[Congressional Record Volume 166, Number 194 (Monday, November 16, 2020)]
[House]
[Pages H5741-H5744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2020
Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 910) to reauthorize and amend the National Sea Grant College
Program Act, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 910
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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:
[[Page H5742]]
``(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.
``(3) Duration.--A fellowship''.
(c) 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) 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) 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) 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) 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) by striking the first sentence and inserting the
following: ``The Board shall report to Congress at least once
every 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) 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 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. 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) 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.
(c) 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.
``(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
[[Page H5743]]
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:
``(3) Availability of resources of department of
commerce.--The Secretary shall''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Huffman) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am a proud supporter of the Sea Grant College Program.
In fact, I am the lead author of H.R. 2405 to reauthorize Sea Grant in
the House. Today, I am proud of the bipartisanship this bill has
garnered, and I am happy to stand in support of S. 910, the National
Sea Grant College Program Amendments Act championed by the chair of the
Senate Commerce Committee, Senator Wicker. The Senate passed this bill
by unanimous consent in September. The Senate overwhelmingly supports
this bill on both sides of the aisle.
The House passed my legislation as part of the Coastal and Great
Lakes Communities Enhancement Act back in December 2019, again, a great
piece of legislation that for some reason didn't include the Great Salt
Lake, but we can keep working on that. My hope is that we, once again,
vote in support of this legislation today. This is an exciting day, as
we have never been this close to getting the Sea Grant College Program
reauthorized.
The Sea Grant College Program supports our oceans, coasts, and Great
Lakes through grants and contracts with 33 State-level programs. These
programs support research, education, and advisory services that are
crucial for our coastal communities. Sea Grant is incredibly efficient,
too. For every Federal dollar appropriated, Sea Grant leverages nearly
$3 from partnerships among State universities, State and local
governments, and coastal communities and businesses.
In 2017 alone, after being appropriated $63 million, it is estimated
that Sea Grant Programs helped regenerate $579 million in economic
impacts, created or supported 12,500 jobs, assisted 462 communities to
improve their resilience, restored or protected over 700,000 acres of
coastal ecosystems, worked with 1,300 industry and private sector,
local, State, and regional partners and supported the education and
training of over 1,800 undergraduate and graduate students.
In addition to reauthorizing and updating the Sea Grant College
Program, this bill also makes important updates to the program's Knauss
Marine Policy Fellowship, which fosters our next generation of ocean
and coastal policy managers.
The legislation also identifies Sea Grant spending priorities for the
next 5 years, which include aquatic invasive species, oyster disease
and restoration, harmful algal blooms, coastal resilience, sustainable
aquaculture, and fishery research and extension.
My colleague on the other side of the aisle will likely have one main
complaint about Sea Grant, and that is the decades-old fellowship
program. Somehow I think my colleague across the aisle may believe the
fellowship is a handout to Democratic offices. The truth is that Sea
Grant, which has been around since 1979, focuses on training the next
generation of ocean scientists and policy makers, and fellows end up in
the offices where they can best prepare for future careers in marine
science and policy. Sea Grant fellows have gone on to prominent
positions in both Democratic and Republican administrations. In fact,
the Trump administration's former Chief of Staff at NOAA is a
fellowship alumni.
Further, this legislation will actually help level the playing field
for Republican and Democratic offices vying for fellows by directing
that NOAA ensure equitable distribution among political parties.
{time} 1645
I would hope that my colleagues on the Committee on Natural Resources
would take a step back and listen to the many Republicans representing
coastal areas who strongly support this legislation. I thank Senator
Wicker and all the cosponsors of my bill in the House for their support
and their work on this important legislation.
Mr. Speaker, I urge my colleagues to support this program and vote in
favor of the bill, and I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Puerto Rico (Miss Gonzalez-Colon) on this particular bill.
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I thank Ranking
Member Bishop.
Mr. Speaker, I express my support for S. 910 to reauthorize the
National Sea Grant College Program, which is a network of 34
university-based programs that support coastal States and territories,
as well.
In 2019, the Sea Grant program generated over $400 million in
economic benefits and supported more than 10,000 jobs. In my district,
the program, based at the University of Puerto Rico, has produced vital
research to address erosion, has developed strategies for the
sustainable use of fisheries, and has contributed to the island's
tourism-based economy through its coral reef restoration efforts.
Puerto Rico's Sea Grant is also a critical source of funding for
research projects that provide data for the development of sound
management plans for our marine resources.
Mr. Speaker, I believe it is crucial that we reauthorize and support
the Sea Grant program, and I urge my colleagues to vote in favor of it.
Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield 2 minutes to the gentleman
from New York (Mr. Zeldin).
Mr. ZELDIN. Mr. Speaker, I rise today in support of S. 910, the
National Sea Grant College Program Amendments Act of 2020, which would
authorize roughly $513 million over 5 years for NOAA's National Sea
Grant College Program.
Mr. Speaker, representing a district almost completely surrounded by
water in New York's First Congressional District, Sea Grant has worked
to support our local fishermen and oyster growers, protect our beaches,
and support marine science research that is essential for our local
economy and environment.
Leading some of the largest bipartisan coalitions of lawmakers to
ever support Sea Grant, with my Democratic colleague, Congressman Joe
Courtney from Connecticut, we have helped secure critical funding over
the years for Sea Grant through the appropriations process.
With imported seafood making up the vast majority of American's
seafood consumption, this critical program will help strengthen local
seafood businesses on Long Island and across the country.
Mr. Speaker, I urge my colleagues to support this important
bipartisan legislation.
Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume, as now we come to some of the
[[Page H5744]]
realities of this particular bill and the procedures.
Mr. Speaker, it would be nice if we actually dealt with the good of
the body and recognize that reauthorizations are important so that we
can reevaluate what kinds of programs actually exist and if they are
still necessary. We don't do a very good job in Congress of doing that.
We allow reauthorizations to lapse, and then we simply go on automatic
pilot, unfortunately.
This is the situation with this particular program because the Sea
Grant College Program expired in 2014 and has never been reauthorized
by Congress since that time. The appropriators still put money into it,
even though they are not supposed to do it. But once again, when we, as
a Congress, fail to do the reauthorization investigation and hearings
and prioritize, then we make major mistakes in what we are attempting
to do. We certainly don't have the priorities that we should when these
programs were originally started to make sure that they are doing what
we originally intended them to do, or if, indeed, there needs to be a
change, like including the Great Salt Lake in many of its provisions so
that you actually do something positive for the rest of the world.
Mr. Speaker, Congress in the last year, fiscal year 2019, even though
this was not an authorized program, still spent $72 million to do that,
even though it was eliminated from the administration's budget. The
House in this fiscal year appropriated in the 2020 bill only $71
million for this program.
There is, of course, a glitch in that appropriation, which simply
means that unlike other Senate bills that are coming here to the floor,
this one will not go directly to the President's desk. It has to go
back to the Senate for some kind of a revote and reanalysis with it.
But this is not simply a reauthorization of a program. This is a
reauthorization that changes things, including of which is a much
higher amount with that program.
So, beginning with this bill, this would change it not only from $70
million; it would take it to the $87.5 million for fiscal year 2020 and
add a generous 5 percent increase to each year through 2024. In
addition, it funds an additional $30 million for six specific research
and extension activities.
Now, once again, whether those are justifiable or not--it would be
nice--that should be part of the discussion in a reauthorization
program before you actually come up with these kinds of numbers that go
into that. The increases won't necessarily result in more Sea Grant
marine research or outreach because it also increases the percentage of
funds that can be used by program administration.
Now, the CBO score of this bill is at $513 million. A half-billion
dollars for any program is simply a big deal if it is not considered in
the context of the other priorities that this government should have,
and that is one of the programs and processes that should be done.
So, this bill, like its House companion bill, goes beyond simple
reauthorization. It adds new priorities. It adds new programs that
benefit certain offices more than others. I am not just going to
contend that this has a disproportionate influence on certain bodies,
but let's just say this provides for free office work, fellows that are
placed in offices year after year.
In the latest list of congressional placements and their
opportunities, out of 29 total spots in both the House and the Senate,
only five were put in Republican offices. Maybe there is a reason for
that. Maybe there is simply a process that we are not looking at in the
reauthorization and the way this program is managed, which, once again,
should be considered before you go through the reauthorization approach
to it.
The problem is that some of these positions now go in there, and it
should not be that Congress provides itself its own free staff, but
that is exactly what this is attempting to do. Those free staffs are
involved in drafting legislation that benefits the Sea Grant program,
which is, of course, a built-in conflict of interest.
With those other conflicts of interests, there is another advantage
that has now been built-in for these fellows that I don't think is
appropriate and something we should actually think about properly
before we even go forward with that and decide if these kinds of
programs need to be done at taxpayer expense. The Sea Grant bill also
gives preferential access to Federal jobs. This bill allows the direct
hire of fellows by any Federal agency, regardless of if there are
better qualified candidates.
So, fellows already receive a unique educational professional
experience that provides advancement in opportunities that others in
the same field may not have. Yet, they are now being asked to reduce
the competition to get a job in the Federal workforce to help a select
few in this program.
I am sorry, that is a process that is simply not in the best interest
of good government. It is that process that needs to be revisited, that
should be revisited.
Actually, this also eliminates some of the transparency. Right now,
this program needs to report to Congress on a yearly basis. By this
bill, the advisory board will have to report every other year to
Congress.
I understand that the Sea Grant program is popular among some States,
especially coastal States. Even as a representative from an inland
State, I have to applaud the efforts for research and outreach that are
conducted by Sea Grant universities and institutions, and I also don't
object to fellows at all who are placed in the executive branch. But I
have grave concerns regarding the politicized nature of this program,
the fellowship program. I have problems with the direct-hire incentives
and authorities that are given in this particular program, also,
without actually having some rationale for it, just the mandatory
increase in spending that goes along with this type of program.
Therefore, I cannot vote for this particular piece of legislation.
Obviously, for me, I will vote ``no'' and urge the rejection of this.
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, if the gentleman has no other
speakers, I yield back the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am grateful for the broad bipartisan support for this
bill and its House companion bill, and I urge an ``aye'' vote.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Huffman) that the House suspend the
rules and pass the bill, S. 910, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________