National Sea Grant College Program Amendments Act of 2020
PL 116-221 (S.910), enacted 12/18/2020

[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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