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33 U.S.C. § 1123 — National sea grant college program

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1123 — National sea grant college program

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Source file: Laws/federal/codes/united-states-code/title-33/section-1123-national-sea-grant-college-program--cea2aafe35.md
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Source location: Title 33, Chapter 22, § 1123; chapter-022-sea-grant-colleges-and-marine-science-development.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1127&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1124&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1126&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section501&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim); (E) accept donations of money and, notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5376&num=0&edition=prelim). (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).

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1131 — Authorization of appropriations

**(a) Authorization** (1) **In general** — There are authorized to be appropriated to the Secretary to carry out this subchapter— (A) $87,520,000 for fiscal year 2021; (B) $91,900,000 for fiscal year 2022; (C) $96,500,000 for fiscal year 2023; (D) $101,325,000 for fiscal year 2024; and (E) $105,700,000 for fiscal year 2025. (2) **Priority activities for fiscal years 2021 through 2025** — In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated $6,000,000 for each of fiscal years 2021 through 2025 for competitive grants for the following: (A) University research on the biology, prevention, and control of aquatic nonnative species. (B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. (C) University research on the biology, prevention, and forecasting of harmful algal blooms. (D) University research, education, training, and extension services and activities focused on coastal resilience and United States working waterfronts and other regional or national priority issues identified in the strategic plan under [section 1123(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1123/c/1&num=0&edition=prelim). (E) University research and extension on sustainable aquaculture techniques and technologies. (F) Fishery research and extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding. **(b) Limitations** (1) **Administration** (A) *In general* — There may not be used for administration of programs under this subchapter in a fiscal year more than 5.5 percent of the lesser of— (i) the amount authorized to

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1124 — Program or project grants and contracts

**(a) Authorization; purposes; limitation on amount** 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 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1121/b&num=0&edition=prelim); 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; except that this limitation shall not apply in the case of grants or contracts paid for with funds accepted by the Secretary under [section 1123(c)(4)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1123/c/4/F&num=0&edition=prelim) or that are appropriated under [section 1127(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1127/b&num=0&edition=prelim). **(b) Special grants; maximum amount; prerequisites** The Secretary may make special grants under this subsection to implement the objective set forth in [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1121/b&num=0&edition=prelim). 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 inter

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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 secti

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5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6101 — Advertising requirement for Federal Government purchases and sales

**(a) Definitions.—** In this section— (1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). (2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia. **(b) Purchases.—** (1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time. (2) **Limitations on applicability.—** — Paragraph (1) does not apply when— (A) the amount involved in any one case does not exceed $25,000; (B) public exigencies require the immediate delivery of articles or performance of services; (C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or (D) services are required to be performed by a contractor in person and are— (i) of a technical and professional nature; or (ii) under Federal Government supervision and paid for on a time basis. **(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising. **(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 501 — Government printing, binding, and blank-book work to be done at Government Publishing Office

All printing, binding, and blank-book work for Congress, the Executive Office, the Judiciary, other than the Supreme Court of the United States, and every executive department, independent office and establishment of the Government, shall be done at the Government Publishing Office, except— (1) classes of work the Joint Committee on Printing considers to be urgent or necessary to have done elsewhere; and (2) printing in field printing plants operated by an executive department, independent office or establishment, and the procurement of printing by an executive department, independent office or establishment from allotments for contract field printing, if approved by the Joint Committee on Printing. Printing or binding may be done at the Government Publishing Office only when authorized by law.

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5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1126 — Sea grant colleges and sea grant institutes

**(a) Designation** (1) A sea grant college or sea grant institute shall meet the following qualifications— (A) have an existing broad base of competence in fields related to ocean, coastal, and Great Lakes resources; (B) make a long-term commitment to the objective in [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1121/b&num=0&edition=prelim), as determined by the Secretary; (C) cooperate with other sea grant colleges and institutes and other persons to solve problems or meet needs relating to ocean, coastal, and Great Lakes resources; (D) have received financial assistance under [section 1124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1124&num=0&edition=prelim); (E) be recognized for excellence in fields related to ocean, coastal, and Great Lakes resources (including marine resources management and science), as determined by the Secretary; and (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate. (2) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant college if the institution, association, or alliance— (A) meets the qualifications in paragraph (1); and (B) maintains a program of research, extension services, training, and education in fields related to ocean, coastal, and Great Lakes resources. (3) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant institute if the institution, association, or alliance— (A) meets the qualifications in paragraph (1); and (B) maintains a program which includes, at a minimum, research and e

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1121 — Congressional declaration of policy

**(a) Findings** The Congress finds and declares the following: (1) The national interest requires a strategy to— (A) provide for the understanding and wise use of ocean, coastal, and Great Lakes resources and the environment; (B) foster economic competitiveness; (C) promote public stewardship and wise economic development of the coastal ocean and its margins, the Great Lakes, and the exclusive economic zone; (D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards; (E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and (F) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues. (2) Investment in a strong program of integrated research, education, extension, training, technology transfer, and public service is essential for this strategy. (3) The expanding use and development of ocean, coastal, and Great Lakes resources resulting from growing coastal area populations and the increasing pressures on the coastal and Great Lakes environment challenge the ability of the United States to manage such resources wisely. (4) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes 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. (5) The understanding, assessment, development, management, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the F

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