II 

115TH CONGRESS 

1ST SESSION S. 129 

To reauthorize and amend the National Sea Grant College Program Act, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 12, 2017 

Mr. WICKER (for himself, Mr. SCHATZ, Ms. CANTWELL, and Mr. SULLIVAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 College Program Amendments Act of 2017’’. 

6 SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COL7 LEGE PROGRAM ACT. 

8 Except as otherwise expressly provided, wherever in 

9 this Act an amendment or repeal is expressed in terms 

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1 sion, the reference shall be considered to be made to a 

2 section or other provision of the National Sea Grant Col3 lege Program Act (33 U.S.C. 1121 et seq.). 

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

5 POLICY FELLOWSHIP. 

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

7 1127(b)) is amended by striking ‘‘may’’ and inserting 

8 ‘‘shall’’. 

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

10 further amended— 

11 (1) in the first sentence, by striking ‘‘The Sec12 retary’’ and inserting the following: 

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

14 (2) in paragraph (1), as designated by para15 graph (1), in the second sentence, by striking ‘‘A fel16 lowship’’ and inserting the following: 

17 ‘‘(2) PLACEMENT PRIORITIES.— 

18 ‘‘(A) IN GENERAL.—In each year in which 

19 the Secretary awards a legislative fellowship 

20 under this subsection, when considering the 

21 placement of fellows, the Secretary shall 

22 prioritize placement of fellows in the following: 

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

24 Members on, committees of Congress that 


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1 have jurisdiction over the National Oceanic 

2 and Atmospheric Administration. 

3 ‘‘(ii) Positions in offices of Members 

4 of Congress that have a demonstrated in5 terest in ocean, coastal, or Great Lakes re6 sources. 

7 ‘‘(B) EQUITABLE DISTRIBUTION.—In plac8 ing fellows in offices described in subparagraph 

9 (A), the Secretary shall ensure that placements 

10 are equitably distributed among the political 

11 parties. 

12 ‘‘(3) DURATION.—A fellowship’’. 

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

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

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

16 (d) SENSE OF CONGRESS CONCERNING FEDERAL

17 HIRING OF FORMER FELLOWS.—It is the sense of Con18 gress that in recognition of the competitive nature of the 

19 fellowship under section 208(b) of the National Sea Grant 

20 College Program Act (33 U.S.C. 1127(b)), and of the ex21 ceptional qualifications of fellowship awardees, the Sec22 retary of Commerce, acting through the Under Secretary 

23 of Commerce for Oceans and Atmosphere, should encour24 age participating Federal agencies to consider opportuni25 ties for fellowship awardees at the conclusion of their felVerDate Sep 11 2014 23:10 Jan 25, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S129.IS S129

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1 lowships for workforce positions appropriate for their edu2 cation and experience. 

3 SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF 

4 COMMERCE TO ACCEPT DONATIONS FOR NA5 TIONAL SEA GRANT COLLEGE PROGRAM. 

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

7 1123(c)(4)(E)) is amended to read as follows: 

8 ‘‘(E) accept donations of money and, not9 withstanding section 1342 of title 31, United 

10 States Code, of voluntary and uncompensated 

11 services;’’. 

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

13 through the Under Secretary of Commerce for Oceans and 

14 Atmosphere, shall establish priorities for the use of dona15 tions accepted under section 204(c)(4)(E) of the National 

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

17 1123(c)(4)(E)), and shall consider among those priorities 

18 the possibility of expanding the Dean John A. Knauss Ma19 rine Policy Fellowship’s placement of additional fellows in 

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

21 (33 U.S.C. 1127(b)), in accordance with the recommenda22 tions under subsection (c) of this section. 

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

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

25 Sea Grant College Program, in consultation with the NaVerDate Sep 11 2014 23:10 Jan 25, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S129.IS S129

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1 tional Sea Grant Advisory Board and the Sea Grant Asso2 ciation, shall— 

3 (1) develop recommendations for the optimal 

4 use of any donations accepted under section 

5 204(c)(4)(E) of the National Sea Grant College Pro6 gram Act (33 U.S.C. 1123(c)(4)(E)); and 

7 (2) submit to Congress a report on the rec8 ommendations developed under paragraph (1). 

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

10 construed to limit or otherwise affect any other amounts 

11 available for marine policy fellowships under section 

12 208(b) of the National Sea Grant College Program Act 

13 (33 U.S.C. 1127(b)), including amounts— 

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

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

16 (2) appropriated pursuant to the authorization 

17 of appropriations under section 212 of that Act (33 

18 U.S.C. 1131). 

19 SEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON CO20 ORDINATION OF OCEANS AND COASTAL RE21 SEARCH ACTIVITIES. 

22 Section 9 of the National Sea Grant College Program 

23 Act Amendments of 2002 (33 U.S.C. 857–20) is repealed. 


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1 SEC. 6. 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’’; and 

8 (2) in the first sentence, by striking ‘‘The 

9 Board shall report to the Congress every two years’’ 

10 and inserting ‘‘Not less frequently than once every 

11 3 years, the Board shall submit to Congress a re12 port’’. 

13 SEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA 

14 GRANT COLLEGE PROGRAM. 

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

16 the matter preceding paragraph (1), by inserting ‘‘for re17 search, education, extension, training, technology transfer, 

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

19 SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS 

20 MARINE POLICY FELLOWSHIP. 

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

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

23 appoint, without regard to the provisions of subchapter I 

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

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

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


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1 Federal agency for which the candidate meets Office of 

2 Personnel Management qualification standards. 

3 (b) DEAN JOHN A. KNAUSS MARINE POLICY FEL4 LOWSHIP.—Subsection (a) applies with respect to a 

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

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

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

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

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

10 resources or policy from an accredited institution of 

11 higher education; and 

12 (2) successfully fulfilled the requirements of the 

13 fellowship within the executive or legislative branch 

14 of the United States Government. 

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

16 this section shall be exercised with respect to a specific 

17 qualified candidate not later than 2 years after the date 

18 that the candidate completed the fellowship described in 

19 subsection (b). 

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NA21 TIONAL SEA GRANT COLLEGE PROGRAM. 

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

23 1131(a)) is amended— 

24 (1) by amending paragraph (1) to read as fol25 lows: 


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

2 appropriated to the Secretary to carry out this 

3 title— 

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

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

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

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

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

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

10 and 

11 (2) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) PRIORITY ACTIVITIES FOR FISCAL YEARS

14 2017 THROUGH 2022.—In addition to the amounts 

15 authorized to be appropriated under paragraph (1), 

16 there are authorized to be appropriated $6,000,000 

17 for each of fiscal years 2017 through 2022 for com18 petitive grants for the following: 

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

20 prevention, and control of aquatic nonnative 

21 species. 

22 ‘‘(B) University research on oyster dis23 eases, oyster restoration, and oyster-related 

24 human health risks. 


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

2 prevention, and forecasting of harmful algal 

3 blooms. 

4 ‘‘(D) University research, education, train5 ing, and extension services and activities fo6 cused on coastal resilience and United States 

7 working waterfronts and other regional or na8 tional priority issues identified in the strategic 

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

10 ‘‘(E) University research on sustainable 

11 aquaculture techniques and technologies. 

12 ‘‘(F) Fishery extension activities conducted 

13 by sea grant colleges or sea grant institutes to 

14 enhance, and not supplant, existing core pro15 gram funding.’’. 

16 (b) MODIFICATION OF LIMITATIONS ON AMOUNTS

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

18 (33 U.S.C. 1131(b)) is amended to read as follows: 

19 ‘‘(1) ADMINISTRATION.— 

20 ‘‘(A) IN GENERAL.—There may not be 

21 used for administration of programs under this 

22 title in a fiscal year more than 5.5 percent of 

23 the lesser of— 


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1 ‘‘(i) the amount authorized to be ap2 propriated under this title for the fiscal 

3 year; or 

4 ‘‘(ii) the amount appropriated under 

5 this title for the fiscal year. 

6 ‘‘(B) CRITICAL STAFFING REQUIRE7 MENTS.— 

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

9 use the authority under subchapter VI of 

10 chapter 33 of title 5, United States Code, 

11 to meet any critical staffing requirement 

12 while carrying out the activities authorized 

13 under this title. 

14 ‘‘(ii) EXCEPTION FROM CAP.—For 

15 purposes of subparagraph (A), any costs 

16 incurred as a result of an exercise of au17 thority as described in clause (i) shall not 

18 be considered an amount used for adminis19 tration of programs under this title in a 

20 fiscal year.’’. 

21 (c) ALLOCATION OF FUNDING.— 

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

23 U.S.C. 1123(d)(3)) is amended— 

24 (A) in the matter preceding subparagraph 

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1 leges and sea grant institutes’’ and inserting 

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

3 institutes, sea grant programs, and sea grant 

4 projects’’; and 

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

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

7 among sea grant colleges and sea grant insti8 tutes’’ and inserting ‘‘funding among sea grant 

9 colleges, sea grant institutes, sea grant pro10 grams, and sea grant projects’’. 

11 (2) REPEAL OF REQUIREMENTS CONCERNING

12 DISTRIBUTION OF EXCESS AMOUNTS.—Section 212 

13 (33 U.S.C. 1131) is amended— 

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

15 (B) by redesignating subsections (d) and 

16 (e) as subsections (c) and (d), respectively. 

17 SEC. 10. TECHNICAL CORRECTIONS. 

18 The National Sea Grant College Program Act (33 

19 U.S.C. 1121 et seq.) is amended— 

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

21 1123(d)(3)(B)), by moving clause (vi) 2 ems to the 

22 right; and 

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

24 1128(b)(2)), as amended by section 6, in the third 


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1 sentence, by striking ‘‘The Secretary shall’’ and in2 serting the following: 

3 ‘‘(3) AVAILABILITY OF RESOURCES OF DEPART4 MENT OF COMMERCE.—The Secretary shall’’. 

Æ 


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