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Title 33 — Navigation and Navigable Waters

Chapter 22 — Sea Grant Colleges and Marine Science Development

§ 1123. National sea grant college program

Statutory text

(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 subchapter, 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 subchapter by the national sea grant office and the Administration;

(3)

the fellowship program under section 1127 of this title; 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 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 1124 of this title, 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 1126 of this title.

(4)

To carry out the provisions of this subchapter, 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;

(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, 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 6101 of title 41;

(E)

accept donations of money and, notwithstanding section 1342 of title 31, 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 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 governing appointments in the competitive service, at a rate payable under section 5376 of title 5.

(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, 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, 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 subchapter, 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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Marine Resources and Engineering Development Act of 1966

    Pub. L. 89–454 title II § 204 · 80 Stat. 203

    Enacted · 33 U.S.C. § 1123

    Pub. L. 89–454, title II, § 204, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 999

    Source evidence

    Code source credit
    Pub. L. 89–454, title II, § 204, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 999

  2. Pub. L. 90–477 § 1(2) · 82 Stat. 704

    Struck · 33 U.S.C. § 1123(d)(1)

    Pub. L. 90–477 struck out “in any fiscal year” after “The total amount of payments” and “by any participants”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 90–477 struck out “in any fiscal year” after “The total amount of payments” and “by any participants”.

    Enacted provision · exact public law section
    (1) Section 203(b) (1) of the Marine Resources and Engineering Development Act of 1966 is amended by inserting immediately after “for the fiscal year ending dime 30, 1968, not to exceed the sum of $15,000,000,” the following: “for the fiscal year ending June 30, 1969, not to exceed the sum of $6,000,000, for the fiscal year ending June 30, 1970, not to exceed the sum of $15,000,000,”.

  3. Pub. L. 93–73 § 1(2) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(a)

    Pub. L. 93–73, § 1(2), (5), deleted item (1) designation for provision respecting consultation with experts and Federal agencies, deleted item (2) provision for seeking advice and counsel from the National Council on Marine Resources and Engineering Development, and substituted “Secretary” for “Foundation”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–73, § 1(2), (5), deleted item (1) designation for provision respecting consultation with experts and Federal agencies, deleted item (2) provision for seeking advice and counsel from the National Council on Marine Resources and Engineering Development, and substituted “Secretary” for “Foundation”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  4. Pub. L. 93–73 § 1(5) · 87 Stat. 170

    1. Substituted · 33 U.S.C. § 1123(b)

      Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”

    2. Substituted · 33 U.S.C. § 1123(b)

      Pub. L. 93–73, § 1(5), substituted “his authority” for “its authority”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his authority” for “its authority”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  5. Pub. L. 93–73 § 1(3) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(d)(1)

    Pub. L. 93–73, § 1(3), (5), authorized Federal contributions exceeding percentage limitation to programs limited to one percent of appropriations for the fiscal year when reducing or eliminating matching payments by a participant when Secretary determines it would be inequitable relevant to the benefits derived by the participant from the program to require the participant to make a one-third payment of the cost, and substituted “Secretary” for “Foundation” in last sentence

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 93–73, § 1(3), (5), authorized Federal contributions exceeding percentage limitation to programs limited to one percent of appropriations for the fiscal year when reducing or eliminating matching payments by a participant when Secretary determines it would be inequitable relevant to the benefits derived by the participant from the program to require the participant to make a one-third payment of the cost, and substituted “Secretary” for “Foundation” in last sentence.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  6. Pub. L. 93–73 § 1(4) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(d)(2)

    Pub. L. 93–73, § 1(4), (5), made prohibitions of paragraph inapplicable to non-self-propelled habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes and substituted “Secretary” for “foundation”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 93–73, § 1(4), (5), made prohibitions of paragraph inapplicable to non-self-propelled habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes and substituted “Secretary” for “foundation”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  7. Pub. L. 93–73 § 1(5) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(d)(3); 33 U.S.C. § 1123(d)(e)

    Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”

    Source evidence

    Code amendment note
    Subsecs. (d)(3), (e). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  8. Pub. L. 93–73 § 1(5) · 87 Stat. 170

    1. Substituted · 33 U.S.C. § 1123(f)

      Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”

    2. Substituted · 33 U.S.C. § 1123(f)

      Pub. L. 93–73, § 1(5), substituted “his functions” for “its functions”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his functions” for “its functions”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  9. Pub. L. 93–73 § 1(6) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(g)

    Pub. L. 93–73, § 1(6), substituted provisions for exercise of powers and authority under this subchapter by the Secretary rather than the Foundation under the powers and authority of the National Science Foundation Act of 1950, as amended

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 93–73, § 1(6), substituted provisions for exercise of powers and authority under this subchapter by the Secretary rather than the Foundation under the powers and authority of the National Science Foundation Act of 1950, as amended.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  10. Pub. L. 93–73 § 1(5) · 87 Stat. 170

    1. Substituted · 33 U.S.C. § 1123(h)

      Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”

    2. Substituted · 33 U.S.C. § 1123(h)

      Pub. L. 93–73, § 1(5), substituted “his functions” for “its functions”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his functions” for “its functions”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  11. Pub. L. 93–73 § 1(7) · 87 Stat. 170

    Inserted · 33 U.S.C. § 1123(i)(3)

    Pub. L. 93–73, § 1(7), inserted “and which is so designated by the Secretary” after “marine resources”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 93–73, § 1(7), inserted “and which is so designated by the Secretary” after “marine resources”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  12. Pub. L. 93–73 § 1(5) · 87 Stat. 170

    Substituted · 33 U.S.C. § 1123(i)(4)(A)(C)

    Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”

    Source evidence

    Code amendment note
    Subsec. (i)(4)(A) to (C). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”.

    Enacted provision · exact public law section
    (1) In section 203 (b) (1), after “the sum of $25,000,000”, delete the word “and”, and insert, after “for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,” the following: “for the fiscal year ending June 30, 1974, not to exceed the sum of $30,000,000, for the fiscal year ending June 30, 1975, not to exceed the sum or $40,000,000, for the fiscal year ending June 30, 1976, not to exceed the sum of $50,000,000,”.

  13. Sea Grant Program Improvement Act of 1976

    Pub. L. 94–461 § 2 · 90 Stat. 1961

    Substituted · 33 U.S.C. § 1123

    Pub. L. 94–461 substituted provisions covering the establishment and administration of the national sea grant program for provisions covering the marine resource development programs

    Source evidence

    Code amendment note
    Pub. L. 94–461 substituted provisions covering the establishment and administration of the national sea grant program for provisions covering the marine resource development programs.

    Enacted provision · exact public law section
    SEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966. Title II of the Marine Resources and Engineering Development Act of 1966 (33 U.S.C. 1101 et seq.) is a mended to read as follows: “TITLE II— NATIONAL SEA GRANT PROGRAM “SEC. 201. SHORT TITLE. “This title may be cited as the ‘National Sea Grant Program Act’. “SEC. 202. DECLARATION OF POLICY. “(a) Findings.— The Congress finds and declares the following: 33 USC 1121. “(1) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, utilization, and conservation of ocean and coastal resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce. “(2) The understanding, assessment, development, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industry, universities, organizations, and individuals concerned with or affected by ocean and coastal resources. “(3) The National Oceanic and Atmospheric Administration, through the national sea grant program, offers the most suitable locus and means for such commitment and involvement through the promotion of activities that will result in greater such understanding, assessment, development, utilization, and conservation. Continued and increased Federal support of the establishment, development, and operation of programs and projects by sea grant colleges, sea grant regional consortia, institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities. “(b) Objective.— The objective of this title is to increase the understanding, assessment, development, utilization, and conservation of the Nation’s ocean and coastal resources by providing assistance to promote a strong educational base, responsive research and training activities, and broad and prompt, dissemination of knowledge and techniques, “(c) Purpose.— It is the purpose of the Congress to achieve the objective of this title by extending and strengthening the national sea grant program, initially established in 1966, to promote research, education, training, and advisory service activities in fields related to ocean and coastal resources. “SEC. 203. DEFINITIONS. 33 USC 1122. “As used in this title— “(1) The term ‘Administration’ means the National Oceanic and Atmospheric Administration. “(2) The term ‘Administrator’ means the Administrator of the National Oceanic and Atmospheric Administration. “(3) The term ‘Director’ means the Director of the national sea grant program, appointed pursuant to section 204(b). “(4) The term ‘field related to ocean and coastal resources’ means any discipline or field (including marine science (and the physical, natural, and biological sciences, and engineering, included therein), marine technology, education, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, utilization, or conservation of ocean and coastal resources. “(5) The term ‘includes’ and variants thereof should be read as if the phrase ‘but is not limited to’ were also set forth. “(6) The term ‘marine environment’ means the coastal zone, as defined in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)); the seabed, subsoil, and waters of the territorial sea of the United States; the waters of any zone over which the United States asserts exclusive fishery management authority; the waters of the high seas; and the seabed and subsoil of and beyond the outer Continental Shelf. “(7) The term ‘ocean and coastal resource’ means any resource (whether living, nonliving, manmade, tangible, intangible, actual, or potential) which is located in, derived from, or traceable to, the marine environment. Such term includes the habitat of any such living resource, the coastal space, the ecosystems, the nutrient rich areas, and the other components of the marine environment which contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish, marine mammals, and wildlife. Nonliving resources include energy sources, minerals, and chemical substances. “(8) The term ‘panel’ means the sea grant review panel established under section 209, “(9) The term ‘person’ means any individual; any public or private, corporation, partnership, or other association or entity (including any sea grant college, sea grant regional consortium, institution of higher education, institute, or laboratory): or any State, political subdivision of a State, or agency or officer thereof. “(10) The term ‘sea grant college’ means any public or private institution of higher education which is designated as such by the Secretary under section 207. “(11) The term ‘sea grant program’ means any program which— “(A) is administered by any sea grant college, sea grant regional consortium, institution of higher education, institute, laboratory, or State or local agency; and “(B) includes two or more projects involving one or more of the following activities in fields related to ocean and coastal resources: “(i) research, “(ii) education, “(iii) training, or “(iv) advisory services. “(12) The term ‘sea grant regional consortium’ means any association or other alliance which is designated as such by the Secretary under section 207. “(13) The term ‘Secretary’ means the Secretary of Commerce. “(14) The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. “SEC. 204. NATIONAL SEA GRANT PROGRAM. “(a) In General.— The Secretary shall maintain, within the Administration, 33 USC 1123. a program to be known as the national sea grant program. The national sea grant program shall consist of the financial assistance and other activities provided for in this title. The Secretary shall Planning guidelines and priorities. establish long-range planning guidelines and priorities for, and adequately evaluate, this program. “(b) Director.— (1) The Secretary shall appoint a Director of the national sea grant program who shall be a qualified individual who has— “(A) knowledge or expertise in fields related to ocean and coastal resources; and “(B) appropriate administrative experience. “(2) 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 not in excess of the 5 USC 3301 et seq. 5 USC 5332 note. maximum rate for GS–18 of the General Schedule under section 5332 of such title. “(c) Duties.— The Director shall administer the national sea grant program subject to the supervision of the Secretary and the Administrator. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall— “(1) apply the long-range planning guidelines and the priorities established by the Secretary under subsection (a); “(2) advise the Administrator with respect to the expertise and capabilities which are available within or through the national sea grant program, and provide (as directed by the Administrator) those which are or could lie of use to other offices and activities within the Administration; “(3) evaluate activities conducted under grants and contracts awarded pursuant to sections 205 and 206 to assure that the objective set forth in section 202(b) is implemented; “(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national sea grant program, on a cooperative or other basis; “(5) advise the Secretary on the designation of sea grant colleges and sea grant regional consortia and, in appropriate cases, if any, on the termination or suspension of any such designation; and “(6) encourage the formation and growth of sea grant programs, “(d) Powers.— To carry out the provisions of this title, the Secretary may— “(1) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with the civil service laws; except that five positions may be established without regard to the provisions of title 5, United States Code, 5 USC 3301 et seq. 5 USC 5332 note. governing appointments in the competitive service, but the pay rates for such positions may not exceed the maximum rate for GS–18 of the General Schedule under section 5332 of such title; “(2) make appointments with respect to temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code; “(3) publish or arrange for the publication of, and otherwise disseminate, in cooperation with other services, offices, and programs in the Administration, any information of research, educational, training, and other value in fields related to ocean and coastal resources and with respect to ocean and coastal resources, without regard to section 501 of title 44, United States Code; “(4) enter into contracts, cooperative agreements, and other transactions without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5); “(5) accept donations and voluntary and uncompensated services, notwithstanding section 3679 of the Revised Statutes of the United States (31 U.S.C. 665(b)); and “(6) issue such rules and regulations as may be necessary and appropriate. “SEC. 205. CONTRACTS AND GRANTS. “(a) In General.— The Secretary may make grants and enter into contracts under this subsection to assist any sea grant program or project if the Secretary finds that such program or project will— “(1) implement the objective set forth in section 202(b); and “(2) be responsive to the needs or problems of individual States or regions. The total amount paid pursuant to any such grant or contract may equal 66⅔ percent, or any lesser percent, of the total cost of the sea grant program or project involved. “(b) Special Grants.— The Secretary may make special grants under this subsection to implement the objective set forth in section 202(b). The amount of any such grant may equal 100 percent, or any lesser percent, of the total cost of the project involved. No grant may be made under this subsection unless the Secretary finds that— “(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a); “(2) the probable benefit of such project outweighs the public interest in such matching requirement; and “(3) the same or equivalent, benefit cannot be obtained through the award of a contract or grant under subsection (a) or section 206. The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 percent of the total funds appropriated for such year pursuant to section 212. “(c) Eligibility and Procedure.— Any person may apply to the Secretary for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received. “(d) Terms and Conditions.— (1) Any grant made, or contract entered into, under this section shall lie subject to the limitations and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. “(2) No payment under any grant or contract under this section may be applied to— “(A) the purchase or rental of any land or “(B) the purchase, rental, construction, preservation, or repair of any building, dock, or vessel; except that payment under any such grant or contract may, if approved by the Secretary, be applied to the purchase, rental, construction, preservation, or repair of non-self-propelled habitats, buoys, platforms, and other similar devices or structures, or to the rental of any research vessel which is used in direct support of activities under any sea grant program or project. “(3) The total amount which may be obligated for payment pursuant to grants made to, and contracts entered into with, persons under this section within any one State in any fiscal year shall not exceed an amount equal to 15 percent of the total funds appropriated for such year pursuant to section 212. “(4) Any person who receives or utilizes any proceeds of any grant Record retention. Regulation. or contract under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate, effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Secretary Audit. and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers, and records of receipts which, in the, opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts. “SEC. 206. NATIONAL PROJECTS. “(a) In General.— The Secretary shall identify specific national 33 USC 1125. Grants and contracts. needs and problems with respect to ocean and coastal resources. The Secretary may make grants or enter into contracts under this section with respect to such needs or problems. The amount of any such grant or contract may equal 100 percent, or any lesser percent, of the total cost of the project involved. “(b) Eligibility and Procedure.— Any person any apply to the Application. Secretary for a grant or contract under this section. In addition, the Secretary may invite applications with respect to specific national needs or problems identified under subsection (a). Application shall lie made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 205(d) (2) and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. “(c) Authorization for Appropriations.— There is authorized to be appropriated for purposes of carrying out this section not to exceed $5,000,000 for the fiscal year ending September 30, 1977. Such sums as may be appropriated pursuant to this subsection shall remain available until expended. The amounts obligated to be expended for the purposes set forth in subsection (a) shall not, in any fiscal year, exceed an amount equal to 10 percent of the sums appropriated for such year pursuant to section 212. “SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. “(a) Designation.— (1) The Secretary may designate— “(A) any institution of higher education as a sea grant college; and “(B) any association or other alliance of two or more persons (other than individuals) as a sea grant regional consortium. “(2) No institution of higher education may be designated as a sea grant college unless the Secretary finds that such institution— “(A) is maintaining a balanced program of research, education, training, and advisory services in fields related to ocean and coastal resources and has received financial assistance under section 206 of this title or under section 204(c) of the National Sea 33 USC 1124, 1123. Grant College and Program Act of 1966; “(B) will act in accordance with such guidelines as are prescribed under subsection (b) (2); and “(C) meets such other qualifications as the Secretary deems necessary or appropriate. The designation of any institution as a sea grant college under the 33 USC 1121 note. Ante, p. 1961. authority of such Act of 1966 shall, if such designation is in effect on the day before the date of the enactment of the Sea Grant Program Improvement Act of 1976, be considered to be a designation made under paragraph (1) so long as such institution complies with subparagraphs (B) and (C). “(3) No association or other alliance of two or more persons may be designated as a sea grant regional consortium unless the Secretary finds that such association or alliance— “(A) is established for the purpose of sharing expertise, research, educational facilities, or training facilities, and other capabilities in order to facilitate research, education, training, and advisory services, in any field related to ocean and coastal resources; “(B) will encourage and follow a regional approach to solving problems or meeting needs relating to ocean and coastal resources, in cooperation with appropriate sea grant colleges, sea grant programs, and other persons in the region; “(C) will act in accordance with such guidelines as are prescribed under subsection (b) (2); and “(D) meets such other qualifications as the Secretary deems necessary or appropriate. “(b) Regulations.— The Secretary shall by regulation prescribe— “(1) the qualifications required to be met under paragraphs (2) (C) and (3) (D) of subsection (a); and “(2) guidelines relating to the activities and responsibilities of sea grant colleges and sea grant regional consortia. “(c) Suspension or Termination of Designation.— The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a). “SEC. 208. SEA GRANT FELLOWSHIPS. “(a) In General.— The Secretary shall support a sea grant fellowship program to provide educational and training assistance to qualified individuals at the undergraduate and graduate levels of education in fields related to ocean and coastal resources. Such fellowships shall Guidelines. be awarded pursuant to guidelines established by the Secretary. Sea grant fellowships may only be awarded by sea grant colleges, sea grant regional consortia, institutions of higher education, and professional associations and institutes. “(b) Limitation on Total Fellowship Grants.— The total amount which may be provided for grants under the sea grant fellowship program during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year pursuant to section 212. “SEC. 209. SEA GRANT REVIEW PANEL. “(a) Establishment.— There shall be established an independent 33 USC 1128. committee to be known as the sea grant review panel. The panel shall, on the 60th day after the date of the enactment of the Sea Grant Program Improvement Act of 1976, supersede the sea grant advisory Ante, p. 1961. panel in existence before such date of enactment. “(b) Duties.— The panel shall take such steps as may be necessary to review, and shall advise the Secretary, the Administrator, and the Director with respect to— “(1) applications or proposals for, and performance under, grants and contracts awarded under sections 205 and 206; “(2) the sea grant fellowship program; “(3) the designation and operation of sea grant colleges and sea grant regional consortia, and the operation of sea grant programs; “(4) the formulation and application of the planning guidelines and priorities under section 204 (a) and (c)(1); and “(5) such other matters as the Secretary refers to the panel for review and advice. The Secretary shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties. “(c) Membership, Terms, and Powers.— (1) The panel shall consist of 15 voting members who shall be appointed by the Secretary. The Director shall serve as a nonvoting member of the panel. Not less than five of the voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, utilization, or conservation of ocean and coastal resources. No individual is eligible to be a voting member of the panel if the individual is (A) the director of a sea grant college, sea grant regional consortium, or sea grant program; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 205 or 206; or (C) a full-time officer or employee of the United States. “(2) The term of office of a voting member of the panel shall be, 3 years, except that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term of 2 years, and five shall be appointed for a term of 3 years. “(3) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be appointed as a voting member after serving one full term as such a member. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office, or until 90 days after such date, whichever is earlier. “(4) The paneL shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. “(5) Voting members of the panel shall— “(A) receive compensation at the daily rate for GS–18 of the General Schedule under section 5332 of title 5, United States Code, when actually engaged in the performance of duties for such panel; and “(B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. “(6) The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director. “(7) The paneL may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b). “SEC. 210. INTERAGENCY COOPERATION. 33 USC 1129. “Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean and coastal resources— “(1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and ‘without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this title; “(2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this title; and “(3) shall cooperate with the Administration and duly authorized officials thereof. “SEC. 211. ANNUAL REPORT AND EVALUATION. “(a) Annual Report.— The Secretary shall submit to the Congress and the President, not later than February 15 of each year, a report on the activities of, and the outlook for, the national sea grant program. “(b) Evaluation.— The Director of the Office of Management and Budget and the Director of the Office of Science and Technology Policy, in the Executive Office of the President, shall have the opportunity to review each report prepared pursuant to subsection (a). Such Directors may submit, for inclusion in such report, comments and recommendations and an independent evaluation of the national sea grant program. Such material shall be transmitted to the Secretary Hot later than February 1 of each year, and the Secretary shall cause it to be published as a separate section in the annual report submitted pursuant to subsection (a). “SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. 33 USC 1131. “There is authorized to be appropriated for purposes of carrying out the provisions of this title (other than section 206) not to exceed $50,000,000 for flip fiscal year ending September 30, 1977. Such sums as may be appropriated under this section shall remain available until expended.”.

  14. Pub. L. 95–428 § 2(b) · 92 Stat. 999

    Substituted · 33 U.S.C. § 1123(a)(c)

    Pub. L. 95–428, § 2(b), substituted “national sea grant college program” for “national sea grant program” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 95–428, § 2(b), substituted “national sea grant college program” for “national sea grant program” wherever appearing.

    Enacted provision · exact public law section
    (b) Sections 202(a) (3) , 203(3) , 204, and 211 are each amended by 33 USC 1121–1123, 1130. striking out “national sea grant program” each place it appears therein and inserting in lieu thereof “national sea grant college program”.

  15. Pub. L. 95–428 § 3(1)(B) · 92 Stat. 999

    1. Added · 33 U.S.C. § 1123(d)(6); 33 U.S.C. § 1123(d)(7)

      Pub. L. 95–428, § 3(1)(B), (C), added par. (6)

    2. Redesignated · 33 U.S.C. § 1123(d)(6); 33 U.S.C. § 1123(d)(7)

      Pub. L. 95–428, § 3(1)(B), (C), redesignated former par. (6) as (7)

    Source evidence

    Code amendment note
    Subsec. (d)(6), (7). Pub. L. 95–428, § 3(1)(B), (C), added par. (6) and redesignated former par. (6) as (7).

    Enacted provision · exact public law section
    (B) by redesignating paragraph (6) as paragraph (7), and

  16. Pub. L. 96–289 § 1(2) · 94 Stat. 605

    1. Added · 33 U.S.C. § 1123(c)(5)(7)

      Pub. L. 96–289 added par. (5)

    2. Redesignated · 33 U.S.C. § 1123(c)(5)(7)

      Pub. L. 96–289 redesignated former pars. (5) and (6) as (6) and (7), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(5) to (7). Pub. L. 96–289 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

    Enacted provision · exact public law section
    (1) in section 203(6) by inserting “Great Lakes and the” immediately before “territorial sea”;

  17. Marine Science, Technology, and Policy Development Act of 1987

    Pub. L. 100–220 § 3104(b)(1)(D) · 101 Stat. 1458

    Substituted · 33 U.S.C. § 1123(b)(1)(A)

    Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources”.

    Enacted provision · exact public law section
    (D) 33 USC 1123. Sections (b)(1)(A) and (d)(3) of section 204.

  18. Marine Science, Technology, and Policy Development Act of 1987

    Pub. L. 100–220 § 3104(c) · 101 Stat. 1458

    Substituted · 33 U.S.C. § 1123(c)

    Pub. L. 100–220, § 3104(c), substituted “Under Secretary” for “Administrator” wherever appearing in introductory provisions and par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–220, § 3104(c), substituted “Under Secretary” for “Administrator” wherever appearing in introductory provisions and par. (2).

    Enacted provision · exact public law section
    (c) Conforming Amendments Relating to Under Secretary of Commerce for Oceans and Atmosphere.— Section 204(c) is amended by striking “Administrator” each place it appears and inserting in lieu thereof “Under Secretary”.

  19. Marine Science, Technology, and Policy Development Act of 1987

    Pub. L. 100–220 § 3104(b)(2) · 101 Stat. 1458

    Substituted · 33 U.S.C. § 1123(c)(5)

    Pub. L. 100–220, § 3104(b)(2), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resource”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 100–220, § 3104(b)(2), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resource”.

    Enacted provision · exact public law section
    (2) Paragraph (5) of section 204(c) is amended by striking 33 USC 1123. “ocean and coastal resource” and inserting in lieu thereof “ocean, coastal, and Great Lakes resources”.

  20. Marine Science, Technology, and Policy Development Act of 1987

    Pub. L. 100–220 § 3104(b)(1)(D) · 101 Stat. 1458

    Substituted · 33 U.S.C. § 1123(d)(3)

    Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources” in two places.

    Enacted provision · exact public law section
    (D) 33 USC 1123. Sections (b)(1)(A) and (d)(3) of section 204.

  21. Marine Science, Technology, and Policy Development Act of 1987

    Pub. L. 100–220 § 3105(b) · 101 Stat. 1458

    Struck · 33 U.S.C. § 1123(d)(6)

    Pub. L. 100–220, § 3105(b), struck out “under section 1124(a) of this title” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 100–220, § 3105(b), struck out “under section 1124(a) of this title” after “Secretary”.

    Enacted provision · exact public law section
    (b) Acceptance of Funds From Other Federal Agencies.— Section 204(d)(6) is amended by striking “under section 205(a)”.

  22. National Sea Grant College Program Authorization Act of 1991

    Pub. L. 102–186 § 2(a) · 105 Stat. 1282

    Amended · 33 U.S.C. § 1123(a)

    Pub. L. 102–186, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 consist of the financial assistance and other activities provided for in this subchapter. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–186, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 consist of the financial assistance and other activities provided for in this subchapter. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.”

    Enacted provision · exact public law section
    (a) Maintenance of Office.— Section 204(a) of the National Sea Grant College Program Act (33 U.S.C. 1123(a)) is amended to read as follows: “(a) 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 consist of the financial assistance and other activities provided for in this Act, and shall be administered by a National Sea Grant Office within the Administration. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.”.

  23. National Sea Grant College Program Authorization Act of 1991

    Pub. L. 102–186 § 4(b)(1)(A) · 105 Stat. 1282

    Substituted · 33 U.S.C. § 1123(c)(3)

    Pub. L. 102–186, § 4(b)(1)(A), substituted “section 1124” for “sections 1124 and 1125”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–186, § 4(b)(1)(A), substituted “section 1124” for “sections 1124 and 1125”.

    Enacted provision · exact public law section
    (A) in section 204(c)(3) by striking “sections 205 and 206” 33 USC 1123. and inserting “section 205”;

  24. National Sea Grant College Program Authorization Act of 1991

    Pub. L. 102–186 § 2(b) · 105 Stat. 1282

    Added · 33 U.S.C. § 1123(c)(8)

    Pub. L. 102–186, § 2(b), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (c)(8). Pub. L. 102–186, § 2(b), added par. (8).

    Enacted provision · exact public law section
    (b) Oversight.— Section 204(c) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)) is amended— (1) in paragraph (6), by striking “; and” and inserting a semicolon; (2) in paragraph (7), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(8) oversee the operation of the National Sea Grant Office established under subsection (a) of this section.”.

  25. National Sea Grant College Program Authorization Act of 1991

    Pub. L. 102–186 § 2(c) · 105 Stat. 1282

    Inserted · 33 U.S.C. § 1123(d)(6)

    Pub. L. 102–186, § 2(c), inserted “and add” after “to pay for”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 102–186, § 2(c), inserted “and add” after “to pay for”.

    Enacted provision · exact public law section
    (c) Powers of Secretary.— Section 204(d)(6) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(6)) is amended by inserting “and add to” after “pay for”.

  26. National Sea Grant College Program Reauthorization Act of 1998

    Pub. L. 105–160 § 5 · 112 Stat. 21

    Amended · 33 U.S.C. § 1123

    Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (d) relating to maintenance within the Administration of the National Sea Grant College Program, appointment and compensation of a Director of the program, duties of the Director, and powers of the Secretary to carry out the provisions of this subchapter

    Source evidence

    Code amendment note
    Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (d) relating to maintenance within the Administration of the National Sea Grant College Program, appointment and compensation of a Director of the program, duties of the Director, and powers of the Secretary to carry out the provisions of this subchapter.

    Enacted provision · exact public law section
    SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM. Section 204 (33 U.S.C. 1123) is amended to read as follows: “SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. “(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 and other activities authorized in this title, and shall provide support for the following elements— “(1) sea grant programs which comprise a national seagrant college program network, including international projects conducted within such programs; “(2) administration of the national sea grant college program and this title by the national sea grant office, the Administration, and the panel; “(3) the fellowship program under section 208; and “(4) any national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed with the approval of the panel, the sea grant colleges, and the sea grant institutes. “(c) Responsibilities of the Secretary.— “(1) The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop a long–range strategic plan which establishes priorities for the national sea grant college program and which provides an appropriately balanced response to local, regional, and national needs. “(2) Within 6 months of the date of enactment of the Guidelines. National Sea Grant College Program Reauthorization Act of 1998, the Secretary, in consultation with the panel, 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 Regulations. 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; “(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 maybe 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 long-range 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, the Director shall— “(A) evaluate the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary; “(B) subject to the availability of appropriations, allocate funding among sea grant colleges and sea grant institutes so as to— “(i) promote healthy competition among sea grant colleges and institutes; “(ii) encourage successful implementation of sea grant programs; and “(iii) to the maximum extent consistent with other provisions of this Act, provide a stable base of funding for sea grant colleges and institutes; and “(C) ensure compliance with the guidelines for merit review under subsection (c)(2).”.

  27. National Sea Grant College Program Act Amendments of 2002

    Pub. L. 107–299 § 3(a) · 116 Stat. 2345

    Amended · 33 U.S.C. § 1123(c)(1)

    Pub. L. 107–299, § 3(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop a long-range strategic plan which establishes priorities for the national sea grant college program and which provides an appropriately balanced response to local, regional, and national needs.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–299, § 3(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop a long-range strategic plan which establishes priorities for the national sea grant college program and which provides an appropriately balanced response to local, regional, and national needs.”

    Enacted provision · exact public law section
    (a) Quadrennial Strategic Plan.— Section 204(c)(1) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(1)) is amended to read as follows: “(1) The Secretary, in consultation with the panel, 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”.

  28. National Sea Grant College Program Act Amendments of 2002

    Pub. L. 107–299 § 3(b)(1) · 116 Stat. 2345

    Amended · 33 U.S.C. § 1123(d)(3)(A)

    Pub. L. 107–299, § 3(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “evaluate the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary;”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 107–299, § 3(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “evaluate the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary;”.

    Enacted provision · exact public law section
    (1) Evaluation and rating requirement.—Section 204(d)(3)(A) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(A)) is amended to read as follows: “(A) (i) evaluate 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; and “(ii) rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25 percent of the programs;”.

  29. National Sea Grant College Program Act Amendments of 2002

    Pub. L. 107–299 § 3(c) · 116 Stat. 2345

    Added · 33 U.S.C. § 1123(d)(3)(B)(iv)

    Pub. L. 107–299, § 3(c), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(iv). Pub. L. 107–299, § 3(c), added cl. (iv).

    Enacted provision · exact public law section
    (c) Allocation of Funding.— Section 204(d)(3)(B) of the National Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by striking “and” after the semicolon at the end of clause (ii) and by adding at the end the following: “(iv) encourage and promote coordination and cooperation between the research, education, and outreach programs of the Administration and those of academic institutions; and”.

  30. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(a)(1) · 122 Stat. 4205

    Amended · 33 U.S.C. § 1123(b)(1)

    Pub. L. 110–394, § 5(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “sea grant programs which comprise a national sea grant college program network, including international projects conducted within such programs;”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–394, § 5(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “sea grant programs which comprise a national sea grant college program network, including international projects conducted within such programs;”.

    Enacted provision · exact public law section
    (1) by amending paragraph (1) to read as follows: “(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;” ;

  31. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(a)(2) · 122 Stat. 4205

    Amended · 33 U.S.C. § 1123(b)(2)

    Pub. L. 110–394, § 5(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “administration of the national sea grant college program and this subchapter by the national sea grant office, the Administration, and the panel;”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–394, § 5(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “administration of the national sea grant college program and this subchapter by the national sea grant office, the Administration, and the panel;”.

    Enacted provision · exact public law section
    (2) by amending paragraph (2) to read as follows: “(2) administration of the national sea grant college program and this title by the national sea grant office and the Administration;” ; and

  32. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(a)(3) · 122 Stat. 4205

    Amended · 33 U.S.C. § 1123(b)(4)

    Pub. L. 110–394, § 5(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “any national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed with the approval of the panel, the sea grant colleges, and the sea grant institutes.”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 110–394, § 5(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “any national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed with the approval of the panel, the sea grant colleges, and the sea grant institutes.”

    Enacted provision · exact public law section
    (3) by amending paragraph (4) to read as follows: “(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.” .

  33. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 9(a)(4)(C)(i) · 122 Stat. 4205

    Substituted · 33 U.S.C. § 1123(c)(1)

    Pub. L. 110–394, § 9(a)(4)(C)(i), substituted “Board” for “panel”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 110–394, § 9(a)(4)(C)(i), substituted “Board” for “panel”.

    Enacted provision · exact public law section
    (i) Section 204 (33 U.S.C. 1123).

  34. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 · 122 Stat. 4205

    1. Substituted · 33 U.S.C. § 1123(c)(2)

      Pub. L. 110–394, §§ 5(b), 9(a)(4)(C)(i), substituted “The” for “Within 6 months of March 6, 1998, the”

    2. Substituted · 33 U.S.C. § 1123(c)(2)

      Pub. L. 110–394, §§ 5(b), 9(a)(4)(C)(i), substituted “Board” for “panel”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 110–394, §§ 5(b), 9(a)(4)(C)(i), substituted “The” for “Within 6 months of March 6, 1998, the” and “Board” for “panel”.

  35. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(1) · 122 Stat. 4205

    Struck · 33 U.S.C. § 1123(d)(2)(A)

    Pub. L. 110–394, § 5(c)(1), which directed the striking out of “long range”, was executed by striking out “long-range” before “strategic plan” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 110–394, § 5(c)(1), which directed the striking out of “long range”, was executed by striking out “long-range” before “strategic plan” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A), by striking “long range”;

  36. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(2) · 122 Stat. 4205

    1. Substituted · 33 U.S.C. § 1123(d)(3)(A)

      Pub. L. 110–394, § 5(c)(2), substituted “evaluate and assess” for “evaluate”

    2. Substituted · 33 U.S.C. § 1123(d)(3)(A)

      Pub. L. 110–394, § 5(c)(2), substituted “activities;” for “activities; and”

    3. Struck · 33 U.S.C. § 1123(d)(3)(A)

      Pub. L. 110–394, § 5(c)(2), struck out cl. (i) designation before “evaluate”

    4. Struck · 33 U.S.C. § 1123(d)(3)(A)

      Pub. L. 110–394, § 5(c)(2), struck out cl. (ii) which read as follows: “rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25 percent of the programs;”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 110–394, § 5(c)(2), substituted “evaluate and assess” for “evaluate” and “activities;” for “activities; and”, struck out cl. (i) designation before “evaluate”, and struck out cl. (ii) which read as follows: “rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25 percent of the programs;”.

    Enacted provision · exact public law section
    (2) in paragraph (3)(A)— (A) by striking “(A)(i) evaluate” and inserting “(A) evaluate and assess”; (B) by striking “activities; and” and inserting “activities;”; and (C) by striking clause (ii); and

  37. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(3)(A) · 122 Stat. 4205

    Redesignated · 33 U.S.C. § 1123(d)(3)(B)(ii)

    Pub. L. 110–394, § 5(c)(3)(A), added cl. (ii). Former cl. (ii) redesignated (iii)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(ii). Pub. L. 110–394, § 5(c)(3)(A), added cl. (ii). Former cl. (ii) redesignated (iii).

    Enacted provision · exact public law section
    (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following: “(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);” ;

  38. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(3)(A) · 122 Stat. 4205

    1. Redesignated · 33 U.S.C. § 1123(d)(3)(B)(iii)

      Pub. L. 110–394, § 5(c)(3)(A), (B), redesignated cl. (ii) as (iii)

    2. Redesignated · 33 U.S.C. § 1123(d)(3)(B)(iii)

      Pub. L. 110–394, § 5(c)(3)(A), (B), substituted “ensure” for “encourage”. Former cl. (iii) redesignated (iv)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(iii). Pub. L. 110–394, § 5(c)(3)(A), (B), redesignated cl. (ii) as (iii) and substituted “ensure” for “encourage”. Former cl. (iii) redesignated (iv).

    Enacted provision · exact public law section
    (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following: “(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);” ;

  39. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(3)(A) · 122 Stat. 4205

    Redesignated · 33 U.S.C. § 1123(d)(3)(B)(iv); 33 U.S.C. § 1123(d)(3)(B)(v)

    Pub. L. 110–394, § 5(c)(3)(A), redesignated cls. (iii) and (iv) as (iv) and (v), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(iv), (v). Pub. L. 110–394, § 5(c)(3)(A), redesignated cls. (iii) and (iv) as (iv) and (v), respectively.

    Enacted provision · exact public law section
    (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following: “(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);” ;

  40. National Sea Grant College Program Amendments Act of 2008

    Pub. L. 110–394 § 5(c)(3)(C) · 122 Stat. 4205

    Added · 33 U.S.C. § 1123(d)(3)(B)(vi)

    Pub. L. 110–394, § 5(c)(3)(C), (D), added cl. (vi)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(vi). Pub. L. 110–394, § 5(c)(3)(C), (D), added cl. (vi).

    Enacted provision · exact public law section
    (C) in clause (iv) (as so redesignated) by striking “and” after the semicolon;

  41. National Sea Grant College Program Amendments Act of 2020

    Pub. L. 116–221 § 6 · 134 Stat. 1057

    Inserted · 33 U.S.C. § 1123(b)

    Pub. L. 116–221, § 6, inserted “for research, education, extension, training, technology transfer, and public service” after “financial assistance” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–221, § 6, inserted “for research, education, extension, training, technology transfer, and public service” after “financial assistance” in introductory provisions.

    Enacted provision · exact public law section
    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”.

  42. National Sea Grant College Program Amendments Act of 2020

    Pub. L. 116–221 § 4(a) · 134 Stat. 1057

    Amended · 33 U.S.C. § 1123(c)(4)(E)

    Pub. L. 116–221, § 4(a), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(E). Pub. L. 116–221, § 4(a), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;”.

    Enacted provision · exact public law section
    (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;” .

  43. National Sea Grant College Program Amendments Act of 2020

    Pub. L. 116–221 § 9(c)(1)(A) · 134 Stat. 1057

    Substituted · 33 U.S.C. § 1123(d)(3)

    Pub. L. 116–221, § 9(c)(1)(A), substituted “With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “With respect to sea grant colleges and sea grant institutes” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 116–221, § 9(c)(1)(A), substituted “With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “With respect to sea grant colleges and sea grant institutes” in introductory provisions.

    Enacted provision · exact public law section
    (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

  44. National Sea Grant College Program Amendments Act of 2020

    Pub. L. 116–221 § 9(c)(1)(B) · 134 Stat. 1057

    Substituted · 33 U.S.C. § 1123(d)(3)(B)

    Pub. L. 116–221, § 9(c)(1)(B), substituted “funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “funding among sea grant colleges and sea grant institutes” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 116–221, § 9(c)(1)(B), substituted “funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “funding among sea grant colleges and sea grant institutes” in introductory provisions.

    Enacted provision · exact public law section
    (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”.

  45. National Sea Grant College Program Amendments Act of 2020

    Pub. L. 116–221 § 11(1) · 134 Stat. 1057

    Changed · 33 U.S.C. § 1123(d)(3)(B)(vi)

    Pub. L. 116–221, § 11(1), realigned margin

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(vi). Pub. L. 116–221, § 11(1), realigned margin.

    Enacted provision · exact public law section
    (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

52 of 55 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

This subchapter, referred to in subsec. (d)(3)(B)(iv), was in the original “this Act” and was translated as reading “this title” meaning title II of Pub. L. 89–454, which enacted this subchapter, to reflect the probable intent of Congress.

Codification

In subsec. (c)(4)(D), “section 6101 of title 41” substituted for “section 5 of title 41, United States Code” on authority of Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments1968–2020 · 11 rounds

2020

Subsec. (b). Pub. L. 116–221, § 6, inserted “for research, education, extension, training, technology transfer, and public service” after “financial assistance” in introductory provisions.

Subsec. (c)(4)(E). Pub. L. 116–221, § 4(a), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;”.

Subsec. (d)(3). Pub. L. 116–221, § 9(c)(1)(A), substituted “With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “With respect to sea grant colleges and sea grant institutes” in introductory provisions.

Subsec. (d)(3)(B). Pub. L. 116–221, § 9(c)(1)(B), substituted “funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects” for “funding among sea grant colleges and sea grant institutes” in introductory provisions.

Subsec. (d)(3)(B)(vi). Pub. L. 116–221, § 11(1), realigned margin.

2008

Subsec. (b)(1). Pub. L. 110–394, § 5(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “sea grant programs which comprise a national sea grant college program network, including international projects conducted within such programs;”.

Subsec. (b)(2). Pub. L. 110–394, § 5(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “administration of the national sea grant college program and this subchapter by the national sea grant office, the Administration, and the panel;”.

Subsec. (b)(4). Pub. L. 110–394, § 5(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “any national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed with the approval of the panel, the sea grant colleges, and the sea grant institutes.”

Subsec. (c)(1). Pub. L. 110–394, § 9(a)(4)(C)(i), substituted “Board” for “panel”.

Subsec. (c)(2). Pub. L. 110–394, §§ 5(b), 9(a)(4)(C)(i), substituted “The” for “Within 6 months of , the” and “Board” for “panel”.

Subsec. (d)(2)(A). Pub. L. 110–394, § 5(c)(1), which directed the striking out of “long range”, was executed by striking out “long-range” before “strategic plan” to reflect the probable intent of Congress.

Subsec. (d)(3)(A). Pub. L. 110–394, § 5(c)(2), substituted “evaluate and assess” for “evaluate” and “activities;” for “activities; and”, struck out cl. (i) designation before “evaluate”, and struck out cl. (ii) which read as follows: “rate the programs according to their relative performance (as determined under clause (i)) into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25 percent of the programs;”.

Subsec. (d)(3)(B)(ii). Pub. L. 110–394, § 5(c)(3)(A), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (d)(3)(B)(iii). Pub. L. 110–394, § 5(c)(3)(A), (B), redesignated cl. (ii) as (iii) and substituted “ensure” for “encourage”. Former cl. (iii) redesignated (iv).

Subsec. (d)(3)(B)(iv), (v). Pub. L. 110–394, § 5(c)(3)(A), redesignated cls. (iii) and (iv) as (iv) and (v), respectively.

Subsec. (d)(3)(B)(vi). Pub. L. 110–394, § 5(c)(3)(C), (D), added cl. (vi).

2002

Subsec. (c)(1). Pub. L. 107–299, § 3(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes, shall develop a long-range strategic plan which establishes priorities for the national sea grant college program and which provides an appropriately balanced response to local, regional, and national needs.”

Subsec. (d)(3)(A). Pub. L. 107–299, § 3(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “evaluate the programs of sea grant colleges and sea grant institutes, using the priorities, guidelines, and qualifications established by the Secretary;”.

Subsec. (d)(3)(B)(iv). Pub. L. 107–299, § 3(c), added cl. (iv).

1998

Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (d) relating to maintenance within the Administration of the National Sea Grant College Program, appointment and compensation of a Director of the program, duties of the Director, and powers of the Secretary to carry out the provisions of this subchapter.

1991

Subsec. (a). Pub. L. 102–186, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 consist of the financial assistance and other activities provided for in this subchapter. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.”

Subsec. (c)(3). Pub. L. 102–186, § 4(b)(1)(A), substituted “section 1124” for “sections 1124 and 1125”.

Subsec. (c)(8). Pub. L. 102–186, § 2(b), added par. (8).

Subsec. (d)(6). Pub. L. 102–186, § 2(c), inserted “and add” after “to pay for”.

1987

Subsec. (b)(1)(A). Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources”.

Subsec. (c). Pub. L. 100–220, § 3104(c), substituted “Under Secretary” for “Administrator” wherever appearing in introductory provisions and par. (2).

Subsec. (c)(5). Pub. L. 100–220, § 3104(b)(2), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resource”.

Subsec. (d)(3). Pub. L. 100–220, § 3104(b)(1)(D), substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources” in two places.

Subsec. (d)(6). Pub. L. 100–220, § 3105(b), struck out “under section 1124(a) of this title” after “Secretary”.

1980

Subsec. (c)(5) to (7). Pub. L. 96–289 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

1978

Subsecs. (a) to (c). Pub. L. 95–428, § 2(b), substituted “national sea grant college program” for “national sea grant program” wherever appearing.

Subsec. (d)(6), (7). Pub. L. 95–428, § 3(1)(B), (C), added par. (6) and redesignated former par. (6) as (7).

1976

Pub. L. 94–461 substituted provisions covering the establishment and administration of the national sea grant program for provisions covering the marine resource development programs.

1973

Subsec. (a). Pub. L. 93–73, § 1(2), (5), deleted item (1) designation for provision respecting consultation with experts and Federal agencies, deleted item (2) provision for seeking advice and counsel from the National Council on Marine Resources and Engineering Development, and substituted “Secretary” for “Foundation”.

Subsec. (b). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his authority” for “its authority”.

Subsec. (d)(1). Pub. L. 93–73, § 1(3), (5), authorized Federal contributions exceeding percentage limitation to programs limited to one percent of appropriations for the fiscal year when reducing or eliminating matching payments by a participant when Secretary determines it would be inequitable relevant to the benefits derived by the participant from the program to require the participant to make a one-third payment of the cost, and substituted “Secretary” for “Foundation” in last sentence.

Subsec. (d)(2). Pub. L. 93–73, § 1(4), (5), made prohibitions of paragraph inapplicable to non-self-propelled habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes and substituted “Secretary” for “foundation”.

Subsecs. (d)(3), (e). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”.

Subsec. (f). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his functions” for “its functions”.

Subsec. (g). Pub. L. 93–73, § 1(6), substituted provisions for exercise of powers and authority under this subchapter by the Secretary rather than the Foundation under the powers and authority of the National Science Foundation Act of 1950, as amended.

Subsec. (h). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation” and “his functions” for “its functions”.

Subsec. (i)(3). Pub. L. 93–73, § 1(7), inserted “and which is so designated by the Secretary” after “marine resources”.

Subsec. (i)(4)(A) to (C). Pub. L. 93–73, § 1(5), substituted “Secretary” for “Foundation”.

1968

Subsec. (d)(1). Pub. L. 90–477 struck out “in any fiscal year” after “The total amount of payments” and “by any participants”.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 116–221, § 4(d), , 134 Stat. 1058, provided that:

“Nothing in this section [amending this section and enacting provisions set out as a note below] 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).”

Priorities

Pub. L. 116–221, § 4(b), , 134 Stat. 1058, provided that: “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 [134 Stat. 1058].”

Review of Evaluation and Rating Process

Pub. L. 107–299, § 3(b)(2), , 116 Stat. 2346, provided that after 3 years after , the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, was to contract with the National Academy of Sciences to review the effectiveness of the evaluation and rating system under this section in determining the relative performance of programs of sea grant colleges and sea grant institutes and provided that the National Academy of Sciences would submit a report to the Congress on the findings and recommendations of the panel not later than 4 years after .

Notice of Reorganization

Pub. L. 105–160, § 9(d), , 112 Stat. 27, provided that: “The Secretary of Commerce shall provide notice to the Committees on Science [now Science, Space, and Technology], Resources [now Natural Resources], and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 45 days before any major reorganization of any program, project, or activity of the National Sea Grant College Program.”

Credits

1966–2020 · 12 acts
  1. 1966Pub. L. 89–454, title II, § 204, as added Pub. L. 89–688, § 1, , 80 Stat. 999
  2. 1968amended Pub. L. 90–477, § 1(2), , 82 Stat. 704
  3. 1973Pub. L. 93–73, § 1(2)–(7), , 87 Stat. 170
  4. 1976Pub. L. 94–461, § 2, , 90 Stat. 1963
  5. 1978Pub. L. 95–428, §§ 2(b), 3(1), , 92 Stat. 999
  6. 1980Pub. L. 96–289, § 1(2), , 94 Stat. 605
  7. 1987Pub. L. 100–220, title III, §§ 3104(b)(1)(D), (2), (c), 3105(b), , 101 Stat. 1470, 1471
  8. 1991Pub. L. 102–186, §§ 2, 4(b)(1)(A), , 105 Stat. 1282, 1283
  9. 1998Pub. L. 105–160, § 5, , 112 Stat. 22
  10. 2002Pub. L. 107–299, § 3(a), (b)(1), (c), , 116 Stat. 2345, 2346
  11. 2008Pub. L. 110–394, §§ 5, 9(a)(4)(C)(i), , 122 Stat. 4206, 4208
  12. 2020Pub. L. 116–221, §§ 4(a), 6, 9(c)(1), 11(1), , 134 Stat. 1058, 1059, 1061.
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(Pub. L. 89–454, title II, § 204, as added Pub. L. 89–688, § 1, , 80 Stat. 999; amended Pub. L. 90–477, § 1(2), , 82 Stat. 704; Pub. L. 93–73, § 1(2)–(7), , 87 Stat. 170; Pub. L. 94–461, § 2, , 90 Stat. 1963; Pub. L. 95–428, §§ 2(b), 3(1), , 92 Stat. 999; Pub. L. 96–289, § 1(2), , 94 Stat. 605; Pub. L. 100–220, title III, §§ 3104(b)(1)(D), (2), (c), 3105(b), , 101 Stat. 1470, 1471; Pub. L. 102–186, §§ 2, 4(b)(1)(A), , 105 Stat. 1282, 1283; Pub. L. 105–160, § 5, , 112 Stat. 22; Pub. L. 107–299, § 3(a), (b)(1), (c), , 116 Stat. 2345, 2346; Pub. L. 110–394, §§ 5, 9(a)(4)(C)(i), , 122 Stat. 4206, 4208; Pub. L. 116–221, §§ 4(a), 6, 9(c)(1), 11(1), , 134 Stat. 1058, 1059, 1061.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s1123