabilities, on a cooperative or other 

basis, by other offices and activities within the Administration, and other Federal departments and agencies; 

(C) advise the Secretary on the designation of sea grant 

colleges and sea grant institutes, and, if appropriate, on 

the termination or suspension of any such designation; and 

(D) encourage the establishment and growth of sea grant 

programs, and cooperation and coordination with other 

Federal activities in fields related to ocean, coastal, and 

Great Lakes resources. 

(3) øWith 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 

øfunding 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; 


SSpencer on DSK4SPTVN1PROD with REPORTS
11 

1The amendments made to subsection (b) would apply with respect to the first calendar year 

beginning after the date of enactment of the Act. 

(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 

(C) ensure compliance with the guidelines for merit review under subsection (c)(2). 

SEC. 208. FELLOWSHIPS. 

[33 U.S.C. 1127] 

(a) IN GENERAL.—To carry out the educational and training objectives of this Act, the Secretary shall support a program of fellowships for qualified individuals at the graduate and postgraduate 

level. The fellowships shall be related to ocean, coastal, and Great 

Lakes resources and awarded pursuant to guidelines established by 

the Secretary. The Secretary shall strive to ensure equal access for 

minority and economically disadvantaged students to the program 

carried out under this subsection. 

(b) DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.—øThe 

Secretary¿(3) 

(1) IN GENERAL.—The Secretary ømay¿ 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. øA 

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, to the maximum degree practicable, 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.1

(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 


SSpencer on DSK4SPTVN1PROD with REPORTS
12 

this section, shall be used only for award of such fellowships and 

administrative costs of implementing this section. 

SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. 

[33 U.S.C. 1128] 

* * * * * * * 

(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) øBIENNIAL¿ PERIODIC REPORT.—øThe Board shall report 

to the Congress every two years¿ Not less frequently than once 

every 3 years, the Board shall submit to Congress a report on 

the state of the national sea grant college program. 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). øThe Secretary shall¿ 

(3) AVAILABILITY OF RESOURCES OF DEPARTMENT OF COM- MERCE.—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. 

* * * * * * * 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

[33 U.S.C. 1131] 

(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; øand¿ 

(F) $ 91,900,000 for fiscal year 2014ø.¿; 

(G) $72,000,000 for fiscal year 2015; 

(H) $75,600,000 for fiscal year 2016; 

(I) $79,380,000 for fiscal year 2017; 

(J) $83,350,000 for fiscal year 2018; 

(K) $87,520,000 for fiscal year 2019; 

(L) $91,900,000 for fiscal year 2020; and 

(M) $96,500,000 for fiscal year 2021. 

(2) PRIORITY ACTIVITIES FOR FISCAL YEARS 2009 THROUGH

2014.—In addition to the amounts authorized under paragraph 

(1), there are authorized to be appropriated for each of fiscal 

years 2009 through 2014— 


SSpencer on DSK4SPTVN1PROD with REPORTS
13 

(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. 

(3) PRIORITY ACTIVITIES FOR FISCAL YEARS 2015 THROUGH

2020.—In addition to the amounts authorized under paragraph 

(1), there is authorized to be appropriated $6,000,000 for each 

of fiscal years 2015 through 2020 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 

U.S. working waterfronts and other regional or national 

priority issues identified in the strategic plan under section 

204(c)(1). 

(E) University research on sustainable aquaculture techniques and technologies. 

(F) Fishery extension activities conducted by sea grant 

colleges or sea grant institutes to enhance, and not supplant, existing core program funding. 

(b) LIMITATIONS.— ø(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— 

ø(A) the amount authorized to be appropriated under 

this title for the fiscal year; or 

ø(B) the amount appropriated under this title for the fiscal year.¿ 

(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, to meet any critical staffing requirement 

while carrying out the activities authorized in this title. 


SSpencer on DSK4SPTVN1PROD with REPORTS
14 

(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. 

(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. 

ø(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: 

ø(1) sea grant programs, according to their performance assessments; 

ø(2) regional or national strategic investments authorized 

under section 204(b)(4); 

ø(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 

ø(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).¿ 

ø(d)¿(c) AVAILABILITY OF SUMS.—Sums appropriated pursuant to 

this section shall remain available until expended. 

ø(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. 

NATIONAL SEA GRANT COLLEGE PROGRAM ACT 

AMENDMENTS OF 2002 

[116 Stat. 2345] 

øSEC. 9. REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH ACTIVITIES. 

[33 U.S.C. 857-20] 

øNot 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 


SSpencer on DSK4SPTVN1PROD with REPORTS
15 

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.¿ 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS