[USC02] 7 USC Ch. 64: AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
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7 USC Ch. 64: AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
From Title 7—AGRICULTURE

CHAPTER 64—AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

SUBCHAPTER I—FINDINGS, PURPOSES, AND DEFINITIONS

Sec.
3101.
Purposes of agricultural research, extension, and education.
3102.
Additional purposes of agricultural research and extension.
3103.
Definitions.
3104.
Agriculture research; declaration of policy; duties of Secretary of Agriculture; use of existing facilities.
3105.
Agricultural research; authorization of additional appropriations; administrative expenses; availability of special research fund.

        

SUBCHAPTER II—COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

3121.
Responsibilities of Secretary and Department of Agriculture.
3122.
Repealed.
3123.
National Agricultural Research, Extension, Education, and Economics Advisory Board.
3123a.
Specialty crop committee.
3123b.
Repealed.
3124.
Existing research programs.
3124a.
Federal-State partnership and coordination.
3125.
Annual report of Secretary of Agriculture to President and Congress.
3125a.
National Agricultural Library.
3125a–1.
Agricultural and food law research, legal tools, and information.
3125b.
National Rural Information Center Clearinghouse.
3125c.
Repealed.
3126.
Libraries and information network.
3127.
Support for Advisory Board.
3128.
General provisions.
3129.
Accountability.
3129a.
Federal Advisory Committee Act exemption for competitive research, extension, and education programs.
3130.
Repealed.

        

SUBCHAPTER III—AGRICULTURAL RESEARCH AND EDUCATION GRANTS AND FELLOWSHIPS

3151.
Grants to enhance research capacity in schools of veterinary medicine.
3151a.
Veterinary medicine loan repayment.
3151b.
Veterinary services grant program.
3152.
Grants and fellowships for food and agricultural sciences education.
3153.
National Agricultural Science Award.
3154.
Repealed.
3155.
Agricultural and food policy research centers.
3156.
Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.
3157.
Competitive, special, and facilities research grants.
3158.
Next generation agriculture technology challenge.
3159.
Land-grant designation.

        

SUBCHAPTER IV—NATIONAL FOOD AND HUMAN NUTRITION RESEARCH AND EXTENSION PROGRAM

3171.
Congressional findings and declaration of policy.
3172.
Duties of Secretary of Agriculture.
3173.
Research by Department of Agriculture.
3174, 3174a. Repealed.
3175.
Nutrition education program.
3175a.
Nutrition and consumer education; Congressional findings.
3175b.
Expansion of effective food, nutrition, and consumer education services.
3175c.
Program of food, nutrition, and consumer education by State cooperative extension services.
3175d.
Administration of program of food, nutrition, and consumer education by State cooperative extension services.
3175e.
Authorization of appropriations.
3176, 3177. Repealed.
3178.
Nutritional status monitoring.
3178a.
Nutrition monitoring.
3179.
Research on strategies to promote the selection and consumption of healthy foods.

        

SUBCHAPTER V—ANIMAL HEALTH AND DISEASE RESEARCH

3191.
Purposes and findings relating to animal health and disease research.
3192.
Definitions.
3193.
Authorization to Secretary of Agriculture.
3194.
Repealed.
3195.
Continuing animal health and disease, food security, and stewardship research, education, and extension programs.
3196.
Research on national and regional animal health or disease problems.
3197.
Availability of appropriated funds.
3198.
Withholding of appropriated funds.
3199.
Requirements for use of funds.
3200.
Matching funds.
3201.
Funds appropriated or otherwise made available pursuant to other provisions of law.
3202.
Research and education grants for the study of antibiotic-resistant bacteria.

        

SUBCHAPTER VI—1890 LAND-GRANT COLLEGE FUNDING

3221.
Extension at 1890 land-grant colleges, including Tuskegee University.
3222.
Agricultural research at 1890 land-grant colleges, including Tuskegee University.
3222a.
Scholarships for students at 1890 Institutions.
3222b.
Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.
3222b–1.
Grants to upgrade agriculture and food sciences facilities at the District of Columbia land-grant university.
3222b–2.
Grants to upgrade agriculture and food sciences facilities and equipment and support tropical and subtropical agricultural research at insular area land-grant colleges and universities.
3222c.
Repealed.
3222d.
Matching funds requirement for research and extension activities at eligible institutions.
3222e.
New beginning for tribal students.
3223.
Grants for acquisition and improvement of research facilities and equipment.
3224.
Repealed.

        

SUBCHAPTER VII—PROGRAMS FOR HISPANIC, ALASKA NATIVE, AND NATIVE HAWAIIAN SERVING INSTITUTIONS

3241.
Education grants programs for Hispanic-serving institutions.
3242.
Transferred.
3243.
Hispanic-serving agricultural colleges and universities.

        

SUBCHAPTER VIII—INTERNATIONAL RESEARCH, EXTENSION, AND TEACHING

3291.
International agricultural research, extension, and teaching.
3292.
Partnerships to build capacity in international agricultural research, extension, and teaching.
3292a.
United States-Mexico joint agricultural research.
3292b.
Competitive grants for international agricultural science and education programs.
3293.
Agricultural fellowship program for middle income countries, emerging democracies, and emerging markets.
3294.
Center For North American Studies.
3295.
International Agricultural Education Fellowship Program.

        

SUBCHAPTER IX—STUDIES

3301 to 3304. Repealed.

        

SUBCHAPTER X—FUNDING AND MISCELLANEOUS PROVISIONS

3310.
Limitation on indirect costs for agricultural research, education, and extension programs.
3310a.
Research equipment grants.
3311.
Authorization of appropriations.
3312.
Authorization of appropriations for extension education.
3313.
Payment of funds.
3314.
Repealed.
3315.
Auditing, reporting, bookkeeping, and administrative requirements.
3315a.
Availability of competitive grant funds.
3316.
Rules and regulations.
3317.
Program evaluation studies.
3318.
Contract, grant, and cooperative agreement authorities.
3318a.
Cooperative research projects; agreements with and receipt of funds from State and other agencies.
3319.
Restriction on treatment of indirect costs and tuition remission.
3319a.
Cost-reimbursable agreements.
3319b.
Joint requests for proposals.
3319c.
Repealed.
3319d.
Supplemental and alternative crops.
3319e.
New Era Rural Technology Program.
3319f.
Repealed.
3319g.
Fees.
3319h.
Funds for research facilities.
3319i.
Capacity building grants for NLGCA Institutions.
3319j.
Borlaug International Agricultural Science and Technology Fellowship Program.
3319k.
Agriculture Advanced Research and Development Authority pilot.

        

SUBCHAPTER XI—AQUACULTURE

3321.
Statement of purpose.
3322.
Assistance programs.
3323.
Repealed.
3324.
Authorization of appropriations.

        

SUBCHAPTER XII—RANGELAND RESEARCH

3331.
Congressional statement of purpose.
3332.
Program; development, purposes, scope, etc.
3333.
Rangeland research grants.
3334, 3335. Repealed.
3336.
Authorization of appropriations; allocation of funds.

        

SUBCHAPTER XIII—BIOSECURITY

3351.
Special authorization for biosecurity planning and response.
3352.
Agriculture research facility expansion and security upgrades.
3353.
Agricultural biosecurity.
3354.
Agricultural bioterrorism research and development.

        

SUBCHAPTER XIV—INSTITUTIONS OF HIGHER EDUCATION IN INSULAR AREAS

3361.
Definition.
3362.
Distance education grants for insular areas.
3363.
Resident instruction grants for insular areas.

        

SUBCHAPTER XV—GENERAL PROVISIONS

3371.
Repealed.

        

SUBCHAPTER I—FINDINGS, PURPOSES, AND DEFINITIONS

§3101. Purposes of agricultural research, extension, and education

The purposes of federally supported agricultural research, extension, and education are to—

(1) enhance the competitiveness of the United States agriculture and food industry in an increasingly competitive world environment;

(2) increase the long-term productivity of the United States agriculture and food industry while maintaining and enhancing the natural resource base on which rural America and the United States agricultural economy depend;

(3) develop new uses and new products for agricultural commodities, such as alternative fuels, and develop new crops;

(4) support agricultural research and extension to promote economic opportunity in rural communities and to meet the increasing demand for information and technology transfer throughout the United States agriculture industry;

(5) improve risk management in the United States agriculture industry;

(6) improve the safe production and processing of, and adding of value to, United States food and fiber resources using methods that maintain the balance between yield and environmental soundness;

(7) support higher education in agriculture to give the next generation of Americans the knowledge, technology, and applications necessary to enhance the competitiveness of United States agriculture;

(8) maintain an adequate, nutritious, and safe supply of food to meet human nutritional needs and requirements; and

(9) support international collaboration that leverages resources and advances priority food and agricultural interests of the United States, such as—

(A) addressing emerging plant and animal diseases;

(B) improving crop varieties and animal breeds; and

(C) developing safe, efficient, and nutritious food systems.

(Pub. L. 95–113, title XIV, §1402, as added Pub. L. 101–624, title XVI, §1602(a), Nov. 28, 1990, 104 Stat. 3705; amended Pub. L. 104–127, title VIII, §801, Apr. 4, 1996, 110 Stat. 1156; Pub. L. 115–334, title VII, §7101, Dec. 20, 2018, 132 Stat. 4779.)

Prior Provisions

A prior section 3101, Pub. L. 95–113, title XIV, §1402, Sept. 29, 1977, 91 Stat. 981; Pub. L. 97–98, title XIV, §1402, Dec. 22, 1981, 95 Stat. 1294; Pub. L. 99–198, title XIV, §1402, Dec. 23, 1985, 99 Stat. 1542, stated Congressional findings, prior to repeal by Pub. L. 101–624, title XVI, §1601(f)(1)(A), Nov. 28, 1990, 104 Stat. 3704.

Amendments

2018—Par. (9). Pub. L. 115–334 added par. (9).

1996Pub. L. 104–127 amended section generally, substituting present provisions for provisions which set out six purposes of federally funded agricultural research and extension programs.

Short Title of 2004 Amendment

Pub. L. 108–465, §1, Dec. 21, 2004, 118 Stat. 3882, provided that: "This Act [enacting sections 3123a, 7712a, and 8321 of this title, amending section 5925 of this title, and enacting provisions set out as notes under sections 1621 and 5925 of this title] may be cited as the 'Specialty Crops Competitiveness Act of 2004'."

Short Title of 2003 Amendment

Pub. L. 108–161, §1, Dec. 6, 2003, 117 Stat. 2014, provided that: "This Act [enacting section 3151a of this title] may be cited as the 'National Veterinary Medical Service Act'."

Short Title of 1985 Amendment

Pub. L. 99–198, title XIV, §1401, Dec. 23, 1985, 99 Stat. 1542, provided that: "This title [enacting sections 1632, 3224, 3292, 3319a to 3319d, and 4701 to 4710 of this title, amending this section and sections 178c, 342, 343, 390 to 390d, 390f, 390h, 390i, 390j, 2266, 2662, 2663, 3103, 3121 to 3123, 3124a, 3125, 3151, 3152, 3157, 3194 to 3196, 3221 to 3223, 3291, 3311, 3312, 3318, 3319, 3322, 3324, 3335, and 3336 of this title, repealing sections 390e, 390g, 3174, 3177, 3301 to 3304, and 3323 of this title, enacting provisions set out as notes under sections 343, 390, 390c, 3157, 3173, 3292, 3311, 3312, and 4701 of this title, amending provisions set out as a note under section 3222 of this title, and repealing provisions set out as a note under section 2281 of this title] may be cited as the 'National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985'."

Short Title of 1981 Amendment

Pub. L. 97–98, title XIV, §1401, Dec. 22, 1981, 95 Stat. 1294, provided that: "This title [enacting sections 2271, 2661 to 2667, 3124a, 3223, 3317 to 3319, 3321 to 3324, and 3331 to 3336 of this title, amending this section and sections 322, 361c, 390c, 3102, 3103, 3121 to 3124, 3125 to 3128, 3151 to 3154, 3157, 3175, 3177, 3191, 3192, 3194 to 3196, 3221, 3222, 3263, 3282, 3291, 3311, and 3312 of this title, section 5315 of Title 5, Government Organization and Employees, sections 582a, 582a–1, and 582a–3 to 582a–5 of Title 16, Conservation, section 483 of former Title 40, Public Buildings, Property, and Works, and sections 6651 and 8852 of Title 42, The Public Health and Welfare, repealing sections 2670 and 3176 of this title, omitting section 2668 of this title, and enacting provisions set out as notes under sections 2281 and 3176 of this title] may be cited as the 'National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981'."

Short Title of 1935 Amendment

Act June 29, 1935, ch. 338, 49 Stat. 436 (see Tables for classification), is popularly known as the "Agricultural Research Act" and also as the "Bankhead-Jones Act".

Short Title

Pub. L. 95–113, title XIV, §1401, Sept. 29, 1977, 91 Stat. 981, provided that: "This title [enacting this chapter and sections 2669 and 2670 of this title, amending sections 341, 342, 343, 361c, 390 to 390j, 1923, 1942, 2662, 2663, 2667, 3104, and 3157 of this title and section 6651 of Title 42, The Public Health and Welfare, and repealing section 390k of this title] may be cited as the 'National Agricultural Research, Extension, and Teaching Policy Act of 1977'."

Review of Agricultural Research Service

Pub. L. 107–171, title VII, §7404, May 13, 2002, 116 Stat. 457, as amended by Pub. L. 108–11, title II, §2101(b), Apr. 16, 2003, 117 Stat. 589; Pub. L. 110–234, title VII, §7511(c)(7), May 22, 2008, 122 Stat. 1267; Pub. L. 110–246, §4(a), title VII, §7511(c)(7), June 18, 2008, 122 Stat. 1664, 2029, which provided for the establishment of a task force to review the Agricultural Research Service and to evaluate the merits of establishing one or more National Institutes related to food and agricultural science, was repealed by Pub. L. 115–334, title VII, §7506, Dec. 20, 2018, 132 Stat. 4823.

§3102. Additional purposes of agricultural research and extension

The purposes of this chapter are to—

(1) establish firmly the Department of Agriculture as the lead agency in the Federal Government for the food and agricultural sciences, and to emphasize that agricultural research, extension, and teaching are distinct missions of the Department of Agriculture;

(2) undertake the special measures set forth in this chapter to improve the coordination and planning of agricultural research, extension, and teaching programs, identify needs and establish priorities for these programs, assure that national agricultural research, extension, and teaching objectives are fully achieved, and assure that the results of agricultural research are effectively communicated and demonstrated to farmers, processors, handlers, consumers, and all other users who can benefit therefrom;

(3) increase cooperation and coordination in the performance of agricultural research by Federal departments and agencies, the States, State agricultural experiment stations, colleges and universities, and user groups;

(4) enable the Federal Government, the States, colleges and universities, and others to implement needed agricultural research, extension, and teaching programs, through the establishment of new programs and the improvement of existing programs, as provided for in this chapter;

(5) establish a new program of grants for high-priority agricultural research to be awarded on the basis of competition among research workers and all colleges and universities;

(6) establish a new program of grants for facilities and instrumentation used in agricultural research; and

(7) establish a new program of education grants and fellowships to strengthen research, extension, and teaching programs in the food and agricultural sciences, to be awarded on the basis of competition.

(Pub. L. 95–113, title XIV, §1403, Sept. 29, 1977, 91 Stat. 983; Pub. L. 97–98, title XIV, §1403, Dec. 22, 1981, 95 Stat. 1296; Pub. L. 101–624, title XVI, §1602(b), Nov. 28, 1990, 104 Stat. 3705.)

References in Text

This chapter, referred to in text, was in the original this "title", meaning title XIV of Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 981, as amended, which enacted this chapter and sections 2669 and 2670 of this title, amended sections 341, 342, 343, 361c, 390 to 390j, 1923, 1942, 2662, 2663, 2667, 3104, and 3157 of this title and section 6651 of Title 42, The Public Health and Welfare, and repealed section 390k of this title. For complete classification of such title to the Code, see Short Title note set out under section 3101 of this title and Tables.

Amendments

1990Pub. L. 101–624 amended section catchline generally.

1981—Par. (2). Pub. L. 97–98, §1403(1), inserted "extension, and teaching programs," and substituted "these programs" for "such research, assure that high priority research is given adequate funding".

Par. (4). Pub. L. 97–98, §1403(2), substituted "programs through" for "programs, including the initiatives specified in section 3101(8) of this title, through".

Par. (5). Pub. L. 97–98, §1403(3), substituted "among research workers" for "among scientific research workers".

Par. (7). Pub. L. 97–98, §1403(4), substituted "research, extension, and teaching" for "training and research".

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3103. Definitions

When used in this chapter:

(1) The term "Advisory Board" means the National Agricultural Research, Extension, Education, and Economics Advisory Board.

(2) The term "agricultural research" means research in the food and agricultural sciences.

(3) The term "aquaculture" means the propagation and rearing of aquacultural species, including, but not limited to, any species of finfish, mollusk, or crustacean (or other aquatic invertebrate), amphibian, reptile, ornamental fish, or aquatic plant, in controlled or selected environments.

(4) College and university.—

(A) In general.—The terms "college" and "university" mean an educational institution in any State which (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (ii) is legally authorized within such State to provide a program of education beyond secondary education, (iii) provides an educational program for which a bachelor's degree or any other higher degree is awarded, (iv) is a public or other nonprofit institution, and (v) is accredited by a nationally recognized accrediting agency or association.

(B) Inclusions.—The terms "college" and "university" include a research foundation maintained by a college or university described in subparagraph (A).


(5) Cooperating forestry school.—

(A) In general.—The term "cooperating forestry school" means an institution—

(i) that is eligible to receive funds under Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.); and

(ii) with respect to which the Secretary has not received a declaration of the intent of that institution to not be considered a cooperating forestry school.


(B) Termination of declaration.—A declaration of the intent of an institution to not be considered a cooperating forestry school submitted to the Secretary shall be in effect until September 30, 2018.


(6) The term "cooperative extension services" means the organizations established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914 (38 Stat. 372–374, as amended; 7 U.S.C. 341–349), and section 209(b) of the Act of October 26, 1974 (88 Stat. 1428, as amended; D.C. Code, sec. 31–1719(b)).

(7) The term "Department of Agriculture" means the United States Department of Agriculture.

(8) The term "extension" means the informal education programs conducted in the States in cooperation with the Department of Agriculture.

(9) Food and agricultural sciences.—The term "food and agricultural sciences" means basic, applied, and developmental research, extension, and teaching activities in food and fiber, agricultural, renewable energy and natural resources, forestry, and physical and social sciences, including activities relating to the following:

(A) Animal health, production, and well-being.

(B) Plant health and production.

(C) Animal and plant germ plasm collection and preservation.

(D) Aquaculture.

(E) Food safety.

(F) Soil, water, and related resource conservation and improvement.

(G) Forestry, horticulture, and range management.

(H) Nutritional sciences and promotion.

(I) Farm enhancement, including financial management, input efficiency, and profitability.

(J) Home economics.

(K) Rural human ecology.

(L) Youth development and agricultural education, including 4–H clubs.

(M) Expansion of domestic and international markets for agricultural commodities and products, including agricultural trade barrier identification and analysis.

(N) Information management and technology transfer related to agriculture.

(O) Biotechnology related to agriculture.

(P) The processing, distributing, marketing, and utilization of food and agricultural products.


(10) Hispanic-serving agricultural colleges and universities.—

(A) In general.—The term "Hispanic-serving agricultural colleges and universities" means colleges or universities—

(i) that qualify as Hispanic-serving institutions;

(ii) that offer associate, bachelors, or other accredited degree programs in agriculture-related fields; and

(iii) with respect to which the Secretary has not received a declaration of the intent of a college or university to not be considered a Hispanic-serving agricultural college or university.


(B) Exception.—The term "Hispanic-serving agricultural colleges and universities" does not include 1862 institutions (as defined in section 7601 of this title).

(C) Termination of declaration of intent.—A declaration of the intent of a college or university to not be considered a Hispanic-serving agricultural college or university submitted to the Secretary shall be in effect until September 30, 2018.


(11) Hispanic-serving institution.—The term "Hispanic-serving institution" has the meaning given the term in section 1101a of title 20.

(12) Insular area.—The term "insular area" means—

(A) the Commonwealth of Puerto Rico;

(B) Guam;

(C) American Samoa;

(D) the Commonwealth of the Northern Mariana Islands;

(E) the Federated States of Micronesia;

(F) the Republic of the Marshall Islands;

(G) the Republic of Palau; and

(H) the Virgin Islands of the United States.


(13) The term "land-grant colleges and universities" means those institutions eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503–505, as amended; 7 U.S.C. 301–305, 307 and 308), or the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University.

(14) NLGCA institution; non-land-grant college of agriculture.—

(A) In general.—

(i) Definition.—The terms "NLGCA Institution" and "non-land-grant college of agriculture" mean a public college or university offering a baccalaureate or higher degree in the study of agricultural sciences, forestry, or both in any area of study specified in clause (ii).

(ii) Clarification.—For purposes of clause (i), an area of study specified in this clause is any of the following:

(I) Agriculture.

(II) Agricultural business and management.

(III) Agricultural economics.

(IV) Agricultural mechanization.

(V) Agricultural production operations.

(VI) Aquaculture.

(VII) Agricultural and food products processing.

(VIII) Agricultural and domestic animal services.

(IX) Equestrian or equine studies.

(X) Applied horticulture or horticulture operations.

(XI) Ornamental horticulture.

(XII) Greenhouse operations and management.

(XIII) Turf and turfgrass management.

(XIV) Plant nursery operations and management.

(XV) Floriculture or floristry operations and management.

(XVI) International agriculture.

(XVII) Agricultural public services.

(XVIII) Agricultural and extension education services.

(XIX) Agricultural communication or agricultural journalism.

(XX) Animal sciences.

(XXI) Food science.

(XXII) Plant sciences.

(XXIII) Soil sciences.

(XXIV) Forestry.

(XXV) Forest sciences and biology.

(XXVI) Natural resources or conservation.

(XXVII) Natural resources management and policy.

(XXVIII) Natural resource economics.

(XXIX) Urban forestry.

(XXX) Wood science and wood products or pulp or paper technology.

(XXXI) Range science and management.

(XXXII) Agricultural engineering.

(XXXIII) Any other area, as determined appropriate by the Secretary.


(B) Designation.—Not later than 90 days after Feb. 7, 2014, the Secretary shall establish an ongoing process through which public colleges or universities may apply for designation as an NLGCA Institution.

(C) Exclusions.—The terms "NLGCA Institution" and "non-land-grant college of agriculture" do not include any institution designated under—

(i) the Act of July 2, 1862 (commonly known as the "First Morrill Act"; 7 U.S.C. 301 et seq.);

(ii) the Act of August 30, 1890 (commonly known as the "Second Morrill Act") (7 U.S.C. 321 et seq.); or

(iii) the Equity in Educational Land-Grant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 note).


(15) The term "Secretary" means the Secretary of Agriculture of the United States.

(16) State.—The term "State" means—

(A) a State;

(B) the District of Columbia; and

(C) any insular area.


(17) The term "State agricultural experiment stations" means those institutions eligible to receive funds under the Act of March 2, 1887 (24 Stat. 440–442, as amended; 7 U.S.C. 361a–361i).

(18) The term "State cooperative institutions" or "State cooperative agents" means institutions or agents designated by—

(A) the Act of July 2, 1862 (7 U.S.C. 301 et seq.), commonly known as the First Morrill Act;

(B) the Act of August 30, 1890 (7 U.S.C. 321 et seq.), commonly known as the Second Morrill Act, including Tuskegee University;

(C) the Act of March 2, 1887 (7 U.S.C. 361a et seq.), commonly known as the Hatch Act of 1887;

(D) the Act of May 8, 1914 (7 U.S.C. 341 et seq.), commonly known as the Smith-Lever Act;

(E) the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the McIntire-Stennis Act of 1962;

(F) section 3192 of this title; and

(G) subchapters VI, XI, and XII of this chapter.


(19) The term "sustainable agriculture" means an integrated system of plant and animal production practices having a site-specific application that will, over the long-term—

(A) satisfy human food and fiber needs;

(B) enhance environmental quality and the natural resource base upon which the agriculture economy depends;

(C) make the most efficient use of nonrenewable resources and on-farm resources and integrate, where appropriate, natural biological cycles and controls;

(D) sustain the economic viability of farm operations; and

(E) enhance the quality of life for farmers and society as a whole.


(20) Teaching and education.—The terms "teaching" and "education" mean formal classroom instruction, laboratory instruction, and practicum experience in the food and agricultural sciences and matters relating thereto (such as faculty development, student recruitment and services, curriculum development, instructional materials and equipment, and innovative teaching methodologies) conducted by colleges and universities offering baccalaureate or higher degrees.

(Pub. L. 95–113, title XIV, §1404, Sept. 29, 1977, 91 Stat. 983; Pub. L. 97–98, title XIV, §1404, Dec. 22, 1981, 95 Stat. 1297; Pub. L. 99–198, title XIV, §1403, Dec. 23, 1985, 99 Stat. 1544; Pub. L. 101–624, title XVI, §1603, Nov. 28, 1990, 104 Stat. 3705; Pub. L. 102–237, title IV, §402(3), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §§802(b)(1), 815(b), 820(a), 853(b)(1), Apr. 4, 1996, 110 Stat. 1159, 1167, 1168, 1172; Pub. L. 105–185, title II, §§221, 226(c)(1), June 23, 1998, 112 Stat. 537, 543; Pub. L. 107–171, title VII, §7502(a), May 13, 2002, 116 Stat. 463; Pub. L. 110–234, title VII, §7101(a), May 22, 2008, 122 Stat. 1212; Pub. L. 110–246, §4(a), title VII, §7101(a), June 18, 2008, 122 Stat. 1664, 1973; Pub. L. 113–79, title VII, §§7101, 7111(b)(1), Feb. 7, 2014, 128 Stat. 862, 873; Pub. L. 115–334, title VII, §7102(a), Dec. 20, 2018, 132 Stat. 4779.)

References in Text

For definition of "this chapter", referred to in text, see note set out under section 3102 of this title.

Public Law 87–788 or Act of October 10, 1962, referred to in pars. (5)(A)(i) and (18)(E), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.

The Smith-Lever Act of May 8, 1914, referred to in pars. (6) and (18)(D), is act May 8, 1914, ch. 79, 38 Stat. 372, which is classified generally to subchapter IV (§341 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 341 of this title and Tables.

Act of July 2, 1862, 12 Stat. 503, referred to in pars. (13), (14)(C)(ii)(I), and (18)(A), is popularly known as the "Morrill Act" and also as the "First Morrill Act", which is classified generally to subchapter I (§301 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 301 of this title and Tables.

Act of August 30, 1890, 26 Stat. 417, referred to in pars. (13), (14)(C)(ii)(II), and (18)(B), is popularly known as the "Agricultural College Act of 1890" and also as the "Second Morrill Act", which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

The Equity in Educational Land-Grant Status Act of 1994, referred to in par. (14)(C)(ii)(III), is Pub. L. 103–382, title V, part C, Oct. 20, 1994, 108 Stat. 4048, which is set out as a note under section 301 of this title. For complete classification of this Act to the Code, see Tables.

Act of March 2, 1887, referred to in pars. (17) and (18)(C), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, popularly known as the Hatch Act of 1887, which is classified generally to sections 361a to 361i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 361a of this title and Tables.

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

2018—Par. (14)(A). Pub. L. 115–334, §7102(a)(1), amended subpar. (A) generally. Prior to amendment, text read as follows: "The terms 'NLGCA Institution' and 'non-land-grant college of agriculture' mean a public college or university offering a baccalaureate or higher degree in the study of food and agricultural sciences."

Par. (14)(C). Pub. L. 115–334, §7102(a)(2), inserted "any institution designated under" after "include" in introductory provisions, redesignated subcls. (I) to (III) of cl. (ii) as cls. (i) to (iii), respectively, and struck out former cl. (i), which read "Hispanic-serving agricultural colleges and universities; or", introductory provisions of former cl. (ii) which read "any institution designated under—", and subcl. (IV) of former cl. (ii) which read "Public Law 87–788 (commonly known as the 'McIntire-Stennis Cooperative Forestry Act') (16 U.S.C. 582a et seq.)."

2014—Par. (5). Pub. L. 113–79, §7101(1), added par. (5) and struck out former par. (5) which read as follows: "The term 'cooperating forestry schools' means those institutions eligible to receive funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the McIntire-Stennis Act of 1962."

Par. (10)(A). Pub. L. 113–79, §7101(2)(A), struck out "that" after "colleges or universities" in introductory provisions, inserted "that" before "qualify" in cl. (i) and before "offer" in cl. (ii), and added cl. (iii).

Par. (10)(C). Pub. L. 113–79, §7101(2)(B), added subpar. (C).

Par. (14)(A). Pub. L. 113–79, §7101(3)(A), substituted "food and agricultural sciences" for "agriculture or forestry".

Par. (14)(B), (C). Pub. L. 113–79, §7101(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).

Par. (18)(F). Pub. L. 113–79, §7111(b)(1)(A), (D), added subpar. (F). Former subpar. (F) redesignated (G).

Pub. L. 113–79, §7111(b)(1)(B), substituted "subchapters VI," for "subchapters V, VI,".

Par. (18)(G). Pub. L. 113–79, §7111(b)(1)(C), redesignated subpar. (F) as (G).

2008—Par. (4). Pub. L. 110–246, §7101(a)(1), inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A), and added subpar. (B).

Pars. (5) to (8). Pub. L. 110–246, §7101(a)(2), designated pars. (16) and (5) to (7) as (5) to (8), respectively. Former par. (8) redesignated (9).

Par. (9). Pub. L. 110–246, §7101(a)(2), (3), redesignated par. (8) as (9), substituted "renewable energy and natural resources" for "renewable natural resources" in introductory provisions, added subpar. (F), and struck out former subpar. (F) which read as follows: "Soil and water conservation and improvement." Former par. (9) redesignated (11).

Par. (10). Pub. L. 110–246, §7101(a)(4), added par. (10). Former par. (10) redesignated (12).

Par. (11). Pub. L. 110–246, §7101(a)(5), added par. (11) and struck out former par. (11) which read as follows: "The term 'Hispanic-serving institution' has the meaning given the term by section 1059c(b)(1) of title 20."

Pub. L. 110–246, §7101(a)(2), redesignated par. (9) as (11). Former par. (11) redesignated (13).

Pars. (12), (13). Pub. L. 110–246, §7101(a)(2), redesignated pars. (10) and (11) as (12) and (13), respectively. Former pars. (12) and (13) redesignated (15) and (16), respectively.

Par. (14). Pub. L. 110–246, §7101(a)(6), added par. (14). Former par. (14) redesignated (17).

Pars. (15) to (20). Pub. L. 110–246, §7101(a)(2), redesignated pars. (12) to (14), (17), (18), and (15) as (15) to (20), respectively. Former par. (16) redesignated (5).

2002—Pars. (10) to (12). Pub. L. 107–171, §7502(a)(1), (2), redesignated pars. (10) and (11) as (11) and (12), respectively, and added par. (10). Former par. (12) redesignated (13).

Par. (13). Pub. L. 107–171, §7502(a)(3), added par. (13) and struck out former par. (13) which read as follows: "The term 'State' means any one of the fifty States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, the Virgin Islands of the United States, and the District of Columbia."

Pub. L. 107–171, §7502(a)(1), redesignated par. (12) as (13). Former par. (13) redesignated (14).

Pars. (14) to (18). Pub. L. 107–171, §7502(a)(1), redesignated pars. (13) to (17) as (14) to (18), respectively.

1998Pub. L. 105–185, §221(c)(1), substituted "chapter:" for "chapter—" in introductory provisions.

Pars. (1) to (3). Pub. L. 105–185, §221(c)(2), (5), substituted "The term" for "the term" and period for semicolon at end.

Par. (4). Pub. L. 105–185, §221(c)(3), (5), substituted "The terms" for "the terms" and period for semicolon at end.

Pars. (5) to (7). Pub. L. 105–185, §221(c)(2), (5), substituted "The term" for "the term" and period for semicolon at end.

Par. (8). Pub. L. 105–185, §221(a), added par. (8) and struck out former par. (8) which defined term "food and agricultural sciences" in broadest sense of terms, including but not limited to activities relating to agriculture, food processing, forestry, acquaculture, home economics, rural community welfare, youth development, market expansion, improvement of productivity, and international food and agricultural issues.

Par. (9). Pub. L. 105–185, §221(c)(4), (5), substituted "The term" for "the term" after "(9)" and substituted period for semicolon at end.

Par. (10). Pub. L. 105–185, §§221(c)(2), (5), 226(c)(1), substituted "The term" for "the term", "Tuskegee University" for "the Tuskegee Institute", and period for semicolon at end.

Pars. (11) to (13). Pub. L. 105–185, §221(c)(2), (5), substituted "The term" for "the term" and period for semicolon at end.

Par. (14). Pub. L. 105–185, §221(b), (c)(5), inserted par. heading, substituted "The terms 'teaching' and 'education' mean" for "the term 'teaching' means", and substituted period for semicolon at end.

Par. (15). Pub. L. 105–185, §221(c)(2), (5), substituted "The term" for "the term" and period for semicolon at end.

Par. (16). Pub. L. 105–185, §221(c)(2), substituted "The term" for "the term" in introductory provisions.

Par. (16)(B). Pub. L. 105–185, §226(c)(1), substituted "Tuskegee University" for "the Tuskegee Institute".

Par. (16)(F). Pub. L. 105–185, §221(c)(6), substituted period for "; and" at end.

Par. (17). Pub. L. 105–185, §221(c)(2), substituted "The term" for "the term".

1996—Par. (1). Pub. L. 104–127, §802(b)(1), substituted "National Agricultural Research, Extension, Education, and Economics Advisory Board" for "National Agricultural Research and Extension Users Advisory Board".

Par. (3). Pub. L. 104–127, §820(a), inserted "ornamental fish," after "reptile,".

Par. (9). Pub. L. 104–127, §815(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "the term 'Joint Council' means the Joint Council on Food and Agricultural Sciences;".

Pars. (16) to (18). Pub. L. 104–127, §853(b)(1), inserted "and" at end of par. (16), substituted a period for "; and" at end of par. (17), and struck out par. (18) which read as follows: "the term 'Technology Board' means the Agricultural Science and Technology Review Board established in section 3123a of this title."

1991—Par. (18). Pub. L. 102–237 inserted "and" after "Science".

1990—Par. (16)(F). Pub. L. 101–624, §1603(2), inserted reference to subchapter VI of this chapter.

Pars. (17), (18). Pub. L. 101–624, §1603(1), (3), added pars. (17) and (18).

1985—Par. (8)(J). Pub. L. 99–198 added subpar. (J).

1981—Par. (8). Pub. L. 97–98, §1404(1), substituted in provision preceding subpar. (A) "basic, applied, and developmental research, extension, and teaching activities in the food, agricultural, renewable natural resources, forestry, and physical and social sciences, in the broadest sense of these terms, including but not limited to, activities relating to" for "sciences relating to food and agriculture in the broadest sense, including the social, economic, and political considerations of", in subpar. (E) "including consumer affairs, food and nutrition, clothing and textiles, housing, and family well-being and financial management;" for "human nutrition, and family life; and", and in subpar. (F) "community welfare and development" for "and community development", and added subpars. (G) to (I).

Par. (12). Pub. L. 97–98, §1404(2), struck out "except as provided in subchapter VII of this chapter," before "the term" and included within term "State" American Samoa, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.

Par. (14). Pub. L. 97–98, §1404(4), struck out reference to laboratory training, inserted reference to practicum experience and matters relating to formal classroom instruction, laboratory instruction, and practicum experience, and substituted provision that the teaching be conducted at colleges or universities offering baccalaureate or higher degrees for provision that the teaching be conducted at colleges and universities leading to a baccalaureate and other recognized degrees.

Pars. (15), (16). Pub. L. 97–98, §1404(5), added pars. (15) and (16).

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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Construction of 2002 Amendment

Pub. L. 107–171, title VII, §7502(b), May 13, 2002, 116 Stat. 463, provided that: "The amendments made by subsection (a) [amending this section] shall not affect any basis for distribution of funds by formula (in effect on the date of enactment of this Act [May 13, 2002]) to—

"(1) the Federated States of Micronesia;

"(2) the Republic of the Marshall Islands; or

"(3) the Republic of Palau."

Designation Review

Pub. L. 115–334, title VII, §7102(b), Dec. 20, 2018, 132 Stat. 4781, provided that:

"(1) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall establish a process to review each designated NLGCA Institution (as defined in section 1404(14)(A) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure compliance with such section, as amended by this subsection [probably means "as amended by this section"].

"(2) Revocation.—An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked."

§3104. Agriculture research; declaration of policy; duties of Secretary of Agriculture; use of existing facilities

It is declared to be the policy of the Congress to promote the efficient production and utilization of products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum employment and national prosperity. It is also the intent of Congress to assure agriculture a position in research equal to that of industry which will aid in maintaining an equitable balance between agriculture and other sections of our economy. For the attainment of these objectives, the Secretary of Agriculture is authorized and directed to conduct and to stimulate research into the laws and principles underlying the basic problems of agriculture in its broadest aspects, including but not limited to: Research relating to the improvement of the quality of, and the development of new and improved methods of the production, marketing, distribution, processing, and utilization of plant and animal commodities at all stages from the original producer through to the ultimate consumer; research into the problems of human nutrition and the nutritive value of agricultural commodities, with particular reference to their content of vitamins, minerals, amino and fatty acids, and all other constituents that may be found necessary for the health of the consumer and to the gains or losses in nutritive value that may take place at any stage in their production, distribution, processing, and preparation for use by the consumer; research relating to the development of present, new, and extended uses and markets for agricultural commodities and byproducts as food or in commerce, manufacture, or trade, both at home and abroad, with particular reference to those foods and fibers for which our capacity to produce exceeds or may exceed existing economic demand; research to encourage the discovery, introduction, and breeding of new and useful agricultural crops, plants, and animals, both foreign and native, particularly for those crops and plants which may be adapted to utilization in chemical and manufacturing industries; research relating to new and more profitable uses for our resources of agricultural manpower, soils, plants, animals, and equipment than those to which they are now, or may hereafter be, devoted; research relating to the conservation, development, and use of land, forest, and water resources for agricultural purposes; research relating to the design, development, and the more efficient and satisfactory use of farm buildings, farm homes, farm machinery, including the application of electricity and other forms of power; research and development relating to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (including equipment used to dry and cure crops and provide irrigation); applied research to develop agricultural, forestry, and rural energy conservation and biomass energy production and use; research relating to the diversification of farm enterprises, both as to the type of commodities produced, and as to the types of operations performed, on the individual farm; research relating to any other laws and principles that may contribute to the establishment and maintenance of a permanent and effective agricultural industry including such investigations as have for their purpose the development and improvement of the rural home and rural life, and the maximum contribution by agriculture to the welfare of the consumer and the maintenance of maximum employment and national prosperity; and such other researches or experiments bearing on the agricultural industry or on rural homes of the United States as may in each case be deemd 1 advisable, having due regard to the varying conditions and needs of Puerto Rico, the respective States, and Territories. In effectuating the purposes of this section, maximum use shall be made of existing research facilities owned or controlled by the Federal Government or by State agricultural experiment stations and of the facilities of the Federal and State extension services. Research authorized under this section shall be in addition to research provided for under existing law (but both activities shall be coordinated so far as practicable). For purposes of this title,2 the term "solar energy" means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear 3 Energy Research and Development Act of 1974, as amended [42 U.S.C. 5901 et seq.].

(June 29, 1935, ch. 338, title I, §1, 49 Stat. 436; Aug. 14, 1946, ch. 966, title I, §101(1), 60 Stat. 1082; Pub. L. 95–113, title XIV, §1446, Sept. 29, 1977, 91 Stat. 1011; Pub. L. 96–294, title II, §253, June 30, 1980, 94 Stat. 707.)

References in Text

This title, referred to in text, means title I of act June 29, 1935, ch. 338, 49 Stat. 436. For complete classification of this Act to the Code, see Short Title of 1935 Amendment note set out under section 3101 of this title and Tables.

The Federal Nonnuclear Energy Research and Development Act of 1974, as amended, referred to in text, is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is classified generally to chapter 74 (§5901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of Title 42 and Tables.

Codification

Section was formerly classified to section 427 of this title prior to editorial reclassification and renumbering as this section.

Section was enacted as part of act June 29, 1935, ch. 338, popularly known as the "Agricultural Research Act" and also as the "Bankhead-Jones Act", and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

Another section 1446 of Pub. L. 95–113 is classified to section 3222a of this title.

Amendments

1980Pub. L. 96–294 inserted provisions relating to applied research to develop agricultural, forestry, and rural energy conservation and biomass energy production and use.

1977Pub. L. 95–113 inserted reference to research and development relating to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (including equipment used to dry and cure crops and provide irrigation) and inserted definition of "solar energy".

1946—Act Aug. 14, 1946, amended section generally to provide for a greatly augmented research program in order to enable agriculture to attain a position in research comparable to that of other industries.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

Ex. Ord. No. 9310. Transferring Nutrition Functions of Office of Defense Health and Welfare Services to Department of Agriculture

Ex. Ord. No. 9310, Mar. 6, 1943, 8 F.R. 2913, provided:

By virtue of the authority vested in me by Title I of the First War Powers Act, 1941 [former sections 601 to 605 of the former Appendix to Title 50], as President of the United States, and in order to enable the Secretary of Agriculture more effectively to carry out his responsibilities with respect to the Nation's food program, it is hereby ordered:

1. The functions, powers, and duties, with respect to nutrition, (a) of the Office of Defense Health and Welfare Services in the Office for Emergency Management of the Executive Office of the President (including all functions, powers, and duties of the Nutrition Division of the Office of Defense Health and Welfare Services), and (b) of the Director of the Office of Defense Health and Welfare Services, are transferred to the Department of Agriculture and shall be administered under the supervision and direction of the Secretary of Agriculture through such agency or agencies in the Department as the Secretary shall designate.

2. The personnel, property, and records used primarily in the administration of the functions, powers, and duties transferred by this Order are transferred to the Department of Agriculture. So much of the unexpended balances of appropriations, allocations, and other funds available for the use of the Office of Defense Health and Welfare Services in discharging the functions, powers, and duties transferred by this Order, as the Director of the Bureau of the Budget shall determine, shall be transferred to the Department of Agriculture for use in connection with the exercise of the functions, powers, and duties so transferred. In determining the amounts to be transferred hereunder, allowance shall be made for the liquidation of obligations previously incurred against such appropriations, allocations, or other funds.

Franklin D. Roosevelt.      

1 So in original. Probably should be "deemed".

2 See References in Text note below.

3 So in original. Probably should be "Nonnuclear".

§3105. Agricultural research; authorization of additional appropriations; administrative expenses; availability of special research fund

(a) In order to carry out further research on utilization and associated problems in connection with the development and application of present, new, and extended uses of agricultural commodities and products thereof authorized by section 3104 of this title, and to disseminate information relative thereto, and in addition to all other appropriations authorized by this title,1 there is authorized to be appropriated the following sums:

(1) $3,000,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year.

(2) An additional $3,000,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year.

(3) An additional $3,000,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year.

(4) An additional $3,000,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year.

(5) An additional $3,000,000 for the fiscal year ending June 30, 1951, and each subsequent fiscal year.

(6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary.


The Secretary of Agriculture, in accordance with such regulations as he deems necessary, and when in his judgment the work to be performed will be carried out more effectively, more rapidly, or at less cost than if performed by the Department of Agriculture, may enter into contracts with such public or private organizations or individuals as he may find qualified to carry on work under this section without regard to the provisions of section 6101 of title 41, and with respect to such contracts he may make advance progress or other payments without regard to the provisions of section 3324(a) and (b) of title 31. Contracts under this section may be made for work to continue not more than four years from the date of any such contract. Notwithstanding the provisions of section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713),1 any unexpended balances of appropriations properly obligated by contracting with an organization as provided in this subsection may remain upon the books of the Treasury for not more than five fiscal years before being carried to the surplus fund and covered into the Treasury. Research authorized under this subsection shall be conducted so far as practicable at laboratories of the Department of Agriculture. Projects conducted under contract with public and private agencies shall be supplemental to and coordinated with research of these laboratories. Any contracts made pursuant to this authority shall contain requirements making the results of research and investigations available to the public through dedication, assignment to the Government, or such other means as the Secretary shall determine.

(b) In order to carry out further the purposes of section 3104 of this title, other than research on utilization of agricultural commodities and the products thereof, and in addition to all other appropriations authorized by this title,1 there is authorized to be appropriated for cooperative research with the State agricultural experiment stations and such other appropriate agencies as may be mutually agreeable to the Department of Agriculture and the experiment stations concerned, the following sums:

(1) $1,500,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year.

(2) An additional $1,500,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year.

(3) An additional $1,500,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year.

(4) An additional $1,500,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year.

(5) In addition to the foregoing such additional funds beginning with the fiscal year ending June 30, 1951, and thereafter, as the Congress may deem necessary.


(c) The Secretary may incur necessary administrative expenses not to exceed 3 per centum of the amount appropriated in any fiscal year in carrying out this section, including the specific objects of expense enumerated in section 427b 1 of this title.

(d) The "Special research fund, Department of Agriculture," provided by section 427c 1 of this title, shall continue to be available solely for research into laws and principles underlying basic problems of agriculture in its broadest aspects; research relating to the improvement of the quality of, and the development of, new and improved methods of production of, distribution of, and new and extended uses and markets for, agricultural commodities and byproducts and manufactures thereof; and research relating to the conservation, development, and use of land and water resources for agricultural purposes. Such research shall be in addition to research provided for under other law (but both activities shall be coordinated so far as practicable) and shall be conducted by such agencies of the Department of Agriculture as the Secretary of Agriculture may designate or establish.

(e) Appropriations for research work in the Department of Agriculture shall be available for accomplishing such purposes by contract through the means provided in subsection (a) of this section.

(June 29, 1935, ch. 338, title I, §10, as added Aug. 14, 1946, ch. 966, title I, §101(2), 60 Stat. 1085; amended July 28, 1954, ch. 591, 68 Stat. 574.)

References in Text

This title, referred to in subsecs. (a) and (b), means title I of act June 29, 1935, ch. 338, 49 Stat. 436. For complete classification of this Act to the Code, see Short Title of 1935 Amendment note set out under section 3101 of this title and Tables.

Section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713), referred to in subsec. (a), was repealed by act July 6, 1949, ch. 299, §3, 63 Stat. 407.

Section 427b of this title, referred to in subsec. (c), was repealed by act Aug. 11, 1955, ch. 790, §2, 69 Stat. 674.

Section 427c of this title, referred to in subsec. (d), was repealed by act Aug. 11, 1955, ch. 790, §2, 69 Stat. 674.

Codification

Section was formerly classified to section 427i of this title prior to editorial reclassification and renumbering as this section.

Section was enacted as part of act June 29, 1935, ch. 338, popularly known as the "Agricultural Research Act" and also as the "Bankhead-Jones Act", and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

In subsec. (a), "section 6101 of title 41" substituted for "section 3709, Revised Statutes" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (a), "section 3324(a) and (b) of title 31" substituted for "section 3648, Revised Statutes [31 U.S.C. 529]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1954—Subsec. (e). Act July 23, 1954, added subsec. (e).

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

1 See References in Text note below.

SUBCHAPTER II—COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

§3121. Responsibilities of Secretary and Department of Agriculture

The Department of Agriculture is designated as the lead agency of the Federal Government for agricultural research (except with respect to the biomedical aspects of human nutrition concerned with diagnosis or treatment of disease), extension, and teaching in the food and agricultural sciences, and the Secretary, in carrying out the Secretary's responsibilities, shall—

(1) establish jointly with the Secretary of Health and Human Services procedures for coordination with respect to nutrition research in areas of mutual interest;

(2) keep informed of developments in, and the Nation's need for, research, extension, teaching, and manpower development in the food and agricultural sciences and represent such need in deliberations within the Department of Agriculture, elsewhere within the executive branch of the United States Government, and with the several States and their designated land-grant colleges and universities, other colleges and universities, agricultural and related industries, and other interested institutions and groups;

(3) coordinate all agricultural research, extension, and teaching activity conducted or financed by the Department of Agriculture and, to the maximum extent practicable, by other agencies of the executive branch of the United States Government;

(4) take the initiative in establishing coordination of State-Federal cooperative agricultural research, extension, and teaching programs, funded in whole or in part by the Department of Agriculture in each State, through the administrative heads of land-grant colleges and universities and the State directors of agricultural experiment stations and cooperative extension services, and other appropriate program administrators;

(5) consult the Advisory Board and appropriate advisory committees of the Department of Agriculture in the formulation of basic policies, goals, strategies, and priorities for programs of agricultural research, extension, and teaching;

(6) report (as a part of the Department of Agriculture's annual budget submissions) to the House Committee on Agriculture, the House Committee on Appropriations, the Senate Committee on Agriculture, Nutrition, and Forestry, and the Senate Committee on Appropriations actions taken or proposed to support the recommendations of the Advisory Board;

(7) establish appropriate review procedures to assure that agricultural research projects are timely and properly reported and published and that there is no unnecessary duplication of effort or overlapping between agricultural research units;

(8) establish Federal or cooperative multidisciplinary research teams on major agricultural research problems with clearly defined leadership, budget responsibility, and research programs;

(9) in order to promote the coordination of agricultural research of the Department of Agriculture, conduct a continuing inventory of ongoing and completed research projects being conducted within or funded by the Department;

(10) coordinate all agricultural research, extension, and teaching activities conducted or financed by the Department of Agriculture with the periodic renewable resource assessment and program provided for in sections 1601 and 1602 of title 16 and the appraisal and program provided for in sections 2004 and 2005 of title 16;

(11) coordinate the efforts of States, State cooperative institutions, State extension services, the Advisory Board, and other appropriate institutions in assessing the current status of, and developing a plan for, the effective transfer of new technologies, including biotechnology, to the farming community, with particular emphasis on addressing the unique problems of small- and medium-sized farms in gaining information about those technologies; and

(12) establish appropriate controls with respect to the development and use of the application of biotechnology to agriculture.

(Pub. L. 95–113, title XIV, §1405, Sept. 29, 1977, 91 Stat. 985; Pub. L. 97–98, title XIV, §1405, Dec. 22, 1981, 95 Stat. 1298; Pub. L. 99–198, title XIV, §1404, Dec. 23, 1985, 99 Stat. 1544; Pub. L. 101–624, title XVI, §1605(b)(3), Nov. 28, 1990, 104 Stat. 3714; Pub. L. 104–127, title VIII, §§852(b)(1), 853(b)(2), Apr. 4, 1996, 110 Stat. 1171, 1172.)

Amendments

1996—Par. (5). Pub. L. 104–127, §852(b)(1)(A), substituted "Advisory Board" for "Joint Council, Advisory Board,".

Par. (11). Pub. L. 104–127, §852(b)(1)(B), struck out "the Joint Council," before "the Advisory Board".

Par. (12). Pub. L. 104–127, §853(b)(2), struck out ", after coordination with the Technology Board," after "establish".

1990—Par. (12). Pub. L. 101–624 inserted ", after coordination with the Technology Board," after "establish".

1985—Pars. (11), (12). Pub. L. 99–198 added pars. (11) and (12) and struck out former par. (11) which required the Secretary to "take the initiative in overcoming barriers to long-range planning by developing, in conjunction with the States, State cooperative institutions, the Joint Council, the Advisory Board, and other appropriate institutions, a long-term needs assessment for food, fiber, and forest products, and by determining the research requirements necessary to meet the identified needs."

1981—Par. (1). Pub. L. 97–98, §1405(1), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare".

Par. (5). Pub. L. 97–98, §1405(2), substituted "and appropriate advisory" for "and other appropriate advisory".

Par. (6). Pub. L. 97–98, §1405(3), inserted "or proposed".

Pars. (10), (11). Pub. L. 97–98, §1405(4)–(6), added pars. (10) and (11).

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3122. Repealed. Pub. L. 104–127, title VIII, §852(a), Apr. 4, 1996, 110 Stat. 1171

Section, Pub. L. 95–113, title XIV, §1407, Sept. 29, 1977, 91 Stat. 986; Pub. L. 97–98, title XIV, §1407, Dec. 22, 1981, 95 Stat. 1299; Pub. L. 99–198, title XIV, §1405, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 101–624, title XVI, §1604(a), Nov. 28, 1990, 104 Stat. 3706; Pub. L. 102–237, title IV, §§402(1), 407(1), Dec. 13, 1991, 105 Stat. 1863, 1864; Pub. L. 104–66, title I, §1012(d), (e), Dec. 21, 1995, 109 Stat. 712, related to establishment of Joint Council on Food and Agricultural Sciences.

§3123. National Agricultural Research, Extension, Education, and Economics Advisory Board

(a) Establishment

The Secretary shall establish within the Department of Agriculture a board to be known as the "National Agricultural Research, Extension, Education, and Economics Advisory Board".

(b) Membership

(1) In general

The Advisory Board shall consist of 15 members, appointed by the Secretary.

(2) Selection of members

The Secretary shall appoint members of the Advisory Board from nominations submitted by organizations, associations, societies, councils, federations, groups, and companies fitting the criteria specified in paragraph (3).

(3) Membership categories

The Advisory Board shall consist of members from each of the following categories:

(A) 3 members representing national farm or producer organizations, which may include members—

(i) representing farm cooperatives;

(ii) who are producers actively engaged in the production of a food animal commodity and who are recommended by a coalition of national livestock organizations;

(iii) who are producers actively engaged in the production of a plant commodity and who are recommended by a coalition of national crop organizations; or

(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of national aquacultural organizations.


(B) 2 members representing academic or research societies, which may include members representing—

(i) a national food animal science society;

(ii) a national crop, soil, agronomy, horticulture, plant pathology, or weed science society;

(iii) a national food science organization;

(iv) a national human health association; or

(v) a national nutritional science society.


(C) 5 members representing agricultural research, extension, and education, which shall include each of the following:

(i) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.).

(ii) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.

(iii) 1 member representing the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

(iv) 1 member representing NLGCA Institutions or Hispanic-serving institutions.

(v) 1 member representing American colleges of veterinary medicine.


(D) 5 members representing industry, consumer, or rural interests, including members representing—

(i) entities engaged in transportation of food and agricultural products to domestic and foreign markets;

(ii) food retailing and marketing interests;

(iii) food and fiber processors;

(iv) rural economic development interests;

(v) a national consumer interest group;

(vi) a national forestry group;

(vii) a national conservation or natural resource group;

(viii) a national social science association;

(ix) private sector organizations involved in international development; or

(x) a national association of agricultural economists.

(4) Ex officio members

The Secretary, the Under Secretary of Agriculture for Research, Education, and Economics, the Administrator of the Agricultural Research Service, the Director of the National Institute of Food and Agriculture, the Administrator of the Economic Research Service, and the Administrator of the National Agricultural Statistics Service shall serve as ex officio members of the Advisory Board.

(5) Officers

At the first meeting of the Advisory Board each year, the members shall elect from among the members of the Advisory Board a chairperson, vice chairperson, and 7 additional members to serve on the executive committee established under paragraph (6).

(6) Executive committee

The Advisory Board shall establish an executive committee charged with the responsibility of working with the Secretary and officers and employees of the Department of Agriculture to summarize and disseminate the recommendations of the Advisory Board.

(7) Equal representation of public and private sector members

In appointing members to serve on the Advisory Board, the Secretary shall ensure, to the maximum extent practicable, equal representation of public and private sector members.

(c) Duties

The Advisory Board shall—

(1) make recommendations, review, and provide consultation to the Secretary, land-grant colleges and universities, and the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Agriculture, Rural Development and Related Agencies of the Committee on Appropriations of the Senate on—

(A) long-term and short-term national policies and priorities consistent with the—

(i) purposes specified in section 3101 of this title for agricultural research, extension, education, and economics; and

(ii) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of section 3157 of this title;


(B) the annual establishment of national priorities that are in accordance with the priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of section 3157 of this title.


(2) evaluate the results and effectiveness of agricultural research, extension, education, and economics with respect to the policies and priorities and make recommendations to the Secretary based on such evaluation;

(3) review and make recommendations to the Under Secretary of Agriculture for Research, Education, and Economics on the research, extension, education, and economics portion of the draft strategic plan required under section 306 of title 5;

(4) review and make recommendations on the mechanisms of the Department of Agriculture for technology assessment (which should be conducted by qualified professionals) for the purposes of—

(A) performance measurement and evaluation of the implementation by the Secretary of the strategic plan required under section 306 of title 5;

(B) implementation of national research policies and priorities that are consistent with the purposes specified in section 3101 of this title; and

(C) the development of mechanisms for the assessment of emerging public and private agricultural research and technology transfer initiatives; and


(5) consult with industry groups on agricultural research, extension, education, and economics, and make recommendations to the Secretary based on that consultation.

(d) Consultation

(1) Duties of Advisory Board

In carrying out this section, the Advisory Board shall consult with any appropriate agencies of the Department of Agriculture and solicit opinions and recommendations from persons who will benefit from and use federally funded agricultural research, extension, education, and economics.

(2) Duties of Secretary

To comply with a provision of this chapter or any other law that requires the Secretary to consult or cooperate with the Advisory Board or that authorizes the Advisory Board to submit recommendations to the Secretary, the Secretary shall—

(A) solicit the written opinions and recommendations of the Advisory Board; and

(B) provide a written response to the Advisory Board regarding the manner and extent to which the Secretary will implement recommendations submitted by the Advisory Board.

(e) Appointment

A member of the Advisory Board shall be appointed by the Secretary for a term of up to 3 years. The members of the Advisory Board shall be appointed to serve staggered terms.

(f) Federal Advisory Committee Act

The Advisory Board shall be deemed to have filed a charter for the purpose of section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.).

(g) Annual limitation on Advisory Board expenses

(1) Maximum amount

Not more than $500,000 may be used to cover the necessary expenses of the Advisory Board for each fiscal year.

(2) General limitation

The expenses of the Advisory Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture contained in any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after June 23, 1998, unless the appropriation Act specifically refers to this subsection and specifically includes this Advisory Board within the general limitation.

(h) Termination

The Advisory Board shall remain in existence until September 30, 2023.

(Pub. L. 95–113, title XIV, §1408, Sept. 29, 1977, 91 Stat. 988; Pub. L. 97–98, title XIV, §1408, Dec. 22, 1981, 95 Stat. 1300; Pub. L. 99–198, title XIV, §1406, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 101–624, title XVI, §1604(b), Nov. 28, 1990, 104 Stat. 3709; Pub. L. 102–237, title IV, §402(2), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–66, title I, §§1011(t), 1012(f), Dec. 21, 1995, 109 Stat. 710, 712; Pub. L. 104–127, title VIII, §802(a), Apr. 4, 1996, 110 Stat. 1156; Pub. L. 105–185, title II, §222, June 23, 1998, 112 Stat. 538; Pub. L. 107–171, title VII, §§7133, 7209(a), May 13, 2002, 116 Stat. 435, 444; Pub. L. 110–234, title VII, §§7102(a), 7511(c)(8), May 22, 2008, 122 Stat. 1214, 1268; Pub. L. 110–246, §4(a), title VII, §§7102(a), 7511(c)(8), June 18, 2008, 122 Stat. 1664, 1975, 2029; Pub. L. 113–79, title VII, §7102, Feb. 7, 2014, 128 Stat. 863; Pub. L. 115–334, title VII, §7103, Dec. 20, 2018, 132 Stat. 4781.)

References in Text

Act of July 2, 1862, referred to in subsec. (b)(3)(C)(i), is act July 2, 1862, ch. 130, 12 Stat. 503, popularly known as the "Morrill Act" and also as the "First Morrill Act", which is classified generally to subchapter I (§301 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 301 of this title and Tables.

Act of August 30, 1890, referred to in subsec. (b)(3)(C)(ii), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

For definition of "this chapter", referred to in subsec. (d)(2), see note set out under section 3102 of this title.

Section 9 of the Federal Advisory Committee Act, referred to in subsec. (f), is section 9 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

Codification

The authorities provided by each provision of, and each amendment made by, Pub. L. 110–246, as in effect on Sept. 30, 2012, to continue, and the Secretary of Agriculture to carry out the authorities, until the later of Sept. 30, 2013, or the date specified in the provision of, or amendment made by, Pub. L. 110–246, see section 701(a) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

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

2018—Subsec. (b)(1). Pub. L. 115–334, §7103(1)(A), substituted "15" for "25".

Subsec. (b)(3). Pub. L. 115–334, §7103(1)(B), amended par. (3) generally. Prior to amendment, par. (3) provided 25 membership categories of the Advisory Board.

Subsec. (c)(1). Pub. L. 115–334, §7103(2)(A)(i), substituted "make recommendations, review, and" for "review and" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 115–334, §7103(2)(A)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: "long-term and short-term national policies and priorities consistent with the purposes specified in section 3101 of this title for agricultural research, extension, education, and economics; and".

Subsec. (c)(1)(B). Pub. L. 115–334, §7103(2)(A)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the annual establishment of priorities that—

"(i) are in accordance with the purposes specified in a provision of a covered law (as defined in subsection (d) of section 3371 of this title) under which competitive grants (described in subsection (c) of such section) are awarded; and

"(ii) the Board determines are national priorities."

Subsec. (c)(2). Pub. L. 115–334, §7103(2)(B), inserted "and make recommendations to the Secretary based on such evaluation" after "priorities".

Subsec. (c)(4). Pub. L. 115–334, §7103(2)(C), inserted "and make recommendations on" after "review" in introductory provisions.

Subsec. (h). Pub. L. 115–334, §7103(3), substituted "2023" for "2018".

2014—Subsec. (c)(1). Pub. L. 113–79, §7102(b)(1), substituted "Committee on Appropriations of the Senate on—" for "Committee on Appropriations of the Senate on long-term and short-term national policies and priorities, as set forth in section 3101 of this title, relating to agricultural research, extension, education, and economics;" and added subpars. (A) and (B).

Subsec. (c)(4)(B). Pub. L. 113–79, §7102(b)(3)(A), substituted "national research policies and priorities that are consistent with the purposes specified in" for "the national research policies and priorities set forth in".

Subsec. (c)(5). Pub. L. 113–79, §7102(b)(2), (3)(B), (4), added par. (5).

Subsec. (h). Pub. L. 113–79, §7102(a), substituted "2018" for "2012".

2008—Subsec. (b)(1). Pub. L. 110–246, §7102(a)(1)(A), substituted "25" for "31".

Subsec. (b)(3). Pub. L. 110–246, §7102(a)(1)(B), added par. (3) and struck out former par. (3) which related to membership categories and directed that the Advisory Board consist of members from each of the categories listed in former subpars. (A) to (EE).

Subsec. (b)(4). Pub. L. 110–246, §7511(c)(8), substituted "the Director of the National Institute of Food and Agriculture" for "the Administrator of the Cooperative State Research, Education, and Extension Service".

Subsec. (g)(1). Pub. L. 110–246, §7102(a)(2), substituted "$500,000" for "$350,000".

Subsec. (h). Pub. L. 110–246, §7102(a)(3), substituted "2012" for "2007".

2002—Subsec. (b)(1). Pub. L. 107–171, §7209(a)(1), substituted "31 members" for "30 members".

Subsec. (b)(3)(R) to (EE). Pub. L. 107–171, §7209(a)(2), added subpar. (R) and redesignated former subpars. (R) to (DD) as (S) to (EE), respectively.

Subsec. (c)(1). Pub. L. 107–171, §7209(a)(3), substituted "Secretary, land-grant colleges and universities, and the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Agriculture, Rural Development and Related Agencies of the Committee on Appropriations of the Senate" for "Secretary and land-grant colleges and universities".

Subsec. (d)(1). Pub. L. 107–171, §7209(a)(4), inserted "consult with any appropriate agencies of the Department of Agriculture and" after "The Advisory Board shall".

Subsec. (h). Pub. L. 107–171, §7133, substituted "2007" for "2002".

1998—Subsec. (b)(7). Pub. L. 105–185, §222(a), added par. (7).

Subsec. (d). Pub. L. 105–185, §222(b), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsecs. (g), (h). Pub. L. 105–185, §222(c), added subsec. (g) and redesignated former subsec. (g) as (h).

1996Pub. L. 104–127 amended section generally, substituting present provisions for provisions which established National Agricultural Research and Extension Users Advisory Board and provided for membership, chairperson and vice-chairperson, meetings, panels of the Board, responsibilities of the Board, reports by the Board, and a report by the Secretary of Agriculture on manner in which recommendations of Board had been incorporated into programs of Department of Agriculture.

1995—Subsec. (g)(1). Pub. L. 104–66, §1012(f), inserted "may provide" before "a written report" in first sentence.

Subsec. (g)(2), (3). Pub. L. 104–66, §1011(t), redesignated par. (3) as (2) and struck out former par. (2) which required Advisory Board to submit to the President and congressional committees a report containing appraisal by Board of President's proposed budget for food and agricultural sciences and recommendations of Secretary.

1991—Subsec. (e). Pub. L. 102–237, §402(2)(A), substituted "Government" for "government".

Subsec. (g)(1). Pub. L. 102–237, §402(2)(B), substituted "federally" for "Federally".

1990Pub. L. 101–624 amended section generally, substituting present provisions for provisions which established National Agricultural Research and Extension Users Advisory Board to expire on Sept. 30, 1990, authorized membership of Board at 25 representatives, provided for selection of chairman and vice-chairman, provided for meetings at least once during each three month period, authorized establishment of panels to assist Board in meeting its responsibilities, and outlined general and specific responsibilities of Board, including the submission of reports.

1985—Subsec. (a). Pub. L. 99–198, §1406(a), substituted "1990" for "1985".

Subsec. (f)(2)(G). Pub. L. 99–198, §1406(b), added subpar. (G).

1981—Subsec. (a). Pub. L. 97–98, §1408(a), substituted "that expires September 30, 1985" for "of five years".

Subsec. (b). Pub. L. 97–98, §1408(b), in provision preceding par. (1) substituted "twenty-five" for "twenty-one" and inserted "to serve staggered terms" and in par. (1) substituted "eight" for "four" and "agricultural, forestry, and aquacultural products, from various geographical regions" for "agricultural commodities, forest products, and aquacultural products".

Subsec. (f)(2)(E). Pub. L. 97–98, §1408(c)(1), substituted "July 1" for "October 1".

Subsec. (f)(2)(F). Pub. L. 97–98, §1408(c)(2), substituted "February 20 of" for "March 1 of".

Change of Name

Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate changed to Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate.

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)(8) 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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Effect of 2008 Amendment on Terms

Pub. L. 110–234, title VII, §7102(b), May 22, 2008, 122 Stat. 1215, and Pub. L. 110–246, §4(a), title VII, §7102(b), June 18, 2008, 122 Stat. 1664, 1976, provided that: "Nothing in this section [amending this section] or any amendment made by this section affects the term of any member of the National Agricultural Research, Extension, Education, and Economics Advisory Board serving as of the date of enactment of this Act [June 18, 2008]."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

§3123a. Specialty crop committee

(a) Establishment

(1) In general

Not later than 90 days after December 21, 2004, the executive committee of the Advisory Board shall establish, and appoint the initial members of, a permanent specialty crops committee that will be responsible for studying the scope and effectiveness of research, extension, and economics programs affecting the specialty crop industry.

(2) Citrus disease subcommittee

(A) In general

Not later than 45 days after February 7, 2014, the Secretary shall establish within the specialty crops committee, and appoint the initial members of, a citrus disease subcommittee to carry out the responsibilities of the subcommittee described in subsection (g) in accordance with subsection (j)(3) of section 7632 of this title.

(B) Composition

The citrus disease subcommittee shall be composed of 11 members, each of whom is a domestic producer of citrus in a State, represented as follows:

(i) Five of such members shall represent Arizona or California.

(ii) Five of such members shall represent Florida.

(iii) One of such members shall represent Texas.

(C) Membership

The Secretary may appoint individuals who are not members of the specialty crops committee or the Advisory Board established under section 3123 of this title as members of the citrus disease subcommittee 1

(D) Termination

The subcommittee established under subparagraph (A) shall terminate on September 30, 2023.

(E) Federal Advisory Committee Act

The subcommittee established under subparagraph (A) shall be covered by the exemption to section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.) applicable to the Advisory Board under section 3123(f) of this title.

(b) Members

(1) Eligibility

Individuals who are not members of the Advisory Board may be appointed as members of the specialty crops committee.

(2) Service

Members of the specialty crops committee shall serve at the discretion of the executive committee.

(3) Diversity

Membership of the specialty crops committee shall reflect diversity in the specialty crops represented.

(c) Annual committee report

Not later than 180 days after the establishment of the specialty crops committee, and annually thereafter, the specialty crops committee shall submit to the Advisory Board a report containing the findings of its study under subsection (a). The specialty crops committee shall include in each report recommendations regarding the following:

(1) Programs designed to improve the efficiency, productivity, and profitability of specialty crop production in the United States.

(2) Research, extension, and teaching programs designed to improve competitiveness in the specialty crop industry, including programs that would—

(A) enhance the quality and shelf-life of fresh fruits and vegetables, including their taste and appearance;

(B) develop new crop protection tools and expand the applicability and cost-effectiveness of integrated pest management;

(C) prevent the introduction of foreign invasive pests and diseases;

(D) develop new products and new uses of specialty crops, including improving the quality and taste of processed specialty crops;

(E) develop new and improved marketing tools for specialty crops;

(F) enhance food safety regarding specialty crops;

(G) improve the remote sensing and the mechanization of production practices; and

(H) enhance irrigation techniques used in specialty crop production.


(3) Analyses of changes in macroeconomic conditions, technologies, and policies on specialty crop production and consumption, with particular focus on the effect of those changes on the financial stability of producers.

(4) Development of data that provide applied information useful to specialty crop growers, their associations, and other interested beneficiaries in evaluating that industry from a regional and national perspective.

(5) Analysis of the alignment of specialty crops committee recommendations with grants awarded through the specialty crop research initiative established under section 7632 of this title.

(d) Consultation with specialty crop industry

In studying the scope and effectiveness of programs under subsection (a), the specialty crops committee shall consult on an ongoing basis with diverse sectors of the specialty crop industry.

(e) Consideration by Secretary

In preparing the annual budget recommendations for the Department of Agriculture, the Secretary shall take into consideration those findings and recommendations contained in the most-recent report of the specialty crops committee that are adopted by the Advisory Board.

(f) Annual report by Secretary

In the budget material submitted to Congress by the Secretary in connection with the budget submitted pursuant to section 1105 of title 31 for a fiscal year, the Secretary shall include a report describing how the Secretary addressed each recommendation of the specialty crops committee described in subsection (e).

(g) Citrus disease subcommittee duties

For the purposes of subsection (j) of section 7632 of this title, the citrus disease subcommittee shall—

(1) advise the Secretary on citrus research, extension, and development needs;

(2) propose, by a favorable vote of two-thirds of the members of the subcommittee, a research and extension agenda and annual budgets for the funds made available to carry out such subsection;

(3) evaluate and review ongoing research and extension funded under the emergency citrus disease research and extension program (as defined in such subsection);

(4) establish, by a favorable vote of two-thirds of the members of the subcommittee, annual priorities for the award of grants under such subsection;

(5) provide the Secretary any comments on grants awarded under such subsection during the previous fiscal year; and

(6) engage in regular consultation and collaboration with the Department and other institutional, governmental, and private persons conducting scientific research on, and extension activities related to, the causes or treatments of citrus diseases and pests, both domestic and invasive, for purposes of—

(A) maximizing the effectiveness of research and extension projects funded under the citrus disease research and extension program;

(B) hastening the development of useful treatments;

(C) avoiding duplicative and wasteful expenditures; and

(D) providing the Secretary with such information and advice as the Secretary may request.

(Pub. L. 95–113, title XIV, §1408A, as added Pub. L. 108–465, title III, §303, Dec. 21, 2004, 118 Stat. 3885; amended Pub. L. 110–234, title VII, §7103, May 22, 2008, 122 Stat. 1215; Pub. L. 110–246, §4(a), title VII, §7103, June 18, 2008, 122 Stat. 1664, 1976; Pub. L. 113–79, title VII, §7103, Feb. 7, 2014, 128 Stat. 864; Pub. L. 115–334, title VII, §7104, Dec. 20, 2018, 132 Stat. 4783.)

References in Text

Section 9 of the Federal Advisory Committee Act, referred to in subsec. (a)(2)(E), is section 9 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

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.

Prior Provisions

A prior section 3123a, Pub. L. 95–113, title XIV, §1408A, as added Pub. L. 101–624, title XVI, §1605(a), Nov. 28, 1990, 104 Stat. 3711; amended Pub. L. 102–237, title IV, §402(3), (4), Dec. 13, 1991, 105 Stat. 1863, related to establishment of Agricultural Science and Technology Review Board, prior to repeal by Pub. L. 104–127, title VIII, §853(a), Apr. 4, 1996, 110 Stat. 1172.

Amendments

2018—Subsec. (a)(2)(A). Pub. L. 115–334, §7104(1), substituted "specialty" for "speciality".

Subsec. (a)(2)(B). Pub. L. 115–334, §7104(2)(A), substituted "11" for "9" in introductory provisions.

Subsec. (a)(2)(B)(i). Pub. L. 115–334, §7104(2)(B), substituted "Five" for "Three".

Subsec. (a)(2)(D). Pub. L. 115–334, §7104(3), substituted "2023" for "2018".

2014—Subsec. (a). Pub. L. 113–79, §7103(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (b). Pub. L. 113–79, §7103(b), designated first sentence of existing provisions as par. (1) and second sentence as par. (2), inserted headings, and added par. (3).

Subsec. (c)(1). Pub. L. 113–79, §7103(c)(1), substituted "Programs" for "Measures".

Subsec. (c)(2). Pub. L. 113–79, §7103(c)(4)(A), substituted "Research, extension, and teaching programs designed to improve competitiveness in the specialty crop industry, including programs that would" for "Programs that would" in introductory provisions.

Pub. L. 113–79, §7103(c)(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Measures designed to improve competitiveness in research, extension, and economics programs affecting the specialty crop industry."

Subsec. (c)(2)(D). Pub. L. 113–79, §7103(c)(4)(B), inserted ", including improving the quality and taste of processed specialty crops" before semicolon at end.

Subsec. (c)(2)(G). Pub. L. 113–79, §7103(c)(4)(C), inserted "the remote sensing and the" before "mechanization".

Subsec. (c)(3), (4). Pub. L. 113–79, §7103(c)(3), redesignated pars. (4) and (5) as (3) and (4), respectively.

Subsec. (c)(5). Pub. L. 113–79, §7103(c)(5), added par. (5). Former par. (5) redesignated (4).

Subsecs. (d), (e). Pub. L. 113–79, §7103(d)(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (f). Pub. L. 113–79, §7103(d)(1), (3), redesignated subsec. (e) as (f) and substituted "subsection (e)" for "subsection (d)".

Subsec. (g). Pub. L. 113–79, §7103(e), added subsec. (g).

2008—Subsec. (c)(4), (5). Pub. L. 110–246, §7103, added pars. (4) and (5).

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.

1 So in original. Probably should be followed by a period.

§3123b. Repealed. Pub. L. 115–334, title VII, §7105, Dec. 20, 2018, 132 Stat. 4783

Section, Pub. L. 95–113, title XIV, §1408B, as added Pub. L. 110–234, title VII, §7104, May 22, 2008, 122 Stat. 1216, and Pub. L. 110–246, §4(a), title VII, §7104, June 18, 2008, 122 Stat. 1664, 1977, related to the establishment of a renewable energy committee.

§3124. Existing research programs

It is the intent of Congress in enacting this chapter to augment, coordinate, and supplement the planning, initiation, and conduct of agricultural research programs existing prior to September 29, 1977, except that it is not the intent of Congress in enacting this title to limit the authority of the Secretary of Health and Human Services under any Act which the Secretary of Health and Human Services administers.

(Pub. L. 95–113, title XIV, §1409, Sept. 29, 1977, 91 Stat. 989; Pub. L. 97–98, title XIV, §1409, Dec. 22, 1981, 95 Stat. 1301.)

References in Text

For definition of "this chapter", referred to in text, see note set out under section 3102 of this title.

Amendments

1981Pub. L. 97–98 substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare" in two places.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3124a. Federal-State partnership and coordination

(a) Covered programs; statement of purposes

A unique partnership arrangement exists in food and agricultural research, extension, and teaching between the Federal Government and the governments of the several States whereby the States have accepted and have supported, through legislation and appropriations—

(1) research programs under—

(A) the Act of March 2, 1887 (7 U.S.C. 361a et seq.), commonly known as the Hatch Act of 1887;

(B) the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the McIntire-Stennis Act of 1962;

(C) subchapter V of this chapter; and

(D) subchapter VI of this chapter;


(2) extension programs under subchapter VI of this chapter and the Act of May 8, 1914 (7 U.S.C. 341 et seq.), commonly known as the Smith-Lever Act;

(3) teaching programs under—

(A) the Act of July 2, 1862 (7 U.S.C. 301 et seq.), commonly known as the First Morrill Act;

(B) the Act of August 30, 1890 (7 U.S.C. 321 et seq.), commonly known as the Second Morrill Act; and

(C) the Act of June 29, 1935 (7 U.S.C. 329), commonly known as the Bankhead-Jones Act; and


(4) international agricultural programs under title XII of the Foreign Assistance Act of 1961 (22 U.S.C. 2220a et seq.).


This partnership in publicly supported agricultural research, extension, and teaching involving the programs of Federal agencies and the programs of the States has played a major role in the outstanding successes achieved in meeting the varied, dispersed, and in many cases, site-specific needs of American agriculture. This partnership must be preserved and enhanced.

(b) Establishment, etc., of cooperative centers

In order to promote research and education in food and human nutrition, the Secretary may establish cooperative human nutrition centers to focus resources, facilities, and scientific expertise on particular high priority nutrition problems identified by the Department. Such centers shall be established at State cooperative institutions; and at other colleges and universities, having a demonstrable capacity to carry out human nutrition research and education.

(c) Designation of State cooperative institutions; reports; research grants

(1) To promote research for purposes of developing agricultural policy alternatives, the Secretary is encouraged—

(A) to designate at least one State cooperative institution to conduct research in an interdisciplinary fashion; and

(B) to report on a regular basis with respect to the effect of emerging technological, economic, sociological, and environmental developments on the structure of agriculture.


(2) Support for this effort should include grants to examine the role of various food production, processing, and distribution systems that may primarily benefit small- and medium-sized family farms, such as diversified farm plans, energy, water, and soil conservation technologies, direct and cooperative marketing, production and processing cooperatives, and rural community resource management.

(d) Designation of State agricultural experiment stations and Agricultural Research Service facilities; pilot projects; additional research

To address more effectively the critical need for reducing farm input costs, improving soil, water, and energy conservation on farms and in rural areas, using sustainable agricultural methods, adopting alternative processing and marketing systems, and encouraging rural resources management, the Secretary is encouraged to designate at least one State agricultural experiment station and one Agricultural Research Service facility to examine these issues in an integrated and comprehensive manner, while conducting ongoing pilot projects contributing additional research through the Federal-State partnership.

(e) Applicability of Federal Advisory Committee Act

(1) Public meetings

All meetings of any entity described in paragraph (3) shall be publicly announced in advance and shall be open to the public. Detailed minutes of meetings and other appropriate records of the activities of such an entity shall be kept and made available to the public on request.

(2) Exemption

The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of this Act [7 U.S.C. 2281 et seq.] shall not apply to any entity described in paragraph (3).

(3) Entities described

This subsection shall apply to any committee, board, commission, panel, or task force, or similar entity that—

(A) is created for the purpose of cooperative efforts in agricultural research, extension, or teaching; and

(B) consists entirely of—

(i) full-time Federal employees; and

(ii) one or more individuals who are employed by, or are officials of—

(I) a State cooperative institution or State cooperative agency; or

(II) a public college or university or other postsecondary institution.

(Pub. L. 95–113, title XIV, §1409A, as added Pub. L. 97–98, title XIV, §1410(a), Dec. 22, 1981, 95 Stat. 1301; amended Pub. L. 99–198, title XIV, §1407, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 101–624, title XVI, §1601(f)(1)(B), Nov. 28, 1990, 104 Stat. 3704; Pub. L. 104–127, title VIII, §803, Apr. 4, 1996, 110 Stat. 1159.)

References in Text

Act of March 2, 1887, referred to in subsec. (a)(1)(A), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, popularly known as the Hatch Act of 1887, which is classified generally to sections 361a to 361i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 361a of this title and Tables.

Act of October 10, 1962, referred to in subsec. (a)(1)(B), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.

Act of May 8, 1914, referred to in subsec. (a)(2), is act May 8, 1914, ch. 79, 38 Stat. 372, as amended, popularly known as the Smith-Lever Act, which is classified generally to subchapter IV (§341 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 341 of this title and Tables.

Act of July 2, 1862, referred to in subsec. (a)(3)(A), is act July 2, 1862, ch. 130, 12 Stat. 503, popularly known as the "Morrill Act" and also as the "First Morrill Act", which is classified generally to subchapter I (§301 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 301 of this title and Tables.

Act of August 30, 1890, referred to in subsec. (a)(3)(B), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Act of June 29, 1935, referred to in subsec. (a)(3)(C), is act June 29, 1935, ch. 338, 49 Stat. 436, popularly known as the Bankhead-Jones Act and as the Agricultural Research Act. For complete classification of this Act to the Code, see Short Title of 1935 Amendment note under section 3101 of this title and Tables.

The Foreign Assistance Act of 1961, referred to in subsec. (a)(4), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Title XII of the Foreign Assistance Act of 1961 probably means title XII of chapter 2 of part I of the Act, which is classified generally to subpart XII (§2220a et seq.) of part II of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

The Federal Advisory Committee Act, referred to in subsec. (e)(2), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Title XVIII of this Act, referred to in subsec. (e)(2), is title XVIII of the Food and Agriculture Act of 1977, Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 1041, as amended, which is classified generally to chapter 55A (§2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables.

Amendments

1996—Subsec. (e). Pub. L. 104–127 added subsec. (e).

1990—Subsecs. (c) to (e). Pub. L. 101–624 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: "In order to meet the increasing needs of consumers and to promote the health and welfare of people, the Secretary shall ensure that the cooperative research, extension, and teaching programs of the various States adequately address the challenges described in paragraph (10) of section 3101 of this title. The Secretary may implement new cooperative initiatives in home economics and related disciplines to address such challenges."

1985—Subsec. (a)(4). Pub. L. 99–198, §1407(a), added par. (4).

Subsecs. (d), (e). Pub. L. 99–198, §1407(b), added subsecs. (d) and (e).

Effective Date

Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title.

§3125. Annual report of Secretary of Agriculture to President and Congress

The Secretary shall submit to the President and Congress by January 1 of each year a report on the Nation's agricultural research, extension, and teaching activities, and such report shall include—

(1) a review covering the following three categories of activities of the Department of Agriculture with respect to agricultural research, extension, and teaching activities and the relationship of these activities to similar activities of other departments and agencies of the Federal Government, the States, colleges and universities, and the private sector—

(A) a current inventory of such activities organized by statutory authorization and budget outlay;

(B) a current inventory of such activities organized by field of basic and applied science; and

(C) a current inventory of such activities organized by commodity and product category;


(2) any recommendations of the Advisory Board; and

(3) in the second and succeeding years, a five-year projection of national priorities with respect to agricultural research, extension, and teaching, taking into account both domestic and international needs.

(Pub. L. 95–113, title XIV, §1410, Sept. 29, 1977, 91 Stat. 989; Pub. L. 97–98, title XIV, §1411, Dec. 22, 1981, 95 Stat. 1302; Pub. L. 99–198, title XIV, §1408, Dec. 23, 1985, 99 Stat. 1546; Pub. L. 101–624, title XVI, §1605(b)(4), Nov. 28, 1990, 104 Stat. 3714; Pub. L. 104–127, title VIII, §§802(b)(2), 852(b)(2), 853(b)(3), Apr. 4, 1996, 110 Stat. 1159, 1171, 1172.)

Amendments

1996—Par. (2). Pub. L. 104–127 substituted "any recommendations of the Advisory Board" for "the recommendations of the Joint Council developed under section 3122(f) of this title, the recommendations of the Advisory Board developed under section 3123(g) of this title, and the recommendations of the Technology Board developed under section 3123a(d) of this title".

1990—Par. (2). Pub. L. 101–624 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "the statements of recommendations of the Joint Council developed pursuant to the provisions of section 3122(d)(2)(G) of this title and the statement of recommendations of the Advisory Board developed pursuant to the provisions of section 3123(f)(2)(E) of this title; and".

1985—Par. (4). Pub. L. 99–198 struck out par. (4) which provided for inclusion "in the report of January 1, 1984, the Secretary's needs assessment developed pursuant to the provisions of section 3121(11) of this title".

1981Pub. L. 97–98 substituted in provision preceding par. (1) "January 1" for "February 1" and added par. (4).

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of this section relating to submittal to Congress of annual report on agricultural research, extension, and teaching activities, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 44 of House Document No. 103–7.

§3125a. National Agricultural Library

(a) Purpose

The purpose of this section is to consolidate and expand the statutory authority for the operation of the library of the Department of Agriculture established pursuant to section 2201 of this title as the primary agricultural information resource of the United States.

(b) Establishment

There is established in the Department of Agriculture the National Agricultural Library to serve as the primary agricultural information resource of the United States.

(c) Director

The Secretary shall appoint a Director for the National Agricultural Library who shall be subject to the direction of the Secretary.

(d) Functions of Director

The Director may—

(1) acquire, preserve, and manage information and information products and services in all phases of agriculture and allied sciences;

(2) organize agricultural information and information products and services by cataloging, indexing, bibliographical listing, and other appropriate techniques;

(3) provide agricultural information and information products and services to agencies of the Department of Agriculture and the Federal Government, public and private organizations, and individuals, within the United States and internationally;

(4) plan for, coordinate, and evaluate information and library needs related to agricultural research and education;

(5) cooperate with and coordinate efforts among agricultural college and university libraries, in conjunction with private industry and other agricultural library and information centers, toward the development of a comprehensive agricultural library and information network; and

(6) coordinate the development of specialized subject information services among the agricultural and library information communities.

(e) Library products and services

The Director may—

(1) make copies of the bibliographies prepared by the National Agricultural Library;

(2) make microforms and other reproductions of books and other library materials in the Department;

(3) provide any other library and information products and services; and

(4) sell those products and services at such prices (not less than the estimated total cost of disseminating the products and services) as the Secretary may determine appropriate.

(f) Receipts

Funds received from sales under subsection (e) shall be deposited in the Treasury of the United States to the credit of the applicable appropriation and shall remain available until expended.

(g) Agreements

(1) In general

The Director may enter into agreement with, and receive funds from any State, and other political subdivision, organization, business, or individual for the purpose of conducting activities to carry out this section.

(2) Funds

Funds received under this subsection for payments for library products and services or other activities shall be deposited to the miscellaneous contributed fund account, and shall remain available until expended.

(h) Authorization of appropriations

There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this section.

(Pub. L. 95–113, title XIV, §1410A, as added Pub. L. 101–624, title XVI, §1606(a), Nov. 28, 1990, 104 Stat. 3714.)

Enhanced Use Lease Authority Program

Pub. L. 103–354, title III, §308, as added by Pub. L. 110–234, title VII, §7409, May 22, 2008, 122 Stat. 1252, and Pub. L. 110–246, §4(a), title VII, §7409, June 18, 2008, 122 Stat. 1664, 2014; Pub. L. 113–79, title VII, §§7511, 7605, Feb. 7, 2014, 128 Stat. 901, 912; Pub. L. 115–334, title VII, §7601, Dec. 20, 2018, 132 Stat. 4825, provided that:

"(a) Establishment.—To enhance the use of real property administered by agencies of the Department, the Secretary may establish a program, in accordance with this section, at the Beltsville Agricultural Research Center of the Agricultural Research Service and the National Agricultural Library to lease nonexcess property of the Center or the Library to any individual or entity, including agencies or instrumentalities of State or local governments.

"(b) Requirements.—

"(1) In general.—Notwithstanding chapter 5 of subtitle I of title 40, United States Code, the Secretary may lease real property at the Beltsville Agricultural Research Center or the National Agricultural Library in accordance with such terms and conditions as the Secretary may prescribe, if the Secretary determines that the lease—

"(A) is consistent with, and will not adversely affect, the mission of the Department agency administering the property;

"(B) will enhance the use of the property;

"(C) will not permit any portion of Department agency property or any facility of the Department to be used for the public retail or wholesale sale of merchandise or residential development;

"(D) will not permit the construction or modification of facilities financed by non-Federal sources to be used by an agency, except for incidental use; and

"(E) will not include any property or facility required for any Department agency purpose without prior consideration of the needs of the agency.

"(2) Term.—The term of a lease under this section shall not exceed 30 years.

"(3) Consideration.—

"(A) In general.—Consideration provided for a lease under this section shall be—

"(i) in an amount equal to fair market value, as determined by the Secretary; and

"(ii) in the form of cash.

"(B) Use of funds.—

"(i) In general.—Consideration provided for a lease under this section shall be—

     "(I) deposited in a capital asset account to be established by the Secretary; and

     "(II) available until expended, without further appropriation, for maintenance, capital revitalization, and improvements of the Department properties and facilities at the Beltsville Agricultural Research Center and National Agricultural Library.

"(ii) Budgetary treatment.—For purposes of the budget, the amounts described in clause (i) shall not be treated as a receipt of any Department agency or any other agency leasing property under this section.

"(4) Costs.—The lessee shall cover all costs associated with a lease under this section, including the cost of—

"(A) the project to be carried out on property or at a facility covered by the lease;

"(B) provision and administration of the lease;

"(C) construction of any needed facilities;

"(D) provision of applicable utilities; and

"(E) any other facility cost normally associated with the operation of a leased facility.

"(5) Prohibition of use of appropriations.—The Secretary shall not use any funds made available to the Secretary in an appropriations Act for the construction or operating costs of any space covered by a lease under this section.

"(6) Termination of authority.—This section and the authority provided by this section terminate—

"(A) on September 30, 2023; or

"(B) with respect to any particular leased property, on the date of termination of the lease.

"(c) Effect of Other Laws.—

"(1) Utilization.—Property that is leased pursuant to this section shall not be considered to be unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act [now the McKinney-Vento Homeless Assistance Act] (42 U.S.C. 11411).

"(2) Disposal.—Property at the Beltsville Agricultural Research Center or the National Agricultural Library that is leased pursuant to this section shall not be considered to be disposed of by sale, lease, rental, excessing, or surplusing for purposes of section 523 of Public Law 100–202 (101 Stat. 1329–417).

"(d) Administration.—

"(1) In general.—Not later than 90 days after the date of enactment of this section [June 18, 2008], the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes detailed management objectives and performance measurements by which the Secretary intends to evaluate the success of the program under this section.

"(2) Reports.—Not later than September 30, 2021, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of the program under this section, including—

"(A) a copy of each lease entered into pursuant to this section; and

"(B) an assessment by the Secretary of the success of the program using the management objectives and performance measurements developed by the Secretary."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

§3125a–1. Agricultural and food law research, legal tools, and information

(a) Partnerships

The Secretary of Agriculture, acting through the National Agricultural Library, shall support the dissemination of objective, scholarly, and authoritative agricultural and food law research, legal tools, and information by entering into cooperative agreements with institutions of higher education (as defined in section 1001 of title 20) that on February 7, 2014, are carrying out objective programs for research, legal tools, and information in agricultural and food law.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2014 and each fiscal year thereafter.

(Pub. L. 113–79, title VII, §7603, Feb. 7, 2014, 128 Stat. 911.)

Codification

Section was enacted as part of the Agricultural Act of 2014, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

§3125b. National Rural Information Center Clearinghouse

(a) Establishment

The Secretary shall establish, within the National Agricultural Library, in coordination with the National Institute of Food and Agriculture, a National Rural Information Center Clearinghouse (in this section referred to as the "Clearinghouse") to perform the functions specified in subsection (b).

(b) Functions

The Clearinghouse shall provide and distribute information and data to any industry, organization, or Federal, State, or local government entity, on request, about programs and services provided by Federal, State, and local agencies and private nonprofit organizations and institutions under which individuals residing in, or organizations and State and local government entities operating in, a rural area may be eligible for any kind of assistance, including job training, education, health care, and economic development assistance, and emotional and financial counseling. To the extent possible, the National Agricultural Library shall use telecommunications technology to disseminate information to rural areas.

(c) Federal agencies

On request of the Secretary, the head of a Federal agency shall provide to the Clearinghouse such information as the Secretary may request to enable the Clearinghouse to carry out subsection (b).

(d) State and local agencies and nonprofit organizations

The Secretary shall request State and local governments and private nonprofit organizations and institutions to provide to the Clearinghouse such information as such agencies and organizations may have about any program or service of such agencies, organizations, and institutions under which individuals residing in a rural area may be eligible for any kind of assistance, including job training, educational, health care, and economic development assistance, and emotional and financial counseling.

(e) Limitation on authorization of appropriations

To carry out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 1991 through 2023.

(Pub. L. 101–624, title XXIII, §2381, Nov. 28, 1990, 104 Stat. 4049; Pub. L. 104–127, title VIII, §842, Apr. 4, 1996, 110 Stat. 1170; Pub. L. 105–185, title III, §301(b)(3), June 23, 1998, 112 Stat. 563; Pub. L. 107–171, title VII, §7101, May 13, 2002, 116 Stat. 431; Pub. L. 110–234, title VII, §§7212, 7511(c)(9), May 22, 2008, 122 Stat. 1242, 1268; Pub. L. 110–246, §4(a), title VII, §§7212, 7511(c)(9), June 18, 2008, 122 Stat. 1664, 2003, 2029; Pub. L. 113–79, title VII, §7217, Feb. 7, 2014, 128 Stat. 887; Pub. L. 115–334, title VII, §7215, Dec. 20, 2018, 132 Stat. 4814.)

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 was enacted as part of the Rural Economic Development Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

Amendments

2018—Subsec. (e). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (e). Pub. L. 113–79 substituted "2018" for "2012".

2008—Subsec. (a). Pub. L. 110–246, §7511(c)(9), substituted "National Institute of Food and Agriculture" for "Extension Service".

Subsec. (e). Pub. L. 110–246, §7212, substituted "2012" for "2007".

2002—Subsec. (e). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (e). Pub. L. 105–185 substituted "2002" for "1997".

1996—Subsec. (e). Pub. L. 104–127 substituted "1997" for "1995".

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)(9) 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.

§3125c. Repealed. Pub. L. 104–127, title VIII, §859(a), Apr. 4, 1996, 110 Stat. 1173

Section, Pub. L. 101–624, title XIV, §1499A, as added Pub. L. 102–237, title II, §201(h)(1), Dec. 13, 1991, 105 Stat. 1847, related to education program regarding handling of agricultural chemicals and agricultural chemical containers.

§3126. Libraries and information network

(a) Congressional declaration of policy

It is declared to be the policy of Congress that—

(1) cooperation and coordination among, and the more effective utilization of, disparate agricultural libraries and information units be facilitated;

(2) information and library needs related to agricultural research and education be effectively planned for, coordinated, and evaluated;

(3) a structure for the coordination of the agricultural libraries of colleges and universities, Department of Agriculture libraries, and their closely allied information gathering and disseminating units be established in close conjunction with private industry and other research libraries;

(4) effective access by all colleges and universities and Department of Agriculture personnel to literature and information regarding the food and agricultural sciences be provided;

(5) programs for training in information utilization with respect to the food and agricultural sciences, including research grants for librarians, information scientists, and agricultural scientists be established or strengthened; and

(6) the Department of Agriculture establish mutually valuable working relationships with international and foreign information and data programs.

(b) Food and Nutrition and Education Resources Center

There is established within the National Agricultural Library of the Department of Agriculture a Food and Nutrition Information and Education Resources Center. Such Center shall be responsible for—

(1) assembling and collecting food and nutrition education materials, including the results of nutrition research, training methods, procedures, and other materials related to the purpose of this chapter;

(2) maintaining such information and materials in a library; and

(3) providing notification about these collections on a regular basis to the State cooperative extension services, State educational agencies, and other interested persons.

(c) Authorization of appropriations

Funds are authorized to be appropriated annually in such amounts as Congress may determine necessary to support the purposes of this section. The Secretary is authorized to carry out this section with existing facilities through the use of grants, contracts, or such other means as the Secretary deems appropriate and to require matching of funds. No funds appropriated to support the purposes of this section shall be used to purchase additional equipment unless specifically authorized by law subsequent to September 29, 1977.

(Pub. L. 95–113, title XIV, §1411, Sept. 29, 1977, 91 Stat. 990; Pub. L. 97–98, title XIV, §1412, Dec. 22, 1981, 95 Stat. 1302.)

References in Text

For definition of "this chapter", referred to in subsec. (b)(1), see note set out under section 3102 of this title.

Amendments

1981—Subsec. (a)(6). Pub. L. 97–98, §1412(1)–(3), added par. (6).

Subsec. (b)(3). Pub. L. 97–98, §1412(4), substituted "notification about these collections on a regular basis to the State cooperative extension services, State educational agencies, and other interested persons" for "for the dissemination of such information and materials on a regular basis to State educational agencies and other interested persons".

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3127. Support for Advisory Board

(a) Appointment of staff

To assist the Advisory Board in the performance of its duties, the Secretary may appoint, after consultation with the chairperson of the Advisory Board—

(1) a full-time executive director who shall perform such duties as the chairperson of the Advisory Board may direct and who shall receive compensation at a rate not to exceed the rate payable for GS–18 of the General Schedule established in section 5332 of title 5; and

(2) a professional staff of not more than five full-time employees qualified in the food and agricultural sciences, of which one shall serve as the executive secretary to the Advisory Board.

(b) Additional clerical assistance and staff personnel

The Secretary shall provide such additional clerical assistance and staff personnel as may be required to assist the Advisory Board in carrying out its duties.

(c) Assistance of outside personnel

In formulating its recommendations to the Secretary, the Advisory Board may obtain the assistance of Department of Agriculture employees, and, to the maximum extent practicable, the assistance of employees of other Federal departments and agencies conducting related programs of agricultural research, extension, and teaching and of appropriate representatives of colleges and universities, including State agricultural experiment stations, cooperative extension services, and other non-Federal organizations conducting significant programs in the food and agricultural sciences.

(Pub. L. 95–113, title XIV, §1412, Sept. 29, 1977, 91 Stat. 991; Pub. L. 97–98, title XIV, §1413, Dec. 22, 1981, 95 Stat. 1302; Pub. L. 101–624, title XVI, §1605(b)(1), Nov. 28, 1990, 104 Stat. 3713; Pub. L. 102–237, title IV, §402(5), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §§852(b)(3), 853(b)(4), Apr. 4, 1996, 110 Stat. 1171, 1172; Pub. L. 105–185, title VI, §606(c)(1), June 23, 1998, 112 Stat. 603.)

Amendments

1998—Subsecs. (a), (b). Pub. L. 105–185, §606(c)(1)(A), substituted "its duties" for "their duties".

Subsec. (c). Pub. L. 105–185, §606(c)(1)(B), substituted "its recommendations" for "their recommendations".

1996Pub. L. 104–127, §§852(b)(3)(A), 853(b)(4)(A), in section catchline, substituted "Advisory Board" for "Joint Council, Advisory Board, and Technology Board".

Subsec. (a). Pub. L. 104–127, §§852(b)(3)(B)(i), (ii), 853(b)(4)(B)(i), in introductory provisions, substituted "To assist the Advisory Board in" for "To assist the Joint Council, the Advisory Board, and the Technology Board in" and "with the chairperson of the Advisory Board" for "with the cochairpersons of the Joint Council and the chairperson of the Advisory Board and the Technology Board".

Subsec. (a)(1). Pub. L. 104–127, §§852(b)(3)(B)(ii), 853(b)(4)(B)(i), substituted "the chairperson of the Advisory Board" for "the cochairpersons of the Joint Council and the chairperson of the Advisory Board and the Technology Board".

Subsec. (a)(2). Pub. L. 104–127, §§852(b)(3)(B)(iii), 853(b)(4)(B)(ii), substituted "one shall serve as the executive secretary to the Advisory Board" for "one shall serve as the executive secretary to the Joint Council, one shall serve as the executive secretary to the Advisory Board, and one shall serve as the executive secretary to the Technology Board".

Subsecs. (b), (c). Pub. L. 104–127, §§852(b)(3)(C), 853(b)(4)(C), substituted "Advisory Board" for "Joint Council, Advisory Board, and Technology Board".

1991—Subsecs. (b), (c). Pub. L. 102–237 substituted ", Advisory Board, and Technology Board" for "and Advisory Board".

1990Pub. L. 101–624, §1605(b)(1)(A), amended section catchline generally.

Subsec. (a). Pub. L. 101–624, §1605(b)(1)(B), in introductory provision, substituted ", the Advisory Board, and the Technology Board" for "and the Advisory Board" and inserted "and the Technology Board" before the dash, in par. (1), inserted "and the Technology Board" before "may direct", and in par. (2), substituted "Council," for "Council and" and inserted before period at end ", and one shall serve as the executive secretary to the Technology Board".

Subsecs. (b), (c). Pub. L. 101–624, §1605(b)(1)(C), (D), which directed the substitution of ", the Advisory Board, and the Technology Board" for "and the Advisory Board", could not be executed because the phrase "and the Advisory Board" did not appear in text.

1981—Subsec. (a). Pub. L. 97–98 inserted in provision preceding par. (1) provision requiring consultation with the cochairpersons of the Joint Council and the chairperson of the Advisory Board, redesignated former par. (2) as (1) and substituted provision that a full-time executive director perform such duties as the cochairpersons of the Joint Council and chairperson of the Advisory Board direct for provision that an executive director perform such duties as the chairman of the Joint Council and the chairman of the Advisory Board direct, and redesignated former par. (1) as (2) and inserted provision that one of the full-time staff serve as the executive secretary to the Joint Council and one serve as executive secretary to the Advisory Board.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§3128. General provisions

(a) Vacancies in Advisory Board

Any vacancy in the Advisory Board shall not affect its duties under this title and shall be filled in the same manner as the original position.

(b) Compensation and expenses of members of Advisory Board

Members of the Advisory Board shall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or regular places of business in the performance of services under this chapter, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5.

(c) Authorization of appropriations

There are authorized to be appropriated annually such sums as Congress may determine necessary to carry out the provisions of section 3127 of this title and subsection (b) of this section.

(Pub. L. 95–113, title XIV, §1413, Sept. 29, 1977, 91 Stat. 991; Pub. L. 97–98, title XIV, §1414(a), Dec. 22, 1981, 95 Stat. 1303; Pub. L. 101–624, title XVI, §1605(b)(2), Nov. 28, 1990, 104 Stat. 3713; Pub. L. 103–354, title II, §218(e)(7), Oct. 13, 1994, 108 Stat. 3213; Pub. L. 104–127, title VIII, §§852(b)(4), 853(b)(5), Apr. 4, 1996, 110 Stat. 1171, 1172; Pub. L. 105–185, title VI, §606(b), (c)(2), June 23, 1998, 112 Stat. 603, 604.)

References in Text

For definition of "this chapter", referred to in subsec. (b), see note set out under section 3102 of this title.

Amendments

1998—Subsec. (a). Pub. L. 105–185, §606(c)(2), substituted "its duties" for "their powers".

Subsec. (b). Pub. L. 105–185, §606(b), substituted "Advisory Board" for "Joint Council, the Advisory Board,".

1996—Subsec. (a). Pub. L. 104–127, §§852(b)(4)(A), 853(b)(5)(A), substituted "the Advisory Board" for "the Joint Council, the Advisory Board, or the Technology Board".

Subsec. (b). Pub. L. 104–127, §853(b)(5)(B), struck out "and the Technology Board" before "shall serve without".

Pub. L. 104–127, §852(b)(4)(B), which directed substitution of "Advisory Board" for "Joint Council, Advisory Board," could not be executed because those words did not appear in text.

1994—Subsec. (d). Pub. L. 103–354 struck out subsec. (d) which read as follows: "The President shall appoint, by and with the advice and consent of the Senate, an Assistant Secretary of Agriculture who shall perform such duties as are necessary to carry out this chapter and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture."

1990—Subsec. (a). Pub. L. 101–624, §1605(b)(2)(A), substituted ", the Advisory Board, or the Technology Board" for "or the Advisory Board".

Subsec. (b). Pub. L. 101–624, §1605(b)(2)(B), substituted ", the Advisory Board, and the Technology Board" for "and Advisory Board".

Subsecs. (d), (e). Pub. L. 101–624, §1605(b)(2)(C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "The Subcommittee on Food, Agricultural, and Forestry Research, the Joint Council, and the Advisory Board shall improve communication and interaction among themselves and with others in the agricultural science and education system through such mechanisms as the exchange of reports, joint meetings, and the use of liaison representatives."

1981—Subsecs. (c) to (e). Pub. L. 97–98 added subsecs. (c) to (e).

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3129. Accountability

(a) Review of information technology systems

The Secretary shall conduct a comprehensive review of state-of-the-art information technology systems that are available for use in developing the system required by subsection (b).

(b) Monitoring and evaluation system

The Secretary shall develop and carry out a system to monitor and evaluate agricultural research and extension activities conducted or supported by the Department of Agriculture that will enable the Secretary to measure the impact and effectiveness of research, extension, and education programs according to priorities, goals, and mandates established by law. In developing the system, the Secretary shall incorporate information transfer technologies to optimize public access to research information.

(c) Consistency with other requirements

The Secretary shall develop and implement the system in a manner consistent with the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285) and amendments made by the Act.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 95–113, title XIV, §1413A, as added Pub. L. 104–127, title VIII, §804, Apr. 4, 1996, 110 Stat. 1160.)

References in Text

The Government Performance and Results Act of 1993, referred to in subsec. (c), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Prior Provisions

A prior section 3129, Pub. L. 95–113, title XIV, §1413A, as added Pub. L. 96–294, title II, §255(a), June 30, 1980, 94 Stat. 707, provided for biomass energy educational and technical assistance programs, prior to repeal by Pub. L. 101–624, title XVI, §1601(f)(1)(C), Nov. 28, 1990, 104 Stat. 3704.

§3129a. Federal Advisory Committee Act exemption for competitive research, extension, and education programs

The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of this Act [7 U.S.C. 2281 et seq.] shall not apply to any committee, board, commission, panel, or task force, or similar entity, created solely for the purpose of reviewing applications or proposals requesting funding under any competitive research, extension, or education program carried out by the Secretary.

(Pub. L. 95–113, title XIV, §1413B, as added Pub. L. 104–127, title VIII, §804, Apr. 4, 1996, 110 Stat. 1160.)

References in Text

The Federal Advisory Committee Act, referred to in text, is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Title XVIII of this Act, referred to in text, is title XVIII of the Food and Agriculture Act of 1977, Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 1041, as amended, which is classified generally to chapter 55A (§2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables.

§3130. Repealed. Pub. L. 104–127, title VIII, §858, Apr. 4, 1996, 110 Stat. 1173

Section, Pub. L. 101–624, title XIV, §1456, Nov. 28, 1990, 104 Stat. 3614, related to composting research and extension program.

SUBCHAPTER III—AGRICULTURAL RESEARCH AND EDUCATION GRANTS AND FELLOWSHIPS

§3151. Grants to enhance research capacity in schools of veterinary medicine

(a) Competitive grant program

(1) In general

The Secretary shall conduct a program of competitive grants to States for the purpose of meeting the costs of renovation, improving compliance with Federal regulations, employing faculty, acquiring equipment, and taking other action related to the improvement of schools of veterinary medicine to ensure agricultural competitiveness on a worldwide basis.

(2) Matching requirement

A State receiving a grant under paragraph (1) shall provide State matching funds equal to not less than the amount of the grant.

(b) Preference

Except with respect to the States of Alaska and Hawaii, the Secretary shall give preference in awarding grants to States which file, with their application for funds under this section, assurances satisfactory to the Secretary that—

(1) the State has established a veterinary medical training program with one or more States without colleges of veterinary medicine which consists of appropriate cooperative agreements providing for a sharing of curriculum and costs by the individual States;

(2) the clinical training of the school to be improved shall emphasize care and preventive medical programs for food animals and companion animals (including horses) which support industries of major economic importance; and

(3) the Secretary may set aside a portion of funds appropriated for the award of grants under this section and make such amounts available only for grants to eligible colleges and universities that the Secretary determines have unique capabilities for achieving the objective of full participation of minority groups in research in the Nation's schools of veterinary medicine.


Notwithstanding clause (1) of this subsection, no State which the Secretary determines has made a reasonable effort to establish appropriate cooperative agreements shall be denied a grant or otherwise prejudiced because of its failure to establish such cooperative agreements.

(c) Apportionment and distribution of funds

Funds appropriated to carry out this section for any fiscal year shall be apportioned and distributed as follows:

(1) Five per centum shall be retained by the Department of Agriculture for administration, program assistance to eligible States, and program coordination.

(2) The remainder shall be apportioned and distributed by the Secretary to those States which have applied for funds under this section on such basis as the Secretary may deem appropriate.

(Pub. L. 95–113, title XIV, §1415, Sept. 29, 1977, 91 Stat. 993; Pub. L. 97–98, title XIV, §1417, Dec. 22, 1981, 95 Stat. 1305; Pub. L. 99–198, title XIV, §1410, Dec. 23, 1985, 99 Stat. 1547; Pub. L. 101–624, title XVI, §1607(a), (b), Nov. 28, 1990, 104 Stat. 3716; Pub. L. 113–79, title VII, §7128(b)(1)(A), Feb. 7, 2014, 128 Stat. 878; Pub. L. 115–334, title VII, §7614(b)(1)(A), Dec. 20, 2018, 132 Stat. 4833.)

Amendments

2018—Subsec. (a). Pub. L. 115–334 designated existing provisions as par. (1), inserted heading, and added par. (2).

2014—Subsec. (a). Pub. L. 113–79 struck out "This grant program shall be based on a matching formula of 50 per centum Federal and 50 per centum State funding." at end.

1990Pub. L. 101–624, §1607(b)(1), amended section catchline generally.

Subsec. (a). Pub. L. 101–624, §1607(b)(1), inserted heading.

Pub. L. 101–624, §1607(a)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "The Secretary shall conduct a program of grants to States for the purpose of meeting the costs of construction, employing faculty, acquiring equipment, and taking other action relating to the initial establishment and initial operation of schools of veterinary medicine, or the expansion of existing schools of veterinary medicine, as determned [sic] by the Secretary by regulations."

Subsec. (b). Pub. L. 101–624, §1607(b)(2), inserted heading.

Subsec. (b)(1). Pub. L. 101–624, §1607(a)(2), struck out ", or has made a reasonable effort to establish," after "established", and "and" after "States;".

Subsec. (b)(2). Pub. L. 101–624, §1607(a)(3), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "the clinical training of the school to be established or expanded shall emphasize care and preventive medical programs for food-producing animals."

Subsec. (b)(3). Pub. L. 101–624, §1607(a)(3), added par. (3).

Subsec. (c). Pub. L. 101–624, §1607(b)(3), inserted heading.

1985—Subsec. (c)(1). Pub. L. 99–198 substituted "Five" for "Four".

1981—Subsec. (c)(2). Pub. L. 97–98 struck out proviso that not less than 50 per centum of such funds shall be made available to States which have accredited schools of veterinary medicine.

Effective Date of 2018 Amendment

Pub. L. 115–334, title VII, §7614(c), Dec. 20, 2018, 132 Stat. 4837, provided that:

"(1) Awards made after date of enactment.—The amendments made by subsections (a) [repealing section 3371 of this title] and (b) [amending this section and sections 3157, 3322, 3333, 5813, 5924, 5925, 5925b, 7626, 7632, and 8114 of this title] shall apply with respect to grants, cooperative agreements, or other awards described in subsection (b) that are made after the date of the enactment of this Act [Dec. 20, 2018].

"(2) Awards made on or before date of enactment.—Notwithstanding the amendments made by subsections (a) and (b), a matching funds requirement in effect on the day before the date of enactment of this Act under a provision of law amended by subsection (a) or (b) shall continue to apply to a grant, cooperative agreement, or other award described in subsection (b) that is made on or before the date of the enactment of this Act."

Effective Date of 2014 Amendment

Pub. L. 113–79, title VII, §7128(c)(2), Feb. 7, 2014, 128 Stat. 879, provided that: "Notwithstanding the amendments made by subsection (b) [amending this section and sections 3157, 3322, 3333, 5813, 5924, 5925, 5925b, 7626, 7632, and 8114 of this title], a matching funds requirement in effect on or before the date of the enactment of this section [Feb. 7, 2014] under a provision of a covered law shall continue to apply to a grant awarded under such provision on or before October 1, 2014."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3151a. Veterinary medicine loan repayment

(a) Program

(1) Service in shortage situations

The Secretary shall carry out a program of entering into agreements with veterinarians under which the veterinarians agree to provide, for a period of time as determined by the Secretary and specified in the agreement, veterinary services in veterinarian shortage situations. For each year of such service under an agreement under this paragraph, the Secretary shall pay an amount, as determined by the Secretary and specified in the agreement, of the principal and interest of qualifying educational loans of the veterinarians.

(2) Service to Federal Government in emergency situations

(A) In general

The Secretary may enter into agreements of 1 year duration with veterinarians who have agreements pursuant to paragraph (1) for such veterinarians to provide services to the Federal Government in emergency situations, as determined by the Secretary, under terms and conditions specified in the agreement. Pursuant to an agreement under this paragraph, the Secretary shall pay an amount, in addition to the amount paid pursuant to the agreement in paragraph (1), as determined by the Secretary and specified in the agreement, of the principal and interest of qualifying educational loans of the veterinarians.

(B) Requirements

Agreements entered into under this paragraph shall include the following:

(i) A veterinarian shall not be required to serve more than 60 working days per year of the agreement.

(ii) A veterinarian who provides service pursuant to the agreement shall receive a salary commensurate with the duties and shall be reimbursed for travel and per diem expenses as appropriate for the duration of the service.

(b) Determination of veterinarian shortage situations

In determining "veterinarian shortage situations", the Secretary may consider—

(1) geographical areas that the Secretary determines have a shortage of veterinarians; and

(2) areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as food animal medicine, public health, epidemiology, and food safety.

(c) Administration

(1) Authority

The Secretary may carry out this program directly or enter into agreements with another Federal agency or other service provider to assist in the administration of this program.

(2) Breach remedies

(A) In general

Agreements with program participants shall provide remedies for any breach of an agreement by a participant, including repayment or partial repayment of financial assistance received, with interest.

(B) Amounts recovered

Funds recovered under this subsection shall be credited to the account available to carry out this section and shall remain available until expended.

(3) Waiver

The Secretary may grant a waiver of the repayment obligation for breach of contract in the event of extreme hardship or extreme need, as determined by the Secretary.

(4) Amount

The Secretary shall develop regulations to determine the amount of loan repayment for a year of service by a veterinarian. In making the determination, the Secretary shall consider the extent to which such determination—

(A) affects the ability of the Secretary to maximize the number of agreements that can be provided under the Veterinary Medicine Loan Repayment Program from the amounts appropriated for such agreements; and

(B) provides an incentive to serve in veterinary service shortage areas with the greatest need.

(5) Qualifying educational loans

Loan repayments provided under this section may consist of payments on behalf of participating individuals of the principal and interest on government and commercial loans received by the individual for attendance of the individual at an accredited college of veterinary medicine resulting in a degree of Doctor of Veterinary Medicine or the equivalent, which loans were made for—

(A) tuition expenses;

(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or

(C) reasonable living expenses as determined by the Secretary.

(6) Repayment schedule

The Secretary may enter into an agreement with the holder of any loan for which payments are made under this section to establish a schedule for the making of such payments.

(7) Tax liability

In addition to educational loan repayments, the Secretary shall make such additional payments to participants as the Secretary determines to be appropriate for the purpose of providing reimbursements to participants for individual tax liability resulting from participation in this program.

(8) Priority

In administering the program, the Secretary shall give priority to agreements with veterinarians for the practice of food animal medicine in veterinarian shortage situations.

(d) Use of funds

None of the funds appropriated to the Secretary under subsection (f) may be used to carry out section 5379 of title 5.

(e) Regulations

Notwithstanding subchapter II of chapter 5 of title 5, not later than 270 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to carry out this section.

(f) Authorization of appropriations

There are authorized to be appropriated for carrying out this section such sums as may be necessary and such sums shall remain available to the Secretary for the purposes of this section until expended.

(Pub. L. 95–113, title XIV, §1415A, as added Pub. L. 108–161, §2, Dec. 6, 2003, 117 Stat. 2014; amended Pub. L. 110–234, title VII, §7105(a), May 22, 2008, 122 Stat. 1216; Pub. L. 110–246, §4(a), title VII, §7105(a), June 18, 2008, 122 Stat. 1664, 1977.)

References in Text

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

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). Pub. L. 110–246, §7105(a)(1), added subsec. (b) and struck out former subsec. (b) which authorized the Secretary to consider certain factors in determining "veterinarian shortage situations".

Subsec. (c)(8). Pub. L. 110–246, §7105(a)(2), added par. (8).

Subsecs. (d) to (f). Pub. L. 110–246, §7105(a)(3), (4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

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.

§3151b. Veterinary services grant program

(a) Definitions

In this section:

(1) Qualified entity

The term "qualified entity" means—

(A) a for-profit or nonprofit entity located in the United States that, or an individual who, operates a veterinary clinic providing veterinary services—

(i) in a rural area, as defined in section 1991(a) of this title; and

(ii) in a veterinarian shortage situation;


(B) a State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association;

(C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association;

(D) a university research foundation or veterinary medical foundation;

(E) a department of veterinary science or department of comparative medicine accredited by the Department of Education;

(F) a State agricultural experiment station; or

(G) a State, local, or tribal government agency.

(2) Veterinarian shortage situation

The term "veterinarian shortage situation" means a veterinarian shortage situation as determined by the Secretary under section 3151a of this title.

(b) Establishment

(1) Competitive grants

The Secretary shall carry out a program to make competitive grants to qualified entities that carry out programs or activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services.

(2) Eligibility requirements

A qualified entity shall be eligible to receive a grant described in paragraph (1) if the entity carries out programs or activities that the Secretary determines will—

(A) substantially relieve veterinarian shortage situations;

(B) support or facilitate private veterinary practices engaged in public health activities; or

(C) support or facilitate the practices of veterinarians who are providing or have completed providing services under an agreement entered into with the Secretary under section 3151a(a)(2) of this title.

(c) Award processes and preferences

(1) Application, evaluation, and input processes

In administering the grant program established under this section, the Secretary shall—

(A) use an appropriate application and evaluation process, as determined by the Secretary; and

(B) seek the input of interested persons.

(2) Coordination preference

In selecting recipients of grants to be used for any of the purposes described in subsection (d)(1), the Secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities, with respect to any such purpose.

(3) Consideration of available funds

In selecting recipients of grants to be used for any of the purposes described in subsection (d), the Secretary shall take into consideration the amount of funds available for grants and the purposes for which the grant funds will be used.

(4) Nature of grants

A grant awarded under this section shall be considered to be a competitive research, extension, or education grant.

(d) Use of grants to relieve veterinarian shortage situations and support veterinary services

(1) In general

Except as provided in paragraph (2), a qualified entity may use funds provided by a grant awarded under this section to relieve veterinarian shortage situations and support veterinary services for any of the following purposes:

(A) To promote recruitment (including for programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology.

(B) To allow veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses described in section 3151a(c)(5) of this title) to attend training programs in food safety or food animal medicine.

(C) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine.

(D) To provide continuing education and extension, including veterinary telemedicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety.

(E) To provide technical assistance for the preparation of applications submitted to the Secretary for designation as a veterinarian shortage situation under this section or section 3151a of this title.

(F) To expose students in grades 11 and 12 to education and career opportunities in food animal medicine.

(2) Qualified entities operating veterinary clinics

A qualified entity described in subsection (a)(1)(A) may only use funds provided by a grant awarded under this section to establish or expand veterinary practices, including—

(A) equipping veterinary offices;

(B) sharing in the reasonable overhead costs of such veterinary practices, as determined by the Secretary; or

(C) establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs.

(e) Special requirements for certain grants

(1) Terms of service requirements

(A) In general

Funds provided through a grant made under this section to a qualified entity described in subsection (a)(1)(A) and used by such entity under subsection (d)(2) shall be subject to an agreement between the Secretary and such entity that includes a required term of service for such entity (including a qualified entity operating as an individual), as established by the Secretary.

(B) Considerations

In establishing a term of service under subparagraph (A), the Secretary shall consider only—

(i) the amount of the grant awarded; and

(ii) the specific purpose of the grant.

(2) Breach remedies

(A) In general

An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the qualified entity referred to in paragraph (1)(A), including repayment or partial repayment of the grant funds, with interest.

(B) Waiver

The Secretary may grant a waiver of the repayment obligation for breach of contract if the Secretary determines that such qualified entity demonstrates extreme hardship or extreme need.

(C) Treatment of amounts recovered

Funds recovered under this paragraph shall—

(i) be credited to the account available to carry out this section; and

(ii) remain available until expended without further appropriation.

(f) Prohibition on use of grant funds for construction

Except as provided in subsection (d)(2), funds made available for grants under this section may not be used—

(1) to construct a new building or facility; or

(2) to acquire, expand, remodel, or alter an existing building or facility, including site grading and improvement and architect fees.

(g) Regulations

Not later than 1 year after February 7, 2014, the Secretary shall promulgate regulations to carry out this section.

(h) Authorization of appropriations

(1) In general

There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2014 and each fiscal year thereafter, to remain available until expended.

(2) Priority

From amounts made available for grants under this section, the Secretary shall prioritize grant awards for programs or activities with a focus on the practice of food animal medicine.

(Pub. L. 95–113, title XIV, §1415B, as added Pub. L. 113–79, title VII, §7104, Feb. 7, 2014, 128 Stat. 866; amended Pub. L. 115–334, title VII, §7106, Dec. 20, 2018, 132 Stat. 4783.)

Amendments

2018—Subsec. (d)(1)(F). Pub. L. 115–334, §7106(1), added subpar. (F).

Subsec. (h). Pub. L. 115–334, §7106(2), designated existing provisions as par. (1), inserted heading, and added par. (2).

§3152. Grants and fellowships for food and agricultural sciences education

(a) Higher education teaching programs

The Secretary shall promote and strengthen higher education in the food and agricultural sciences by formulating and administering programs to enhance college and university teaching programs in agriculture, natural resources, forestry, veterinary medicine, home economics, disciplines closely allied to the food and agricultural system, and rural economic, community, and business development.

(b) Grants

The Secretary may make competitive grants (or grants without regard to any requirement for competition) to land-grant colleges and universities (including the University of the District of Columbia), to colleges and universities having significant minority enrollments and a demonstrable capacity to carry out the teaching of food and agricultural sciences, and to other colleges and universities having a demonstrable capacity to carry out the teaching of food and agricultural sciences, for a period not to exceed 5 years—

(1) to strengthen institutional capacities, including curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, to respond to identified State, regional, national, or international educational needs in the food and agricultural sciences, or in rural economic, community, and business development;

(2) to attract and support undergraduate and graduate students in order to educate the students in national need areas of the food and agricultural sciences, or in rural economic, community, and business development;

(3) to facilitate cooperative initiatives between two or more eligible institutions, or between eligible institutions and units of State government or organizations in the private sector, to maximize the development and use of resources such as faculty, facilities, and equipment to improve food and agricultural sciences teaching programs, or teaching programs emphasizing rural economic, community, and business development;

(4) to design and implement food and agricultural programs, or programs emphasizing rural economic, community, and business development, to build teaching, research, and extension capacity at colleges and universities having significant minority enrollments;

(5) to conduct undergraduate scholarship programs to meet national and international needs for training food and agricultural scientists and professionals, or professionals in rural economic, community, and business development; and

(6) to conduct graduate and postdoctoral fellowship programs to attract highly promising individuals to research or teaching careers in the food and agricultural sciences.

(c) Priorities

In awarding grants under subsection (b), the Secretary shall give priority to—

(1) applications for teaching enhancement projects that demonstrate enhanced coordination among all types of institutions eligible for funding under this section; and

(2) applications for teaching enhancement projects that focus on innovative, multidisciplinary education programs, material, and curricula.

(d) Eligibility for grants

(1) In general

To be eligible for a grant under subsection (b), a recipient institution must have a significant demonstrable commitment to higher education teaching programs in the food and agricultural sciences, or in rural economic, community, and business development, and to each specific subject area for which the grant is to be used.

(2) Minority groups

The Secretary may set aside a portion of the funds appropriated for the awarding of grants under subsection (b), and make such amounts available only for grants to eligible colleges and universities (including the University of the District of Columbia) that the Secretary determines have unique capabilities for achieving the objective of full representation of minority groups in the food and agricultural sciences workforce, or in the rural economic, community, and business development workforce, of the United States.

(3) Research foundations

An eligible college or university under subsection (b) includes a research foundation maintained by the college or university.

(e) Food and agricultural education information system

From amounts made available for grants under this section, the Secretary may maintain a national food and agricultural education information system that contains—

(1) information on enrollment, degrees awarded, faculty, and employment placement in the food and agricultural sciences; and

(2) such other similar information as the Secretary considers appropriate.

(f) Evaluation of teaching programs

The Secretary shall conduct programs to develop, analyze, and provide to colleges and universities data and information that are essential to the evaluation of the quality of teaching programs and to facilitate the design of more effective programs comprising the food and agricultural sciences higher education system of the United States.

(g) Continuing education

The Secretary shall conduct special programs with colleges and universities, and with organizations in the private sector, to support educational initiatives to enable food and agricultural scientists and professionals to maintain their knowledge of changing technology, the expanding knowledge base, societal issues, and other factors that impact the skills and competencies needed to maintain the expertise base available to the agricultural system of the United States. The special programs shall include grants and technical assistance.

(h) Transfers of funds and functions

Funds authorized in section 22 of the Act of June 29, 1935 (49 Stat. 439, chapter 338; 7 U.S.C. 329) are transferred to and shall be administered by the Secretary of Agriculture. There are transferred to the Secretary all the functions and duties of the Secretary of Education under such Act applicable to the activities and programs for which funds are made available under section 22 of such Act.

(i) National Food and Agricultural Sciences Teaching, Extension, and Research Awards

(1) Establishment

(A) In general

The Secretary shall establish a National Food and Agricultural Sciences Teaching, Extension, and Research Awards program to recognize and promote excellence in teaching, extension, and research in the food and agricultural sciences at a college or university.

(B) Minimum requirement

The Secretary shall make at least 1 cash award in each fiscal year to a nominee selected by the Secretary for excellence in each of the areas of teaching, extension, and research of food and agricultural science at a college or university.

(2) Funding

The Secretary may transfer funds from amounts appropriated for the conduct of any agricultural research, extension, or teaching program to an account established pursuant to this section for the purpose of making the awards. The Secretary may accept gifts in accordance with section 2269 of this title for the purpose of making the awards.

(j) Secondary education, 2-year postsecondary education, and agriculture in the K–12 classroom

(1) Definitions

In this subsection:

(A) Institution of higher education

The term "institution of higher education" has the meaning given the term in section 1001 of title 20.

(B) Secondary school

The term "secondary school" has the meaning given the term in section 7801 of title 20.

(2) Agriscience and agribusiness education

The Secretary shall—

(A) promote and strengthen secondary education and 2-year postsecondary education in agriscience and agribusiness in order to help ensure the existence in the United States of a qualified workforce to serve the food and agricultural sciences system; and

(B) promote complementary and synergistic linkages among secondary, 2-year postsecondary, and higher education programs in the food and agricultural sciences in order to promote excellence in education and encourage more young Americans to pursue and complete a baccalaureate or higher degree in the food and agricultural sciences.

(3) Grants

The Secretary may make competitive or noncompetitive grants, for grant periods not to exceed 5 years, to public secondary schools, institutions of higher education that award an associate's degree, other institutions of higher education, and nonprofit organizations, that the Secretary determines have made a commitment to teaching agriscience and agribusiness—

(A) to enhance curricula in agricultural education;

(B) to increase faculty teaching competencies;

(C) to interest young people in pursuing higher education in order to prepare for scientific and professional careers in the food and agricultural sciences;

(D) to promote the incorporation of agriscience and agribusiness subject matter into other instructional programs, particularly classes in science, business, and consumer education;

(E) to facilitate joint initiatives by the grant recipient with other secondary schools, institutions of higher education that award an associate's degree, and institutions of higher education that award a bachelor's degree to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve agriscience and agribusiness education;

(F) to support other initiatives designed to meet local, State, regional, or national needs related to promoting excellence in agriscience and agribusiness education; and

(G) to support current agriculture in the classroom programs for grades K–12.

(k) Administration

The Federal Advisory Committee Act and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to a panel or board created for the purpose of reviewing applications and proposals for grants or nominations for awards submitted under this section.

(l) Report

The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a biennial report detailing the distribution of funds used to implement the teaching programs under subsection (j).

(m) Authorization of appropriations

There are authorized to be appropriated for carrying out this section—

(1) $60,000,000 for each of fiscal years 1990 through 2013; and

(2) $40,000,000 for each of fiscal years 2014 through 2023.

(Pub. L. 95–113, title XIV, §1417, Sept. 29, 1977, 91 Stat. 996; Pub. L. 97–98, title XIV, §1418, Dec. 22, 1981, 95 Stat. 1305; Pub. L. 99–198, title XIV, §1412, Dec. 23, 1985, 99 Stat. 1548; Pub. L. 101–624, title XVI, §1608, Nov. 28, 1990, 104 Stat. 3716; Pub. L. 102–237, title IV, §402(6), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §805, Apr. 4, 1996, 110 Stat. 1160; Pub. L. 105–185, title II, §223, title III, §301(a)(1), June 23, 1998, 112 Stat. 539, 562; Pub. L. 105–244, title I, §102(a)(1)(B), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 107–110, title X, §1076(c), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 107–171, title VII, §7102, May 13, 2002, 116 Stat. 431; Pub. L. 110–234, title VII, §§7106–7109(c), May 22, 2008, 122 Stat. 1217, 1218; Pub. L. 110–246, §4(a), title VII, §§7106–7109(c), June 18, 2008, 122 Stat. 1664, 1978, 1979; Pub. L. 113–79, title VII, §7105, Feb. 7, 2014, 128 Stat. 869; Pub. L. 114–95, title IX, §9215(ll), Dec. 10, 2015, 129 Stat. 2175; Pub. L. 115–334, title VII, §7107, Dec. 20, 2018, 132 Stat. 4783.)

References in Text

The Act of June 29, 1935, referred to in subsec. (h), is act June 29, 1935, ch. 338, 49 Stat. 436, popularly known as the Bankhead-Jones Act and also as the Agricultural Research Act. For complete classification of this Act to the Code, see Short Title of 1935 Amendment note under section 3101 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (k), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

The Food and Agriculture Act of 1977, referred to in subsec. (k), is Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913, as amended. Title XVIII of the Act is classified generally to chapter 55A (§2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables.

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

2018—Subsec. (m)(2). Pub. L. 115–334 substituted "2023" for "2018".

2015—Subsec. (j)(1)(B). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014—Subsec. (m). Pub. L. 113–79 substituted "section—" for "section $60,000,000 for each of the fiscal years 1990 through 2012." and added pars. (1) and (2).

2008—Subsec. (b). Pub. L. 110–246, §7106(1), inserted "(including the University of the District of Columbia)" after "land-grant colleges and universities" in introductory provisions.

Subsec. (b)(4). Pub. L. 110–246, §7107, substituted "teaching, research, and extension" for "teaching and research".

Subsec. (d)(2). Pub. L. 110–246, §7106(2), inserted "(including the University of the District of Columbia)" after "universities".

Subsec. (i). Pub. L. 110–246, §7108(1), substituted "Teaching, Extension, and Research Awards" for "Teaching Awards" in heading.

Subsec. (i)(1). Pub. L. 110–246, §7108(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Secretary shall establish a National Food and Agricultural Sciences Teaching Awards program to recognize and promote excellence in teaching food and agricultural sciences at a college or university. The Secretary shall make at least one cash award in each fiscal year to a nominee selected by the Secretary for excellence in teaching a food and agricultural science at a college or university."

Subsec. (j). Pub. L. 110–246, §7109(a)(1), substituted "Secondary education, 2-year postsecondary education, and agriculture in the K–12 classroom" for "Secondary education and 2-year postsecondary education teaching programs" in heading.

Subsec. (j)(3). Pub. L. 110–246, §7109(a)(2)(A), substituted "secondary schools, institutions of higher education that award an associate's degree, other institutions of higher education, and nonprofit organizations" for "secondary schools, and institutions of higher education that award an associate's degree" in introductory provisions.

Subsec. (j)(3)(G). Pub. L. 110–246, §7109(a)(2)(B)–(D), added subpar. (G).

Subsec. (l). Pub. L. 110–246, §7109(b)(2), added subsec. (l). Former subsec. (l) redesignated (m).

Subsec. (m). Pub. L. 110–246, §7109(b)(1), (c), redesignated subsec. (l) as (m) and substituted "2012" for "2007".

2002—Subsec. (a). Pub. L. 107–171, §7102(1), struck out "and" after "home economics," and inserted ", and rural economic, community, and business development" before period at end.

Subsec. (b)(1), (2). Pub. L. 107–171, §7102(2)(A), (B), inserted ", or in rural economic, community, and business development" before semicolon.

Subsec. (b)(3). Pub. L. 107–171, §7102(2)(C), inserted ", or teaching programs emphasizing rural economic, community, and business development" before semicolon.

Subsec. (b)(4). Pub. L. 107–171, §7102(2)(D), inserted ", or programs emphasizing rural economic, community, and business development," after "agricultural programs".

Subsec. (b)(5). Pub. L. 107–171, §7102(2)(E), inserted ", or professionals in rural economic, community, and business development" before semicolon.

Subsec. (d)(1). Pub. L. 107–171, §7102(3)(A), inserted ", or in rural economic, community, and business development," after "food and agricultural sciences".

Subsec. (d)(2). Pub. L. 107–171, §7102(3)(B), inserted ", or in the rural economic, community, and business development workforce," after "food and agricultural sciences workforce".

Subsec. (j)(1)(B). Pub. L. 107–110 substituted "7801" for "8801(25)".

Subsec. (l). Pub. L. 107–171, §7102(4), substituted "2007" for "2002".

1998—Subsecs. (c), (d). Pub. L. 105–185, §223(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 105–185, §223(3), added subsec. (e). Former subsec. (e) redesignated (g).

Subsecs. (f) to (i). Pub. L. 105–185, §223(1), redesignated subsecs. (d) to (g) as (f) to (i), respectively. Former subsecs. (h) and (i) redesignated (j) and (k), respectively.

Subsec. (j). Pub. L. 105–185, §223(1), redesignated subsec. (h) as (j). Former subsec. (j) redesignated (l).

Subsec. (j)(1)(A). Pub. L. 105–244 substituted "section 1001 of title 20" for "section 1141(a) of title 20".

Subsec. (k). Pub. L. 105–185, §223(1), redesignated subsec. (i) as (k).

Subsec. (l). Pub. L. 105–185, §301(a)(1), substituted "2002" for "1997".

Pub. L. 105–185, §223(1), redesignated subsec. (j) as (l).

1996—Subsec. (b)(4). Pub. L. 104–127, §805(a), added par. (4) and struck out former par. (4) which read as follows: "to design and implement innovative food and agricultural educational programs;".

Subsec. (c)(3). Pub. L. 104–127, §805(b), added par. (3).

Subsec. (h). Pub. L. 104–127, §805(d)(2), added subsec. (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 104–127, §805(d)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Pub. L. 104–127, §805(c), substituted "1997" for "1995".

Subsec. (j). Pub. L. 104–127, §805(d)(1), redesignated subsec. (i) as (j).

1991—Subsec. (i). Pub. L. 102–237 struck out at end "Of amounts appropriated to carry out this section for a fiscal year, not less than $10,000,000 shall be used for the national needs graduate fellowship program referred to in subsection (b)(6) of this section."

1990Pub. L. 101–624 amended section generally, substituting present provisions for provisions which established grant categories for promotion and development of higher education in food and agricultural sciences, provided for program of predoctoral and postdoctoral fellowships in food and agricultural sciences, provided for transfer of funds, functions and duties to Secretary of Agriculture, authorized appropriations to carry out the section, and provided for nonapplicability of certain Federal laws to any panel or board created to review applications submitted under the section.

1985—Subsec. (a)(2). Pub. L. 99–198, §1412(a)(1), substituted "Each" for "Such grants shall be made without regard to matching funds, but each".

Subsec. (a)(3). Pub. L. 99–198, §1412(a)(2), substituted "Each recipient institution shall have a significant ongoing commitment to the food and agricultural sciences generally and to the specific subject area for which such grant is to be used." for "Such grants shall be made without regard to matching funds provided by recipients."

Subsec. (d). Pub. L. 99–198, §1412(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "There are hereby authorized to be appropriated for the purposes of carrying out the provisions of this section $25,000,000 for the fiscal year ending September 30, 1978, $30,000,000 for the fiscal year ending September 30, 1979, $35,000,000 for the fiscal year ending September 30, 1980, $40,000,000 for the fiscal year ending September 30, 1981, and $50,000,000 for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, and not in excess of such sums as may after the date of enactment of this title be authorized by law for any subsequent fiscal year."

Subsec. (e). Pub. L. 99–198, §1412(c), added subsec. (e).

1981—Subsec. (a). Pub. L. 97–98, §1418(a), substituted provisions authorizing the Secretary to promote and develop higher education in the food and agricultural science by formulating and administering higher education programs, to make grants to land-grant colleges and universities and other institutions capable of teaching food and agricultural education for specified purposes for a period not to exceed five years without regard to matching funds and to make competitive grants to colleges and universities to develop or administer programs to meet unique food and agricultural educational problems, and to administer and conduct specialized programs and graduate fellowship programs for a period not to exceed five years without regard to matching funds for provisions relating to competitive grants to all colleges and universities for the purpose of furthering education in the food and agricultural sciences in two specified categories.

Subsec. (c). Pub. L. 97–98 inserted provisions relating to the transfer to the Secretary of all the functions and duties of the Secretary of Education under the act of June 29, 1935, applicable to the activities and programs for which funds are made available under section 329 of this title.

Subsec. (d). Pub. L. 97–98, §1418(c), inserted provisions relating to the authorization of appropriations for fiscal years ending Sept. 30, 1983, Sept. 30, 1984, and Sept. 30, 1985.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

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.

Pub. L. 110–234, title VII, §7109(d), May 22, 2008, 122 Stat. 1218, and Pub. L. 110–246, §4(a), title VII, §7109(d), June 18, 2008, 122 Stat. 1664, 1979, provided that: "The amendments made by subsection (a) [amending this section] take effect on October 1, 2008."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3153. National Agricultural Science Award

(a) Establishment

The Secretary shall establish the National Agricultural Science Award for research or advanced studies in the food and agricultural sciences, including the social sciences. Two such awards, one for each of the categories described in subsection (d) of this section, shall be made in each fiscal year.

(b) Amount and term

The awards shall not exceed $50,000 per year for a period of not to exceed three years to support research or study by the recipient.

(c) Eligibility

The awards shall be open to persons in agricultural research, extension, teaching, or any combination thereof.

(d) Categories

Awards under this section shall be made in each fiscal year in two categories as follows:

(1) to a scientist in recognition of outstanding contributions to the advancement of the food and agricultural sciences; and

(2) to a research scientist in early career development or a graduate student, in recognition of demonstrated capability and promise of significant future achievement in the food and agricultural sciences.

(e) Nominating and selection committees

The Secretary may establish such nominating and selection committees, to consist of scientists and others, to receive nominations and make recommendations for awards under this section, as the Secretary deems appropriate.

(Pub. L. 95–113, title XIV, §1418, Sept. 29, 1977, 91 Stat. 997; Pub. L. 97–98, title XIV, §1420(a), Dec. 22, 1981, 95 Stat. 1306.)

Amendments

1981—Subsec. (a). Pub. L. 97–98, §1420(a)(2), substituted "Science Award" for "Research Award", and "subsection (d)" for "subsection (c)".

Subsecs. (c) to (e). Pub. L. 97–98, §1420(a)(3), (4), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3154. Repealed. Pub. L. 110–234, title VII, §7110(a), May 22, 2008, 122 Stat. 1218, and Pub. L. 110–246, §4(a), title VII, §7110(a), June 18, 2008, 122 Stat. 1664, 1980

Section, Pub. L. 95–113, title XIV, §1419, Sept. 29, 1977, 91 Stat. 997; Pub. L. 96–294, title II, §252, June 30, 1980, 94 Stat. 705; Pub. L. 97–98, title XIV, §1422, Dec. 22, 1981, 95 Stat. 1306; Pub. L. 101–624, title XVI, §1609(a), Nov. 28, 1990, 104 Stat. 3718; Pub. L. 102–237, title IV, §402(7), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §806, Apr. 4, 1996, 110 Stat. 1162; Pub. L. 105–185, title III, §301(a)(2), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §§7134, 7209(b), May 13, 2002, 116 Stat. 436, 445, related to grants for research on production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products.

Codification

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

Effective Date of Repeal

Repeal 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.

§3155. Agricultural and food policy research centers

(a) In general

Consistent with this section, the Secretary shall, acting through the Office of the Chief Economist, make competitive grants to, or enter into cooperative agreements with, policy research centers described in subsection (b) to conduct research and education programs that are objective, operationally independent, and external to the Federal Government and that concern the effect of public policies and trade agreements on—

(1) the farm and agricultural sectors (including commodities, livestock, dairy, and specialty crops);

(2) the environment;

(3) rural families, households, and economies; and

(4) consumers, food, and nutrition.

(b) Eligible recipients

An entity eligible to apply for funding under subsection (a) is a State agricultural experiment station, college or university, or other public research institution or organization that has a history of providing—

(1) unbiased, nonpartisan economic analysis to Congress on the areas specified in paragraphs (1) through (4) of subsection (a); or

(2) objective, scientific information to Federal agencies and the public to support and enhance efficient, accurate implementation of Federal drought preparedness and drought response programs, including interagency thresholds used to determine eligibility for mitigation or emergency assistance.

(c) Preference

In making awards under this section, the Secretary shall give a preference to policy research centers that have—

(1) extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis, and baseline projections at the farm, multiregional, national, and international levels; or

(2) information, analysis, and research relating to drought mitigation.

(d) Activities

Under this section, funding may be provided for disciplinary and interdisciplinary research and education concerning policy research activities consistent with this section, including activities that—

(1) quantify the implications of public policies and regulations;

(2) develop theoretical and applied research methods;

(3) collect, analyze, and disseminate data for policymakers, analysts, and individuals; and

(4) develop programs to train analysts.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2023.

(Pub. L. 95–113, title XIV, §1419A, as added Pub. L. 104–127, title VIII, §807, Apr. 4, 1996, 110 Stat. 1162; amended Pub. L. 105–185, title II, §224, title III, §301(a)(3), June 23, 1998, 112 Stat. 540, 562; Pub. L. 107–171, title VII, §§7103, 7216, May 13, 2002, 116 Stat. 432, 449; Pub. L. 110–234, title VII, §7111, May 22, 2008, 122 Stat. 1219; Pub. L. 110–246, §4(a), title VII, §7111, June 18, 2008, 122 Stat. 1664, 1980; Pub. L. 113–79, title VII, §7106, Feb. 7, 2014, 128 Stat. 869; Pub. L. 115–334, title VII, §7108, Dec. 20, 2018, 132 Stat. 4783.)

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

2018—Subsec. (e). Pub. L. 115–334 substituted "2023" for "2018".

2014Pub. L. 113–79, §7106(1), substituted "Agricultural and food policy" for "Policy" in section catchline.

Subsec. (a). Pub. L. 113–79, §7106(2), substituted "Secretary shall, acting through the Office of the Chief Economist, make competitive grants to, or enter into cooperative agreements with," for "Secretary may make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with," in introductory provisions.

Subsec. (b). Pub. L. 113–79, §7106(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "State agricultural experiment stations, colleges and universities, other research institutions and organizations (including the Food Agricultural Policy Research Institute, the Agricultural and Food Policy Center, the Rural Policy Research Institute, and the National Drought Mitigation Center), private organizations, corporations, and individuals shall be eligible to apply for funding under subsection (a) of this section."

Subsec. (c). Pub. L. 113–79, §7106(5), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 113–79, §7106(4), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(2). Pub. L. 113–79, §7106(6), inserted "applied" after "theoretical and".

Subsec. (e). Pub. L. 113–79, §7106(7), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1996 through 2012."

Pub. L. 113–79, §7106(4), redesignated subsec. (d) as (e).

2008—Subsec. (a)(1). Pub. L. 110–246, §7111(1), inserted "(including commodities, livestock, dairy, and specialty crops)" after "agricultural sectors".

Subsec. (b). Pub. L. 110–246, §7111(2), inserted "(including the Food Agricultural Policy Research Institute, the Agricultural and Food Policy Center, the Rural Policy Research Institute, and the National Drought Mitigation Center)" after "research institutions and organizations".

Subsec. (d). Pub. L. 110–246, §7111(3), substituted "2012" for "2007".

2002—Subsec. (c)(3). Pub. L. 107–171, §7216, substituted "collect, analyze, and disseminate data" for "collect and analyze data".

Subsec. (d). Pub. L. 107–171, §7103, substituted "2007" for "2002".

1998—Subsec. (a). Pub. L. 105–185, §224, inserted "and trade agreements" after "public policies" in introductory provisions.

Subsec. (d). Pub. L. 105–185, §301(a)(3), substituted "each of fiscal years 1996 through 2002" for "fiscal years 1996 and 1997".

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.

§3156. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions

(a) Education grants program for Alaska Native serving institutions

(1) Grant authority

The Secretary of Agriculture may make competitive grants to Alaska Native serving institutions for the purpose of promoting and strengthening the ability of Alaska Native serving institutions to carry out education, applied research, and related community development programs.

(2) Use of grant funds

Grants made under this section shall be used—

(A) to support the activities of consortia of Alaska Native serving institutions to enhance educational equity for under represented students;

(B) to strengthen institutional educational capacities, including libraries, curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, in order to respond to identified State, regional, national, or international educational needs in the food and agriculture sciences;

(C) to attract and support undergraduate and graduate students from under represented groups in order to prepare them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with the mentoring of students at the high school level including by village elders and continuing with the provision of financial support for students through their attainment of a doctoral degree; and

(D) to facilitate cooperative initiatives between two or more Alaska Native serving institutions, or between Alaska Native serving institutions and units of State government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve food and agricultural sciences teaching programs.

(3) Authorization of appropriations

There are authorized to be appropriated to make grants under this subsection $10,000,000 in fiscal years 2001 through 2023.

(b) Education grants program for Native Hawaiian serving institutions

(1) Grant authority

The Secretary of Agriculture may make competitive grants to Native Hawaiian serving institutions for the purpose of promoting and strengthening the ability of Native Hawaiian serving institutions to carry out education, applied research, and related community development programs.

(2) Use of grant funds

Grants made under this section shall be used—

(A) to support the activities of consortia of Native Hawaiian serving institutions to enhance educational equity for under represented students, including permitting consortia to designate fiscal agents for the members of the consortia and to allocate among the members funds made available under this section;

(B) to strengthen institutional educational capacities, including libraries, curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, in order to respond to identified State, regional, national, or international educational needs in the food and agriculture sciences;

(C) to attract and support undergraduate and graduate students from under represented groups in order to prepare them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with the mentoring of students at the high school level and continuing with the provision of financial support for students through their attainment of a doctoral degree; and

(D) to facilitate cooperative initiatives between two or more Native Hawaiian serving institutions, or between Native Hawaiian serving institutions and units of State government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve food and agricultural sciences teaching programs.

(3) Authorization of appropriations

There are authorized to be appropriated to make grants under this subsection $10,000,000 for each of fiscal years 2001 through 2023.

(Pub. L. 95–113, title XIV, §1419B, formerly Pub. L. 106–78, title VII, §759, Oct. 22, 1999, 113 Stat. 1172; renumbered Pub. L. 95–113, §1419B, and amended Pub. L. 110–234, title VII, §7112, May 22, 2008, 122 Stat. 1219, and Pub. L. 110–246, §4(a), title VII, §7112, June 18, 2008, 122 Stat. 1664, 1980; Pub. L. 113–79, title VII, §7107, Feb. 7, 2014, 128 Stat. 870; Pub. L. 115–334, title VII, §7109, Dec. 20, 2018, 132 Stat. 4783.)

Codification

Pub. L. 110–234 and Pub. L. 110–246 both renumbered this section as section 1419B of Pub. L. 95–113 and made identical amendments to this section. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section was formerly classified to section 3242 of this title.

Amendments

2018—Subsec. (a)(3). Pub. L. 115–334, §7109(1), substituted "2023" for "2018".

Subsec. (b)(3). Pub. L. 115–334, §7109(2), substituted "2023" for "2018".

2014—Subsec. (a)(1). Pub. L. 113–79, §7107(1)(A), struck out "(or grants without regard to any requirement for competition)" after "competitive grants".

Subsec. (a)(3). Pub. L. 113–79, §7107(1)(B), substituted "2018" for "2012".

Subsec. (b)(1). Pub. L. 113–79, §7107(2)(A), struck out "(or grants without regard to any requirement for competition)" after "competitive grants".

Subsec. (b)(3). Pub. L. 113–79, §7107(2)(B), substituted "2018" for "2012".

2008—Subsec. (a)(3). Pub. L. 110–246, §7112(1)(A), substituted "2012" for "2006".

Subsec. (b)(2)(A). Pub. L. 110–246, §7112(1)(B)(i), inserted ", including permitting consortia to designate fiscal agents for the members of the consortia and to allocate among the members funds made available under this section" before semicolon at end.

Subsec. (b)(3). Pub. L. 110–246, §7112(1)(B)(ii), substituted "2012" for "2006".

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.

§3157. Competitive, special, and facilities research grants

(a) Establishment of grant program

(1) In order to promote research in food, agriculture, and related areas, a research grants program is hereby established in the Department of Agriculture.

(2) Short Title.—This section may be cited as the "Competitive, Special, and Facilities Research Grant Act".

(b) Agriculture and food research initiative

(1) Establishment

There is established in the Department of Agriculture an Agriculture and Food Research Initiative under which the Secretary of Agriculture (referred to in this subsection as "the Secretary") may make competitive grants for fundamental and applied research, extension, and education to address food and agricultural sciences (as defined under section 3103 of this title).

(2) Priority areas

The competitive grants program established under this subsection shall address the following areas:

(A) Plant health and production and plant products

Plant systems, including—

(i) plant genome structure and function;

(ii) molecular and cellular genetics and plant biotechnology;

(iii) conventional breeding, including cultivar and breed development, selection theory, applied quantitative genetics, breeding for improved food quality, breeding for improved local adaptation to biotic stress and abiotic stress, and participatory breeding;

(iv) plant-pest interactions and biocontrol systems;

(v) crop plant response to environmental stresses;

(vi) unproved nutrient qualities of plant products; and

(vii) new food and industrial uses of plant products.

(B) Animal health and production and animal products

Animal systems, including—

(i) aquaculture;

(ii) cellular and molecular basis of animal reproduction, growth, disease, and health;

(iii) animal biotechnology;

(iv) conventional breeding, including breed development, selection theory, applied quantitative genetics, breeding for improved food quality, breeding for improved local adaptation to biotic stress and abiotic stress, and participatory breeding;

(v) identification of genes responsible for improved production traits and resistance to disease;

(vi) improved nutritional performance of animals;

(vii) improved nutrient qualities of animal products and uses;

(viii) the development of new and improved animal husbandry and production systems that take into account production efficiency, animal well-being, and animal systems applicable to aquaculture;

(ix) the research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for pests and diseases, including—

(I) epizootic diseases in domestic livestock (including deer, elk, bison, and other animals of the family Cervidae); and

(II) zoonotic diseases (including bovine brucellosis and bovine tuberculosis) in domestic livestock or wildlife reservoirs that present a potential concern to public health; and


(x) the identification of animal drug needs and the generation and dissemination of data for safe and effective therapeutic applications of animal drugs for minor species and minor uses of such drugs in major species.

(C) Food safety, nutrition, and health

Nutrition, food safety and quality, and health, including—

(i) microbial contaminants and pesticides residue relating to human health;

(ii) links between diet and health;

(iii) bioavailability of nutrients;

(iv) postharvest physiology and practices; and

(v) improved processing technologies.

(D) Bioenergy, natural resources, and environment

Natural resources and the environment, including—

(i) fundamental structures and functions of ecosystems;

(ii) biological and physical bases of sustainable production systems;

(iii) soil health;

(iv) minimizing soil and water losses and sustaining surface water and ground water quality;

(v) the effectiveness of conservation practices and technologies designed to address nutrient losses and improve water quality;

(vi) global climate effects on agriculture;

(vii) forestry; and

(viii) biological diversity.

(E) Agriculture systems and technology

Engineering, products, and processes, including—

(i) new uses and new products from traditional and nontraditional crops, animals, byproducts, and natural resources;

(ii) robotics, energy efficiency, computing, and expert systems;

(iii) new hazard and risk assessment and mitigation measures;

(iv) water quality and management; and

(v) tools that accelerate the use of automation or mechanization for labor-intensive tasks in the production and distribution of crops.

(F) Agriculture economics and rural communities

Markets, trade, economics, and policy, including—

(i) strategies for entering into and being competitive in domestic and overseas markets;

(ii) farm efficiency and profitability, including the viability and competitiveness of small and medium-sized dairy, livestock, crop and other commodity operations;

(iii) new decision tools for farm and market systems;

(iv) choices and applications of technology;

(v) the economic costs, benefits, and viability of producers adopting conservation practices and technologies designed to improve water quality;

(vi) technology assessment;

(vii) new approaches to rural development, including rural entrepreneurship; and

(viii) barriers and bridges to entry and farm viability for young, beginning, socially disadvantaged, veteran, and immigrant farmers and ranchers, including farm succession, transition, transfer, entry, and profitability issues.

(3) Term

The term of a competitive grant made under this subsection may not exceed 10 years.

(4) General administration

In making grants under this subsection, the Secretary shall—

(A) seek and accept proposals for grants;

(B) determine the relevance and merit of proposals through a system of peer and merit review in accordance with section 7613 of this title;

(C) award grants on the basis of merit, quality, and relevance;

(D) solicit and consider input from persons who conduct or use agricultural research, extension, or education in accordance with section 7612(b) of this title;

(E) in seeking proposals for grants under this subsection and in performing peer review evaluations of such proposals, seek the widest participation of qualified individuals in the Federal Government, colleges and universities, State agricultural experiment stations, and the private sector; and

(F) establish procedures, including timelines, under which an entity established under a commodity promotion law (as such term is defined under section 7401(a) of this title) or a State commodity board (or other equivalent State entity) may directly submit to the Secretary for consideration proposals for requests for applications that specifically address particular issues related to the priority areas specified in paragraph (2).

(5) Allocation of funds

In making grants under this subsection, the Secretary shall allocate funds to the Agriculture and Food Research Initiative to ensure that, of funds allocated for research activities—

(A) not less than 60 percent is made available to make grants for fundamental research (as defined in subsection (f)(1) of section 6971 of this title), of which—

(i) not less than 30 percent is made available to make grants for research to be conducted by multidisciplinary teams; and

(ii) not more than 2 percent is used for equipment grants under paragraph (6)(A); and


(B) not less than 40 percent is made available to make grants for applied research (as defined in subsection (f)(1) of section 6971 of this title).

(6) Special considerations

In making grants under this subsection, the Secretary may assist in the development of capabilities in the agricultural, food, and environmental sciences by providing grants—

(A) to an institution to allow for the improvement of the research, development, technology transfer, and education capacity of the institution through the acquisition of special research equipment and the improvement of agricultural education and teaching, except that the Secretary shall use not less than 25 percent of the funds made available for grants under this subparagraph to provide fellowships to outstanding pre- and post-doctoral students for research in the agricultural sciences;

(B) to a single investigator or coinvestigators who are beginning research careers and do not have an extensive research publication record, except that, to be eligible for a grant under this subparagraph, an individual shall be within 5 years of the beginning of the initial career track position of the individual;

(C) to ensure that the faculty of small, mid-sized, and minority-serving institutions who have not previously been successful in obtaining competitive grants under this subsection receive a portion of the grants;

(D) to improve research, extension, and education capabilities in States (as defined in section 3103 of this title) in which institutions have been less successful in receiving funding under this subsection, based on a 3-year rolling average of funding levels;

(E) to eligible entities to carry out the specific proposals submitted under procedures established under paragraph (4)(F) only if such specific proposals are consistent with a priority area specified in paragraph (2); and

(F) to an institution to carry out collaboration in biomedical and agricultural research using existing research models.

(7) Eligible entities

The Secretary may make grants to carry out research, extension, and education under this subsection to—

(A) State agricultural experiment stations;

(B) colleges and universities;

(C) university research foundations;

(D) other research institutions and organizations;

(E) Federal agencies;

(F) national laboratories;

(G) private organizations, foundations, or corporations;

(H) individuals; or

(I) any group consisting of 2 or more of the entities described in subparagraphs (A) through (H).

(8) Construction prohibited

Funds made available for grants under this subsection shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees).

(9) Matching funds

(A) Equipment grants

(i) In general

Except as provided in clause (ii), in the case of a grant made under paragraph (6)(A), the amount provided under this subsection may not exceed 50 percent of the cost of the special research equipment or other equipment acquired using funds from the grant.

(ii) Waiver

The Secretary may waive all or part of the matching requirement under clause (i) in the case of a college, university, or research foundation maintained by a college or university that ranks in the lowest 1/3 of such colleges, universities, and research foundations on the basis of Federal research funds received, if the equipment to be acquired using funds from the grant costs not more than $25,000 and has multiple uses within a single research project or is usable in more than 1 research project.

(B) Contribution requirement for commodity promotion grants

(i) In general

Subject to clause (ii), as a condition of funding a grant under paragraph (6)(E), the Secretary shall require that the grant be matched with an equal contribution of funds from the entities described in paragraph (4)(F) submitting proposals under procedures established under such paragraph.

(ii) Availability of funds

(I) In general

Contributions required by clause (i) shall be available to the Secretary for obligation and remain available until expended for the purpose of making grants under paragraph (6)(E).

(II) Administration

Of amounts contributed to the Secretary under clause (i), not more than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary in carrying out this subsection.

(III) Restriction

Funds contributed to the Secretary by an entity under clause (i) in connection with a proposal submitted by that entity under procedures established under paragraph (4)(F) may only be used to fund grants in connection with that proposal.

(IV) Remaining funds

Funds contributed to the Secretary by an entity under clause (i) that remain unobligated at the time of grant closeout shall be returned to that entity.

(V) Indirect costs

The indirect cost rate applicable to appropriated funds for a grant funded under paragraph (6)(E) shall apply to amounts contributed by an entity under clause (i).

(C) Applied research

An entity receiving a grant under paragraph (5)(B) for applied research that is commodity-specific and not of national scope shall provide non-Federal matching funds equal to not less than the amount of the grant.

(10) Program administration

To the maximum extent practicable, the Director of the National Institute of Food and Agriculture, in coordination with the Under Secretary for Research, Education, and Economics, shall allocate grants under this subsection to high-priority research, taking into consideration, when available, the determinations made by the National Agricultural Research, Extension, Education, and Economics Advisory Board (as established under section 3123 of this title).

(11) Authorization of appropriations

(A) In general

There is authorized to be appropriated to carry out this subsection $700,000,000 for each of fiscal years 2008 through 2023, of which—

(i) not less than 30 percent shall be made available for integrated research pursuant to section 7626 of this title; and

(ii) not more than 5 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary in carrying out this subsection.

(B) Availability

Funds made available under this paragraph shall—

(i) be available for obligation for a 2-year period beginning on October 1 of the fiscal year for which the funds are first made available; and

(ii) remain available until expended to pay for obligations incurred during that 2-year period.

(c) Special grants

(1) The Secretary of Agriculture may make grants, for periods not to exceed 3 years—

(A) to State agricultural experiment stations, all colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals for the purpose of conducting research, extension, or education activities to facilitate or expand promising breakthroughs in areas of the food and agricultural sciences of importance to the United States; and

(B) to State agricultural experiment stations, land-grant colleges and universities, research foundations established by land-grant colleges and universities, colleges and universities receiving funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.), and accredited schools or colleges of veterinary medicine for the purpose of facilitating or expanding ongoing State-Federal food and agricultural research, extension, or education programs that—

(i) promote excellence in research, extension, or education on a regional and national level;

(ii) promote the development of regional research centers;

(iii) promote the research partnership between the Department of Agriculture, colleges and universities, research foundations, and State agricultural experiment stations for regional research efforts; and

(iv) facilitate coordination and cooperation of research, extension, or education among States through regional grants.


(2) Limitations.—The Secretary may not make a grant under this subsection for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.

(3) Matching Funds.—Grants made under this subsection shall be made without regard to matching funds.

(4) Set Asides.—Of amounts appropriated for a fiscal year to carry out this subsection—

(A) ninety percent of such amounts shall be used for grants for regional research projects; and

(B) four percent of such amounts may be retained by the Secretary to pay administrative costs incurred by the Secretary to carry out this subsection.


(5) Review requirements.—

(A) Research activities.—The Secretary shall make a grant under this subsection for a research activity only if the activity has undergone scientific peer review arranged by the grantee in accordance with regulations promulgated by the Secretary.

(B) Extension and education activities.—The Secretary shall make a grant under this subsection for an extension or education activity only if the activity has undergone merit review arranged by the grantee in accordance with regulations promulgated by the Secretary.


(6) Reports.—

(A) In general.—A recipient of a grant under this subsection shall submit to the Secretary on an annual basis a report describing the results of the research, extension, or education activity and the merit of the results.

(B) Public availability.—

(i) In general.—Except as provided in clause (ii), on request, the Secretary shall make the report available to the public.

(ii) Exceptions.—Clause (i) shall not apply to the extent that making the report, or a part of the report, available to the public is not authorized or permitted by section 552 of title 5 or section 1905 of title 18.

(d) Extension design and demonstration initiative

(1) Purpose

The purpose of this subsection is to encourage the design of adaptive prototype systems for improving extension and education that seek to advance the application, translation, and demonstration of scientific discoveries and other agricultural research for the adoption and understanding of food, agricultural, and natural resources practices, techniques, methods, and technologies using digital or other novel platforms.

(2) Grants

The Secretary shall award grants each fiscal year on a competitive basis—

(A) for the design of 1 or more extension and education prototype systems—

(i) that leverage digital platforms or other novel means of translating, delivering, or demonstrating agricultural research; and

(ii) to adapt, apply, translate, or demonstrate scientific findings, data, technology, and other research outcomes to producers, the agricultural industry, and other interested persons or organizations; and


(B) to demonstrate, by incorporating analytics and specific metrics, the value, impact, and return on the Federal investment of a prototype system designed under subparagraph (A) as a model for use by other eligible entities described in paragraph (3) for improving, modernizing, and adapting applied research, demonstration, and extension services.

(3) Eligible entities

An entity that is eligible to receive a grant under paragraph (2) is—

(A) a State agricultural experiment station (as defined in section 3103 of this title);

(B) a cooperative extension service (as defined in such section); and

(C) a land-grant college or university (as defined in such section).

(4) Requirement

The Secretary shall award grants under paragraph (2) to not fewer than 2 and not more than 5 eligible entities described in paragraph (3) that represent a diversity of regions, commodities, and agricultural or food production issues.

(5) Term

The term of a grant awarded under paragraph (2) shall be not longer than 5 years.

(6) Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.

(e) Inter-Regional Research Project Number 4

(1) The Secretary of Agriculture shall establish an Inter-Regional Research Project Number 4 (hereinafter referred to in this subsection as the "IR–4 Program") to assist in the collection of residue and efficacy data in support of—

(A) the registration or reregistration of pesticides for minor agricultural use and for use on specialty crops (as defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note)), under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); and

(B) tolerances for residues of minor use chemicals in or on raw agricultural commodities under sections 346a and 348 of title 21.


(2) The Secretary shall carry out the IR–4 Program in cooperation with the Administrator of the Environmental Protection Agency, State agricultural experiment stations, colleges and universities, extension services, private industry, and other interested parties.

(3) In carrying out the IR–4 Program, the Secretary shall give priority to registrations, reregistrations, and tolerances for pesticide uses related to the production of agricultural crops for food use.

(4) As part of carrying out the IR–4 Program, the Secretary shall—

(A) participate in research activities aimed at reducing residues of pesticides registered for minor agricultural use and for use on specialty crops;

(B) develop analytical techniques applicable to residues of pesticides registered for minor agricultural use, including automation techniques and validation of analytical methods;

(C) prioritize potential pest management technology for minor agricultural use and for use on specialty crops;

(D) conduct research to develop the data necessary to facilitate pesticide registrations, reregistrations, and associated tolerances;

(E) assist in removing trade barriers caused by residues of pesticides registered for minor agricultural use and for use on domestically grown specialty crops;

(F) assist in the registration and reregistration of pest management technologies for minor agricultural use and for use on specialty crops; and

(G) coordinate with other programs within the Department of Agriculture and the Environmental Protection Agency designed to develop and promote biological and other alternative control measures.


(5) The Secretary shall prepare and submit, to appropriate Committees of Congress, a report on an annual basis that contains—

(A) a listing of all registrations, reregistrations, and tolerances for which data has been collected in the preceding year;

(B) a listing of all registrations, reregistrations, and tolerances for which data collection is scheduled to occur in the following year, with an explanation of the priority system used to develop this list; and

(C) a listing of all activities the IR–4 Program has carried out pursuant to paragraph (4).


(6) The Secretary shall submit to Congress not later than November 28, 1991, a report detailing the feasibility of requiring recoupment of the costs of developing residue data for registrations, reregistrations, or tolerances under this program. Such recoupment shall only apply to those registrants which make a profit on such registration, reregistration, or tolerance subsequent to residue data development under this program. Such report shall include:

(A) an analysis of possible benefits to the IR–4 Program of such a recoupment;

(B) an analysis of the impact of such a payment on the availability of registrants to pursue registrations or reregistrations of minor use pesticides; and

(C) recommendations for implementation of such a recoupment policy.


(7) There are authorized to be appropriated $25,000,000 for fiscal year 1991, and such sums as are necessary for subsequent fiscal years to carry out this subsection.

(f) Record keeping

Each recipient of assistance under this section shall keep such records as the Secretary of Agriculture shall, by regulation, prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grants, the total cost of the project or undertaking in connection with which such funds are given or used, and the amount of that portion of the costs of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. The Secretary of Agriculture and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this section.

(g) Limits on overhead costs

The Secretary of Agriculture shall limit allowable overhead costs, with respect to grants awarded under this section, to those necessary to carry out the purposes of the grants.

(h) Authorization of appropriations

Except as otherwise provided in subsections (b), (d), and (e), there are hereby authorized to be appropriated such sums as are necessary to carry out this section.

(i) Rules

The Secretary of Agriculture may issue such rules and regulations as the Secretary deems necessary to carry out this section.

(j) Application of other laws

The Federal Advisory Committee Act and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to a panel or board created for the purpose of reviewing applications or proposals submitted under this section.

(k) Emphasis on sustainable agriculture

The Secretary of Agriculture shall ensure that grants made under subsections (b) and (c) are, where appropriate, consistent with the development of systems of sustainable agriculture. For purposes of this section, the term "sustainable agriculture" has the meaning given that term in section 3103 of this title.

(Pub. L. 89–106, §2, Aug. 4, 1965, 79 Stat. 431; Pub. L. 95–113, title XIV, §1414, Sept. 29, 1977, 91 Stat. 991; Pub. L. 97–98, title XIV, §1415, Dec. 22, 1981, 95 Stat. 1303; Pub. L. 99–198, title XIV, §1409, Dec. 23, 1985, 99 Stat. 1546; Pub. L. 101–624, title XIV, §1497, title XVI, §§1615, 1616, Nov. 28, 1990, 104 Stat. 3630, 3729, 3732; Pub. L. 102–237, title IV, §401, Dec. 13, 1991, 105 Stat. 1862; Pub. L. 104–66, title I, §1011(v), Dec. 21, 1995, 109 Stat. 711; Pub. L. 104–127, title VIII, §885, Apr. 4, 1996, 110 Stat. 1179; Pub. L. 105–185, title II, §§211, 212, title III, §301(f), title VI, §606(h), June 23, 1998, 112 Stat. 536, 563, 604; Pub. L. 107–76, title VII, §775, Nov. 28, 2001, 115 Stat. 746; Pub. L. 107–171, title VI, §6403(b), title VII, §§7136, 7211, May 13, 2002, 116 Stat. 429, 436, 447; Pub. L. 110–234, title VII, §§7101(b)(2), 7406(a), (b)(2), May 22, 2008, 122 Stat. 1213, 1247, 1251; Pub. L. 110–246, §4(a), title VII, §§7101(b)(2), 7406(a), (b)(2), June 18, 2008, 122 Stat. 1664, 1974, 2009, 2013; Pub. L. 113–79, title VII, §§7128(b)(4), 7404, Feb. 7, 2014, 128 Stat. 879, 895; Pub. L. 115–334, title VII, §§7504, 7505, 7614(b)(4)(B), Dec. 20, 2018, 132 Stat. 4821, 4822, 4836.)

References in Text

Act of October 10, 1962, referred to in subsec. (c)(1)(B), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.

Section 3 of the Specialty Crops Competitiveness Act of 2004, referred to in subsec. (e)(1)(A), is section 3 of Pub. L. 108–465, which is set out as a note under section 1621 of this title.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (e)(1)(A), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§136 et seq.) of chapter 6 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 136 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (j), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

The Food and Agriculture Act of 1977, referred to in subsec. (j), is Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913. Title XVIII of the Act is classified generally to chapter 55A (§2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables.

Codification

Section was formerly classified to section 450i of this title prior to editorial reclassification and renumbering as this section.

Section was enacted as the Competitive, Special, and Facilities Research Grant Act, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

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

2018—Subsec. (b)(2)(D)(iii) to (viii). Pub. L. 115–334, §7504(1)(A), added cl. (iii) and redesignated former cls. (iii) to (vii) as (iv) to (viii), respectively.

Subsec. (b)(2)(E)(v). Pub. L. 115–334, §7504(1)(B), added cl. (v).

Subsec. (b)(2)(F)(viii). Pub. L. 115–334, §7504(1)(C), added cl. (viii).

Subsec. (b)(6)(F). Pub. L. 115–334, §7504(2), added subpar. (F).

Subsec. (b)(9)(A)(iii). Pub. L. 115–334, §7614(b)(4)(B)(i), struck out cl. (iii). Text read as follows: "The matching funds requirement under section 3371 of this title shall not apply in the case of a grant made under paragraph (6)(A)."

Subsec. (b)(9)(B)(i). Pub. L. 115–334, §7614(b)(4)(B)(ii)(I), substituted "clause (ii)," for "clauses (ii) and (iii),".

Subsec. (b)(9)(B)(iii). Pub. L. 115–334, §7614(b)(4)(B)(ii)(II), struck out cl. (iii). Text read as follows: "The contribution requirement under clause (i) shall be in addition to any matching funds requirement for grant recipients required by section 3371 of this title."

Subsec. (b)(9)(C). Pub. L. 115–334, §7614(b)(4)(B)(iii), added subpar. (C).

Subsec. (b)(11)(A). Pub. L. 115–334, §7504(3)(A), substituted "2023" for "2018" in introductory provisions.

Subsec. (b)(11)(A)(ii). Pub. L. 115–334, §7504(3)(B), substituted "5" for "4".

Subsec. (c)(2). Pub. L. 115–334, §7505(b)(1), substituted "this subsection" for "this subsection—", struck out subpar. (B) designation before "for the planning", and struck out subpar. (A) which read as follows: "for any purpose for which a grant may be made under subsection (d); or".

Subsec. (d). Pub. L. 115–334, §7505(a), added subsec. (d).

Subsec. (h). Pub. L. 115–334, §7505(b)(2), inserted ", (d)," after "subsections (b)".

2014—Subsec. (b)(2)(B)(ix), (x). Pub. L. 113–79, §7404(b)(1), added cls. (ix) and (x).

Subsec. (b)(2)(D). Pub. L. 113–79, §7404(b)(2)(A), substituted "Bioenergy" for "Renewable energy" in heading.

Subsec. (b)(2)(D)(iv) to (vii). Pub. L. 113–79, §7404(b)(2)(B), (C), added cl. (iv) and redesignated former cls. (iv) to (vi) as (v) to (vii), respectively.

Subsec. (b)(2)(F). Pub. L. 113–79, §7404(b)(3)(A), inserted "economics," after "trade," in introductory provisions.

Subsec. (b)(2)(F)(v) to (vii). Pub. L. 113–79, §7404(b)(3)(B), (C), added cl. (v) and redesignated former cls. (v) and (vi) as (vi) and (vii), respectively.

Subsec. (b)(4)(F). Pub. L. 113–79, §7404(c), added subpar. (F).

Subsec. (b)(6)(E). Pub. L. 113–79, §7404(d), added subpar. (E).

Subsec. (b)(7)(G). Pub. L. 113–79, §7404(e), substituted ", foundations, or corporations" for "or corporations".

Subsec. (b)(9)(A)(iii). Pub. L. 113–79, §7128(b)(4)(A), added cl. (iii).

Subsec. (b)(9)(B). Pub. L. 113–79, §7404(f), added subpar. (B).

Pub. L. 113–79, §7128(b)(4)(B), struck out subpar. (B) which related to applied research.

Subsec. (b)(11)(A). Pub. L. 113–79, §7404(a), substituted "2018" for "2012" in introductory provisions.

Subsec. (e)(1)(A). Pub. L. 113–79, §7404(g)(1), substituted "pesticides for minor agricultural use and for use on specialty crops (as defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note))," for "minor use pesticides".

Subsec. (e)(4)(A). Pub. L. 113–79, §7404(g)(2)(A), inserted "and for use on specialty crops" after "minor agricultural use".

Subsec. (e)(4)(C) to (G). Pub. L. 113–79, §7404(g)(2)(B)–(D), added subpars. (C) to (F) and redesignated former subpar. (C) as (G).

2008—Subsec. (b). Pub. L. 110–246, §7406(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) authorized the Secretary to make competitive grants for research to further Department of Agriculture programs and to conduct a program to improve research capabilities in the agricultural, food, and environmental sciences and required an annual report to Congress describing the operations of the program during the preceding fiscal year.

Subsec. (d). Pub. L. 110–246, §7406(b)(2), struck out subsec. (d) which related to annual grants to support the renovation and refurbishment of research spaces in buildings or spaces to be used for research and the purchase and installation of fixed equipment in such spaces.

Subsec. (k). Pub. L. 110–246, §7101(b)(2), which directed amendment of "Section 2(k) of the Competitive, Special, and Facilities Research Grant Act" by substituting "3103" for "3103(17)", was executed by making the substitution to subsec. (k) of this section, which is the Competitive, Special, and Facilities Research Grant Act, to reflect the probable intent of Congress.

2002—Subsec. (b)(2). Pub. L. 107–171, §7211, substituted "in the areas described in subparagraphs (A) through (F). Such needs shall be determined by the Secretary, in consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board, not later than July 1 of each fiscal year for the purposes of the following fiscal year." for "in—" in provisions preceding subpar. (A).

Subsec. (b)(8)(B). Pub. L. 107–171, §6403(b), substituted "college, university, or research foundation maintained by a college or university that ranks in the lowest 1/3 of such colleges, universities, and research foundations on the basis of Federal research funds received" for "smaller college or university (as described in section 2204f(c)(2)(C)(ii) of this title)" in second sentence.

Subsec. (b)(10). Pub. L. 107–171, §7136, substituted "2007" for "2002" in introductory provisions.

2001—Subsec. (b)(3)(G). Pub. L. 107–76, §775(1), added subpar. (G).

Subsec. (b)(10)(C). Pub. L. 107–76, §775(2), substituted ", (F), and (G) of paragraph (3) for" for "and (F) of paragraph (3) for awarding grants in".

1998—Subsec. (b)(1). Pub. L. 105–185, §§211(1), 606(h)(1), in first sentence, inserted "national laboratories," after "Federal agencies," and in second sentence, substituted "National Agricultural Research, Extension, Education, and Economics Advisory Board (as established under section 3123 of this title)" for "Joint Council on Food and Agricultural Sciences and the National Agricultural Research and Extension Users Advisory Board".

Subsec. (b)(2). Pub. L. 105–185, §211(2), substituted "multistate" for "regional" in introductory provisions.

Subsec. (b)(3)(E). Pub. L. 105–185, §211(3), substituted "an individual shall be within 5 years of the individual's initial career track position" for "an individual shall have less than 5 years of post-graduate research experience" in second sentence.

Subsec. (b)(8)(B). Pub. L. 105–185, §211(4), substituted "the cost of" for "the cost" and inserted at end "The Secretary may waive all or part of the matching requirement under this subparagraph in the case of a smaller college or university (as described in section 2204f(c)(2)(C)(ii) of this title) if the equipment to be acquired costs not more than $25,000 and has multiple uses within a single research project or is usable in more than 1 research project."

Subsec. (b)(10). Pub. L. 105–185, §301(f), substituted "2002" for "1997" in introductory provisions.

Subsec. (c)(1). Pub. L. 105–185, §212(1)(A), substituted "3 years" for "5 years" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 105–185, §212(1)(B), inserted ", extension, or education activities" after "conducting research".

Subsec. (c)(1)(B). Pub. L. 105–185, §212(1)(C)(i), inserted ", extension, or education" after "agricultural research" in introductory provisions.

Subsec. (c)(1)(B)(i). Pub. L. 105–185, §212(1)(C)(ii), inserted ", extension, or education" after "research".

Subsec. (c)(1)(B)(iv). Pub. L. 105–185, §212(1)(C)(iii), substituted ", extension, or education among States through regional" for "among States through regional research".

Subsec. (c)(5), (6). Pub. L. 105–185, §212(2), added pars. (5) and (6).

Subsec. (l). Pub. L. 105–185, §606(h)(2), struck out heading and text of subsec. (l). Text read as follows: "The Secretary of Agriculture may consult with the Agricultural Science and Technology Review Board regarding the policies, priorities, and operation of subsections (b) and (c) of this section."

1996—Subsec. (b)(10). Pub. L. 104–127, §885(a)(1), substituted "each of fiscal years 1995 through 1997" for "fiscal year 1995" in introductory provisions.

Subsec. (b)(10)(B). Pub. L. 104–127, §885(a)(2), substituted "40 percent" for "20 percent".

Subsec. (b)(11). Pub. L. 104–127, §885(b), added par. (11).

1995—Subsecs. (l), (m). Pub. L. 104–66 redesignated subsec. (m) as (l) and struck out former subsec. (l) which directed Secretary of Agriculture to submit annual reports to Congress on competitive grant and special grant awards.

1991—Subsec. (a). Pub. L. 102–237, §401(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (b)(10). Pub. L. 102–237, §401(b)(1), struck out "and" after "1993,".

Subsec. (e). Pub. L. 102–237, §401(b)(2)(A), substituted "Inter-Regional Research Project Number 4" for "Record keeping" as heading.

Subsec. (e)(1). Pub. L. 102–237, §401(b)(2)(B), substituted "this subsection" for "this section" in introductory provisions.

Subsec. (e)(2) to (4). Pub. L. 102–237, §401(b)(2)(C), substituted "IR–4 Program" for "IR–4 program".

Subsec. (e)(5)(B). Pub. L. 102–237, §401(b)(2)(D), substituted "registrations," for "registration," and inserted "and" at end.

Subsec. (e)(5)(C). Pub. L. 102–237, §401(b)(2)(C), substituted "IR–4 Program" for "IR–4 program".

Subsec. (e)(6). Pub. L. 102–237, §401(b)(2)(E), substituted "not later than November 28, 1991," for "within one year of November 28, 1990," and inserted a comma after "reregistrations" in first sentence.

Subsec. (e)(6)(A). Pub. L. 102–237, §401(b)(2)(C), substituted "IR–4 Program" for "IR–4 program".

Subsec. (e)(7). Pub. L. 102–237, §401(b)(2)(B), substituted "this subsection" for "this section".

Subsec. (f). Pub. L. 102–237, §401(b)(3), substituted "Record keeping" for "Limits on overhead costs" as heading.

Subsec. (g). Pub. L. 102–237, §401(b)(4), substituted "Limits on overhead costs" for "Authorization of appropriations" as heading.

Subsec. (h). Pub. L. 102–237, §401(b)(5), substituted "Authorization of appropriations" for "Rules" as heading and "subsections (b) and (e)" for "subsection (b) of this section" and struck out "the provisions of" after "to carry out".

Subsec. (i). Pub. L. 102–237, §401(b)(6), substituted "Rules" for "Application of other laws" as heading, substituted "may" for "is authorized to", and struck out "the provisions of" after "to carry out".

Subsec. (j). Pub. L. 102–237, §401(b)(7), (8), inserted "Application of other laws" as heading and redesignated another subsec. (j), relating to emphasis on sustainable agriculture, as (k).

Subsecs. (k) to (m). Pub. L. 102–237, §401(b)(8), redesignated subsecs. (j) to (l), as added by Pub. L. 101–624, §1615(b), as (k) to (m), respectively.

1990Pub. L. 101–624, §1615(c)(1), inserted "Competitive, special, and facilities research grants" as section catchline.

Subsec. (a). Pub. L. 101–624, §1615(c)(1), inserted heading.

Subsec. (b). Pub. L. 101–624, §1615(a), inserted heading, designated first two sentences of existing text as par. (1), added pars. (2) to (10), and struck out former similar provisions which identified "high priority research" as well as provisions relating to the awarding, administration, and funding of such research.

Subsec. (c). Pub. L. 101–624, §1616, amended subsec. (c) generally, designating former introductory text as par. (1), redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, and in subpar. (A), expanding the entities which may receive grants under this subsection to include all colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals for the purpose of conducting research in areas of food and agriculture important to the U.S., and designating former closing provisions as pars. (2) through (4), and in par. (4), inserting provisions requiring that ninety percent of the amounts appropriated for a fiscal year under this subsection be used for regional research projects.

Subsec. (d). Pub. L. 101–624, §1615(c)(2), inserted heading.

Subsec. (e). Pub. L. 101–624, §§1497(1), (2), 1615(c)(3), added subsec. (e), inserted heading, and redesignated former subsec. (e) as (f).

Subsec. (f). Pub. L. 101–624, §§1497(1), 1615(c)(4), redesignated subsec. (e) as (f) and inserted heading. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 101–624, §§1497(1), 1615(c)(5), redesignated subsec. (f) as (g) and inserted heading. Former subsec. (g) redesignated (h).

Pub. L. 101–624, §1497(3), which directed insertion of "and subsection (e)" after "subsection (b)", could not be executed because "subsection (b)" did not appear in text.

Subsec. (h). Pub. L. 101–624, §§1497(1), 1615(c)(6), redesignated subsec. (g) as (h) and inserted heading. Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 101–624, §§1497(1), 1615(c)(7), redesignated subsec. (h) as (i) and inserted heading. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 101–624, §1615(b), added subsec. (j) relating to emphasis on sustainable agriculture.

Pub. L. 101–624, §1497(1), redesignated subsec. (i), relating to application of other laws, as (j).

Subsecs. (k) and (l). Pub. L. 101–624, §1615(b), added subsecs. (k) and (l).

1985—Subsec. (b). Pub. L. 99–198, §1409(a)(1), (2), substituted in third sentence par. "(2) research, with emphasis on biotechnology," for "(2) research" and added pars. (7) and (8), and prohibited any grant under subsec. (b) for any purpose for which a grant may be made under subsec. (d) or for the planning, repair, rehabilitation, acquisition, or construction of a building or a facility.

Pub. L. 99–198, §1409(a)(3), in concluding provisions substituted appropriations authorization of $70,000,000 annually for fiscal years ending Sept. 30, 1986, through Sept. 30, 1990 for prior authorization of 25, 30, 35, and 40 million dollars for fiscal years ending Sept. 30, 1978, through Sept. 30, 1981, and 50 million dollars annually for fiscal years ending Sept. 30, 1982, through Sept. 30, 1985, and for any subsequent fiscal year not in excess of such sums as may be authorized by law; and authorized retention of four percent of appropriated funds for payment of administrative costs.

Subsec. (c). Pub. L. 99–198, §1409(b)(1), prohibited any grant under subsec. (c) for any purpose for which a grant may be made under subsec. (d) or for the planning, repair, rehabilitation, acquisition, or construction of a building or a facility.

Pub. L. 99–198, §1409(b)(2), authorized retention of four percent of appropriated funds for payment of administrative costs.

Subsec. (i). Pub. L. 99–198, §1409(c), added subsec. (i).

1981—Subsec. (b). Pub. L. 97–98, §1415(a), inserted "and the National Agricultural Research and Extension Users Advisory Board" and provision specifying what is included in high priority research and substituted "for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985" for "for the fiscal year ending September 30, 1982".

Subsec. (c). Pub. L. 97–98, §1415(b), in par. (1) inserted "research foundations established by land-grant colleges and universities,", in par. (2) inserted reference to research foundations established by land-grant colleges and universities, colleges and universities receiving funds under the Act of October 10, 1962, and accredited schools or colleges of veterinary medicine, and added subpar. (D).

Subsec. (d). Pub. L. 97–98, §1415(c), in provision preceding par. (1) substituted provision directing that annual grants be made to support the renovation and refurbishment, including energy retrofitting, of research spaces in buildings or spaces to be used for research, and the purchase and installation of fixed equipment in such spaces and providing that grants may be used for new construction only for auxiliary facilities and fixed equipment used for research in such facilities, such as greenhouses, insectaries, and research farm structures and installations for provision that grants be made to support the purchase of equipment, supplies, and land, and the construction, alteration, or renovation of buildings, necessary for the conduct of food and agricultural research and added pars. (3) and (4).

1977Pub. L. 95–113 designated existing provisions as subsec. (e) and a part of subsec. (b) and added the remainder of subsec. (b) and subsecs. (a), (c), (d), (f), (g), and (h).

Effective Date of 2018 Amendment

Amendment by section 7614(b)(4)(B) of Pub. L. 115–334 applicable to grants, cooperative agreements, or other awards made after Dec. 20, 2018, with matching funds requirement in effect on Dec. 20, 2018, to continue to apply to such grant, cooperative agreement, or other award, see section 7614(c) of Pub. L. 115–334, set out as a note under section 3151 of this title.

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.

Pub. L. 110–234, title VII, §7406(c), May 22, 2008, 122 Stat. 1251, and Pub. L. 110–246, §4(a), title VII, §7406(c), June 18, 2008, 122 Stat. 1664, 2013, provided that: "The amendments made by this section [amending this section and sections 3319, 5924, and 5925b of this title and repealing section 7621 of this title] shall not apply to any solicitation for grant applications issued by the Cooperative State Research, Education, and Extension Service before the date of enactment of this Act [June 18, 2008]."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Effective Date of 1985 Amendment

Pub. L. 99–198, title XIV, §1409(a)(3), Dec. 23, 1985, 99 Stat. 1547, provided that the amendment made by section 1409(a)(3) of Pub. L. 99–198 is effective Oct. 1, 1985.

Pub. L. 99–198, title XIV, §1409(b)(2), Dec. 23, 1985, 99 Stat. 1547, provided that the amendment made by section 1409(b)(2) of Pub. L. 99–198 is effective Oct. 1, 1985.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

§3158. Next generation agriculture technology challenge

(a) In general

The Secretary shall establish a next generation agriculture technology challenge competition to provide an incentive for the development of innovative mobile technology that removes barriers to entry in the marketplace for beginning farmers and ranchers (as defined in subsection (a) of section 2279 of this title).

(b) Amount

The Secretary may award not more than $1,000,000 in the aggregate to 1 or more winners of the competition under subsection (a).

(Pub. L. 95–113, title XIV, §1419C, as added Pub. L. 115–334, title VII, §7110, Dec. 20, 2018, 132 Stat. 4784.)

§3159. Land-grant designation

(a) Prohibition on designation

(1) In general

Notwithstanding any other provision of law and except as provided in paragraphs (2) and (3), beginning on December 20, 2018, no additional entity may be designated as eligible to receive funds under a covered program.

(2) 1994 institutions

The prohibition under paragraph (1) with respect to the designation of an entity eligible to receive funds under a covered program shall not apply in the case of the certification of a 1994 Institution under section 2 of Public Law 87–788 (commonly known as the "McIntire-Stennis Cooperative Forestry Act") (16 U.S.C. 582a–1).

(3) Extraordinary circumstances

In the case of extraordinary circumstances or a situation that would lead to an inequitable result, as determined by the Secretary, the Secretary may determine that an entity designated after December 20, 2018, is eligible to receive funds under a covered program.

(b) State funding

No State shall receive an increase in funding under a covered program as a result of the State's designation of additional entities as eligible to receive such funding.

(c) Covered program defined

For purposes of this section, the term "covered program" means agricultural research, extension, education, and related programs or grants established or available under any of the following:

(1) Subsections (b), (c), and (d) of section 343 of this title.

(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).

(3) Sections 3221, 3222, and 3222b of this title.

(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

(d) Rule of construction

Nothing in this section shall be construed as limiting eligibility for a capacity and infrastructure program specified in section 6971(f)(1)(C) of this title that is not a covered program.

(Pub. L. 95–113, title XIV, §1419D, as added Pub. L. 115–334, title VII, §7111, Dec. 20, 2018, 132 Stat. 4784.)

References in Text

The Hatch Act of 1887, referred to in subsec. (c)(2), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 361a of this title and Tables.

Public Law 87–788, referred to in subsec. (c)(4), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.

SUBCHAPTER IV—NATIONAL FOOD AND HUMAN NUTRITION RESEARCH AND EXTENSION PROGRAM

§3171. Congressional findings and declaration of policy

(a) Findings

Congress finds that there is increasing evidence of a relationship between diet and many of the leading causes of death in the United States: that improved nutrition is an integral component of preventive health care; that there is a serious need for research on the chronic effects of diet on degenerative diseases and related disorders; that nutrition and health considerations are important to United States agricultural policy; that there is insufficient knowledge concerning precise human nutritional requirements, the interaction of the various nutritional constituents of food, and differences in nutritional requirements among different population groups such as infants, children, adolescents, elderly men and women, and pregnant women; and that there is a critical need for objective data concerning food safety, the potential of food enrichment, and means to encourage better nutritional practices.

(b) Declaration of policy

It is declared to be the policy of the United States that the Department of Agriculture conduct research in the fields of human nutrition and the nutritive value of foods and conduct human nutrition education activities, as provided in this subchapter.

(Pub. L. 95–113, title XIV, §1421, Sept. 29, 1977, 91 Stat. 999.)

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Nutrition Information and Awareness Pilot Program

Pub. L. 107–171, title IV, §4403, May 13, 2002, 116 Stat. 334, as amended by Pub. L. 110–234, title IV, §4406(c)(2), May 22, 2008, 122 Stat. 1142; Pub. L. 110–246, §4(a), title IV, §4406(c)(2), June 18, 2008, 122 Stat. 1664, 1903, directed the Secretary of Agriculture to establish, in not more than 5 States, for a period not to exceed 4 years for each participating State, a pilot program to increase the domestic consumption of fresh fruits and vegetables, prior to repeal by Pub. L. 113–79, title IV, §4210, Feb. 7, 2014, 128 Stat. 830.

§3172. Duties of Secretary of Agriculture

In order to carry out the policy of this subchapter, the Secretary shall develop and implement a national food and human nutrition research and extension program that shall include, but not be limited to—

(1) research on human nutritional requirements;

(2) research on the nutrient composition of foods and the effects of agricultural practices, handling, food processing, and cooking on the nutrients they contain;

(3) surveillance of the nutritional benefits provided to participants in the food programs administered by the Department of Agriculture;

(4) research on the factors affecting food preference and habits; and

(5) the development of techniques and equipment to assist consumers in the home or in institutions in selecting food that supplies a nutritionally adequate diet.

(Pub. L. 95–113, title XIV, §1422, Sept. 29, 1977, 91 Stat. 999.)

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3173. Research by Department of Agriculture

(a) Increase in level of support

The Secretary shall establish research into food and human nutrition as a separate and distinct mission of the Department of Agriculture, and the Secretary shall increase support for such research to a level that provides resources adequate to meet the policy of this subchapter.

(b) Periodic consultation with administrators of other Federal departments and agencies

The Secretary, in administering the food and human nutrition research program, shall periodically consult with the administrators of the other Federal departments and agencies that have responsibility for programs dealing with human food and nutrition, as to the specific research needs of those departments and agencies.

(Pub. L. 95–113, title XIV, §1423, Sept. 29, 1977, 91 Stat. 999.)

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

National Food and Human Nutrition Research Program; Congressional Findings; Comprehensive Plan; Annual Report; Joint Dietary Assessment, Studies and Reports; Submission of Plan and Reports to Congressional Committees

Pub. L. 99–198, title XIV, subtitle B, §§1451–1453, Dec. 23, 1985, 99 Stat. 1561, 1562, as amended by Pub. L. 104–127, title VIII, §872, Apr. 4, 1996, 110 Stat. 1175, provided that:

"findings

"Sec. 1451. Congress finds that—

"(1) nutrition and health considerations are important to United States agricultural policy;

"(2) section 1405 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) designates the Department of Agriculture as the lead agency of the Federal Government for human nutrition research (except with respect to the biomedical aspects of human nutrition concerned with diagnosis or treatment of disease);

"(3) section 1423 of such Act (7 U.S.C. 3173) requires the Secretary of Agriculture to establish research into food and human nutrition as a separate and distinct mission of the Department of Agriculture;

"(4) the Secretary has established a nutrition education program; and

"(5) nutrition research continues to be of great importance to those involved in agricultural production.

"[Sec. 1452. Repealed. Pub. L. 104–127, title VIII, §872, Apr. 4, 1996, 110 Stat. 1175.]

"dietary assessment and studies

"Sec. 1453. (a) The Secretary of Agriculture and the Secretary of Health and Human Services shall jointly conduct an assessment of existing scientific literature and research relating to—

"(1) the relationship between dietary cholesterol and blood cholesterol and human health and nutrition; and

"(2) dietary calcium and its importance in human health and nutrition.

In conducting the assessments under this subsection, the Secretaries shall consult with agencies of the Federal Government involved in related research. On completion of such assessments, the Secretaries shall each recommend such further studies as the Secretaries consider useful.

"(b) Not later than 1 year after the date of enactment of this Act [Dec. 23, 1985], the Secretary of Agriculture and the Secretary of Health and Human Services shall each submit to the House Committees on Agriculture and Energy and Commerce and the Senate Committees on Agriculture, Nutrition, and Forestry and Labor and Human Resources a report that shall include the results of the assessments conducted under subsection (a) and recommendations made under such subsection, for more complete studies of the issues examined under such subsection, including a protocol, feasibility assessment, budget estimates and a timetable for such research as each Secretary shall consider appropriate."

§§3174, 3174a. Repealed. Pub. L. 113–79, title VII, §§7108, 7109, Feb. 7, 2014, 128 Stat. 870

Section 3174, Pub. L. 95–113, title XIV, §1424, as added Pub. L. 104–127, title VIII, §808, Apr. 4, 1996, 110 Stat. 1162; amended Pub. L. 105–185, title III, §301(a)(4), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7104, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§7113, 7114, May 22, 2008, 122 Stat. 1219; Pub. L. 110–246, §4(a), title VII, §§7113, 7114, June 18, 2008, 122 Stat. 1664, 1980, 1981, related to human nutrition intervention and health promotion research program.

Section 3174a, Pub. L. 95–113, title XIV, §1424A, as added Pub. L. 104–127, title VIII, §808, Apr. 4, 1996, 110 Stat. 1163; amended Pub. L. 105–185, title III, §301(a)(5), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7105, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§7115, 7511(c)(10)(A), May 22, 2008, 122 Stat. 1220, 1268; Pub. L. 110–246, §4(a), title VII, §§7115, 7511(c)(10)(A), June 18, 2008, 122 Stat. 1664, 1981, 2029, related to pilot research program to combine medical and agricultural research.

Prior Provisions

A prior section 3174, Pub. L. 95–113, title XIV, §1424, as added Pub. L. 101–624, title XVI, §1610(a), Nov. 28, 1990, 104 Stat. 3719, provided for establishment of food science and nutrition research center for Southeast region of United States prior to repeal by Pub. L. 104–127, title VIII, §808, Apr. 4, 1996, 110 Stat. 1162.

Another prior section 3174, Pub. L. 95–113, title XIV, §1424, Sept. 29, 1977, 91 Stat. 1000, provided for a study assessing potential value and cost of establishing regional food and human nutrition research centers and a report thereon, with findings and recommendations, to be submitted to the Congress not later than one year after Oct. 1, 1977, prior to repeal by Pub. L. 99–198, title XIV, §1413, Dec. 23, 1985, 99 Stat. 1549.

§3175. Nutrition education program

(a) Definition of 1862 Institution and 1890 Institution

In this section, the terms "1862 Institution" and "1890 Institution" have the meaning given those terms in section 7601 of this title.

(b) Establishment

The Secretary shall establish a national education program which shall include, but not be limited to, the dissemination of the results of food and human nutrition research performed or funded by the Department of Agriculture.

(c) Employment and training

To enable low-income individuals and families to engage in nutritionally sound food purchasing and preparation practices, the expanded food and nutrition education program presently conducted under section 343(d) of this title, shall provide for the employment and training of professional and paraprofessional aides to engage in direct nutrition education of low-income families and in other appropriate nutrition education programs. To the maximum extent practicable, program aides shall be hired from the indigenous target population.

(d) Allocation of funding

Beginning with the fiscal year ending September 30, 1982—

(1) Any funds annually appropriated under section 343(d) of this title, for the conduct of the expanded food and nutrition education program, up to the amount appropriated under such section for such program for the fiscal year ending September 30, 1981, shall be allocated to each State in the same proportion as funds appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, are allocated among the States; with the exception that the Secretary may retain up to 2 per centum of such amount for the conduct of such program in States that did not participate in such program in the fiscal year ending September 30, 1981.

(2) Any funds appropriated annually under section 343(d) of this title, for the conduct of the expanded food and nutrition education program in excess of the amount appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, shall be allocated as follows:

(A) 4 per centum shall be available to the Secretary for administrative, technical, and other services necessary for the administration of the program.

(B) Notwithstanding section 343(d) of this title, the remainder shall be allocated among the States as follows:

(i) $100,000 shall be distributed to each 1862 Institution and 1890 Institution.

(ii) Subject to clause (iii), the remainder shall be allocated to each State in an amount that bears the same ratio to the total amount to be allocated under this clause as—

(I) the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Management and Budget and as adjusted pursuant to section 9902(2) of title 42) in the State; bears to

(II) the total population living at or below 125 percent of those income poverty guidelines in all States;


 as determined by the most recent decennial census at the time at which each such additional amount is first appropriated.

(iii)(I) Before any allocation of funds under clause (ii), for any fiscal year for which the amount of funds appropriated for the conduct of the expanded food and nutrition education program exceeds the amount of funds appropriated for the program for fiscal year 2007, the following percentage of such excess funds for the fiscal year shall be allocated to the 1890 Institutions in accordance with subclause (II):

(aa) 10 percent for fiscal year 2009.

(bb) 11 percent for fiscal year 2010.

(cc) 12 percent for fiscal year 2011.

(dd) 13 percent for fiscal year 2012.

(ee) 14 percent for fiscal year 2013.

(ff) 15 percent for fiscal year 2014 and for each fiscal year thereafter.


(II) Funds made available under subclause (I) shall be allocated to each 1890 Institution in an amount that bears the same ratio to the total amount to be allocated under this clause as—

(aa) the population living at or below 125 percent of the income poverty guidelines (as prescribed by the Office of Management and Budget and as adjusted pursuant to section 9902(2) of title 42) in the State in which the 1890 Institution is located; bears to

(bb) the total population living at or below 125 percent of those income poverty guidelines in all States in which 1890 Institutions are located;


 as determined by the most recent decennial census at the time at which each such additional amount is first appropriated.

(iv) Nothing in this subparagraph precludes the Secretary from developing educational materials and programs for persons in income ranges above the level designated in this subparagraph.

(e) Complementary administration

The Secretary shall ensure the complementary administration of the expanded food and nutrition education program by 1862 Institutions and 1890 Institutions in a State.

(f) Coordination

Projects carried out with funds made available under section 343(d) of this title, to carry out the program established under subsection (b) may be coordinated with the nutrition education and obesity prevention grant program under section 2036a of this title or another health promotion or nutrition improvement strategy, whether publicly or privately funded, as determined by the Secretary.

(g) Authorization of appropriations

There is authorized to be appropriated to carry out the expanded food and nutrition education program established under section 343(d) of this title and this section $90,000,000 for each of fiscal years 2009 through 2023.

(Pub. L. 95–113, title XIV, §1425, Sept. 29, 1977, 91 Stat. 1000; Pub. L. 97–98, title XIV, §1423, Dec. 22, 1981, 95 Stat. 1307; Pub. L. 101–624, title XVII, §1776(b), Nov. 28, 1990, 104 Stat. 3814; Pub. L. 104–127, title VIII, §809, Apr. 4, 1996, 110 Stat. 1164; Pub. L. 105–185, title III, §301(a)(6), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7106, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §7116(a), May 22, 2008, 122 Stat. 1220; Pub. L. 110–246, §4(a), title VII, §7116(a), June 18, 2008, 122 Stat. 1664, 1981; Pub. L. 113–79, title VII, §7110, Feb. 7, 2014, 128 Stat. 870; Pub. L. 115–334, title VII, §7112, Dec. 20, 2018, 132 Stat. 4785.)

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

2018—Subsec. (f). Pub. L. 115–334, §7112(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 115–334, §7112(1), (3), redesignated subsec. (f) as (g) and substituted "2023" for "2018".

2014—Subsec. (f). Pub. L. 113–79 substituted "2018" for "2012".

2008Pub. L. 110–246, §7116(a)(2), reenacted section catchline without change.

Subsecs. (a) to (d). Pub. L. 110–246, §7116(a)(1)–(5)(A), added subsec. (a), redesignated former subsecs. (a) to (c) as (b) to (d), respectively, inserted headings, and in subsec. (c) substituted "To enable" for "In order to enable".

Subsec. (d)(2)(B). Pub. L. 110–246, §7116(a)(5)(B), added subpar. (B) and struck out former subpar. (B) which related to allocation of funds other than for administrative or technical purposes, 10 percent of which was to be distributed equally among all States, and the remainder was to be allocated to each State in an amount bearing the same ratio to the total amount to be allocated as the population of the State living at or below 125 percent of income poverty guidelines bore to the total population of all the States living at or below 125 percent of such guidelines.

Subsec. (d)(3). Pub. L. 110–246, §7116(a)(5)(C), struck out par. (3) which read as follows: "There is authorized to be appropriated to carry out the expanded food and nutrition education program established under section 343(d) of this title and this section, $83,000,000 for each of fiscal years 1996 through 2007."

Subsecs. (e), (f). Pub. L. 110–246, §7116(a)(6), added subsecs. (e) and (f).

2002—Subsec. (c)(3). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (c)(3). Pub. L. 105–185 substituted "through 2002" for "and 1997".

1996—Subsec. (c)(3). Pub. L. 104–127 substituted ", $83,000,000 for each of fiscal years 1996 and 1997" for "$63,000,000 for fiscal year 1991, $68,000,000 for fiscal year 1992, $73,000,000 for fiscal year 1993, $78,000,000 for fiscal year 1994, and $83,000,000 for fiscal year 1995".

1990—Subsec. (c)(3). Pub. L. 101–624 added par. (3).

1981—Subsec. (b). Pub. L. 97–98 substantially retained existing provisions of the subsection relating to expanded food and nutrition education programs and transferred remaining provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for persons in certain income ranges to a new subsec. (c).

Subsec. (c). Pub. L. 97–98 added subsec. (c), and included therein provisions relating to allocation of funds to States and the authority of the Secretary to develop educational materials and programs for persons in certain income ranges formerly contained in subsec. (b).

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.

Pub. L. 110–234, title VII, §7116(c), May 22, 2008, 122 Stat. 1221, and Pub. L. 110–246, §4(a), title VII, §7116(c), June 18, 2008, 122 Stat. 1664, 1982, provided that: "The amendments made by this section [amending this section and section 3175e of this title] take effect on October 1, 2008."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–624 effective Oct. 1, 1990, see section 1781(b)(1) of Pub. L. 101–624, set out as a note under section 2012 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3175a. Nutrition and consumer education; Congressional findings

Congress finds that individuals in households eligible to participate in programs under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.] and other low-income individuals, including those residing in rural areas, should have greater access to nutrition and consumer education to enable them to use their food budgets, including food assistance, effectively and to select and prepare foods that satisfy their nutritional needs and improve their diets.

(Pub. L. 99–198, title XV, §1584, Dec. 23, 1985, 99 Stat. 1596.)

References in Text

The Food Stamp Act of 1977, referred to in text, subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Codification

Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

§3175b. Expansion of effective food, nutrition, and consumer education services

The purpose of the program provided for under sections 3175a through 3175e of this title is to expand effective food, nutrition, and consumer education services to the greatest practicable number of low-income individuals, including those participating in or eligible to participate in the programs under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.], to assist them to—

(1) increase their ability to manage their food budgets, including food stamps and other food assistance;

(2) increase their ability to buy food that satisfies nutritional needs and promotes good health; and

(3) improve their food preparation, storage, safety, preservation, and sanitation practices.

(Pub. L. 99–198, title XV, §1585, Dec. 23, 1985, 99 Stat. 1596.)

References in Text

The Food Stamp Act of 1977, referred to in text, subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Codification

Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

§3175c. Program of food, nutrition, and consumer education by State cooperative extension services

The cooperative extension services of the States shall, with funds made available under this subtitle, carry out an expanded program of food, nutrition, and consumer education for low-income individuals in a manner designed to achieve the purpose set forth in section 3175b of this title. In operating the program, the cooperative extension services may use the expanded food and nutrition education program, and other food, nutrition, and consumer education activities of the cooperative extension services or similar activities carried out by them in collaboration with other public or private nonprofit agencies or organizations. In carrying out their responsibilities under the program, the cooperative extension services are encouraged to—

(1) provide effective and meaningful food, nutrition, and consumer education services to as many low-income individuals as possible;

(2) employ educational methodologies, including innovative approaches, that accomplish the purpose set forth in section 3175b of this title; and

(3) to the extent practicable, coordinate activities carried out under the program with the delivery to low-income individuals of benefits under food assistance programs.

(Pub. L. 99–198, title XV, §1586, Dec. 23, 1985, 99 Stat. 1596.)

References in Text

This subtitle, referred to in text, is subtitle C (§§1581–1589) of title XV of Pub. L. 99–198 which is classified as follows: sections 1581 and 1582 are not classified to the Code; section 1583 is set out as a note under section 2011 of this title; sections 1584 through 1588 are classified, respectively, to sections 3175a to 3175e of this title; and section 1589 is classified to section 3178a of this title.

Codification

Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

§3175d. Administration of program of food, nutrition, and consumer education by State cooperative extension services

(a) Administration by Secretary of Agriculture

The program provided for under section 3175c of this title shall be administered by the Secretary of Agriculture through the National Institute of Food and Agriculture, in consultation with the Food and Nutrition Service and the Human Nutrition Information Service. The Secretary shall ensure that the National Institute of Food and Agriculture coordinates activities carried out under this subtitle with the ongoing food, nutrition, and consumer education activities of other agencies of the Department of Agriculture.

(b) Evaluation and report

The Secretary of Agriculture, not later than April 1, 1989, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the effectiveness of the program provided for under section 3175c of this title.

(Pub. L. 99–198, title XV, §1587, Dec. 23, 1985, 99 Stat. 1596; Pub. L. 110–234, title VII, §7511(c)(11), May 22, 2008, 122 Stat. 1268; Pub. L. 110–246, §4(a), title VII, §7511(c)(11), June 18, 2008, 122 Stat. 1664, 2029.)

References in Text

This subtitle, referred to in subsec. (a), is subtitle C (§§1581–1589) of title XV of Pub. L. 99–198, which is classified as follows: sections 1581 and 1582 are not classified to the Code; section 1583 is set out as a note under section 2011 of this title; sections 1584 through 1588 are classified, respectively, to sections 3175a to 3175e of this title; and section 1589 is classified to section 3178a of this title.

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 was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

Amendments

2008—Subsec. (a). Pub. L. 110–246, §7511(c)(11), substituted "National Institute of Food and Agriculture" for "Extension Service" in two places.

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)(11) 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.

§3175e. Authorization of appropriations

(a) There are hereby authorized to be appropriated to carry out sections 3175a through 3175e of this title $8,000,000 for each of the fiscal years 1991 through 1995.

(b) Any funds appropriated under this section for a fiscal year shall be allocated in the manner specified in subparagraphs (A) and (B) of section 3175(d)(2) of this title.

(c) Any funds appropriated to carry out sections 3175a through 3175e of this title shall supplement any other funds appropriated to the Department of Agriculture for use by the Department and the cooperative extension services of the States for food, nutrition, and consumer education for low-income households.

(Pub. L. 99–198, title XV, §1588, Dec. 23, 1985, 99 Stat. 1597; Pub. L. 101–624, title XVII, §1776(a), Nov. 28, 1990, 104 Stat. 3814; Pub. L. 110–234, title VII, §7116(b), May 22, 2008, 122 Stat. 1221; Pub. L. 110–246, §4(a), title VII, §7116(b), June 18, 2008, 122 Stat. 1664, 1982.)

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 was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

Amendments

2008—Subsec. (b). Pub. L. 110–246, §7116(b), substituted "section 3175(d)(2)" for "section 3175(c)(2)".

1990—Subsec. (a). Pub. L. 101–624 substituted "$8,000,000 for each of the fiscal years 1991 through 1995." for "$5,000,000 for the fiscal year ending September 30, 1986; $6,000,000 for the fiscal year ending September 30, 1987; and $8,000,000 for each of the fiscal years ending September 30, 1988, September 30, 1989, and September 30, 1990."

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 7116(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 7116(c) of Pub. L. 110–246, set out as a note under section 3175 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–624 effective Oct. 1, 1990, see section 1781(b)(1) of Pub. L. 101–624, set out as a note under section 2012 of this title.

§3176. Repealed. Pub. L. 97–98, title XIV, §1424(a), Dec. 22, 1981, 95 Stat. 1308

Section, Pub. L. 95–113, title XIV, §1426, Sept. 29, 1977, 91 Stat. 1000, related to preparation and distribution of a comprehensive set of educational materials on food and nutrition education by Secretary to State departments of education.

Effective Date of Repeal

Repeal by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

§3177. Repealed. Pub. L. 99–198, title XIV, §1413, Dec. 23, 1985, 99 Stat. 1549

Section, Pub. L. 95–113, title XIV, §1427, Sept. 29, 1977, 91 Stat. 1000; Pub. L. 97–98, title XIV, §1425(a), Dec. 22, 1981, 95 Stat. 1308, required submission to Congress of a plan for a human nutrition research management system.

§3178. Nutritional status monitoring

(a) Formulation of system

The Secretary and the Secretary of Health and Human Services shall formulate and submit to Congress, within ninety days after September 29, 1977, a proposal for a comprehensive nutritional status monitoring system, to include:

(1) an assessment system consisting of periodic surveys and continuous monitoring to determine: the extent of risk of nutrition-related health problems in the United States; which population groups or areas of the country face greatest risk; and the likely causes of risk and changes in the above risk factors over time;

(2) a surveillance system to identify remediable nutrition-related health risks to individuals or for local areas, in such a manner as to tie detection to direct intervention and treatment. Such system should draw on screening and other information from other health programs, including those funded under titles V, XVIII, and XIX of the Social Security Act [42 U.S.C. 701 et seq., 1395 et seq., and 1396 et seq.] and section 330 of the Public Health Service Act; 1 and

(3) program evaluations to determine the adequacy, efficiency, effectiveness, and side effects of nutrition-related programs in reducing health risks to individuals and populations.

(b) Coordination of existing activities; recommendation for necessary additional authorities

The proposal shall provide for coordination of activities under existing authorities and contain recommendations for any additional authorities necessary to achieve a comprehensive monitoring system.

(Pub. L. 95–113, title XIV, §1428, Sept. 29, 1977, 91 Stat. 1001; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

References in Text

The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title V of the Social Security Act is classified principally to subchapter V (§701 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Titles XVIII and XIX of the Social Security Act are classified generally to subchapters XVIII (§1395 et seq.) and XIX (§1396 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Section 330 of the Public Health Service Act, referred to in subsec. (a)(2), is section 330 of act July 1, 1944, which was classified to section 254c of Title 42, The Public Health and Welfare, and was omitted in the general amendment of subpart I (§254b et seq.) of part D of subchapter II of chapter 6A of Title 42 by Pub. L. 104–299, §2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104–299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of Title 42.

Change of Name

"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

1 See References in Text note below.

§3178a. Nutrition monitoring

The Secretary of Agriculture shall—

(1) in conducting the Department of Agriculture's continuing survey of food intakes of individuals and any nationwide food consumption survey, include a sample that is representative of low-income individuals and, to the extent practicable, the collection of information on food purchases and other household expenditures by such individuals;

(2) to the extent practicable, continue to maintain the nutrient data base established by the Department of Agriculture; and

(3) encourage research by public and private entities relating to effective standards, methodologies, and technologies for accurate assessment of the nutritional and dietary status of individuals.

(Pub. L. 99–198, title XV, §1589, Dec. 23, 1985, 99 Stat. 1597.)

Codification

Section was enacted as part of the Food Security Act of 1985, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

§3179. Research on strategies to promote the selection and consumption of healthy foods

(a) In general

The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a research, demonstration, and technical assistance program to promote healthy eating and reduce the prevalence of obesity, among all population groups but especially among children, by applying the principles and insights of behavioral economics research in schools, child care programs, and other settings.

(b) Priorities

The Secretary shall—

(1) identify and assess the impacts of specific presentation, placement, and other strategies for structuring choices on selection and consumption of healthful foods in a variety of settings, consistent with the most recent version of the Dietary Guidelines for Americans published under section 5341 of this title;

(2) demonstrate and rigorously evaluate behavioral economics-related interventions that hold promise to improve diets and promote health, including through demonstration projects that may include evaluation of the use of portion size, labeling, convenience, and other strategies to encourage healthy choices; and

(3) encourage adoption of the most effective strategies through outreach and technical assistance.

(c) Authority

In carrying out the program under subsection (a), the Secretary may—

(1) enter into competitively awarded contracts or cooperative agreements; or

(2) provide grants to States or public or private agencies or organizations, as determined by the Secretary.

(d) Application

To be eligible to enter into a contract or cooperative agreement or receive a grant under this section, a State or public or private agency or organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(e) Coordination

The solicitation and evaluation of contracts, cooperative agreements, and grant proposals considered under this section shall be coordinated with the Food and Nutrition Service as appropriate to ensure that funded projects are consistent with the operations of Federally supported nutrition assistance programs and related laws (including regulations).

(f) Annual reports

Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—

(1) the policies, priorities, and operations of the program carried out by the Secretary under this section during the fiscal year;

(2) the results of any evaluations completed during the fiscal year; and

(3) the efforts undertaken to disseminate successful practices through outreach and technical assistance.

(g) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2011 through 2015.

(2) Use of funds

The Secretary may use up to 5 percent of the funds made available under paragraph (1) for Federal administrative expenses incurred in carrying out this section.

(Pub. L. 111–296, title II, §244, Dec. 13, 2010, 124 Stat. 3239.)

Codification

Section was enacted as part of the Healthy, Hunger-Free Kids Act of 2010, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

Effective Date

Section effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of Title 42, The Public Health and Welfare.

Definition of Secretary

Pub. L. 111–296, §2, Dec. 13, 2010, 124 Stat. 3185, provided that: "In this Act [see Short Title of 2010 Amendment note set out under section 1751 of Title 42, The Public Health and Welfare], the term 'Secretary' means the Secretary of Agriculture."

SUBCHAPTER V—ANIMAL HEALTH AND DISEASE RESEARCH

§3191. Purposes and findings relating to animal health and disease research

(a) Purposes

The purposes of this subchapter are to—

(1) promote the general welfare through the improved health and productivity of domestic livestock, poultry, aquatic animals, and other income-producing animals that are essential to the food supply of the United States and the welfare of producers and consumers of animal products;

(2) improve the health of horses;

(3) facilitate the effective treatment of, and, to the extent possible, prevent animal and poultry diseases in both domesticated and wild animals that, if not controlled, would be disastrous to the United States livestock and poultry industries and endanger the food supply of the United States;

(4) improve methods for the control of organisms and residues in food products of animal origin that could endanger the human food supply;

(5) improve the housing and management of animals to improve the well-being of livestock production species;

(6) minimize livestock and poultry losses due to transportation and handling;

(7) protect human health through control of animal diseases transmissible to humans;

(8) improve methods of controlling the births of predators and other animals; and

(9) otherwise promote the general welfare through expanded programs of research and extension to improve animal health.

(b) Findings

Congress finds that—

(1) the total animal health and disease research and extension efforts of State colleges and universities and of the Federal Government would be more effective if there were close coordination between the efforts; and

(2) colleges and universities having accredited schools or colleges of veterinary medicine and State agricultural experiment stations that conduct animal health and disease research are especially vital in training research workers in animal health and related disciplines.

(Pub. L. 95–113, title XIV, §1429, Sept. 29, 1977, 91 Stat. 1001; Pub. L. 97–98, title XIV, §1426, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 104–127, title VIII, §810, Apr. 4, 1996, 110 Stat. 1164.)

Amendments

1996Pub. L. 104–127 amended section generally, substituting present provisions for provisions which outlined congressional findings and declaration of purpose of subchapter.

1981Pub. L. 97–98 substituted "schools or colleges of veterinary medicine and State agricultural experiment stations that conduct animal health and disease research" for "colleges of veterinary medicine or departments of veterinary sciences or animal pathology, and similar units conducting animal health and disease research in the State agricultural experiment stations,".

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Studies on Agricultural Research and Technology

Pub. L. 107–171, title X, §10907, May 13, 2002, 116 Stat. 538, provided that:

"(a) Scientific Studies.—

"(1) In general.—The Secretary of Agriculture may conduct scientific studies on—

"(A) the transmission of spongiform encephalopathy in deer, elk, and moose; and

"(B) chronic wasting disease (including the risks that chronic wasting disease poses to livestock).

"(2) Report.—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of any scientific studies conducted under paragraph (1).

"(b) Vaccines.—

"(1) Vaccine storage study.—The Secretary may—

"(A) conduct a study to determine the number of doses of livestock disease vaccines that should be available to protect against livestock diseases that could be introduced into the United States; and

"(B) compare that number with the number of doses of the livestock disease vaccines that are available as of that date.

"(2) Stockpiling of vaccines.—If, after conducting the study and comparison described in paragraph (1), the Secretary determines that there is an insufficient number of doses of a particular vaccine referred to in that paragraph, the Secretary may take such actions as are necessary to obtain the required additional doses of the vaccine."

§3192. Definitions

When used in this subchapter—

(1) the term "eligible institution" means an accredited school or college of veterinary medicine or a State agricultural experiment station that conducts animal health and disease research;

(2) the term "dean" means the dean of an accredited school or college of veterinary medicine;

(3) the term "director" means the director of a State agricultural experiment station which qualifies as an eligible institution; and

(4) the term "animal health research capacity" means the capacity of an eligible institution to conduct animal health and disease research, as determined by the Secretary.

(Pub. L. 95–113, title XIV, §1430, Sept. 29, 1977, 91 Stat. 1002; Pub. L. 97–98, title XIV, §1427, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 105–185, title VI, §606(d)(1), June 23, 1998, 112 Stat. 604.)

Amendments

1998—Pars. (3) to (5). Pub. L. 105–185 inserted "and" at end of par. (3), redesignated par. (5) as (4), and struck out former par. (4) which read as follows: "the term 'Board' means the Animal Health Science Research Advisory Board; and".

1981—Par. (1). Pub. L. 97–98 substituted "an accredited school or college of veterinary medicine or a State agricultural research experiment station that conducts animal health and disease research" for "any college or university having an accredited college of veterinary medicine or a department of veterinary science or animal pathology, or a similar unit conducting animal health and disease research in a State agricultural experiment station".

Par. (2). Pub. L. 97–98 substituted "an accredited school or college of veterinary medicine" for "a college or university which qualifies as an eligible institution".

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3193. Authorization to Secretary of Agriculture

(a) Authority to cooperate with, encourage, and assist States

In order to carry out the purpose of this subchapter, the Secretary is authorized to cooperate with, encourage, and assist the States in carrying out programs of animal health and disease research at eligible institutions under sections 3195(a) and 3196 of this title in the manner hereinafter described in this subchapter.

(b) Study of animal care delivery system

(1) The Secretary shall commission the National Academy of Sciences, working through the Board on Agriculture of the National Research Council, to conduct a study of the delivery system utilized to provide farmers, including small and limited resource farmers, and ranchers with animal care and veterinary medical services, including animal drugs.

(2) The study required by this subsection shall assess opportunities to—

(A) improve the flow of information to producers regarding animal husbandry practices, and diagnostic and treatment methods, including the costs and conditions necessary for the effective use of such practices and methods;

(B) foster achievement of food safety goals; and

(C) advance the well-being and treatment of farm animals, with particular emphasis on disease prevention strategies.


(3) The study required by this subsection shall include recommendations for changes in research and extension policies or priorities, food safety programs and policies, and policies and procedures governing the approval, use, and monitoring of animal drugs.

(Pub. L. 95–113, title XIV, §1431, Sept. 29, 1977, 91 Stat. 1002; Pub. L. 101–624, title XVI, §1611(a), Nov. 28, 1990, 104 Stat. 3720; Pub. L. 113–79, title VII, §7111(b)(3)(A), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014—Subsec. (a). Pub. L. 113–79 inserted "under sections 3195(a) and 3196 of this title" after "eligible institutions".

1990Pub. L. 101–624 amended section catchline generally, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3194. Repealed. Pub. L. 104–127, title VIII, §854, Apr. 4, 1996, 110 Stat. 1172

Section, Pub. L. 95–113, title XIV, §1432, Sept. 29, 1977, 91 Stat. 1002; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–98, title XIV, §1428, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, §1414(a), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, §1611(b), Nov. 28, 1990, 104 Stat. 3721; Pub. L. 102–237, title IV, §402(8), Dec. 13, 1991, 105 Stat. 1863, related to establishment of Animal Health Science Research Advisory Board.

§3195. Continuing animal health and disease, food security, and stewardship research, education, and extension programs

(a) Capacity and infrastructure program

(1) In general

In each State with one or more accredited colleges of veterinary medicine, the deans of the accredited college or colleges and the director of the State agricultural experiment station shall develop a comprehensive animal health and disease research program for the State based on the animal health research capacity of each eligible institution in the State, which shall be submitted to the Secretary for approval and shall be used for the allocation of funds available to the State under this section.

(2) Use of funds

An eligible institution allocated funds to carry out animal health and disease research under this section may only use such funds—

(A) to meet the expenses of conducting animal health and disease research, publishing and disseminating the results of such research, and contributing to the retirement of employees subject to section 331 of this title;

(B) for administrative planning and direction; and

(C) to purchase equipment and supplies necessary for conducting research described in subparagraph (A).

(3) Cooperation among eligible institutions

The Secretary, to the maximum extent practicable, shall encourage eligible institutions to cooperate in setting research priorities under this section through conducting regular regional and national meetings.

(b) Competitive grant program

(1) In general

The Secretary, for purposes of addressing the critical needs of animal agriculture, shall award competitive grants to eligible entities under which such eligible entities—

(A) conduct research—

(i) to promote food security, such as by—

(I) improving feed efficiency;

(II) improving energetic efficiency;

(III) connecting genomics, proteomics, metabolomics and related phenomena to animal production;

(IV) improving reproductive efficiency; and

(V) enhancing pre- and post-harvest food safety systems; and


(ii) on the relationship between animal and human health, such as by—

(I) exploring new approaches for vaccine development;

(II) understanding and controlling zoonosis, including its impact on food safety;

(III) improving animal health through feed; and

(IV) enhancing product quality and nutritive value; and


(B) develop and disseminate to the public tools and information based on the research conducted under subparagraph (A) and sound science.

(2) Eligible entities

An entity eligible to receive a grant under this subsection is any of the following:

(A) A State cooperative institution.

(B) An NLGCA Institution.

(3) Administration

In carrying out this subsection, the Secretary shall establish procedures—

(A) to seek and accept proposals for grants;

(B) to review and determine the relevance and merit of proposals, in consultation with representatives of the animal agriculture industry;

(C) to provide a scientific peer review of each proposal conducted by a panel of subject matter experts from Federal agencies, academic institutions, State animal health agencies, and the animal agriculture industry; and

(D) to award competitive grants on the basis of merit, quality, and relevance.

(c) Funding

(1) Authorization of appropriations

There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023.

(2) Reservation of funds

The Secretary shall reserve not less than $5,000,000 of the funds made available under paragraph (1) to carry out the capacity and infrastructure program under subsection (a).

(3) Initial apportionment

The amounts made available under paragraph (1) that are remaining after the reservation of funds under paragraph (2), shall be apportioned as follows:

(A) 15 percent of such amounts shall be used to carry out the capacity and infrastructure program under subsection (a).

(B) 85 percent of such funds shall be used to carry out the competitive grant program under subsection (b).

(4) Additional apportionment

The funds reserved under paragraph (2) and apportioned under paragraph (3)(A) to carry out the capacity and infrastructure program under subsection (a) shall be apportioned as follows:

(A) Four percent shall be retained by the Department of Agriculture for administration, program assistance to the eligible institutions, and program coordination.

(B) 48 percent shall be distributed among the several States in the proportion that the value of and income to producers from domestic livestock, poultry, and commercial aquaculture species in each State bears to the total value of and income to producers from domestic livestock, poultry, and commercial aquaculture species in all the States. The Secretary shall determine the total value of and income from domestic livestock, poultry, and commercial aquaculture species in all the States and the proportionate value of and income from domestic livestock, poultry, and commercial aquaculture species for each State, based on the most current inventory of all cattle, sheep, swine, horses, poultry, and commercial aquaculture species published by the Department of Agriculture.

(C) 48 percent shall be distributed among the several States in the proportion that the animal health research capacity of the eligible institutions in each State bears to the total animal health research capacity in all the States. The Secretary shall determine the animal health research capacity of the eligible institutions.

(5) Special rules for apportionment of certain funds

With respect to funds reserved under paragraph (2) and apportioned under paragraph (3)(A) to carry out the capacity and infrastructure program under subsection (a), the following shall apply:

(A) When the amount available under this section for allotment to any State on the basis of domestic livestock, poultry, and commercial aquaculture species values and incomes exceeds the amount for which the eligible institution or institutions in the State are eligible on the basis of animal health research capacity, the excess may be used, at the discretion of the Secretary, for remodeling of facilities, construction of new facilities, or increase in staffing, proportionate to the need for added research capacity.

(B) Whenever a new college of veterinary medicine is established in a State and is accredited, the Secretary, after consultation with the dean of such college and the director of the State agricultural experiment station and where applicable, deans of other accredited colleges in the State, shall provide for the reallocation of funds available to the State pursuant to paragraph (4) between the new college and other eligible institutions in the State, based on the animal health research capacity of each eligible institution.

(C) Whenever two or more States jointly establish an accredited regional college of veterinary medicine or jointly support an accredited college of veterinary medicine serving the States involved, the Secretary is authorized to make funds which are available to such States pursuant to paragraph (4) available for such college in such amount that reflects the combined relative value of, and income from, domestic livestock, poultry, and commercial aquaculture species in the cooperating States, such amount to be adjusted, as necessary, pursuant to subsection (a)(1) and subparagraph (B).

(Pub. L. 95–113, title XIV, §1433, Sept. 29, 1977, 91 Stat. 1003; Pub. L. 97–98, title XIV, §1429, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, §1414(b), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, §1601(b)(1), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, §811, Apr. 4, 1996, 110 Stat. 1165; Pub. L. 105–185, title III, §301(a)(7), title VI, §606(d)(2), June 23, 1998, 112 Stat. 562, 604; Pub. L. 107–171, title VII, §7107, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§7117, 7118, May 22, 2008, 122 Stat. 1221, 1222; Pub. L. 110–246, §4(a), title VII, §§7117, 7118, June 18, 2008, 122 Stat. 1664, 1983; Pub. L. 113–79, title VII, §7111(a), Feb. 7, 2014, 128 Stat. 871; Pub. L. 115–334, title VII, §7113, Dec. 20, 2018, 132 Stat. 4785.)

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

2018—Subsec. (c)(1). Pub. L. 115–334 substituted "2023" for "2018".

2014Pub. L. 113–79 amended section generally. Prior to amendment, section related to continuing animal health and disease research programs at eligible institutions.

2008—Subsec. (a). Pub. L. 110–246, §7117, substituted "2012" for "2007".

Subsec. (g). Pub. L. 110–246, §7118, added subsec. (g).

2002—Subsec. (a). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (a). Pub. L. 105–185, §301(a)(7), substituted "2002" for "1997" in first sentence.

Subsec. (b)(3). Pub. L. 105–185, §606(d)(2), struck out "with the advice, when available, of the Board" before period at end of second sentence.

1996—Subsec. (a). Pub. L. 104–127, §811(1), substituted "1997" for "1995" in first sentence.

Subsec. (b)(2). Pub. L. 104–127, §811(2), substituted "domestic livestock, poultry, and commercial aquaculture species" for "domestic livestock and poultry" wherever appearing, and "horses, poultry, and commercial aquaculture species" for "horses, and poultry" in second sentence.

Subsecs. (d), (f). Pub. L. 104–127, §811(3), (4), substituted "domestic livestock, poultry, and commercial aquaculture species" for "domestic livestock and poultry".

1990—Subsec. (a). Pub. L. 101–624 substituted "for each of the fiscal years 1991 through 1995," for "annually for the period beginning October 1, 1981, and ending September 30, 1990,".

1985—Subsec. (a). Pub. L. 99–198 substituted "1990" for "1985".

1981—Subsec. (a). Pub. L. 97–98 substituted "as Congress may determine necessary to support continuing animal health and disease research programs at eligible institutions, but not to exceed $25,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year" for ", not to exceed $25,000,000 annually, as Congress may determine necessary to support continuing animal health and disease research programs at eligible institutions".

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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3196. Research on national and regional animal health or disease problems

(a) Authorization of appropriations

There are authorized to be appropriated such funds as Congress may determine necessary to support research on specific national or regional animal health or disease problems, or national or regional problems relating to pre-harvest, on-farm food safety, or animal well-being, but not to exceed $35,000,000 for each of the fiscal years 1991 through 2012, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year.

(b) Duration of grants

Notwithstanding the provisions of section 3197 of this title, funds appropriated under this section shall be awarded in the form of grants, for periods not to exceed five years, to State agricultural experiment stations, colleges and universities (including 1890 Institutions (as defined in section 7601 of this title)), other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals.

(c) Establishment of annual priority lists for allocation of funds

In order to establish a rational allocation of funds appropriated under this section, the Secretary shall establish annually priority lists of animal health and disease, food safety, and animal well-being problems of national or regional significance. Such lists shall be prepared after consultation with the Advisory Board. Any recommendations made in connection with such consultation shall not be controlling on the Secretary's determination of priorities. In establishing such priorities, the Secretary and the Advisory Board shall consider the following factors:

(1) any health or disease problem which causes or may cause significant economic losses to any part of the livestock production industry;

(2) any food safety problem that has a significant pre-harvest (on-farm) component and is recognized as posing a significant health hazard to the consuming public;

(3) issues of animal well-being related to production methods that will improve the housing and management of animals to improve the well-being of livestock production species;

(4) whether current scientific knowledge necessary to prevent, cure, or abate such a health or disease problem is adequate; and

(5) whether the status of scientific research is such that accomplishments may be anticipated through the application of scientific effort to such health or disease problem.

(d) Assignment of priorities for grants

Without regard to any consultation under subsection (c), the Secretary shall, to the extent feasible, award grants on the basis of the priorities assigned through a peer review system. Grantees shall be selected on a competitive basis in accordance with such procedures as the Secretary may establish.

(e) Distribution of multiyear grants

In the case of multiyear grants, the Secretary shall distribute funds to grant recipients on a schedule which is reasonably related to the timetable required for the orderly conduct of the research project involved.

(f) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of this Act [7 U.S.C. 2281 et seq.] shall not apply to a panel or board created solely for the purpose of reviewing applications or proposals submitted under this subchapter.

(Pub. L. 95–113, title XIV, §1434, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 97–98, title XIV, §1430, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, §1414(c), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, §1601(b)(2), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, §§812, 852(b)(5), Apr. 4, 1996, 110 Stat. 1165, 1171; Pub. L. 105–185, title III, §301(a)(8), title VI, §606(d)(3), June 23, 1998, 112 Stat. 562, 604; Pub. L. 107–171, title VII, §7108, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§7119, 7120, May 22, 2008, 122 Stat. 1222; Pub. L. 110–246, §4(a), title VII, §§7119, 7120, June 18, 2008, 122 Stat. 1664, 1983.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Title XVIII of this Act, referred to in subsec. (f), is title XVIII of the Food and Agriculture Act of 1977, Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 1041, as amended, which is classified generally to chapter 55A (§2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables.

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. (a). Pub. L. 110–246, §7119, substituted "2012" for "2007".

Subsec. (b). Pub. L. 110–246, §7120, inserted "(including 1890 Institutions (as defined in section 7601 of this title))" after "universities".

2002—Subsec. (a). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (a). Pub. L. 105–185, §301(a)(8), substituted "2002" for "1997".

Subsec. (c). Pub. L. 105–185, §606(d)(3), struck out "and the Board" after "Advisory Board" in second sentence and substituted "and the Advisory Board" for ", the Advisory Board, and the Board" in fourth sentence.

1996—Subsec. (a). Pub. L. 104–127, §812(1), inserted "or national or regional problems relating to pre-harvest, on-farm food safety, or animal well-being," after "problems," and substituted "1997" for "1995".

Subsec. (b). Pub. L. 104–127, §812(2), substituted "State agricultural experiment stations, colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals" for "eligible institutions".

Subsec. (c). Pub. L. 104–127, §852(b)(5), in introductory provisions, substituted "after consultation with the Advisory Board" for "after consultation with the Joint Council, the Advisory Board," and "the Secretary, the Advisory Board," for "the Secretary, the Joint Council, the Advisory Board,".

Pub. L. 104–127, §812(3)(A), in introductory provisions, inserted ", food safety, and animal well-being" after "animal health and disease".

Subsec. (c)(2) to (5). Pub. L. 104–127, §812(3)(B), added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively.

Subsec. (d). Pub. L. 104–127, §812(4), struck out "to eligible institutions" after "award grants".

Subsec. (f). Pub. L. 104–127, §812(5), added subsec. (f).

1990—Subsec. (a). Pub. L. 101–624 substituted "for each of the fiscal years 1991 through 1995," for "annually for the period beginning October 1, 1981, and ending September 30, 1990,".

1985—Subsec. (a). Pub. L. 99–198 substituted "1990" for "1985".

1981—Subsec. (a). Pub. L. 97–98, §1430(a), substituted "as Congress may determine necessary to support research on specific national or regional animal health or disease problems, but not to exceed $35,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year" for ", not to exceed $15,000,000 annually, as Congress may determine necessary to support research on specific national or regional animal health or disease problems".

Subsec. (b). Pub. L. 97–98, §1430(b), substituted provisions that funds appropriated under this section shall be awarded in the form of grants, for periods not to exceed five years, to eligible institutions for provisions that such funds shall be allocated by the Secretary to eligible institutions for work to be done, as mutually agreed upon between the Secretary and the eligible institution or institutions and that the Secretary shall consult the Board in developing plans for the use of these funds whenever possible.

Subsecs. (c) to (e). Pub. L. 97–98, §1430(c), added subsecs. (c) to (e).

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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3197. Availability of appropriated funds

Funds available to carry out sections 3195(a) and 3196 of this title shall be paid to each State or eligible institution at such times and in such amounts as shall be determined by the Secretary. Funds shall remain available for payment of unliquidated obligations for one additional fiscal year following the year of appropriation.

(Pub. L. 95–113, title XIV, §1435, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 113–79, title VII, §7111(b)(3)(B), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014Pub. L. 113–79 substituted "to carry out sections 3195(a) and 3196 of this title" for "for allocation under the terms of this subchapter".

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3198. Withholding of appropriated funds

If the Secretary determines that a State is not entitled to receive its allocation of the annual appropriation under subsection (c) of section 3195 of this title to carry out subsection (a) of such section because of its failure to satisfy requirements of this subchapter or regulations issued under it, the Secretary shall withhold such amount. The facts and reasons concerning the determination and withholding shall be reported to the President; and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.

(Pub. L. 95–113, title XIV, §1436, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 113–79, title VII, §7111(b)(3)(C), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014Pub. L. 113–79 substituted "subsection (c) of section 3195 of this title to carry out subsection (a) of such section" for "section 3195 of this title".

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3199. Requirements for use of funds

With respect to research projects on problems of animal health and disease to be performed at eligible institutions and supported with funds allocated to the States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section, the dean or director of each eligible institution shall cause to be prepared and shall review proposals for such research projects, which contain data showing compliance with the purpose in section 3191 of this title and the provisions for use of funds specified in section 3195(a) of this title, and with general guidelines for project eligibility to be provided by the Secretary. Such research proposals that are approved by the dean or director shall be submitted to the Secretary prior to assignment of funds thereto with a brief summary showing compliance with the provisions of this subtitle and the Secretary's general guidelines.

(Pub. L. 95–113, title XIV, §1437, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 105–185, title VI, §606(d)(4), June 23, 1998, 112 Stat. 604; Pub. L. 113–79, title VII, §7111(b)(3)(D), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014Pub. L. 113–79 substituted "States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section" for "States under section 3195 of this title".

1998Pub. L. 105–185 struck out "with the advice, when available, of the Board" after "by the Secretary" in first sentence.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3200. Matching funds

No funds in excess of $100,000, exclusive of the funds provided for research on specific national or regional animal health and disease problems under the provisions of section 3196 of this title, shall be paid by the Federal Government to any State under subsection (c) of section 3195 of this title to carry out subsection (a) of such section during any fiscal year in excess of the amount from non-Federal sources made available to and budgeted for expenditure by eligible institutions in the State during the same fiscal year for animal health and disease research. The Secretary is authorized to make such payments in excess of $100,000 on the certificate of the appropriate official of the eligible institution having charge of the animal health and disease research for which such payments are to be made. If any eligible institution certified for receipt of matching funds fails to make available and budget for expenditure for animal health and disease research in any fiscal year sums at least equal to the amount for which it is certified, the difference between the Federal matching funds available and the funds made available to and budgeted for expenditure by the eligible institution shall be reapportioned by the Secretary among other eligible institutions of the same State, if there are any which qualify therefor, and, if there are none, the Secretary shall reapportion such difference among the other States.

(Pub. L. 95–113, title XIV, §1438, Sept. 29, 1977, 91 Stat. 1005; Pub. L. 113–79, title VII, §7111(b)(3)(E), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014Pub. L. 113–79 substituted "under subsection (c) of section 3195 of this section to carry out subsection (a) of such section" for "under this subchapter".

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3201. Funds appropriated or otherwise made available pursuant to other provisions of law

The sums appropriated and allocated to States and eligible institutions under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable, shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to such States and institutions pursuant to other provisions of law.

(Pub. L. 95–113, title XIV, §1439, Sept. 29, 1977, 91 Stat. 1005; Pub. L. 113–79, title VII, §7111(b)(3)(F), Feb. 7, 2014, 128 Stat. 874.)

Amendments

2014Pub. L. 113–79 substituted "under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable," for "under this subchapter".

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

§3202. Research and education grants for the study of antibiotic-resistant bacteria

(a) In general

The Secretary shall provide research and education grants, on a competitive basis—

(1) to study the development of antibiotic-resistant bacteria, including—

(A) movement of antibiotic-resistant bacteria into groundwater and surface water; and

(B) the effect on antibiotic resistance from various drug use regimens; and


(2) to study and ensure the judicious use of antibiotics in veterinary and human medicine, including—

(A) methods and practices of animal husbandry;

(B) safe and effective alternatives to antibiotics;

(C) the development of better veterinary diagnostics to improve decisionmaking; and

(D) the identification of conditions or factors that affect antibiotic use on farms.

(b) Administration

Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of section 3157 of this title shall apply with respect to the making of grants under this section.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

(Pub. L. 110–234, title VII, §7521, May 22, 2008, 122 Stat. 1271; Pub. L. 110–246, §4(a), title VII, §7521, June 18, 2008, 122 Stat. 1664, 2033.)

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 National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter.

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.

Definition of "Secretary"

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

SUBCHAPTER VI—1890 LAND-GRANT COLLEGE FUNDING

§3221. Extension at 1890 land-grant colleges, including Tuskegee University

(a) Authorization of appropriations

(1) In general

There are hereby authorized to be appropriated annually such sums as Congress may determine necessary to support continuing agricultural and forestry extension at colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (hereinafter in this section referred to as "eligible institutions").

(2) Minimum amount

Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 20 percent of the total appropriations for such year under the Act of May 8, 1914 (7 U.S.C. 341 et seq.), and related acts pertaining to cooperative extension work at the land-grant institutions identified in the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), except that for the purpose of this calculation, the total appropriations shall not include amounts made available under section 3(d) of that Act (7 U.S.C. 343(d)).

(3) Uses

Funds appropriated under this section shall be used for expenses of conducting extension programs and activities, and for contributing to the retirement of employees subject to the provisions of section 331 of this title.

(b) Distribution of funds

(1) In general

Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.

(2) Base amount

Any funds annually appropriated under this section up to the amount appropriated for the fiscal year ending September 30, 1978, pursuant to section 343(d) of this title, for eligible institutions, shall be allocated among the eligible institutions in the same proportion as funds appropriated under section 343(d) of this title for the fiscal year ending September 30, 1978, were allocated among the eligible institutions, as so designated as of that date.

(3) Additional amount

Any funds appropriated annually under this section in excess of an amount equal to the amount appropriated under section 343(d) of this title, for the fiscal year ending September 30, 1978, for eligible institutions, shall be distributed as follows:

(A) A sum equal to 4 per centum of the total amount appropriated each fiscal year under this section shall be allotted to the National Institute of Food and Agriculture of the Department of Agriculture for administrative, technical, and other services, and for coordinating the extension work of the Department of Agriculture and the several States.

(B) Except as provided in paragraph (4), of the remainder, 20 per centum shall be allotted among the eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated.

(C) In computing the distribution of funds allocated under this paragraph, the allotments to Tuskegee University and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.

(4) Special amounts

(A) Definitions

In this paragraph:

(i) Covered fiscal year

The term "covered fiscal year" means the fiscal year for which the qualified eligible institution first received an allocation of $3,000,000 under subparagraph (B)(i).

(ii) Other eligible institution

The term "other eligible institution" means an eligible institution, other than the qualified eligible institution, receiving an allocation of funds under this section.

(iii) Qualified eligible institution

The term "qualified eligible institution" means the eligible institution described in subparagraph (B)(i).

(B) Fiscal year 2019, 2020, 2021, or 2022

(i) In general

Subject to clause (ii), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the calculation under paragraph (3)(B) would result in a distribution for a fiscal year of less than $3,000,000 to an eligible institution that first received funds under this section on a date occurring after February 7, 2014, and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that fiscal year.

(ii) Limitation

Clause (i) shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year.

(C) Subsequent fiscal years

(i) Minimum additional funding amounts

Subject to clauses (ii) and (iii), for each fiscal year following the covered fiscal year—

(I) the qualified eligible institution shall receive an allocation under this subsection of at least $3,000,000; and

(II) each other eligible institution shall receive an allocation under this subsection of at least the amount received by such other eligible institution under this subsection for the covered fiscal year.

(ii) Shortfall of special amounts

(I) Applicability

This clause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this section is insufficient to provide for the minimum additional funding amounts described in clause (i).

(II) Reductions in allocations

In the case of a fiscal year to which this clause applies, reductions in allocations shall be made proportionally from the qualified eligible institution and from each other eligible institution based on the increased amounts (if any) that the qualified eligible institution and each other eligible institution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the covered fiscal year.

(iii) Effect of census

Clauses (i) and (ii) shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in clause (i) is attributable to the incorporation of new census data into the calculation under paragraph (3), as determined by the Secretary.

(c) Comprehensive program of extension for each State

The State director of the cooperative extension service and the extension administrator at the eligible institution in each State where an eligible institution is located shall jointly develop, by mutual agreement, a comprehensive program of extension for such State to be submitted for approval by the Secretary within one year after September 29, 1977 and each five years thereafter.

(d) Ascertainment of entitlement to funds; time and manner of payment; State reporting requirements; plans of work

(1) Ascertainment of entitlement

On or about the first day of October in each year after September 29, 1977, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriation for extension work under this section and the amount which it is entitled to receive. Before the funds herein provided shall become available to any eligible institution for any fiscal year, plans for the work to be carried out under this section shall be submitted, as part of the State plan of work, and approved by the Secretary.

(2) Time and manner of payment; related reports

The amount to which an eligible institution is entitled shall be paid in equal quarterly payments on or about October 1, January 1, April 1, and July 1 of each year to the treasurer or other officer of the eligible institution duly authorized to receive such payments and such officer shall be required to report to the Secretary on or about the first day of December of each year a detailed statement of the amount so received during the previous fiscal year and its disbursement, on forms prescribed by the Secretary.

(3) Requirements related to plan of work

Each plan of work for an eligible institution required under this section shall contain descriptions of the following:

(A) A summary of planned projects or programs in the State using formula funds.

(B) A description of matching funds provided by the State with respect to the previous fiscal year.

(4) Extension protocols

(A) In general

The Secretary shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multidisciplinary extension activities and joint research and extension activities in addressing critical agricultural issues identified in the plans of work submitted under this section.

(B) Consultation

The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities.

(5) Treatment of plans of work for other purposes

To the maximum extent practicable, the Secretary shall consider a plan of work submitted under this section to satisfy other appropriate Federal reporting requirements.

(e) Diminution, loss, or misapplication of funds

If any portion of the moneys received by any eligible institution for the support and maintenance of extension work as provided in this section shall by any action or contingency be diminished or lost or be misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be apportioned or paid to such institution. No portion of such moneys shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings, or the purchase or rental of land, or in college course teaching, lectures in college, or any other purpose not specified in this section. It shall be the duty of such institution, annually, on or about the first day of January, to make to the Governor of the State in which it is located a full and detailed report of its operations in extension work, including a detailed statement of receipts and expenditures from all sources for this purpose, a copy of which report shall be sent to the Secretary.

(f) Mailing of correspondence, bulletins, and reports

To the extent that the official mail consists of correspondence, bulletins, and reports for furtherance of the purposes of this section, it shall be transmitted in the mails of the United States. Such items may be mailed from a principal place of business of each eligible institution or from an established subunit of such institution.

(Pub. L. 95–113, title XIV, §1444, Sept. 29, 1977, 91 Stat. 1007; Pub. L. 97–98, title XIV, §1431, Dec. 22, 1981, 95 Stat. 1310; Pub. L. 99–198, title XIV, §1415, Dec. 23, 1985, 99 Stat. 1549; Pub. L. 104–127, title VIII, §883(b), Apr. 4, 1996, 110 Stat. 1176; Pub. L. 105–185, title I, §103(f)(3)(A), title II, §§225(a), 226(c)(2), June 23, 1998, 112 Stat. 528, 540, 543; Pub. L. 107–171, title VII, §7203(a), May 13, 2002, 116 Stat. 438; Pub. L. 110–234, title VII, §§7121, 7403(c), 7404(b)(2)(A)(i), 7511(c)(12), May 22, 2008, 122 Stat. 1222, 1246, 1247, 1268; Pub. L. 110–246, §4(a), title VII, §§7121, 7403(c), 7404(b)(2)(A)(i), 7511(c)(12), June 18, 2008, 122 Stat. 1664, 1983, 2008, 2029; Pub. L. 115–334, title VII, §§7114, 7115(a), 7612(c)(1), Dec. 20, 2018, 132 Stat. 4785, 4832.)

References in Text

Act of August 30, 1890, 26 Stat. 417, as amended, referred to in subsec. (a)(1), is popularly known as the "Agricultural College Act of 1890" and also as the "Second Morrill Act", and is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Act of May 8, 1914, 38 Stat. 372, as amended, referred to in subsec. (a)(2), is popularly known as the "Smith-Lever Act", and is classified generally to subchapter IV (§341 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 341 of this title and Tables.

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

2018—Subsec. (a)(4). Pub. L. 115–334, §7114, struck out par. (4). Text read as follows: "No more than 20 per centum of the funds received by an institution in any fiscal year may be carried forward to the succeeding fiscal year."

Subsec. (b). Pub. L. 115–334, §7115(a)(4), inserted heading and struck out introductory provisions which read as follows: "Beginning with the fiscal year ending September 30, 1979—".

Subsec. (b)(1). Pub. L. 115–334, §7115(a)(4), added par. (1). Former par. (1) redesignated (2).

Pub. L. 115–334, §7115(a)(3), substituted "were allocated" for "are allocated" and ", as so designated as of that date." for "; and".

Subsec. (b)(2). Pub. L. 115–334, §7115(a)(4), redesignated par. (1) as (2), inserted heading, and substituted "Any funds" for "any funds". Former par. (2) redesignated (3).

Subsec. (b)(2)(B). Pub. L. 115–334, §7115(a)(2)(A), substituted "Except as provided in paragraph (4), of the remainder" for "Of the remainder".

Subsec. (b)(2)(C). Pub. L. 115–334, §7115(a)(1), redesignated concluding provisions of subsec. (b) as subpar. (C) of par. (2) and substituted "this paragraph" for "paragraph (2) of this subsection".

Subsec. (b)(3). Pub. L. 115–334, §7115(a)(2)(B), redesignated par. (2) as (3), inserted heading, and substituted "Any funds" for "any funds" in introductory provisions.

Subsec. (b)(4). Pub. L. 115–334, §7115(a)(5), added par. (4).

Subsec. (d)(3). Pub. L. 115–334, §7612(c)(1), added subpars. (A) and (B) and struck out former subpars. (A) to (E) which read as follows:

"(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned extension programs and projects targeted to address the issues.

"(B) The process established to consult with extension users regarding the identification of critical agricultural issues in the State and the development of extension programs and projects targeted to address the issues.

"(C) The efforts made to identify and collaborate with other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State and the extent of current and emerging efforts (including regional extension efforts) to work with those other institutions.

"(D) The manner in which research and extension, including research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly.

"(E) The education and outreach programs already underway to convey currently available research results that are pertinent to a critical agricultural issue, including efforts to encourage multicounty cooperation in the dissemination of research results."

2008—Subsec. (a)(2). Pub. L. 110–246, §§7121, 7403(c), substituted "20 percent" for "15 percent" and "under section 3(d) of that Act (7 U.S.C. 343(d))" for "after September 30, 1995, under section 3(d) of that Act (7 U.S.C. 343(d)), to carry out programs or initiatives for which no funds were made available under section 3(d) of that Act for fiscal year 1995, or any previous fiscal year, as determined by the Secretary, and shall not include amounts made available after September 30, 1995, to carry out programs or initiatives funded under section 3(d) of that Act prior to that date that are in excess of the highest amount made available for the programs or initiatives for fiscal year 1995, or any previous fiscal year, as determined by the Secretary".

Subsec. (b)(2)(A). Pub. L. 110–246, §7511(c)(12), substituted "National Institute of Food and Agriculture" for "Extension Service".

Subsec. (f). Pub. L. 110–246, §7404(b)(2)(A)(i), struck out "under penalty indicia: Provided, That each item shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe" after "United States".

2002—Subsec. (a). Pub. L. 107–171 inserted subsec. heading, designated first, third, fourth, and fifth sentences as pars. (1) to (4), respectively, inserted headings, struck out "Beginning with the fiscal year ending September 30, 1979, and ending with the fiscal year ending September 30, 1981, there shall be appropriated under this section for each fiscal year an amount not less than 4 per centum of the total appropriations for such year under the Act of May 8, 1914 (38 Stat. 372–374, as amended; 7 U.S.C. 341–349): Provided, That the amount appropriated for the fiscal year ending September 30, 1979, shall not be less than the amount made available for the fiscal year ending September 30, 1978, to such eligible institutions under section 3(d) of the Act of May 8, 1914 (38 Stat. 373, as amended; 7 U.S.C. 343(d)." after "(hereinafter in this section referred to as 'eligible institutions')." in par. (1), and substituted "Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 15 percent" for "Beginning with the fiscal year ending September 30, 1982, there shall be appropriated under this section an amount not less than 5½ per centum, and for each fiscal year thereafter an amount not less than 6 per centum" in par. (2).

1998Pub. L. 105–185, §226(c)(2)(A), substituted "University" for "Institute" in section catchline.

Subsecs. (a), (b). Pub. L. 105–185, §226(c)(2)(B), substituted "Tuskegee University" for "Tuskegee Institute" in first sentence of subsec. (a) and concluding provisions of subsec. (b).

Subsec. (d). Pub. L. 105–185, §225(a), inserted subsec. heading, designated existing provisions as pars. (1) and (2) and inserted par. headings, in par. (2) substituted "The amount to which an eligible institution is entitled" for "Such sums", and added pars. (3) to (5).

Subsecs. (f), (g). Pub. L. 105–185, §103(f)(3)(A), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: "If the Secretary finds that an eligible institution is not entitled to receive its share of the annual appropriation, the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the expiration of the next Congress in order that the institution may, if it should so desire, appeal to Congress from the determination of the Secretary. If the next Congress does not direct such sum to be paid, it shall be carried to surplus."

1996—Subsec. (a). Pub. L. 104–127 inserted before period at end of third sentence ", except that for the purpose of this calculation, the total appropriations shall not include amounts made available after September 30, 1995, under section 3(d) of that Act (7 U.S.C. 343(d)), to carry out programs or initiatives for which no funds were made available under section 3(d) of that Act for fiscal year 1995, or any previous fiscal year, as determined by the Secretary, and shall not include amounts made available after September 30, 1995, to carry out programs or initiatives funded under section 3(d) of that Act prior to that date that are in excess of the highest amount made available for the programs or initiatives for fiscal year 1995, or any previous fiscal year, as determined by the Secretary".

1985—Subsec. (a). Pub. L. 99–198 in third sentence, struck out ", through the fiscal year ending September 30, 1985," after "fiscal year thereafter" and inserted at end ", and related acts pertaining to cooperative extension work at the land-grant institutions identified in the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.)".

1981—Subsec. (a). Pub. L. 97–98, §1431(1), (2), inserted provisions designating the fiscal year ending Sept. 30, 1981, as the last of the fiscal years for which the appropriation under this section had to be 4 per centum or more of the total appropriation for each year under the Act of May 8, 1914, and inserted provisions that, beginning with the fiscal year ending Sept. 30, 1982, there must be appropriated under this section an amount not less than 5½ per centum and for each fiscal year thereafter, through the fiscal year ending Sept. 30, 1985, an amount not less than 6 per centum of the total appropriations for such year under the Act of May 8, 1914.

Subsec. (b)(2)(B). Pub. L., 97–98, §1431(3), inserted "current at the time each such additional sum is first appropriated" after "the last preceding decennial census" in two places.

Subsec. (c). Pub. L. 97–98, §1431(4), substituted "extension administrator" for "administrative head for extension" and inserted provision for the submission of a comprehensive program of extension for approval by the Secretary each five years after Sept. 29, 1977.

Subsec. (d). Pub. L. 97–98, §1431(5), substituted "submitted, as part of the State plan of work," for "submitted by the proper officials of each institution".

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)(12) 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.

Effective Date of 1998 Amendment

Pub. L. 105–185, title II, §225(c), June 23, 1998, 112 Stat. 542, provided that: "The amendments made by this section [amending this section and section 3222 of this title] take effect on October 1, 1999."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

West Virginia State College, Institute, West Virginia

Pub. L. 106–78, title I, Oct. 22, 1999, 113 Stat. 1141, provided in part that West Virginia State College in Institute, West Virginia: "for fiscal year 2000 and thereafter shall be designated as an eligible institution under section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221)".

§3222. Agricultural research at 1890 land-grant colleges, including Tuskegee University

(a) Authorization of appropriations

(1) In general

There are hereby authorized to be appropriated annually such sums as Congress may determine necessary to support continuing agricultural research at colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (hereinafter referred to in this section as "eligible institutions").

(2) Minimum amount

Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 30 percent of the total appropriations for the fiscal year under section 361c of this title.

(3) Uses

Funds appropriated under this section shall be used for expenses of conducting agricultural research, printing, disseminating the results of such research, contributing to the retirement of employees subject to the provisions of section 331 of this title, administrative planning and direction, and purchase and rental of land and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research.

(4) Coordination

The eligible institutions are authorized to plan and conduct agricultural research in cooperation with each other and such agencies, institutions, and individuals as may contribute to the solution of agricultural problems, and moneys appropriated pursuant to this section shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research.

(5) Carryover

(A) In general

The balance of any annual funds provided to an eligible institution for a fiscal year under this section that remains unexpended at the end of the fiscal year may be carried over for use during the following fiscal year.

(B) Failure to expend full amount

(i) In general

If any unexpended balance carried over by an eligible institution is not expended by the end of the second fiscal year, an amount equal to the unexpended balance shall be deducted from the next succeeding annual allotment to the eligible institution.

(ii) Redistribution

Federal funds that are deducted under clause (i) for a fiscal year shall be redistributed by the Secretary in accordance with the formula set forth in subsection (b)(2)(B) to those eligible institutions for which no deduction under clause (i) has been taken for that fiscal year.

(b) Distribution of funds

(1) In general

Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.

(2) Administration

3 percent shall be available to the Secretary for administration of this section. These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for the purpose of assessing research opportunities or research planning.

(3) Distributions

(A) In general

After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph.

(B) Base amount

Funds up to the total amount made available to all eligible institutions in the fiscal year ending September 30, 1978, under section 3157 of this title, shall be allocated among the eligible institutions in the same proportion as funds made available under section 3157 of this title, for the fiscal year ending September 30, 1978, were allocated among the eligible institutions, as so designated as of that date.

(C) Additional amount

Except as provided in subparagraph (D), of funds in excess of the amount allocated under subparagraph (A) of this paragraph, 20 per centum shall be allotted among eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated. In computing the distribution of funds allocated under this subparagraph, the allotments to Tuskegee University and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.

(D) Special amounts

(i) Definitions

In this subparagraph:

(I) Covered fiscal year

The term "covered fiscal year" means the fiscal year for which the qualified eligible institution first received an allocation of $3,000,000 under clause (ii)(I).

(II) Other eligible institution

The term "other eligible institution" means an eligible institution, other than the qualified eligible institution, receiving an allocation of funds under this section.

(III) Qualified eligible institution

The term "qualified eligible institution" means the eligible institution described in clause (ii)(I).

(ii) Fiscal year 2019, 2020, 2021, or 2022

(I) In general

Subject to subclause (II), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the calculation under subparagraph (C) would result in a distribution for a fiscal year of less than $3,000,000 to an eligible institution that first received funds under this section on a date occurring after February 7, 2014, and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that fiscal year.

(II) Limitation

Subclause (I) shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year.

(iii) Subsequent fiscal years

(I) Minimum additional funding amounts

Subject to subclauses (II) and (III), for each fiscal year following the covered fiscal year—

(aa) the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and

(bb) each other eligible institution shall receive an allocation under this paragraph of at least the amount received by such other eligible institution under this subsection for the covered fiscal year.

(II) Shortfall of special amounts

(aa) Applicability

This subclause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this subsection is insufficient to provide for the minimum additional funding amounts described in subclause (I).

(bb) Reductions in allocations

In the case of a fiscal year to which this subclause applies, reductions in allocations shall be made proportionally from the qualified eligible institution and from each other eligible institution based on the increased amounts (if any) that the qualified eligible institution and each other eligible institution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the covered fiscal year.

(III) Effect of census

Subclauses (I) and (II) shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in subclause (I) is attributable to the incorporation of new census data into the calculation under paragraph (3)(C), as determined by the Secretary.

(c) Program and plans of work

(1) Initial comprehensive program of agricultural research

The director of the State agricultural experiment station in each State where an eligible institution is located and the research director specified in subsection (d) of this section in each of the eligible institutions in such State shall jointly develop, by mutual agreement, a comprehensive program of agricultural research in such State, to be submitted for approval by the Secretary within one year after September 29, 1977.

(2) Plan of work required

Before funds may be provided to an eligible institution under this section for any fiscal year, a plan of work to be carried out under this section shall be submitted by the research director specified in subsection (d) and shall be approved by the Secretary.

(3) Requirements related to plan of work

Each plan of work required under paragraph (2) shall contain descriptions of the following:

(A) A summary of planned projects or programs in the State using formula funds.

(B) A description of matching funds provided by the State with respect to the previous fiscal year.

(4) Research protocols

(A) In general

The Secretary shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multidisciplinary research activities and joint research and extension activities in addressing critical agricultural issues identified in the plans of work submitted under paragraph (2).

(B) Consultation

The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities.

(5) Treatment of plans of work for other purposes

To the maximum extent practicable, the Secretary shall consider a plan of work submitted under paragraph (2) to satisfy other appropriate Federal reporting requirements.

(d) Payment of funds to eligible institutions

Sums available for allotment to the eligible institutions under the terms of this section shall be paid to such institutions in equal quarterly payments beginning on or about the first day of October of each year upon vouchers approved by the Secretary. The President of each eligible institution shall appoint a research director who shall be responsible for administration of the program authorized herein. Each eligible institution shall designate a treasurer or other officer who shall receive and account for all funds allotted to such institution under the provisions of this section and shall report, with the approval of the research director, to the Secretary on or before the first day of December of each year a detailed statement of the amount received under the provisions of this section during the preceding fiscal year and its disbursement on schedules prescribed by the Secretary. If any portion of the allotted moneys received by any eligible institution shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be allotted or paid to such institution. Funds made available to eligible institutions shall not be used for payment of negotiated overhead or indirect cost rates.

(e) Mailing of bulletins, reports, periodicals, reprints, articles, and other publications

Bulletins, reports, periodicals, reprints or articles, and other publications necessary for the dissemination of results of the research and experiments funded under this section, including lists of publications available for distribution by the eligible institutions, shall be transmitted in the mails of the United States. Such publications may be mailed from the principal place of business of each eligible institution or from an established subunit of such institution.

(f) Administration; rules and regulations; cooperation by and between institutions

The Secretary shall be responsible for the proper administration of this section, and is authorized and directed to prescribe such rules and regulations as may be necessary to carry out its provisions. It shall be the duty of the Secretary to furnish such advice and assistance as will best promote the purposes of this section, including participation in coordination of research initiated under this section by the eligible institutions, from time to time to indicate such lines of inquiry as to the Secretary seem most important, and to encourage and assist in the establishment and maintenance of cooperation by and between the several eligible institutions, the State agricultural experiment stations, and between them and the Department of Agriculture.

(g) Entitlement

On or before the first day of October in each year after September 29, 1977, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriations under this section and the amount which thereupon each is entitled, respectively, to receive.

(h) Existing legal relationships not impaired or modified

Nothing in this section shall be construed to impair or modify the legal relationship existing between any of the eligible institutions and the government of the States in which they are respectively located.

(Pub. L. 95–113, title XIV, §1445, Sept. 29, 1977, 91 Stat. 1009; Pub. L. 95–547, Oct. 28, 1978, 92 Stat. 2063; Pub. L. 97–98, title XIV, §1432(a), Dec. 22, 1981, 95 Stat. 1311; Pub. L. 99–198, title XIV, §1417, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 105–185, title I, §103(f)(3)(B), title II, §§225(b), 226(b), (c)(3), June 23, 1998, 112 Stat. 528, 541, 543; Pub. L. 105–362, title I, §101(e), Nov. 10, 1998, 112 Stat. 3281; Pub. L. 107–171, title VII, §§7203(b), 7204, May 13, 2002, 116 Stat. 438; Pub. L. 110–234, title VII, §§7122, 7404(b)(2)(A)(ii), May 22, 2008, 122 Stat. 1222, 1247; Pub. L. 110–246, §4(a), title VII, §§7122, 7404(b)(2)(A)(ii), June 18, 2008, 122 Stat. 1664, 1983, 2008; Pub. L. 115–334, title VII, §§7115(b), 7612(c)(2), Dec. 20, 2018, 132 Stat. 4787, 4832.)

References in Text

Act of August 30, 1890, 26 Stat. 417, as amended, referred to in subsec. (a)(1), is popularly known as the "Agricultural College Act of 1890" and also as the "Second Morrill Act", and is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

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

2018—Subsec. (b). Pub. L. 115–334, §7115(b)(3), inserted heading and struck out introductory provisions which read as follows: "Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fiscal year under this section shall be distributed as follows:".

Subsec. (b)(1). Pub. L. 115–334, §7115(b)(3), added par. (1). Former par. (1) redesignated (2).

Subsec. (b)(2). Pub. L. 115–334, §7115(b)(2), redesignated par. (1) as (2), inserted heading, and substituted "3 percent" for "Three per centum". Former par. (2) redesignated (3).

Subsec. (b)(2)(A). Pub. L. 115–334, §7115(b)(1)(C)(i), (ii), substituted "were allocated" for "are allocated" and inserted ", as so designated as of that date" before period at end.

Subsec. (b)(2)(B). Pub. L. 115–334, §7115(b)(1)(C)(iii), redesignated subpar. (A) as (B) and inserted heading. Former subpar. (B) redesignated (C).

Subsec. (b)(2)(C). Pub. L. 115–334, §7115(b)(1)(B), redesignated subpar. (B) as (C), inserted heading, and substituted "Except as provided in subparagraph (D), of funds" for "Of funds".

Subsec. (b)(2)(D). Pub. L. 115–334, §7115(b)(1)(A), added subpar. (D).

Subsec. (b)(3). Pub. L. 115–334, §7115(b)(1)(D), redesignated par. (2) as (3), inserted heading, added subpar. (A), and struck out introductory provisions which read as follows: "The remainder shall be allotted among the eligible institutions as follows:".

Subsec. (c)(3). Pub. L. 115–334, §7612(c)(2), added subpars. (A) and (B) and struck out former subpars. (A) to (E) which read as follows:

"(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned research programs and projects targeted to address the issues.

"(B) The process established to consult with users of agricultural research regarding the identification of critical agricultural issues in the State and the development of research programs and projects targeted to address the issues.

"(C) Other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State.

"(D) The current and emerging efforts to work with those other institutions to build on each other's experience and take advantage of each institution's unique capacities.

"(E) The manner in which research and extension, including research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly."

2008—Subsec. (a)(2). Pub. L. 110–246, §7122, substituted "30 percent" for "25 percent".

Subsec. (e). Pub. L. 110–246, §7404(b)(2)(A)(ii), struck out "under penalty indicia: Provided, That each publication shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe" after "United States".

2002—Subsec. (a). Pub. L. 107–171, §7203(b), inserted heading, designated existing provisions as pars. (1) to (5), inserted headings, and substituted in par. (2) "Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 25 percent of the total appropriations for the fiscal year under section 361c of this title." for "Beginning with the fiscal year ending September 30, 1979, there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 361c of this title: Provided, That the amount appropriated for the fiscal year ending September 30, 1979, shall not be less than the amount made available in the fiscal year ending September 30, 1978, to such eligible institutions under the Act of August 4, 1965 (79 Stat. 431, [former] 7 U.S.C. 450i)."

Subsec. (a)(5). Pub. L. 107–171, §7204, added par. (5) and struck out heading and text of former par. (5). Text read as follows: "No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year."

1998Pub. L. 105–185, §226(c)(3)(A), substituted "University" for "Institute" in section catchline.

Subsec. (a). Pub. L. 105–185, §226(c)(3)(B), substituted "Tuskegee University" for "Tuskegee Institute" in first sentence.

Subsec. (b)(2)(B). Pub. L. 105–185, §226(c)(3)(B), substituted "Tuskegee University" for "Tuskegee Institute".

Subsec. (c). Pub. L. 105–185, §225(b), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added pars. (2) to (5).

Subsec. (g). Pub. L. 105–362, §101(e)(1), struck out "(1)" before "On or before".

Subsec. (g)(2). Pub. L. 105–362, §101(e)(2), struck out par. (2) which read as follows: "The Secretary shall make an annual report to Congress during the first regular session of each year of the receipts and expenditures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any institution has been withheld and if so the reasons therefor."

Pub. L. 105–185, §226(b) redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that an amount in excess of 5 percent of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be deducted from the next succeeding annual allotment to the institution."

Subsec. (g)(3). Pub. L. 105–185, §103(f)(3)(B), struck out par. (3) which read as follows: "If the Secretary withholds from any eligible institution any portion of the appropriations available for allotment, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus."

Subsec. (g)(4). Pub. L. 105–185, §226(b)(2), redesignated par. (4) as (2).

1985—Subsec. (a). Pub. L. 99–198, §1417(a), provided that not more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.

Subsec. (g)(2). Pub. L. 99–198, §1417(b), in amending par. (2) generally, substituted "If it appears" for "Whenever it shall appear" before "to the Secretary" and "that an amount in excess of 5 percent" for "that any portion" before "of the preceding annual appropriation" and inserted "in excess of 5 percent of the preceding annual appropriation allotted to that institution" before "shall be deducted".

1981—Subsec. (b)(1). Pub. L. 97–98, §1432(a)(1), inserted provision authorizing use of administrative funds for transportation of scientists to research meetings convened for purpose of assessing research opportunities or research planning.

Subsec. (b)(2)(B). Pub. L. 97–98, §1432(a)(2), inserted "current at the time each such additional sum is first appropriated" after "the last preceding decennial census" in two places.

Subsecs. (c), (d). Pub. L. 97–98, §1432(a)(3), substituted "research director" for "chief administrative officer" wherever appearing.

1978—Subsec. (b). Pub. L. 95–547 amended subsec. (b) generally, substituting in par. (A) provisions relating to allocation of funds among eligible institutions in same proportion as funds made available under former section 450i of this title (now section 3157 of this title), for fiscal year ending Sept. 30, 1978, are allocated among eligible institutions for provisions relating to allocation of $100,000 to each eligible institution, and substituting in par. (B) provisions relating to allocation among eligible institutions of 20 per centum of the excess funds in equal proportions, 40 per centum in proportion that the rural population of the State in which each eligible institution is located bears to total rural population of all States in which such institutions are located, and balance in proportion that farm population of State in which each eligible institution is located bears to total farm population of all States in which such institutions are located for provisions relating to allocation among eligible institutions of one-half of remaining funds in an amount which bore same ratio to total amount to be allocated as rural population of State in which eligible institution was located bore to total rural population of all States in which such institutions were located, and one-half in an amount which bore same ratio to total amount to be allocated as farm population of State in which eligible institution was located bore to total farm population of all States in which such institutions were located.

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.

Effective Date of 1998 Amendment

Amendment by section 225(b) of Pub. L. 105–185 effective Oct. 1, 1999, see section 225(c) of Pub. L. 105–185, set out as a note under section 3221 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

West Virginia State College, Institute, West Virginia

Pub. L. 106–78, title I, Oct. 22, 1999, 113 Stat. 1140, provided in part that West Virginia State College in Institute, West Virginia: "for fiscal year 2000 and thereafter shall be designated as an eligible institution under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222)".

Grant for Dairy Goat Research Program

Pub. L. 97–98, title XIV, §1432(b), Dec. 22, 1981, 95 Stat. 1311, as amended by Pub. L. 99–198, title XIV, §1432, Dec. 23, 1985, 99 Stat. 1557; Pub. L. 101–624, title XVI, §1601(c), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, §887, Apr. 4, 1996, 110 Stat. 1180, authorized grant for dairy goat research, described uses for grant and times of payment, and authorized appropriations for fiscal years 1991 through 1997, prior to repeal by Pub. L. 105–185, title III, §302(b), June 23, 1998, 112 Stat. 563.

§3222a. Scholarships for students at 1890 Institutions

(a) In general

(1) Scholarship grant program established

The Secretary shall make grants to each college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the Second Morrill Act; 7 U.S.C. 322 [321] et seq.), including Tuskegee University, for purposes of awarding scholarships to individuals who—

(A) have been accepted for admission at such college or university;

(B) will be enrolled at such college or university not later than one year after the date of such acceptance; and

(C) intend to pursue a career in the food and agricultural sciences, including a career in—

(i) agribusiness;

(ii) energy and renewable fuels; or

(iii) financial management.

(2) Condition

The Secretary may only award a grant under this subsection to a college or university described in paragraph (1) if the Secretary determines that such college or university has established a competitive scholarship awards process for the award of scholarships to individuals described in such paragraph.

(3) Annual limitation

Of the funds made available under subsection (b)(1), the Secretary may use not more than $10,000,000 to award grants under this subsection for the academic year beginning on July 1, 2020, and each of the three succeeding academic years.

(4) Amount of grant

Each grant made under this section shall be in an amount of not less than $500,000.

(b) Funding

(1) Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $40,000,000 not later than October 1, 2019, to remain available until expended.

(2) Discretionary funding

In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2020 through 2023.

(3) Administrative expenses

Of the funds made available under paragraphs (1) and (2) to carry out this section for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under this section.

(c) Report

Beginning on the date that is two years after the date on which the first grant is awarded under subsection (a), and every two years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report detailing—

(1) the amount of funds provided to each eligible college or university under this section;

(2) the number of scholarships awarded under each grant each fiscal year; and

(3) the amount of each such scholarship.

(Pub. L. 95–113, title XIV, §1446, as added Pub. L. 115–334, title VII, §7117, Dec. 20, 2018, 132 Stat. 4789.)

References in Text

Act of August 30, 1890, referred to in subsec. (a)(1), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Codification

Another section 1446 of Pub. L. 95–113 amended section 3104 of this title.

Prior Provisions

A prior section 3222a, Pub. L. 95–113, title XIV, §1446, as added Pub. L. 101–624, title XVI, §1612(a), Nov. 28, 1990, 104 Stat. 3721; amended Pub. L. 102–237, title IV, §402(9), (10), Dec. 13, 1991, 105 Stat. 1863, which related to resident instruction at 1890 land-grant colleges, including Tuskegee University, was repealed by Pub. L. 104–127, title VIII, §855, Apr. 4, 1996, 110 Stat. 1172.

§3222b. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University

(a) Purpose

It is hereby declared to be the intent of Congress to assist the institutions eligible to receive funds under the Act of August 30, 1890 [7 U.S.C. 321 et seq.], including Tuskegee University (hereafter referred to in this section as "eligible institutions") in the acquisition and improvement of agricultural and food sciences facilities and equipment, including libraries, so that the eligible institutions may participate fully in the production of human capital.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary of Agriculture for the purposes of carrying out the provisions of this section, $25,000,000 for each of fiscal years 2002 through 2023, and such sums shall remain available until expended.

(c) Use of grant funds

Four percent of the sums appropriated pursuant to this section shall be available to the Secretary for administration of this grants program. The remaining funds shall be available for grants to eligible institutions for the purpose of assisting them in the purchase of equipment and land, the planning, construction, alteration, or renovation of buildings to strengthen their capacity in the production of human capital in the food and agricultural sciences and can be used at the discretion of the eligible institutions in the areas of research, extension, and resident instruction or any combination thereof.

(d) Method of awarding grants

Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary shall determine necessary for carrying out the purposes of this section.

(e) Prohibition of certain uses

Federal funds provided under this section may not be utilized for the payment of any overhead costs of the eligible institutions.

(f) Regulations

The Secretary may promulgate such rules and regulations as the Secretary may consider necessary to carry out the provisions of this section.

(Pub. L. 95–113, title XIV, §1447, as added Pub. L. 101–624, title XVI, §1612(b), Nov. 28, 1990, 104 Stat. 3722; amended Pub. L. 104–127, title VIII, §813, Apr. 4, 1996, 110 Stat. 1166; Pub. L. 105–185, title III, §301(a)(9), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7109, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §7123, May 22, 2008, 122 Stat. 1222; Pub. L. 110–246, §4(a), title VII, §7123, June 18, 2008, 122 Stat. 1664, 1983; Pub. L. 113–79, title VII, §7112, Feb. 7, 2014, 128 Stat. 874; Pub. L. 115–334, title VII, §7118, Dec. 20, 2018, 132 Stat. 4790.)

References in Text

Act of August 30, 1890, referred to in subsec. (a), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the "Agricultural College Act of 1890" and also as the "Second Morrill Act", which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

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.

Prior Provisions

A prior section 1447 of Pub. L. 95–113, title XIV, Sept. 29, 1977, 91 Stat. 1011, amended sections 341 and 342 of this title, prior to repeal by Pub. L. 101–624, title XVI, §1601(f)(1)(D), Nov. 28, 1990, 104 Stat. 3704.

Amendments

2018—Subsec. (b). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (b). Pub. L. 113–79 substituted "2018" for "2012".

2008—Subsec. (b). Pub. L. 110–246, §7123, substituted "2012" for "2007".

2002—Subsec. (b). Pub. L. 107–171 substituted "$25,000,000 for each of fiscal years 2002 through 2007" for "$15,000,000 for each of fiscal years 1996 through 2002".

1998—Subsec. (b). Pub. L. 105–185 substituted "through 2002" for "and 1997".

1996—Subsec. (b). Pub. L. 104–127 substituted ", $15,000,000 for each of fiscal years 1996 and 1997" for "$8,000,000 for each of the fiscal years 1991 through 1995".

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.

§3222b–1. Grants to upgrade agriculture and food sciences facilities at the District of Columbia land-grant university

(a) Purpose

It is the intent of Congress to assist the land-grant university in the District of Columbia established under section 208 of the District of Columbia Public Postsecondary Education Reorganization Act (Public Law 93–471; 88 Stat. 1428) in efforts to acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2008 through 2012.

(Pub. L. 95–113, title XIV, §1447A, as added Pub. L. 110–234, title VII, §7124, May 22, 2008, 122 Stat. 1222, and Pub. L. 110–246, §4(a), title VII, §7124, June 18, 2008, 122 Stat. 1664, 1983.)

References in Text

Section 208 of the District of Columbia Public Postsecondary Education Reorganization Act (Public Law 93–471; 88 Stat. 1428), referred to in subsec. (a), is not classified to the Code.

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.

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.

§3222b–2. Grants to upgrade agriculture and food sciences facilities and equipment and support tropical and subtropical agricultural research at insular area land-grant colleges and universities

(a) Purpose

It is the intent of Congress to assist the land-grant colleges and universities in the insular areas in efforts to—

(1) acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research; and

(2) support tropical and subtropical agricultural research, including pest and disease research.

(b) Method of awarding grants

Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary determines necessary to carry out the purposes of this section.

(c) Regulations

The Secretary may promulgate such rules and regulations as the Secretary considers to be necessary to carry out this section.

(d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2008 through 2023.

(Pub. L. 95–113, title XIV, §1447B, as added Pub. L. 110–234, title VII, §7125, May 22, 2008, 122 Stat. 1223, and Pub. L. 110–246, §4(a), title VII, §7125, June 18, 2008, 122 Stat. 1664, 1984; amended Pub. L. 113–79, title VII, §7113, Feb. 7, 2014, 128 Stat. 874; Pub. L. 115–334, title VII, §7119, Dec. 20, 2018, 132 Stat. 4790.)

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.

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.

Amendments

2018—Subsec. (d). Pub. L. 115–334 substituted "2023" for "2018".

2014Pub. L. 113–79, §7113(a)(2), inserted "and support tropical and subtropical agricultural research" after "equipment" and substituted "colleges and universities" for "institutions" in section catchline.

Subsec. (a). Pub. L. 113–79, §7113(a)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "It is the intent of Congress to assist the land-grant institutions in the insular areas in efforts to acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research."

Subsec. (d). Pub. L. 113–79, §7113(b), substituted "2018" for "2012".

§3222c. Repealed. Pub. L. 113–79, title VII, §7114, Feb. 7, 2014, 128 Stat. 875

Section, Pub. L. 95–113, title XIV, §1448, as added Pub. L. 101–624, title XVI, §1612(c), Nov. 28, 1990, 104 Stat. 3723; amended Pub. L. 104–127, title VIII, §814, Apr. 4, 1996, 110 Stat. 1166; Pub. L. 105–185, title III, §301(a)(10), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7110, May 13, 2002, 116 Stat. 433; Pub. L. 110–234, title VII, §7126, May 22, 2008, 122 Stat. 1223; Pub. L. 110–246, §4(a), title VII, §7126, June 18, 2008, 122 Stat. 1664, 1984, related to national research and training virtual centers.

Prior Provisions

A prior section 1448 of Pub. L. 95–113, title XIV, Sept. 29, 1977, 91 Stat. 1011, amended sections 1923 and 1942 of this title, prior to repeal by Pub. L. 101–624, title XVI, §1601(f)(1)(D), Nov. 28, 1990, 104 Stat. 3704.

§3222d. Matching funds requirement for research and extension activities at eligible institutions

(a) Definitions

In this section:

(1) Eligible institution

The term "eligible institution" means a college eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.) (commonly known as the "Second Morrill Act"), including Tuskegee University.

(2) Formula funds

The term "formula funds" means the formula allocation funds distributed to eligible institutions under sections 3221 and 3222 of this title.

(b) Determination of non-Federal sources of funds

Not later than September 30, 1999, each eligible institution shall submit to the Secretary a report describing for fiscal year 1999—

(1) the sources of non-Federal funds made available by the State to the eligible institution for agricultural research, extension, and education to meet the requirements of this section; and

(2) the amount of such funds generally available from each source.

(c) Matching formula

Notwithstanding any other provision of this subchapter, the State shall provide equal matching funds from non-Federal sources.

(d) Waiver authority

Notwithstanding subsection (f), the Secretary may waive the matching funds requirement under subsection (c) above the 50 percent level for any fiscal year for an eligible institution of a State if the Secretary determines that the State will be unlikely to satisfy the matching requirement.

(e) Use of matching funds

Under terms and conditions established by the Secretary, matching funds provided as required by subsection (c) may be used by an eligible institution for agricultural research, extension, and education activities.

(f) Redistribution of funds

(1) Redistribution required

Federal funds that are not matched by a State in accordance with subsection (c) for a fiscal year shall be redistributed by the Secretary to eligible institutions whose States have satisfied the matching funds requirement for that fiscal year.

(2) Administration

Any redistribution of funds under this subsection shall be subject to the applicable matching requirement specified in subsection (c) and shall be made in a manner consistent with sections 3221 and 3222 of this title, as determined by the Secretary.

(Pub. L. 95–113, title XIV, §1449, as added Pub. L. 105–185, title II, §226(a), June 23, 1998, 112 Stat. 542; amended Pub. L. 107–171, title VII, §7212, May 13, 2002, 116 Stat. 447; Pub. L. 110–234, title VII, §7127, May 22, 2008, 122 Stat. 1223; Pub. L. 110–246, §4(a), title VII, §7127, June 18, 2008, 122 Stat. 1664, 1984.)

References in Text

Act of August 30, 1890, referred to in subsec. (a)(1), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

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, §7127, substituted "the State shall provide equal matching funds" for "for each of fiscal years 2003 through 2007, the State shall provide matching funds" and struck out at end "Such matching funds shall be for an amount equal to not less than—

"(1) 60 percent of the formula funds to be distributed to the eligible institution for fiscal year 2003;

"(2) 70 percent of the formula funds to be distributed to the eligible institution for fiscal year 2004;

"(3) 80 percent of the formula funds to be distributed to the eligible institution for fiscal year 2005;

"(4) 90 percent of the formula funds to be distributed to the eligible institution for fiscal year 2006; and

"(5) 100 percent of the formula funds to be distributed to the eligible institution for fiscal year 2007 and each fiscal year thereafter."

2002—Subsec. (c). Pub. L. 107–171, §7212(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Notwithstanding any other provision of this subchapter, the distribution of formula funds to an eligible institution shall be subject to the following matching requirements:

"(1) For fiscal year 2000, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 30 percent of the formula funds to be distributed to the eligible institution.

"(2) For fiscal year 2001, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 45 percent of the formula funds to be distributed to the eligible institution.

"(3) For fiscal year 2002 and each fiscal year thereafter, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds to be distributed to the eligible institution."

Subsec. (d). Pub. L. 107–171, §7212(2), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

"(1) Fiscal year 2000.—Notwithstanding subsection (f) of this section, the Secretary may waive the matching funds requirement under subsection (c)(1) of this section for fiscal year 2000 for an eligible institution of a State if the Secretary determines that, based on the report received under subsection (b) of this section, the State will be unlikely to satisfy the matching requirement.

"(2) Future fiscal years.—The Secretary may not waive the matching requirement under subsection (c) of this section for any fiscal year other than fiscal year 2000."

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.

§3222e. New beginning for tribal students

(a) Definitions

In this section:

(1) Indian tribe

The term "Indian tribe" has the meaning given such term in section 5304 of title 25).1

(2) Land-grant college or university

The term "land-grant college or university" includes a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 note)).

(3) Tribal student

The term "Tribal student" means a student at a land-grant college or university that is a member of an Indian tribe.

(b) New beginning initiative

(1) Authorization

The Secretary may make competitive grants to land-grant colleges and universities to provide identifiable support specifically targeted for Tribal students.

(2) Application

A land-grant college or university that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

(3) Use of funds

A land-grant college or university that receives a grant under this section shall use the grant funds to support Tribal students through—

(A) recruiting;

(B) tuition and related fees;

(C) experiential learning; and

(D) student services, including—

(i) tutoring;

(ii) counseling;

(iii) academic advising; and

(iv) other student services that would increase the retention and graduation rate of Tribal students enrolled at the land-grant college or university, as determined by the Secretary.

(4) Matching funds

A land-grant college or university that receives a grant under this section shall provide matching funds toward the cost of carrying out the activities described in this section in an amount equal to not less than 100 percent of the grant award.

(5) Maximum amount per state

No State shall receive, through grants made under this section to land-grant colleges and universities located in the State, more than $500,000 per year.

(c) Report

Not later than 3 years after December 20, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Indian Affairs of the Senate a report that includes an itemized list of grant funds distributed under this section, including the specific form of assistance provided under subsection (b)(3), and the number of Tribal students assisted and the graduation rate of Tribal students at land-grant colleges and universities receiving grants under this section.

(d) Authorization of appropriation

There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023.

(Pub. L. 95–113, title XIV, §1450, as added Pub. L. 115–334, title VII, §7120, Dec. 20, 2018, 132 Stat. 4791.)

1 So in original. The closing parenthesis probably should not appear.

§3223. Grants for acquisition and improvement of research facilities and equipment

(a) Eligible institutions; statement of purposes

It is hereby declared to be the intent of Congress to assist the institutions eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute (hereinafter referred to in this section as "eligible institutions"), in the acquisition and improvement of research facilities and equipment, including agricultural libraries, so that eligible institutions may participate fully with the State agricultural experiment stations in a balanced attack on the research needs of the people of their States.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary of Agriculture for the purpose of carrying out the provisions of this section $10,000,000 for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, September 30, 1985, September 30, 1986, and September 30, 1987, such sums to remain available until expended.

(c) Allocation of funds

Four per centum of the sums appropriated pursuant to this section shall be available to the Secretary for administration of this grants program. The remaining funds shall be available for grants to the eligible institutions for the purpose of assisting them in the purchase of equipment and land, and the planning, construction, alteration, or renovation of buildings to strengthen their capacity to conduct research in the food and agricultural sciences.

(d) Amount, terms, and conditions

Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary shall determine necessary for carrying out the purposes of this section.

(e) Restrictions

Federal funds provided under this section may not be utilized for the payment of any overhead costs of the eligible institutions.

(f) Rules and regulations

The Secretary may promulgate such rules and regulations as the Secretary may deem necessary to carry out the provisions of this section.

(Pub. L. 97–98, title XIV, §1433, Dec. 22, 1981, 95 Stat. 1312; Pub. L. 99–198, title XIV, §1433, Dec. 23, 1985, 99 Stat. 1557.)

References in Text

Act of August 30, 1890, referred to in subsec. (a), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Codification

Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the National Agricultural Research Extension and Teaching Policy Act of 1977 which comprises this chapter.

Amendments

1985—Subsec. (a). Pub. L. 99–198, §1432(a), inserted ", including agricultural libraries," after "equipment".

Subsec. (b). Pub. L. 99–198, §1432(b), authorized appropriations for fiscal year ending Sept. 30, 1987.

Effective Date

Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title.

§3224. Repealed. Pub. L. 104–127, title VIII, §873, Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105–185, title VI, §606(g), June 23, 1998, 112 Stat. 604

Section, Pub. L. 99–198, title XIV, §1416, Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, §1601(d)(1), Nov. 28, 1990, 104 Stat. 3704, provided for grants to upgrade 1890 land-grant college extension facilities.

Codification

Pub. L. 105–185, title VI, §606(g), June 23, 1998, 112 Stat. 604, provided that the technical amendment made by section 606(g) to section 873 of Pub. L. 104–127, which repealed this section, is effective Apr. 6, 1996.

SUBCHAPTER VII—PROGRAMS FOR HISPANIC, ALASKA NATIVE, AND NATIVE HAWAIIAN SERVING INSTITUTIONS

Prior Provisions

A prior subchapter VII, consisting of parts A (§3241), B (§§3251, 3252), C (§§3261 to 3263), D (§3271), and E (§§3281, 3282), related to solar energy research and development, prior to repeal by Pub. L. 101–624, title XVI, §1601(f)(1)(D), Nov. 28, 1990, 104 Stat. 3704.

Section 3241, Pub. L. 95–113, title XIV, §1449, Sept. 29, 1977, 91 Stat. 1012, related to farm and forest uses of solar energy and nonrenewable fuel and petrochemical substitutes.

Section 3251, Pub. L. 95–113, title XIV, §1450, Sept. 20, 1977, 91 Stat. 1012, provided for a solar energy research information system.

Section 3252, Pub. L. 95–113, title XIV, §1451, Sept. 29, 1977, 91 Stat. 1013, provided for assistance from an advisory committee respecting functions of Secretary on model farms and demonstration projects.

Section 3261, Pub. L. 95–113, title XIV, §1452, Sept. 29, 1977, 91 Stat. 1013, provided for model farms.

Section 3262, Pub. L. 95–113, title XIV, §1453, Sept. 29, 1977, 91 Stat. 1014, provided for demonstration projects.

Section 3263, Pub. L. 95–113, title XIV, §1454, Sept. 29, 1977, 91 Stat. 1015; Pub. L. 97–98, title XIV, §1434, Dec. 22, 1981, 95 Stat. 1312, authorized appropriation of funds.

Section 3271, Pub. L. 95–113, title XIV, §1455, Sept. 29, 1977, 91 Stat. 1015, provided for establishment of regional solar energy research, development, and demonstration centers.

Section 3281, Pub. L. 95–113, title XIV, §1456, Sept. 29, 1977, 91 Stat. 1015, authorized appropriation of funds.

Section 3282, Pub. L. 95–113, title XIV, §1457, Sept. 29, 1977, 91 Stat. 1015; Pub. L. 97–98, title XIV, §1435, Dec. 22, 1981, 95 Stat. 1313, defined "solar energy".

§3241. Education grants programs for Hispanic-serving institutions

(a) Grant authority

The Secretary may make competitive grants to Hispanic-serving institutions for the purpose of promoting and strengthening the ability of Hispanic-serving institutions to carry out education, applied research, and related community development programs.

(b) Use of grant funds

Grants made under this section shall be used—

(1) to support the activities of Hispanic-serving institutions to enhance educational equity for underrepresented students;

(2) to strengthen institutional educational capacities, including libraries, curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, in order to respond to identified State, regional, national, or international educational needs in the food and agricultural sciences;

(3) to attract and support undergraduate and graduate students from underrepresented groups in order to prepare them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with the mentoring of students at the high school level and continuing with the provision of financial support for students through their attainment of a doctoral degree; and

(4) to facilitate cooperative initiatives between 2 or more Hispanic-serving institutions, or between Hispanic-serving institutions and units of State government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve food and agricultural sciences teaching programs.

(c) Authorization of appropriations

There are authorized to be appropriated to make grants under this section $40,000,000 for each of fiscal years 1997 through 2023.

(Pub. L. 95–113, title XIV, §1455, as added Pub. L. 104–127, title VIII, §815(a), Apr. 4, 1996, 110 Stat. 1166; amended Pub. L. 105–185, title III, §301(a)(11), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7111, May 13, 2002, 116 Stat. 433; Pub. L. 110–234, title VII, §7128, May 22, 2008, 122 Stat. 1223; Pub. L. 110–246, §4(a), title VII, §7128, June 18, 2008, 122 Stat. 1664, 1985; Pub. L. 113–79, title VII, §7115, Feb. 7, 2014, 128 Stat. 875; Pub. L. 115–334, title VII, §7121, Dec. 20, 2018, 132 Stat. 4792.)

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.

Prior Provisions

For prior section 3241 and prior section 1455 of Pub. L. 95–113, see note set out preceding this section.

Amendments

2018—Subsec. (c). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (c). Pub. L. 113–79 substituted "2018" for "2012".

2008—Subsec. (a). Pub. L. 110–246, §7128(1), struck out "(or grants without regard to any requirement for competition)" after "competitive grants".

Subsec. (b)(1). Pub. L. 110–246, §7128(2), struck out "of consortia" after "activities".

Subsec. (c). Pub. L. 110–246, §7128(3), substituted "$40,000,000" for "$20,000,000" and "2012" for "2007".

2002—Subsec. (c). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (c). Pub. L. 105–185 substituted "each of fiscal years 1997 through 2002" for "fiscal year 1997".

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.

§3242. Transferred

Codification

Section, Pub. L. 106–78, title VII, §759, Oct. 22, 1999, 113 Stat. 1172, which related to education grants to Alaska Native serving institutions and Native Hawaiian serving institutions, was renumbered section 1419B of title XIV of Pub. L. 95–113, and amended by Pub. L. 110–234, title VII, §7112, May 22, 2008, 122 Stat. 1219, and Pub. L. 110–246, §4(a), title VII, §7112, June 18, 2008, 122 Stat. 1664, 1980, and was transferred to section 3156 of this title.

§3243. Hispanic-serving agricultural colleges and universities

(a) Definition of endowment fund

In this section, the term "endowment fund" means the Hispanic-Serving Agricultural Colleges and Universities Fund established under subsection (b).

(b) Endowment

(1) In general

The Secretary of the Treasury shall establish in accordance with this subsection a Hispanic-Serving Agricultural Colleges and Universities Fund.

(2) Agreements

The Secretary of the Treasury may enter into such agreements as are necessary to carry out this subsection.

(3) Deposit to the endowment fund

The Secretary of the Treasury shall deposit in the endowment fund any—

(A) amounts made available through Acts of appropriations, which shall be the endowment fund corpus; and

(B) interest earned on the endowment fund corpus.

(4) Investments

The Secretary of the Treasury shall invest the endowment fund corpus and income in interest-bearing obligations of the United States.

(5) Withdrawals and expenditures

(A) Corpus

The Secretary of the Treasury may not make a withdrawal or expenditure from the endowment fund corpus.

(B) Withdrawals

On September 30, 2008, and each September 30 thereafter, the Secretary of the Treasury shall withdraw the amount of the income from the endowment fund for the fiscal year and warrant the funds to the Secretary of Agriculture who, after making adjustments for the cost of administering the endowment fund, shall distribute the adjusted income as follows:

(i) 60 percent shall be distributed among the Hispanic-serving agricultural colleges and universities on a pro rata basis based on the Hispanic enrollment count of each institution.

(ii) 40 percent shall be distributed in equal shares to the Hispanic-serving agricultural colleges and universities.

(6) Endowments

Amounts made available under this subsection shall be held and considered to be granted to Hispanic-serving agricultural colleges and universities to establish an endowment in accordance with this subsection.

(7) Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.

(c) Authorization for annual payments

(1) In general

For fiscal year 2008 and each fiscal year thereafter, there are authorized to be appropriated to the Department of Agriculture to carry out this subsection an amount equal to the product obtained by multiplying—

(A) $80,000; by

(B) the number of Hispanic-serving agricultural colleges and universities.

(2) Payments

For fiscal year 2008 and each fiscal year thereafter, the Secretary of the Treasury shall pay to the treasurer of each Hispanic-serving agricultural college and university an amount equal to—

(A) the total amount made available by appropriations under paragraph (1); divided by

(B) the number of Hispanic-serving agricultural colleges and universities.

(3) Use of funds

(A) In general

Amounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (commonly known as the "Second Morrill Act") (7 U.S.C. 321 et seq.).

(B) Relationship to other law

Except as otherwise provided in this subsection, the requirements of that Act shall apply to Hispanic-serving agricultural colleges and universities under this section.

(d) Institutional capacity-building grants

(1) In general

For fiscal year 2008 and each fiscal year thereafter, the Secretary shall make grants to assist Hispanic-serving agricultural colleges and universities in institutional capacity building (not including alteration, repair, renovation, or construction of buildings).

(2) Criteria for institutional capacity-building grants

(A) Requirements for grants

The Secretary shall make grants under this subsection on the basis of a competitive application process under which Hispanic-serving agricultural colleges and universities may submit applications to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(B) Demonstration of need

(i) In general

As part of an application for a grant under this subsection, the Secretary shall require the applicant to demonstrate need for the grant, as determined by the Secretary.

(ii) Other sources of funding

The Secretary may award a grant under this subsection only to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding.

(C) Payment of non-Federal share

A grant awarded under this subsection shall be made only if the recipient of the grant pays a non-Federal share in an amount that is specified by the Secretary and based on assessed institutional needs.

(3) Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.

(e) Competitive grants program

(1) In general

The Secretary shall establish a competitive grants program—

(A) to fund fundamental and applied research and extension at Hispanic-serving agricultural colleges and universities in agriculture, human nutrition, food science, bioenergy, and environmental science; and

(B) to award competitive grants to Hispanic-serving agricultural colleges and universities to provide for training in the food and agricultural sciences of Hispanic agricultural workers and Hispanic youth working in the food and agricultural sciences.

(2) Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2008 and each fiscal year thereafter.

(Pub. L. 95–113, title XIV, §1456, as added Pub. L. 110–234, title VII, §7129(a), May 22, 2008, 122 Stat. 1224, and Pub. L. 110–246, §4(a), title VII, §7129(a), June 18, 2008, 122 Stat. 1664, 1985; amended Pub. L. 113–79, title VII, §7116, Feb. 7, 2014, 128 Stat. 875.)

References in Text

Act of August 30, 1890 and that Act, referred to in subsec. (c)(3), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 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.

Prior Provisions

For prior section 1456 of Pub. L. 95–113, see note set out preceding section 3241.

Amendments

2014—Subsec. (e)(1). Pub. L. 113–79 amended par. (1) generally. Prior to amendment, text read as follows: "The Secretary shall establish a competitive grants program to fund fundamental and applied research at Hispanic-serving agricultural colleges and universities in agriculture, human nutrition, food science, bioenergy, and environmental science."

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.

SUBCHAPTER VIII—INTERNATIONAL RESEARCH, EXTENSION, AND TEACHING

§3291. International agricultural research, extension, and teaching

(a) Authority of Secretary

To carry out the policy of this subchapter, the Secretary (in consultation with the Agency for International Development and subject to such coordination with other Federal officials, Departments, and agencies as the President may direct) may—

(1) expand the operational coordination of the Department of Agriculture with institutions and other persons throughout the world performing agricultural and related research, extension, and teaching activities by—

(A) exchanging research materials and results with the institutions or persons;

(B) conducting with the institutions or persons joint or coordinated research, extension, and teaching activities that address problems of significance to food and agriculture in the United States; and

(C) giving priority to those institutions with existing memoranda of understanding, agreements, or other formal ties to United States institutions, or Federal or State agencies;


(2) enter into cooperative arrangements with Departments and Ministries of Agriculture in other nations to conduct research, extension, and teaching activities in support of the development of a viable and sustainable global agricultural system, including efforts to establish a global system for plant genetic resources conservation;

(3) enter into agreements with land-grant colleges and universities, Hispanic-serving agricultural colleges and universities, the Agency for International Development, and international organizations (such as the United Nations, the World Bank, regional development banks, international agricultural research centers), or other organizations, institutions, or individuals with comparable goals, to promote and support—

(A) the development of a viable and sustainable global agricultural system;

(B) antihunger and improved international nutrition efforts; and

(C) increased quantity, quality, and availability of food;


(4) further develop within the Department highly qualified and experienced science and education experts who specialize in international programs, to be available to carry out the activities described in this section;

(5) work with transitional and more advanced countries in food, agricultural, and related research, development, teaching, and extension (including providing technical assistance, training, and advice to persons from the countries engaged in the activities and the stationing of scientists and other specialists at national and international institutions in the countries);

(6) expand collaboration and coordination with the Agency for International Development regarding food and agricultural research, extension, and teaching programs in developing countries;

(7) assist colleges and universities in strengthening their capabilities for food, agricultural, and related research, extension, and teaching programs relevant to agricultural development activities in other countries through—

(A) the provision of support to State universities, land-grant colleges and universities, and Hispanic-serving agricultural colleges and universities to do collaborative research with other countries on issues relevant to United States agricultural competitiveness;

(B) the provision of support for cooperative extension education in global agriculture and to promote the application of new technology developed in foreign countries to United States agriculture; and

(C) the provision of support for the internationalization of resident instruction programs of the universities and colleges described in subparagraph (A);


(8) continue, in cooperation with the Secretary of State, a program, coordinated through the International Arid Land Consortium, to enhance collaboration and cooperation between institutions possessing research, extension, and teaching capabilities applied to the development, management, and reclamation of arid lands;

(9) make competitive grants for collaborative projects that—

(A) involve Federal scientists or scientists from land-grant colleges and universities, Hispanic-serving agricultural colleges and universities, or other colleges and universities with scientists at international agricultural research centers in other nations, including the international agricultural research centers of the Consultative Group on International Agriculture Research;

(B) focus on developing and using new technologies and programs for—

(i) increasing the production of food and fiber, while safeguarding the environment worldwide and enhancing the global competitiveness of United States agriculture; or

(ii) training scientists;


(C) are mutually beneficial to the United States and other countries; and

(D) encourage private sector involvement and the leveraging of private sector funds;


(10) establish a program, to be coordinated by the National Institute of Food and Agriculture and the Foreign Agricultural Service, to place interns from United States colleges and universities at Foreign Agricultural Service field offices overseas; and

(11) establish a program for the purpose of providing fellowships to United States or foreign students to study at foreign agricultural colleges and universities working under agreements provided for under paragraph (3).

(b) Enhancing linkages

The Secretary shall draw upon and enhance the resources of the land-grant colleges and universities, and other colleges and universities, for developing linkages among these institutions, the Federal Government, international research centers, and counterpart research, extension, and teaching agencies and institutions in both the developed and less-developed countries to serve the purposes of agriculture and the economy of the United States and to make a substantial contribution to the cause of improved food and agricultural progress throughout the world.

(c) Provision of specialized or technical services

The Secretary may provide specialized or technical services, on an advance of funds or a reimbursable basis, to United States colleges and universities and other nongovernmental organizations carrying out international food, agricultural, and related research, extension, and teaching development projects and activities. All funds received in payment for furnishing such specialized or technical services shall be deposited to the credit of the appropriation from which the cost of providing such services has been paid or is to be charged.

(d) Reports

The Secretary shall provide biennial reports to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on efforts of the Federal Government—

(1) to coordinate international agricultural research within the Federal Government; and

(2) to more effectively link the activities of domestic and international agricultural researchers, particularly researchers of the Agricultural Research Service.

(e) Certain binational projects

(1) Full payment of funds

Notwithstanding any other provision of law, the full amount of any funds appropriated or otherwise made available to carry out cooperative projects under the arrangement entered into between the Secretary and the Government of Israel to support the United States-Israel Binational Agricultural Research and Development Fund (referred to in this subsection as the "BARD Fund") shall be paid directly to the Fund.

(2) Activities

Activities under the BARD Fund to promote and support agricultural research and development that are of mutual benefit to the United States and Israel shall—

(A) accelerate the demonstration, development, and application of agricultural solutions resulting from or relating to BARD Fund programs, including BARD Fund-sponsored research and innovations in drip irrigation, pesticides, aquaculture, livestock, poultry, disease control, and farm equipment; and

(B) encourage research carried out by governmental, nongovernmental, and private entities, including through collaboration with colleges and universities, research institutions, and the private sector.

(Pub. L. 95–113, title XIV, §1458, Sept. 29, 1977, 91 Stat. 1015; Pub. L. 97–98, title XIV, §1436, Dec. 22, 1981, 95 Stat. 1313; Pub. L. 99–198, title XIV, §1418, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 101–624, title XVI, §1613(a), (b), (d)(1), Nov. 28, 1990, 104 Stat. 3724, 3726; Pub. L. 102–237, title IV, §402(11), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §816, Apr. 4, 1996, 110 Stat. 1167; Pub. L. 105–185, title II, §227(a)–(d), June 23, 1998, 112 Stat. 543–545; Pub. L. 107–171, title VII, §7209(c), May 13, 2002, 116 Stat. 445; Pub. L. 110–234, title VII, §§7130, 7511(c)(10)(B), May 22, 2008, 122 Stat. 1227, 1268; Pub. L. 110–246, §4(a), title VII, §§7130, 7511(c)(10)(B), June 18, 2008, 122 Stat. 1664, 1988, 2029; Pub. L. 115–334, title VII, §7122, Dec. 20, 2018, 132 Stat. 4792.)

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

2018—Subsec. (e). Pub. L. 115–334 substituted "Certain" for "Full payment of funds made available for certain" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, substituted "United States-Israel" for "Israel-United States" and inserted "(referred to in this subsection as the 'BARD Fund')" after "Development Fund", and added par. (2).

2008—Subsec. (a)(1)(C). Pub. L. 110–246, §7130(1), added subpar. (C).

Subsec. (a)(3). Pub. L. 110–246, §7130(2), added par. (3) and struck out former par. (3) which read as follows: "enter into agreements with land-grant colleges and universities, the Agency for International Development, and international organizations (such as the United Nations, World Bank, regional development banks, the International Agricultural Research Center), or other organizations, institutions or individuals with comparable goals, to promote and support the development of a viable and sustainable global agricultural system;".

Subsec. (a)(7)(A). Pub. L. 110–246, §7130(3), substituted ", land-grant colleges and universities, and Hispanic-serving agricultural colleges and universities" for "and land-grant colleges and universities".

Subsec. (a)(9)(A). Pub. L. 110–246, §7130(4)(A), substituted ", Hispanic-serving agricultural colleges and universities, or other colleges and universities" for "or other colleges and universities".

Subsec. (a)(10). Pub. L. 110–246, §7511(c)(10)(B), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service".

Subsec. (a)(11). Pub. L. 110–246, §7130(4)(B)–(6), added par. (11).

2002—Subsec. (a)(10). Pub. L. 107–171 added par. (10).

1998Pub. L. 105–185, §227(a)(1), substituted "research, extension, and teaching" for "research and extension" in section catchline.

Subsec. (a)(1). Pub. L. 105–185, §227(a)(2)(A)(i), substituted "related research, extension, and teaching" for "related research and extension" in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 105–185, §227(a)(2)(A)(ii), substituted "research, extension, and teaching activities that address" for "research and extension on".

Subsec. (a)(2). Pub. L. 105–185, §227(a)(2)(B), substituted "teaching" for "education".

Subsec. (a)(4). Pub. L. 105–185, §227(a)(2)(C), substituted "science and education experts" for "scientists and experts".

Subsec. (a)(5). Pub. L. 105–185, §227(a)(2)(D), inserted "teaching," after "development,".

Subsec. (a)(6). Pub. L. 105–185, §227(a)(2)(B), substituted "teaching" for "education".

Subsec. (a)(7). Pub. L. 105–185, §227(a)(2)(E), substituted "research, extension, and teaching programs" for "research and extension that is".

Subsec. (a)(8). Pub. L. 105–185, §227(a)(2)(F), substituted "research, extension, and teaching capabilities" for "research capabilities".

Subsec. (a)(9). Pub. L. 105–185, §227(b), added par. (9).

Subsec. (b). Pub. L. 105–185, §227(a)(3), substituted "counterpart research, extension, and teaching agencies" for "counterpart agencies".

Subsec. (d). Pub. L. 105–185, §227(c), added subsec. (d).

Subsec. (e). Pub. L. 105–185, §227(d), added subsec. (e).

1996—Subsec. (a)(8). Pub. L. 104–127 substituted "continue" for "establish" after "(8)" and struck out "to be" before "coordinated".

1991—Subsec. (a)(3). Pub. L. 102–237 substituted a semicolon for period at end.

1990Pub. L. 101–624, §1613(d)(1)(A), inserted section catchline.

Subsec. (a). Pub. L. 101–624, §1613(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary, subject to such coordination with other Federal officials, departments, and agencies as the President may direct, is authorized to—

"(1) expand the operational coordination of the Department of Agriculture with institutions and other persons throughout the world performing agricultural and related research and extension activities by exchanging research materials and results with such institutions or persons and by conducting with such institutions or persons joint or coordinated research and extension on problems of significance to food and agriculture in the United States;

"(2) assist the Agency for International Development with food, agricultural, research and extension programs in developing countries;

"(3) work with developed and transitional countries on food, agricultural and related research and extension, including providing technical assistance, training, and advice to persons from such countries engaged in such activities and the stationing of scientists at national and international institutions in such countries;

"(4) assist United States colleges and universities in strengthening their capabilities for food, agricultural, and related research and extension relevant to agricultural development activities in other countries through the development of highly qualified scientists with specialization in international development; and

"(5) further develop within the Department of Agriculture highly qualified and experienced scientists who specialize in international programs, to be available for the activities described in this section."

Subsec. (b). Pub. L. 101–624, §1613(d)(1)(B), inserted heading.

Subsec. (c). Pub. L. 101–624, §1613(b), (d)(1)(C), inserted heading and "and other nongovernmental organizations" after "universities".

1985—Subsec. (a)(3). Pub. L. 99–198 substituted "providing technical assistance, training, and advice to" for "the training of".

Subsec. (a)(4). Pub. L. 99–198 inserted "through the development of highly qualified scientists with specialization in international development" after "countries".

1981Pub. L. 97–98 designated existing provisions as subsec. (a), inserted provisions authorizing Secretary to work with transitional countries as well as developed countries on agricultural research and extension and establishing that agricultural research includes food, agricultural, and related research, and added subsecs. (b) and (c).

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)(10)(B) 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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective Date

Subchapter effective Oct. 1