§ 1123. — National sea grant college program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1123]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT
SUBCHAPTER II--NATIONAL SEA GRANT COLLEGE PROGRAM
Sec. 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 and other activities authorized in this subchapter,
and shall provide support for the following elements--
(1) sea grant programs which comprise a national sea grant
college program network, including international projects conducted
within such programs;
(2) administration of the national sea grant college program and
this subchapter by the national sea grant office, the
Administration, and the panel;
(3) the fellowship program under section 1127 of this title; 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 Secretary
(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.
(2) Within 6 months of March 6, 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 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 5 of title 41;
(E) notwithstanding section 1342 of title 31, 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 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 long-range
strategic plan under subsection (c)(1) of this section;
(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)(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)
of this section, 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;
(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;
(iii) to the maximum extent consistent with other provisions
of this subchapter, provide a stable base of funding for sea
grant colleges and institutes; and
(iv) encourage and promote coordination and cooperation
between the research, education, and outreach programs of the
Administration and those of academic institutions; and
(C) ensure compliance with the guidelines for merit review under
subsection (c)(2) of this section.
(Pub. L. 89-454, title II, Sec. 204, as added Pub. L. 89-688, Sec. 1,
Oct. 15, 1966, 80 Stat. 999; amended Pub. L. 90-477, Sec. 1(2), Aug. 11,
1968, 82 Stat. 704; Pub. L. 93-73, Sec. 1(2)-(7), July 10, 1973, 87
Stat. 170; Pub. L. 94-461, Sec. 2, Oct. 8, 1976, 90 Stat. 1963; Pub. L.
95-428, Secs. 2(b), 3(1), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96-289,
Sec. 1(2), June 28, 1980, 94 Stat. 605; Pub. L. 100-220, title III,
Secs. 3104(b)(1)(D), (2), (c), 3105(b), Dec. 29, 1987, 101 Stat. 1470,
1471; Pub. L. 102-186, Secs. 2, 4(b)(1)(A), Dec. 4, 1991, 105 Stat.
1282, 1283; Pub. L. 105-160, Sec. 5, Mar. 6, 1998, 112 Stat. 22; Pub. L.
107-299, Sec. 3(a), (b)(1), (c), Nov. 26, 2002, 116 Stat. 2345, 2346.)
References in Text
The civil service laws, referred to in subsec. (c)(4)(A), are set
forth in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
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)(iii), 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
2002--Subsec. (c)(1). Pub. L. 107-299, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 4(b)(1)(A), substituted
``section 1124'' for ``sections 1124 and 1125''.
Subsec. (c)(8). Pub. L. 102-186, Sec. 2(b), added par. (8).
Subsec. (d)(6). Pub. L. 102-186, Sec. 2(c), inserted ``and add''
after ``to pay for''.
1987--Subsec. (b)(1)(A). Pub. L. 100-220, Sec. 3104(b)(1)(D),
substituted ``ocean, coastal, and Great Lakes resources'' for ``ocean
and coastal resources''.
Subsec. (c). Pub. L. 100-220, Sec. 3104(c), substituted ``Under
Secretary'' for ``Administrator'' wherever appearing in introductory
provisions and par. (2).
Subsec. (c)(5). Pub. L. 100-220, Sec. 3104(b)(2), substituted
``ocean, coastal, and Great Lakes resources'' for ``ocean and coastal
resource''.
Subsec. (d)(3). Pub. L. 100-220, Sec. 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, Sec. 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, Sec. 2(b), substituted
``national sea grant college program'' for ``national sea grant
program'' wherever appearing.
Subsec. (d)(6), (7). Pub. L. 95-428, Sec. 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, Sec. 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, Sec. 1(5), substituted ``Secretary'' for
``Foundation'' and ``his authority'' for ``its authority''.
Subsec. (d)(1). Pub. L. 93-73, Sec. 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, Sec. 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, Sec. 1(5), substituted
``Secretary'' for ``Foundation''.
Subsec. (f). Pub. L. 93-73, Sec. 1(5), substituted ``Secretary'' for
``Foundation'' and ``his functions'' for ``its functions''.
Subsec. (g). Pub. L. 93-73, Sec. 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, Sec. 1(5), substituted ``Secretary'' for
``Foundation'' and ``his functions'' for ``its functions''.
Subsec. (i)(3). Pub. L. 93-73, Sec. 1(7), inserted ``and which is so
designated by the Secretary'' after ``marine resources''.
Subsec. (i)(4)(A) to (C). Pub. L. 93-73, Sec. 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''.
Review of Evaluation and Rating Process
Pub. L. 107-299, Sec. 3(b)(2), Nov. 26, 2002, 116 Stat. 2346,
provided that:
``(A) After 3 years after the date of the enactment of this Act
[Nov. 26, 2002], the Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere, shall contract with the
National Academy of Sciences--
``(i) to review the effectiveness of the evaluation and rating
system under the amendment made by paragraph (1) in determining the
relative performance of programs of sea grant colleges and sea grant
institutes;
``(ii) to evaluate whether the sea grant programs have improved
as a result of the evaluation process; and
``(iii) to make appropriate recommendations to improve the
overall effectiveness of the evaluation process.
``(B) The National Academy of Sciences shall submit a report to the
Congress on the findings and recommendations of the panel under
subparagraph (A) by not later than 4 years after the date of the
enactment of this Act [Nov. 26, 2002].''
Notice of Reorganization
Pub. L. 105-160, Sec. 9(d), Mar. 6, 1998, 112 Stat. 27, provided
that: ``The Secretary of Commerce shall provide notice to the Committees
on Science, 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.''
Section Referred to in Other Sections
This section is referred to in sections 1122, 1124, 1126, 1128, 1131
of this title.
