### §1123. 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 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).

(Pub. L. 89–454, title II, §204, as added Pub. L. 89–688, §1, Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90–477, §1(2), Aug. 11, 1968, 82 Stat. 704; Pub. L. 93–73, §1(2)–(7), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1963; Pub. L. 95–428, §§2(b), 3(1), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, §1(2), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, §§3104(b)(1)(D), (2), (c), 3105(b), Dec. 29, 1987, 101 Stat. 1470, 1471; Pub. L. 102–186, §§2, 4(b)(1)(A), Dec. 4, 1991, 105 Stat. 1282, 1283; Pub. L. 105–160, §5, Mar. 6, 1998, 112 Stat. 22; Pub. L. 107–299, §3(a), (b)(1), (c), Nov. 26, 2002, 116 Stat. 2345, 2346; Pub. L. 110–394, §§5, 9(a)(4)(C)(i), Oct. 13, 2008, 122 Stat. 4206, 4208; Pub. L. 116–221, §§4(a), 6, 9(c)(1), 11(1), Dec. 18, 2020, 134 Stat. 1058, 1059, 1061.)

#### **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), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

#### Amendments

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 March 6, 1998, 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), Dec. 18, 2020, 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), Dec. 18, 2020, 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), Nov. 26, 2002, 116 Stat. 2346, provided that after 3 years after Nov. 26, 2002, 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 Nov. 26, 2002.

#### Notice of Reorganization

Pub. L. 105–160, §9(d), Mar. 6, 1998, 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."