7 USC CHAPTER 103, SUBCHAPTER I: PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION

From Title 7—AGRICULTURECHAPTER 103—AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM

SUBCHAPTER I—PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION

§7611. Standards for Federal funding of agricultural research, extension, and education

(a) In general

The Secretary shall ensure that agricultural research, extension, or education activities described in subsection (b) address a concern that—

(1) is a priority, as determined under section 7612(a) of this title; and

(2) has national, multistate, or regional significance.

(b) Application

Subsection (a) applies to—

(1) research activities conducted by the Agricultural Research Service; and

(2) research, extension, or education activities administered, on a competitive basis, by the National Institute of Food and Agriculture.

(Pub. L. 105–185, title I, §101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, §7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, §4(a), title VII, §7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (b)(2). Pub. L. 110–246, §7511(c)(29), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 7511(c)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

§7612. Priority setting process

(a) Establishment

Consistent with section 3101 of this title, the Secretary shall establish priorities for agricultural research, extension, and education activities conducted or funded by the Department.

(b) Responsibilities of Secretary

In establishing priorities for agricultural research, extension, and education activities conducted or funded by the Department, the Secretary shall solicit and consider input and recommendations from persons who conduct or use agricultural research, extension, or education.

(c) Responsibilities of 1862, 1890, and 1994 Institutions and Hispanic-serving agricultural colleges and universities

(1) Process

Effective October 1, 1999, to obtain agricultural research, extension, or education formula funds from the Secretary, each 1862 Institution, 1890 Institution, 1994 Institution, and Hispanic-serving agricultural college and university shall establish and implement a process for obtaining input from persons who conduct or use agricultural research, extension, or education concerning the use of the funds.

(2) Regulations

The Secretary shall promulgate regulations that prescribe—

(A) the requirements for an institution referred to in paragraph (1) to comply with paragraph (1); and

(B) the consequences for an institution of not complying with paragraph (1), which may include the withholding or redistribution of funds to which the institution may be entitled until the institution complies with paragraph (1).

(d) Management principles

To the maximum extent practicable, the Secretary shall ensure that federally supported and conducted agricultural research, extension, and education activities are accomplished in a manner that—

(1) integrates agricultural research, extension, and education functions to better link research to technology transfer and information dissemination activities;

(2) encourages regional and multistate programs to address relevant issues of common concern and to better leverage scarce resources; and

(3) achieves agricultural research, extension, and education objectives through multi-institutional and multifunctional approaches and by conducting research at facilities and institutions best equipped to achieve those objectives.

(Pub. L. 105–185, title I, §102, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, §7129(c)(2), May 22, 2008, 122 Stat. 1227; Pub. L. 110–246, §4(a), title VII, §7129(c)(2), June 18, 2008, 122 Stat. 1664, 1988.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (c). Pub. L. 110–246, §7129(c)(2), inserted "and Hispanic-serving agricultural colleges and universities" after "Institutions" in heading and substituted "1994 Institution, and Hispanic-serving agricultural college and university" for "and 1994 Institution" in par. (1).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

§7613. Relevance and merit of agricultural research, extension, and education funded by the Department

(a) Review of National Institute of Food and Agriculture

(1) Peer review of research grants

The Secretary shall establish procedures that provide for scientific peer review of each agricultural research grant administered, on a competitive basis, by the National Institute of Food and Agriculture of the Department.

(2) Relevance and merit review of research, extension, and education grants

(A) Establishment of procedures

The Secretary shall establish procedures that provide for relevance and merit review of each agricultural research, extension, or education grant administered, on a competitive basis, by the National Institute of Food and Agriculture.

(B) Consultation with Advisory Board

The Secretary shall consult with the Advisory Board in establishing the merit review procedures on a continuous basis.

(3) Consideration

Peer and merit review procedures established under paragraphs (1) and (2) shall not take the offer or availability of matching funds into consideration.

(b) Advisory Board review

On an annual basis, the Advisory Board shall review—

(1) the relevance to the priorities established under section 7612(a) of this title of the funding of all agricultural research, extension, or education activities conducted or funded by the Department; and

(2) the adequacy of the funding.

(c) Requests for proposals

(1) Review results

As soon as practicable after the review is conducted under subsection (b) for a fiscal year, the Secretary shall consider the results of the review when formulating each request for proposals, and evaluating proposals, involving an agricultural research, extension, or education activity funded, on a competitive basis, by the Department.

(2) Input

In formulating a request for proposals described in paragraph (1) for a fiscal year, the Secretary shall solicit and consider input from persons who conduct or use agricultural research, extension, or education regarding the prior year's request for proposals.

(d) Scientific peer review of agricultural research

(1) Peer review procedures

The Secretary shall establish procedures that ensure scientific peer review of all research activities conducted by the Department.

(2) Review panel required

As part of the procedures established under paragraph (1), a review panel shall verify, at least once every 5 years, that each research activity of the Department and research conducted under each research program of the Department has scientific merit and relevance.

(3) Mission area

If the research activity or program to be reviewed is included in the research, educational, and economics mission area of the Department, the review panel shall consider—

(A) the scientific merit and relevance of the activity or research in light of the priorities established pursuant to section 7612 of this title; and

(B) the national or multistate significance of the activity or research.

(4) Composition of review panel

(A) In general

A review panel shall be composed of individuals with scientific expertise, a majority of whom are not employees of the agency whose research is being reviewed.

(B) Scientists from colleges and universities

To the maximum extent practicable, the Secretary shall use scientists from colleges and universities to serve on the review panels.

(5) Submission of results

The results of the panel reviews shall be submitted to the Advisory Board.

(e) Merit review

(1) 1862 and 1890 Institutions

Effective October 1, 1999, to be eligible to obtain agricultural research or extension funds from the Secretary for an activity, each 1862 Institution and 1890 Institution shall—

(A) establish a process for merit review of the activity; and

(B) review the activity in accordance with the process.

(2) 1994 Institutions

Effective October 1, 1999, to be eligible to obtain agricultural extension funds from the Secretary for an activity, each 1994 Institution shall—

(A) establish a process for merit review of the activity; and

(B) review the activity in accordance with the process.

(3) Hispanic-serving agricultural colleges and universities

To be eligible to obtain agricultural extension funds from the Secretary for an activity, each Hispanic-serving agricultural college and university shall—

(A) establish a process for merit review of the activity; and

(B) review the activity in accordance with such process.

(Pub. L. 105–185, title I, §103, June 23, 1998, 112 Stat. 527; Pub. L. 110–234, title VII, §§7129(c)(3), 7301, 7511(c)(30), May 22, 2008, 122 Stat. 1227, 1242, 1270; Pub. L. 110–246, §4(a), title VII, §§7129(c)(3), 7301, 7511(c)(30), June 18, 2008, 122 Stat. 1664, 1988, 2003, 2031; Pub. L. 113–79, title VII, §7301, Feb. 7, 2014, 128 Stat. 887.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Section is comprised of section 103 of Pub. L. 105–185. Subsec. (f) of section 103 of Pub. L. 105–185 amended sections 361g, 3221, and 3222 of this title and repealed sections 346 and 3314 of this title.

Amendments

2014—Subsec. (a)(2). Pub. L. 113–79, §7301(1), substituted "Relevance and merit review of research, extension," for "Merit review of extension" in heading.

Subsec. (a)(2)(A). Pub. L. 113–79, §7301(2), inserted "relevance and" before "merit" and substituted "research, extension, or education" for "extension or education".

Subsec. (a)(2)(B). Pub. L. 113–79, §7301(3), inserted "on a continuous basis" after "procedures".

2008—Subsec. (a). Pub. L. 110–246, §7511(c)(30), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service" in heading and "the National Institute of Food and Agriculture" for "the Cooperative State Research, Education, and Extension Service" in text of pars. (1) and (2)(A).

Subsec. (a)(3). Pub. L. 110–246, §7301, added par. (3).

Subsec. (e)(3). Pub. L. 110–246, §7129(c)(3), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by section 7511(c)(30) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

§7614. Definitions

Except as otherwise provided in this section and sections 7614a to 7614c of this title,¹ in this section and sections 7614a to 7614c of this title: ¹

(1) Capacity and infrastructure program

The term "capacity and infrastructure program" has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).¹

(2) Capacity and infrastructure program critical base funding

The term "capacity and infrastructure program critical base funding" means the aggregate amount of Federal funds made available for capacity and infrastructure programs for fiscal year 2006, as appropriate.

(3) Competitive program

The term "competitive program" has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).¹

(4) Competitive program critical base funding

The term "competitive program critical base funding" means the aggregate amount of Federal funds made available for competitive programs for fiscal year 2006, as appropriate.

(5) Hispanic-serving agricultural colleges and universities

The term "Hispanic-serving agricultural colleges and universities" has the meaning given the term in section 3103 of this title.

(6) NLGCA Institution

The term "NLGCA Institution" has the meaning given the term in section 3103 of this title.

(7) 1862 Institution; 1890 Institution; 1994 Institution

The terms "1862 Institution", "1890 Institution", and "1994 Institution" have the meanings given the terms in section 7601 of this title.

(Pub. L. 110–234, title VII, §7501, May 22, 2008, 122 Stat. 1256; Pub. L. 110–246, §4(a), title VII, §7501, June 18, 2008, 122 Stat. 1664, 2018.)

Editorial Notes

References in Text

This section and sections 7614a to 7614c of this title, referred to in text, was in the original "this subtitle", and was translated as meaning "this part", meaning part I (§§7501 to 7506) of subtitle E of title VII of Pub. L. 110–246, June 18, 2008, 122 Stat. 2018, to reflect the probable intent of Congress.

Section 7511(a)(4), referred to in pars. (1) and (3), means section 7511(a)(4) of Pub. L. 110–246.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

¹ See References in Text note below.

§7614a. Roadmap

(a) In general

Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Under Secretary of Research, Education, and Economics (referred to in this section as the "Under Secretary"), shall commence preparation of a roadmap for agricultural research, education, and extension that—

(1) identifies current trends and constraints;

(2) identifies major opportunities and gaps that no single entity within the Department of Agriculture would be able to address individually;

(3) involves—

(A) interested parties from the Federal Government and nongovernmental entities; and

(B) the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 3123 of this title;

(4) incorporates roadmaps for agricultural research, education, and extension made publicly available by other Federal entities, agencies, or offices; and

(5) describes recommended funding levels for areas of agricultural research, education, and extension, including—

(A) competitive programs;

(B) capacity and infrastructure programs, with attention to the future growth needs of—

(i) small 1862 Institutions, 1890 Institutions, and 1994 Institutions;

(ii) Hispanic-serving agricultural colleges and universities;

(iii) NLGCA Institutions; and

(iv) colleges of veterinary medicine; and

(6) describes how organizational changes enacted by this Act have impacted agricultural research, extension, and education across the Department of Agriculture, including minimization of unnecessary programmatic and administrative duplication.

(b) Reviewability

The roadmap described in this section shall not be subject to review by any officer or employee of the Federal Government other than the Secretary (or a designee of the Secretary).

(c) Roadmap implementation and report

Not later than 1 year after the date on which the Secretary commences preparation of the roadmap under this section, the Secretary shall—

(1) implement and use the roadmap to set the research, education, and extension agenda of the Department of Agriculture; and

(2) make the roadmap available to the public.

(Pub. L. 110–234, title VII, §7504, May 22, 2008, 122 Stat. 1257; Pub. L. 110–246, §4(a), title VII, §7504, June 18, 2008, 122 Stat. 1664, 2019.)

Editorial Notes

References in Text

The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

This Act, referred to in subsec. (a)(6), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651, known as the Food, Conservation, and Energy Act of 2008. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 8701 of this title.

§7614b. Review of plan of work requirements

(a) Review

The Secretary shall work with university partners in extension and research to review and identify measures to streamline the submission, reporting under, and implementation of plan of work requirements, including those requirements under—

(1) sections 3221(d) and 3222(c) of this title;

(2) section 361g of this title; and

(3) section 344 of this title.

(b) Consultation

In carrying out the review and formulating and compiling the recommendations, the Secretary shall consult with the land-grant institutions.

(Pub. L. 110–234, title VII, §7505, May 22, 2008, 122 Stat. 1258; Pub. L. 110–246, §4(a), title VII, §7505, June 18, 2008, 122 Stat. 1664, 2020.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 8701 of this title.

§7614c. Budget submission and funding

(a) Definitions

In this section:

(1) Covered program

The term "covered program" means—

(A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and

(B) each competitive program carried out by the National Institute of Food and Agriculture for which annual appropriations are requested in the annual budget submission of the President.

(2) Request for applications

The term "request for applications" means a funding announcement published by the National Institute of Food and Agriculture that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restriction, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities.

(b) Budget request

The President shall submit to Congress, together with the annual budget submission of the President, a single budget line item reflecting the total amount requested by the President for funding for research, education, and extension activities of the Research, Education, and Economics mission area of the Department for that fiscal year and for the preceding 5 fiscal years.

(c) Capacity and infrastructure program request

Of the funds requested for capacity and infrastructure programs in excess of the capacity and infrastructure program critical base funding level, budgetary emphasis should be placed on enhancing funding for—

(1) 1890 Institutions;

(2) 1994 Institutions;

(3) NLGCA Institutions;

(4) Hispanic-serving agricultural colleges and universities; and

(5) small 1862 Institutions.

(d) Competitive program request

Of the funds requested for competitive programs in excess of the competitive program critical base funding level, budgetary emphasis should be placed on—

(1) enhancing funding for emerging problems; and

(2) finding solutions for those problems.

(e) Additional presidential budget submission requirement

(1) In general

Each year, the President shall submit to Congress for each funding request for a covered program—

(A) in the case of the information described in paragraph (2), such information together with the annual budget submission of the President; and

(B) in the case of any additional information described in paragraph (3), such additional information within a reasonable period that begins after the date of the annual budget submission of the President.

(2) Information described

The information described in this paragraph includes—

(A) baseline information, including with respect to each covered program—

(i) the funding level for the program for the fiscal year preceding the year for which the annual budget submission of the President is submitted;

(ii) the funding level requested in the annual budget submission of the President, including any increase or decrease in the funding level; and

(iii) an explanation justifying any change from the funding level specified in clause (i) to the level specified in clause (ii);

(B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the program;

(C) the proposed funding levels to be allocated to, and the expected publication date, scope, and allocation level for, each request for applications to be published under or associated with—

(i) each grant and cooperative agreement awarded under subsection (d) of section 2279 of this title;

(ii) each priority area specified in subsection (b)(2) of section 3157 of this title;

(iii) each research and extension project carried out under section 5811(a) of this title;

(iv) each grant awarded under section 5925b(a) of this title; and

(v) each grant awarded under section 7632(d) of this title; and

(D) any other information the Secretary determines will increase congressional oversight with respect to covered programs.

(3) Additional information described

The additional information described in this paragraph is information that the Secretary, after consulting with the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Senate, determines is a necessary revision or clarification to the information described in paragraph (2).

(4) Prohibition

Unless the President submits the information described in paragraph (2)(C) for a fiscal year, the President may not carry out any program during that fiscal year that is authorized under—

(A) subsection (d) of section 2279 of this title;

(B) subsection (b) of section 3157 of this title;

(D) section 5925b of this title; or

(E) section 7632 of this title.

(f) Report of the Secretary of Agriculture

Each year on a date that is not later than the date on which the President submits the annual budget, the Secretary shall submit to Congress a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government during the fiscal year that immediately precedes the year for which the report is submitted, including—

(1) a review of the extent to which those activities—

(A) are duplicative or overlap within the Department of Agriculture; or

(B) are similar to activities carried out by—

(i) other Federal agencies;

(ii) the States (including the District of Columbia, the Commonwealth of Puerto Rico and other territories or possessions of the United States);

(iii) institutions of higher education (as defined in section 1001 of title 20); or

(iv) the private sector; and

(2) for each report submitted under this section on or after January 1, 2014, a 5-year projection of national priorities with respect to agricultural research, extension, and education, taking into account domestic needs.

(g) Interchangeability of funds

Nothing in this section shall be construed so as to limit the authority of the Secretary under section 2257 of this title, with respect to the reprogramming or transfer of funds.

(Pub. L. 110–234, title VII, §7506, May 22, 2008, 122 Stat. 1259; Pub. L. 110–246, §4(a), title VII, §7506, June 18, 2008, 122 Stat. 1664, 2020; Pub. L. 113–79, title VII, §7513, Feb. 7, 2014, 128 Stat. 901; Pub. L. 115–334, title XII, §12301(a)(2)(C), Dec. 20, 2018, 132 Stat. 4950.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018—Subsec. (e)(2)(C)(i). Pub. L. 115–334, §12301(a)(2)(C)(i)(III), added cl. (i). Former cl. (i) redesignated (ii).

Subsec. (e)(2)(C)(ii). Pub. L. 115–334, §12301(a)(2)(C)(i)(II), (IV), redesignated cl. (i) as (ii) and made technical amendment to reference in original act which appears in text as reference to subsection (b)(2) of section 3157 of this title. Former cl. (ii) redesignated (iii).

Subsec. (e)(2)(C)(iii) to (v). Pub. L. 115–334, §12301(a)(2)(C)(i)(I), (II), (V), redesignated cls. (ii) to (iv) as (iii) to (v), respectively, and struck out former cl. (v) which read as follows: "each grant awarded under section 3319f(c)(1) of this title; and".

Subsec. (e)(4)(A). Pub. L. 115–334, §12301(a)(2)(C)(ii)(III), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (e)(4)(B). Pub. L. 115–334, §12301(a)(2)(C)(ii)(II), (IV), redesignated subpar. (A) as (B) and made technical amendment to reference in original act which appears in text as reference to subsection (b) of section 3157 of this title. Former subpar. (B) redesignated (C).

Subsec. (e)(4)(C) to (E). Pub. L. 115–334, §12301(a)(2)(C)(ii)(I), (V), (VI), redesignated subpars. (B) to (D) as (C) to (E), respectively, and struck out former subpar. (E) which read as follows: "section 3319f of this title."

2014—Subsec. (a). Pub. L. 113–79, §7513(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "In this section, the term 'competitive programs' includes only competitive programs for which annual appropriations are requested in the annual budget submission of the President."

Subsecs. (e) to (g). Pub. L. 113–79, §7513(2), added subsecs. (e) to (g).