### §1127. Fellowships

#### (a) In general

To carry out the educational and training objectives of this subchapter, the Secretary shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to guidelines established by the Secretary. The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection.

#### (b) Dean John A. Knauss Marine Policy Fellowship

#### (1) In general

The Secretary shall award marine policy fellowships to support the placement of individuals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the executive and legislative branches of the United States Government.

#### (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 awarded under this subsection shall be for a period of not more than 1 year.

#### (c) Restriction on use of funds

Amounts available for fellowships under this section, including amounts accepted under section 1123(c)(4)(F) of this title or appropriated under section 1131 of this title to implement this section, shall be used only for award of such fellowships and administrative costs of implementing this section.

(Pub. L. 89–454, title II, §208, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1966; amended Pub. L. 100–66, §3, July 10, 1987, 101 Stat. 384; Pub. L. 100–220, title III, §3107, Dec. 29, 1987, 101 Stat. 1472; Pub. L. 102–186, §4(b)(1)(C), (D), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 105–160, §4(b)(2), Mar. 6, 1998, 112 Stat. 22; Pub. L. 107–299, §5, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, §8, Oct. 13, 2008, 122 Stat. 4207; Pub. L. 113–188, title II, §201(c), Nov. 26, 2014, 128 Stat. 2018; Pub. L. 116–221, §3(a), (b), Dec. 18, 2020, 134 Stat. 1057.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in subsec. (a), 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.

#### Amendments

2020—Subsec. (b). Pub. L. 116–221 designated first sentence as par. (1) and inserted heading, substituted "shall award" for "may award", added par. (2), and designated second sentence as par. (3) and inserted heading.

2014—Subsec. (a). Pub. L. 113–188, which directed amendment of section 208(a) of the National Sea Grant Program Act by striking the fourth sentence, was executed to this section, which is section 208(a) of the National Sea Grant College Program Act, to reflect the probable intent of Congress. Prior to amendment, fourth sentence read as follows: "Every 2 years, the Secretary shall submit a report to the Congress describing the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection, and the results of such efforts."

2008—Subsec. (a). Pub. L. 110–394, §8(1), substituted "Every 2 years," for "Not later than 1 year after November 26, 2002, and every 2 years thereafter,".

Subsec. (c). Pub. L. 110–394, §8(2), added subsec. (c).

2002—Subsec. (a). Pub. L. 107–299, §5(a), inserted at end "The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection. Not later than 1 year after November 26, 2002, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the program carried out under this subsection, and the results of such efforts."

Subsec. (c). Pub. L. 107–299, §5(b), struck out heading and text of subsec. (c). Text read as follows: "The Secretary shall establish and administer a program of postdoctoral fellowships to accelerate research in critical subject areas. The fellowship awards—

"(1) shall be for 2 years;

"(2) may be renewed once for not more than 2 years;

"(3) shall be awarded on a nationally competitive basis;

"(4) may be used at any institution of post-secondary education involved in the national sea grant college program;

"(5) shall be for up to 100 percent of the total cost of the fellowship; and

"(6) may be made to recipients of terminal professional degrees, as well as doctoral degree recipients."

1998—Pub. L. 105–160 substituted "Secretary" for "Under Secretary" in subsec. (a) in two places and in subsecs. (b) and (c).

1991—Subsec. (c)(5) to (7). Pub. L. 102–186 inserted "and" after semicolon at end of par. (5), redesignated par. (7) as (6), and struck out former par. (6) which read as follows: "may be made for any of the priority areas of research identified in the sea grant strategic research plan in effect under section 1125 of this title; and".

1987—Subsec. (a). Pub. L. 100–220 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "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 be awarded pursuant to guidelines established by the Secretary. Except as provided in subsection (b) of this section, sea grant fellowships may only be awarded by sea grant colleges, sea grant regional consortia, institutions of higher education, and professional associations and institutes."

Pub. L. 100–66, §3(1), substituted "Except as provided in subsection (b) of this section, sea" for "Sea".

Subsec. (b). Pub. L. 100–220 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(1) As part of the sea grant fellowship program, the Secretary may award sea grant fellowships to support the placement of qualified individuals in positions with the executive and legislative branches of the United States Government. No fellowship may be awarded under this paragraph for a period exceeding one year.

"(2) For purposes of this subsection, the term 'qualified individual' means an individual at the graduate level of education in fields related to ocean and coastal resources."

Pub. L. 100–66, §3(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 100–220 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "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 1131 of this title."

Pub. L. 100–66, §3(2), redesignated former subsec. (b) as (c).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2020 Amendment

Pub. L. 116–221, §3(c), Dec. 18, 2020, 134 Stat. 1058, provided that: "The amendments made by this section [amending this section] shall apply with respect to the first calendar year beginning after the date of the enactment of this Act [Dec. 18, 2020]."

#### Effective Date of 1987 Amendment

Pub. L. 100–66, §4, July 10, 1987, 101 Stat. 385, provided that: "The amendment made by section 3 [amending this section] shall take effect January 1, 1978."

#### Direct Hire Authority; Dean John A. Knauss Marine Policy Fellowship

Pub. L. 116–221, §8, Dec. 18, 2020, 134 Stat. 1059, provided that:

"(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)."