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

Page 336 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1124a eral 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 re- ceipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts. (Pub. L. 89–454, title II, § 205, as added Pub. L. 89–688, § 1, Oct. 15, 1966, 80 Stat. 1001; amended Pub. L. 93–73, § 1(8), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1964; Pub. L. 95–428, § 3(2), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(3), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3105(a), Dec. 29, 1987, 101 Stat. 1471; Pub. L. 102–186, § 4(b)(1)(B), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 107–299, § 4, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, § 6, Oct. 13, 2008, 122 Stat. 4207.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–394, § 6(1), substituted ‘‘1123(c)(4)(F) of this title or that are appropriated under section 1127(b) of this title.’’ for ‘‘1123(c)(4)(F) of this title.’’ Subsec. (b). Pub. L. 110–394, § 6(2), inserted concluding provisions and struck out former concluding provisions which read as follows: ‘‘The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 per- cent of the total funds appropriated for such year pur- suant to section 1131 of this title.’’ 2002—Subsec. (a). Pub. L. 107–299 substituted ‘‘section 1123(c)(4)(F)’’ for ‘‘section 1123(d)(6)’’ in concluding pro- visions. 1991—Subsec. (b)(3). Pub. L. 102–186 struck out ref- erence to section 1125 of this title after reference to subsection (a) of this section. 1987—Subsec. (d)(1). Pub. L. 100–220 inserted at end ‘‘Terms, conditions, and requirements imposed by the Secretary under this paragraph shall minimize any re- quirement of prior Federal approval.’’ 1980—Subsec. (d)(2). Pub. L. 96–289 authorized applica- tion of any payment under a grant or contract to the short-term rental of buildings or facilities for meetings which are in direct support of any sea grant program or project. 1978—Subsec. (a). Pub. L. 95–428 made the percentage limitation inapplicable to grants or contracts paid for with funds accepted by the Secretary under section 1123(d)(6) of this title. 1976—Pub. L. 94–461 substituted provisions covering program or project grants and contracts for provisions authorizing the study of ways to share with other coun- tries the results of marine research useful in the explo- ration, development, conservation, and management of marine resources. 1973—Pub. L. 93–73 substituted provisions for study of international marine technology transfer for prior pro- visions respecting advisory functions of National Coun- cil on Marine Resources and Development. § 1124a. Repealed. Pub. L. 105–160, § 6, Mar. 6, 1998, 112 Stat. 24 Section, Pub. L. 94–461, § 3, Oct. 8, 1976, 90 Stat. 1969; Pub. L. 95–58, § 2, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 4(2), (3), Oct. 7, 1978, 92 Stat. 1000; Pub. L. 96–289, §§ 2, 3, June 28, 1980, 94 Stat. 605; Pub. L. 98–623, title V, § 501(b), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100–220, title III, § 3111, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102–251, title III, § 307(b), Mar. 9, 1992, 106 Stat. 66, related to sea grant international program. § 1125. Repealed. Pub. L. 102–186, § 4(a), Dec. 4, 1991, 105 Stat. 1283 Section, Pub. L. 89–454, title II, § 206, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1965; amended Pub. L. 95–58, § 1, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 3(3), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(4), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3106(a), Dec. 29, 1987, 101 Stat. 1471, required development of a sea grant strategic research plan and authorized grants and contracts to carry out the program. § 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 com- petence 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, as de- termined by the Secretary; (C) cooperate with other sea grant colleges and institutes and other persons to solve prob- lems or meet needs relating to ocean, coastal, and Great Lakes resources; (D) have received financial assistance under section 1124 of this title; (E) be recognized for excellence in fields re- lated to ocean, coastal, and Great Lakes re- sources (including marine resources manage- ment and science), as determined by the Sec- retary; and (F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate. (2) The Secretary may designate an institu- tion, 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, exten- sion services, training, and education in fields related to ocean, coastal, and Great Lakes re- sources. (3) The Secretary may designate an institu- tion, 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 extension services. (b) Additional designations (1) Notification to Congress of designations (A) In general Not less than 30 days before designating an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under sub- section (a), the Secretary shall notify Con- gress in writing of the proposed designation. The notification shall include an evaluation and justification for the designation. (B) Effect of joint resolution of disapproval The Secretary may not designate an insti- tution, or an association or alliance of two or more such institutions, as a sea grant col- Page 337 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1127 lege or sea grant institute under subsection (a) if, before the end of the 30-day period de- scribed in subparagraph (A), a joint resolu- tion disapproving the designation is enacted. (2) Existing designees Any institution, or association or alliance of two or more such institutions, designated as a sea grant college or awarded institutional pro- gram status by the Director prior to March 6, 1998, shall not have to reapply for designation as a sea grant college or sea grant institute, respectively, after March 6, 1998, if the Direc- tor determines that the institution, or asso- ciation or alliance of institutions, meets the qualifications in subsection (a). (c) Suspension or termination of designation The Secretary may, for cause and after an op- portunity for hearing, suspend or terminate any designation under subsection (a). (d) Duties Subject to any regulations prescribed or guidelines established by the Secretary, it shall be the responsibility of each sea grant college and sea grant institute— (1) to develop and implement, in consulta- tion with the Secretary and the Board, a pro- gram that is consistent with the guidelines and priorities established under section 1123(c) of this title; and (2) to conduct a merit review of all proposals for grants and contracts to be awarded under section 1124 of this title. (Pub. L. 89–454, title II, § 207, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1966; amended Pub. L. 100–220, title III, § 3104(b)(1)(E), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 105–160, § 7, Mar. 6, 1998, 112 Stat. 24; Pub. L. 107–299, § 8, Nov. 26, 2002, 116 Stat. 2348; Pub. L. 110–394, §§ 7, 9(a)(4)(C)(ii), Oct. 13, 2008, 122 Stat. 4207, 4208; Pub. L. 113–188, title II, § 201(a), Nov. 26, 2014, 128 Stat. 2018; Pub. L. 116–221, § 7, Dec. 18, 2020, 134 Stat. 1059.) Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–221, § 7(2), added par. (1), designated existing provisions as par. (2), and inserted par. (2) heading. Pub. L. 116–221, § 7(1), substituted ‘‘Additional des- ignations’’ for ‘‘Existing designees’’ in heading. 2014—Subsec. (e). Pub. L. 113–188, which directed amendment of section 207 of the National Sea Grant Program Act by striking subsec. (e), was executed to this section, which is section 207 of the National Sea Grant College Program Act, to reflect the probable in- tent of Congress. Prior to amendment, subsec. (e) re- lated to annual reports on progress made by colleges, universities, institutions, associations, and alliances to become designated under this section as sea grant col- leges or sea grant institutes. 2008—Subsec. (a)(1)(F). Pub. L. 110–394, § 9(a)(4)(C)(ii), substituted ‘‘Board’’ for ‘‘panel’’. Subsec. (a)(2)(B), (3)(B). Pub. L. 110–394, § 7, sub- stituted ‘‘extension services’’ for ‘‘advisory services’’. Subsec. (d)(1). Pub. L. 110–394, § 9(a)(4)(C)(ii), sub- stituted ‘‘Board’’ for ‘‘panel’’. 2002—Subsec. (e). Pub. L. 107–299 added subsec. (e). 1998—Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (c) relating to authorization of the Sec- retary to designate sea grant college and sea grant re- gional consortia with certain prerequisites, require- ment of regulations to prescribe qualifications and guidelines, and authorization of the Secretary to sus- pend or terminate any designation. 1987—Subsec. (a)(2)(A), (3)(A), (B). Pub. L. 100–220 sub- stituted ‘‘ocean, coastal, and Great Lakes resources’’ for ‘‘ocean and coastal resources’’. § 1127. Fellowships (a) In general To carry out the educational and training ob- jectives 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 Sec- retary. The Secretary shall strive to ensure equal access for minority and economically dis- advantaged students to the program carried out under this subsection. (b) Dean John A. Knauss Marine Policy Fellow- ship (1) In general The Secretary shall award marine policy fel- lowships to support the placement of individ- uals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the execu- tive 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 Mem- bers 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 inter- est in ocean, coastal, or Great Lakes re- sources. (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 sec- tion 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 fel- lowships and administrative costs of imple- menting 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