[Senate Report 114-90]
[From the U.S. Government Publishing Office]
Calendar No. 161
114th Congress } { Report
SENATE
1st Session } { 114-90
_______________________________________________________________________
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 23, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
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
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 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 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
million 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
estimates 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
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.
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 interest 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
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;
(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;
[(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 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) [With 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 [funding 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;
(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.--[The
Secretary](3)
(1) In general.--The Secretary [may] 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.
[A 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\
---------------------------------------------------------------------------
\1\The amendments made to subsection (b) would apply with respect
to the first calendar year beginning after the date of enactment of the
Act.
---------------------------------------------------------------------------
(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 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) [Biennial] Periodic report.--[The 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). [The Secretary shall]
(3) Availability of resources of department of
commerce.--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; [and]
(F) $ 91,900,000 for fiscal year 2014[.];
(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--
(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.--
[(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--
[(A) the amount authorized to be appropriated
under this title for the fiscal year; or
[(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.
(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.
[(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:
[(1) sea grant programs, according to their
performance assessments;
[(2) regional or national strategic investments
authorized under section 204(b)(4);
[(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
[(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).]
[(d)](c) Availability of Sums.--Sums appropriated pursuant to
this section shall remain available until expended.
[(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]
[SEC. 9. REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH
ACTIVITIES.
[33 U.S.C. 857-20]
[Not 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 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.]
[all]