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7 USC Ch. 103: AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM
From Title 7—AGRICULTURE
CHAPTER 103—AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM
SUBCHAPTER I—PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
Standards for Federal funding of agricultural research, extension, and education.
Priority setting process.
Relevance and merit of agricultural research, extension, and education funded by the Department.
Roadmap.
7614b.
Review of plan of work requirements.
7614c.
Budget submission and funding.
SUBCHAPTER II—NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION INITIATIVES
7621 to 7623. Repealed.
Biobased products.
National Food Safety Training, Education, Extension, Outreach, and Technical Assistance Program.
Integrated research, education, and extension competitive grants program.
Coordinated program of research, extension, and education to improve viability of small and medium size dairy, livestock, and poultry operations.
Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.
Grants for youth organizations.
Agricultural biotechnology research and development for developing countries.
Specialty crop research initiative.
Food and agriculture service learning program.
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
Part A—Miscellaneous
Patent Culture Collection fees.
Food Animal Residue Avoidance Database program.
Distribution of farmers' bulletins.
Part B—General
Nutrient composition data.
Role of Secretary regarding food and agricultural sciences research and extension.
Office of Pest Management Policy.
Food Safety Research Information Office.
Safe food handling education.
Food safety education initiatives.
Forestry products advanced utilization research.
Clarification of research and development program for wood building construction.
7655d.
Wood innovation grant program.
Designation of Crisis Management Team within Department.
Senior Scientific Research Service.
Part C—Studies
7671, 7672. Repealed.
§7601. Definitions
In this Act:
(1) 1862 Institution
The term "1862 Institution" means a college or university eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.).
The term "1890 Institution" means a college or university eligible to receive funds under the Act of August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University.
The term "1994 Institution" means 1 of the 1994 Institutions (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)) (as amended by section 251(a)).
(4) Advisory Board
The term "Advisory Board" means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 3123 of this title.
(5) Department
The term "Department" means the Department of Agriculture.
(6) Hispanic-serving agricultural colleges and universities
The term "Hispanic-serving agricultural colleges and universities" has the meaning given the term in section 3103 of this title.
(7) Secretary
The term "Secretary" means the Secretary of Agriculture.
(Pub. L. 105–185, §2, June 23, 1998, 112 Stat. 525; Pub. L. 110–234, title VII, §7129(c)(1), May 22, 2008, 122 Stat. 1226; Pub. L. 110–246, §4(a), title VII, §7129(c)(1), June 18, 2008, 122 Stat. 1664, 1988.)
This Act, referred to in text, is Pub. L. 105–185, June 23, 1998, 112 Stat. 523, as amended, known as the Agricultural Research, Extension, and Education Reform Act of 1998. For complete classification of this Act to the Code, see Short Title note below and Tables.
Act of July 2, 1862, referred to in par. (1), 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 par. (2), 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.
Section 251(a), referred to in par. (3), is section 251(a) of Pub. L. 105–185.
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.
2008—Pars. (6), (7). Pub. L. 110–246, §7129(c)(1), added par. (6) and redesignated former par. (6) as (7).
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.
Pub. L. 105–185, §1(a), June 23, 1998, 112 Stat. 523, provided that: "This Act [see Tables for classification] may be cited as the 'Agricultural Research, Extension, and Education Reform Act of 1998'."
§7611. Standards for Federal funding of agricultural research, extension, and education
The Secretary shall ensure that agricultural research, extension, or education activities described in subsection (b) address a concern that—
(1) is a priority, as determined under section 7612(a) of this title; and
(2) has national, multistate, or regional significance.
(b) Application
Subsection (a) applies to—
(1) research activities conducted by the Agricultural Research Service; and
(2) research, extension, or education activities administered, on a competitive basis, by the National Institute of Food and Agriculture.
(Pub. L. 105–185, title I, §101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, §7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, §4(a), title VII, §7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.)
2008—Subsec. (b)(2). Pub. L. 110–246, §7511(c)(29), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service".
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 7511(c)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.
§7612. Priority setting process
(a) Establishment
Consistent with section 3101 of this title, the Secretary shall establish priorities for agricultural research, extension, and education activities conducted or funded by the Department.
(b) Responsibilities of Secretary
In establishing priorities for agricultural research, extension, and education activities conducted or funded by the Department, the Secretary shall solicit and consider input and recommendations from persons who conduct or use agricultural research, extension, or education.
(c) Responsibilities of 1862, 1890, and 1994 Institutions and Hispanic-serving agricultural colleges and universities
(1) Process
Effective October 1, 1999, to obtain agricultural research, extension, or education formula funds from the Secretary, each 1862 Institution, 1890 Institution, 1994 Institution, and Hispanic-serving agricultural college and university shall establish and implement a process for obtaining input from persons who conduct or use agricultural research, extension, or education concerning the use of the funds.
(2) Regulations
The Secretary shall promulgate regulations that prescribe—
(A) the requirements for an institution referred to in paragraph (1) to comply with paragraph (1); and
(B) the consequences for an institution of not complying with paragraph (1), which may include the withholding or redistribution of funds to which the institution may be entitled until the institution complies with paragraph (1).
(d) Management principles
To the maximum extent practicable, the Secretary shall ensure that federally supported and conducted agricultural research, extension, and education activities are accomplished in a manner that—
(1) integrates agricultural research, extension, and education functions to better link research to technology transfer and information dissemination activities;
(2) encourages regional and multistate programs to address relevant issues of common concern and to better leverage scarce resources; and
(3) achieves agricultural research, extension, and education objectives through multi-institutional and multifunctional approaches and by conducting research at facilities and institutions best equipped to achieve those objectives.
(Pub. L. 105–185, title I, §102, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, §7129(c)(2), May 22, 2008, 122 Stat. 1227; Pub. L. 110–246, §4(a), title VII, §7129(c)(2), June 18, 2008, 122 Stat. 1664, 1988.)
2008—Subsec. (c). Pub. L. 110–246, §7129(c)(2), inserted "and Hispanic-serving agricultural colleges and universities" after "Institutions" in heading and substituted "1994 Institution, and Hispanic-serving agricultural college and university" for "and 1994 Institution" in par. (1).
§7613. Relevance and merit of agricultural research, extension, and education funded by the Department
(a) Review of National Institute of Food and Agriculture
(1) Peer review of research grants
The Secretary shall establish procedures that provide for scientific peer review of each agricultural research grant administered, on a competitive basis, by the National Institute of Food and Agriculture of the Department.
(2) Relevance and merit review of research, extension, and education grants
(A) Establishment of procedures
The Secretary shall establish procedures that provide for relevance and merit review of each agricultural research, extension, or education grant administered, on a competitive basis, by the National Institute of Food and Agriculture.
(B) Consultation with Advisory Board
The Secretary shall consult with the Advisory Board in establishing the merit review procedures on a continuous basis.
(3) Consideration
Peer and merit review procedures established under paragraphs (1) and (2) shall not take the offer or availability of matching funds into consideration.
(b) Advisory Board review
On an annual basis, the Advisory Board shall review—
(1) the relevance to the priorities established under section 7612(a) of this title of the funding of all agricultural research, extension, or education activities conducted or funded by the Department; and
(2) the adequacy of the funding.
(c) Requests for proposals
(1) Review results
As soon as practicable after the review is conducted under subsection (b) for a fiscal year, the Secretary shall consider the results of the review when formulating each request for proposals, and evaluating proposals, involving an agricultural research, extension, or education activity funded, on a competitive basis, by the Department.
(2) Input
In formulating a request for proposals described in paragraph (1) for a fiscal year, the Secretary shall solicit and consider input from persons who conduct or use agricultural research, extension, or education regarding the prior year's request for proposals.
(d) Scientific peer review of agricultural research
(1) Peer review procedures
The Secretary shall establish procedures that ensure scientific peer review of all research activities conducted by the Department.
(2) Review panel required
As part of the procedures established under paragraph (1), a review panel shall verify, at least once every 5 years, that each research activity of the Department and research conducted under each research program of the Department has scientific merit and relevance.
(3) Mission area
If the research activity or program to be reviewed is included in the research, educational, and economics mission area of the Department, the review panel shall consider—
(A) the scientific merit and relevance of the activity or research in light of the priorities established pursuant to section 7612 of this title; and
(B) the national or multistate significance of the activity or research.
(4) Composition of review panel
A review panel shall be composed of individuals with scientific expertise, a majority of whom are not employees of the agency whose research is being reviewed.
(B) Scientists from colleges and universities
To the maximum extent practicable, the Secretary shall use scientists from colleges and universities to serve on the review panels.
(5) Submission of results
The results of the panel reviews shall be submitted to the Advisory Board.
(e) Merit review
(1) 1862 and 1890 Institutions
Effective October 1, 1999, to be eligible to obtain agricultural research or extension funds from the Secretary for an activity, each 1862 Institution and 1890 Institution shall—
(A) establish a process for merit review of the activity; and
(B) review the activity in accordance with the process.
(2) 1994 Institutions
Effective October 1, 1999, to be eligible to obtain agricultural extension funds from the Secretary for an activity, each 1994 Institution shall—
To be eligible to obtain agricultural extension funds from the Secretary for an activity, each Hispanic-serving agricultural college and university shall—
(B) review the activity in accordance with such process.
(Pub. L. 105–185, title I, §103, June 23, 1998, 112 Stat. 527; Pub. L. 110–234, title VII, §§7129(c)(3), 7301, 7511(c)(30), May 22, 2008, 122 Stat. 1227, 1242, 1270; Pub. L. 110–246, §4(a), title VII, §§7129(c)(3), 7301, 7511(c)(30), June 18, 2008, 122 Stat. 1664, 1988, 2003, 2031; Pub. L. 113–79, title VII, §7301, Feb. 7, 2014, 128 Stat. 887.)
Section is comprised of section 103 of Pub. L. 105–185. Subsec. (f) of section 103 of Pub. L. 105–185 amended sections 361g, 3221, and 3222 of this title and repealed sections 346 and 3314 of this title.
2014—Subsec. (a)(2). Pub. L. 113–79, §7301(1), substituted "Relevance and merit review of research, extension," for "Merit review of extension" in heading.
Subsec. (a)(2)(A). Pub. L. 113–79, §7301(2), inserted "relevance and" before "merit" and substituted "research, extension, or education" for "extension or education".
Subsec. (a)(2)(B). Pub. L. 113–79, §7301(3), inserted "on a continuous basis" after "procedures".
2008—Subsec. (a). Pub. L. 110–246, §7511(c)(30), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service" in heading and "the National Institute of Food and Agriculture" for "the Cooperative State Research, Education, and Extension Service" in text of pars. (1) and (2)(A).
Subsec. (a)(3). Pub. L. 110–246, §7301, added par. (3).
Subsec. (e)(3). Pub. L. 110–246, §7129(c)(3), added par. (3).
Except as otherwise provided in this section and sections 7614a to 7614c of this title,1 in this section and sections 7614a to 7614c of this title: 1
(1) Capacity and infrastructure program
The term "capacity and infrastructure program" has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1
(2) Capacity and infrastructure program critical base funding
The term "capacity and infrastructure program critical base funding" means the aggregate amount of Federal funds made available for capacity and infrastructure programs for fiscal year 2006, as appropriate.
(3) Competitive program
The term "competitive program" has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1
(4) Competitive program critical base funding
The term "competitive program critical base funding" means the aggregate amount of Federal funds made available for competitive programs for fiscal year 2006, as appropriate.
(6) NLGCA Institution
The term "NLGCA Institution" has the meaning given the term in section 3103 of this title.
(7) 1862 Institution; 1890 Institution; 1994 Institution
The terms "1862 Institution", "1890 Institution", and "1994 Institution" have the meanings given the terms in section 7601 of this title.
(Pub. L. 110–234, title VII, §7501, May 22, 2008, 122 Stat. 1256; Pub. L. 110–246, §4(a), title VII, §7501, June 18, 2008, 122 Stat. 1664, 2018.)
This section and sections 7614a to 7614c of this title, referred to in text, was in the original "this subtitle", and was translated as meaning "this part", meaning part I (§§7501 to 7506) of subtitle E of title VII of Pub. L. 110–246, June 18, 2008, 122 Stat. 2018, to reflect the probable intent of Congress.
Section 7511(a)(4), referred to in pars. (1) and (3), means section 7511(a)(4) of Pub. L. 110–246.
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.
Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
1 See References in Text note below.
§7614a. Roadmap
Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Under Secretary of Research, Education, and Economics (referred to in this section as the "Under Secretary"), shall commence preparation of a roadmap for agricultural research, education, and extension that—
(1) identifies current trends and constraints;
(2) identifies major opportunities and gaps that no single entity within the Department of Agriculture would be able to address individually;
(3) involves—
(A) interested parties from the Federal Government and nongovernmental entities; and
(B) the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 3123 of this title;
(4) incorporates roadmaps for agricultural research, education, and extension made publicly available by other Federal entities, agencies, or offices; and
(5) describes recommended funding levels for areas of agricultural research, education, and extension, including—
(A) competitive programs;
(B) capacity and infrastructure programs, with attention to the future growth needs of—
(i) small 1862 Institutions, 1890 Institutions, and 1994 Institutions;
(ii) Hispanic-serving agricultural colleges and universities;
(iii) NLGCA Institutions; and
(iv) colleges of veterinary medicine; and
(C) intramural programs at agencies within the research, education, and economics mission area; and
(6) describes how organizational changes enacted by this Act have impacted agricultural research, extension, and education across the Department of Agriculture, including minimization of unnecessary programmatic and administrative duplication.
(b) Reviewability
The roadmap described in this section shall not be subject to review by any officer or employee of the Federal Government other than the Secretary (or a designee of the Secretary).
(c) Roadmap implementation and report
Not later than 1 year after the date on which the Secretary commences preparation of the roadmap under this section, the Secretary shall—
(1) implement and use the roadmap to set the research, education, and extension agenda of the Department of Agriculture; and
(2) make the roadmap available to the public.
The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
This Act, referred to in subsec. (a)(6), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651, known as the Food, Conservation, and Energy Act of 2008. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.
Definition of "Secretary"
"Secretary" as meaning the Secretary of Agriculture, see section 8701 of this title.
§7614b. Review of plan of work requirements
(a) Review
The Secretary shall work with university partners in extension and research to review and identify measures to streamline the submission, reporting under, and implementation of plan of work requirements, including those requirements under—
(1) sections 3221(d) and 3222(c) of this title;
(2) section 361g of this title; and
(3) section 344 of this title.
(b) Consultation
In carrying out the review and formulating and compiling the recommendations, the Secretary shall consult with the land-grant institutions.
§7614c. Budget submission and funding
(a) Definitions
(1) Covered program
The term "covered program" means—
(A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and
(B) each competitive program carried out by the National Institute of Food and Agriculture for which annual appropriations are requested in the annual budget submission of the President.
(2) Request for applications
The term "request for applications" means a funding announcement published by the National Institute of Food and Agriculture that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restriction, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities.
(b) Budget request
The President shall submit to Congress, together with the annual budget submission of the President, a single budget line item reflecting the total amount requested by the President for funding for research, education, and extension activities of the Research, Education, and Economics mission area of the Department for that fiscal year and for the preceding 5 fiscal years.
(c) Capacity and infrastructure program request
Of the funds requested for capacity and infrastructure programs in excess of the capacity and infrastructure program critical base funding level, budgetary emphasis should be placed on enhancing funding for—
(1) 1890 Institutions;
(3) NLGCA Institutions;
(4) Hispanic-serving agricultural colleges and universities; and
(5) small 1862 Institutions.
(d) Competitive program request
Of the funds requested for competitive programs in excess of the competitive program critical base funding level, budgetary emphasis should be placed on—
(1) enhancing funding for emerging problems; and
(2) finding solutions for those problems.
(e) Additional presidential budget submission requirement
Each year, the President shall submit to Congress for each funding request for a covered program—
(A) in the case of the information described in paragraph (2), such information together with the annual budget submission of the President; and
(B) in the case of any additional information described in paragraph (3), such additional information within a reasonable period that begins after the date of the annual budget submission of the President.
(2) Information described
The information described in this paragraph includes—
(A) baseline information, including with respect to each covered program—
(i) the funding level for the program for the fiscal year preceding the year for which the annual budget submission of the President is submitted;
(ii) the funding level requested in the annual budget submission of the President, including any increase or decrease in the funding level; and
(iii) an explanation justifying any change from the funding level specified in clause (i) to the level specified in clause (ii);
(B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the program;
(C) the proposed funding levels to be allocated to, and the expected publication date, scope, and allocation level for, each request for applications to be published under or associated with—
(i) each grant and cooperative agreement awarded under subsection (d) of section 2279 of this title;
(ii) each priority area specified in subsection (b)(2) of section 3157 of this title;
(iii) each research and extension project carried out under section 5811(a) of this title;
(iv) each grant awarded under section 5925b(a) of this title; and
(v) each grant awarded under section 7632(d) of this title; and
(D) any other information the Secretary determines will increase congressional oversight with respect to covered programs.
(3) Additional information described
The additional information described in this paragraph is information that the Secretary, after consulting with the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Senate, determines is a necessary revision or clarification to the information described in paragraph (2).
(4) Prohibition
Unless the President submits the information described in paragraph (2)(C) for a fiscal year, the President may not carry out any program during that fiscal year that is authorized under—
(A) subsection (d) of section 2279 of this title;
(B) subsection (b) of section 3157 of this title;
(C) section 5811 of this title;
(D) section 5925b of this title; or
(E) section 7632 of this title.
(f) Report of the Secretary of Agriculture
Each year on a date that is not later than the date on which the President submits the annual budget, the Secretary shall submit to Congress a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government during the fiscal year that immediately precedes the year for which the report is submitted, including—
(1) a review of the extent to which those activities—
(A) are duplicative or overlap within the Department of Agriculture; or
(B) are similar to activities carried out by—
(i) other Federal agencies;
(ii) the States (including the District of Columbia, the Commonwealth of Puerto Rico and other territories or possessions of the United States);
(iii) institutions of higher education (as defined in section 1001 of title 20); or
(iv) the private sector; and
(2) for each report submitted under this section on or after January 1, 2014, a 5-year projection of national priorities with respect to agricultural research, extension, and education, taking into account domestic needs.
(g) Interchangeability of funds
Nothing in this section shall be construed so as to limit the authority of the Secretary under section 2257 of this title, with respect to the reprogramming or transfer of funds.
(Pub. L. 110–234, title VII, §7506, May 22, 2008, 122 Stat. 1259; Pub. L. 110–246, §4(a), title VII, §7506, June 18, 2008, 122 Stat. 1664, 2020; Pub. L. 113–79, title VII, §7513, Feb. 7, 2014, 128 Stat. 901; Pub. L. 115–334, title XII, §12301(a)(2)(C), Dec. 20, 2018, 132 Stat. 4950.)
2018—Subsec. (e)(2)(C)(i). Pub. L. 115–334, §12301(a)(2)(C)(i)(III), added cl. (i). Former cl. (i) redesignated (ii).
Subsec. (e)(2)(C)(ii). Pub. L. 115–334, §12301(a)(2)(C)(i)(II), (IV), redesignated cl. (i) as (ii) and made technical amendment to reference in original act which appears in text as reference to subsection (b)(2) of section 3157 of this title. Former cl. (ii) redesignated (iii).
Subsec. (e)(2)(C)(iii) to (v). Pub. L. 115–334, §12301(a)(2)(C)(i)(I), (II), (V), redesignated cls. (ii) to (iv) as (iii) to (v), respectively, and struck out former cl. (v) which read as follows: "each grant awarded under section 3319f(c)(1) of this title; and".
Subsec. (e)(4)(A). Pub. L. 115–334, §12301(a)(2)(C)(ii)(III), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (e)(4)(B). Pub. L. 115–334, §12301(a)(2)(C)(ii)(II), (IV), redesignated subpar. (A) as (B) and made technical amendment to reference in original act which appears in text as reference to subsection (b) of section 3157 of this title. Former subpar. (B) redesignated (C).
Subsec. (e)(4)(C) to (E). Pub. L. 115–334, §12301(a)(2)(C)(ii)(I), (V), (VI), redesignated subpars. (B) to (D) as (C) to (E), respectively, and struck out former subpar. (E) which read as follows: "section 3319f of this title."
2014—Subsec. (a). Pub. L. 113–79, §7513(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "In this section, the term 'competitive programs' includes only competitive programs for which annual appropriations are requested in the annual budget submission of the President."
Subsecs. (e) to (g). Pub. L. 113–79, §7513(2), added subsecs. (e) to (g).
§7621. Repealed. Pub. L. 110–234, title VII, §7406(b)(1), May 22, 2008, 122 Stat. 1251, and Pub. L. 110–246, §4(a), title VII, §7406(b)(1), June 18, 2008, 122 Stat. 1664, 2013
Section, Pub. L. 105–185, title IV, §401, June 23, 1998, 112 Stat. 564; Pub. L. 105–277, div. A, §101(a) [title VII, §753(c)(2)], Oct. 21, 1998, 112 Stat. 2681, 2681-33; Pub. L. 107–171, title VII, §7205(a), May 13, 2002, 116 Stat. 439; Pub. L. 109–171, title I, §1501, Feb. 8, 2006, 120 Stat. 7, related to the Initiative for Future Agriculture and Food Systems.
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, 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.
Repeal of this section inapplicable to any solicitation for grant applications issued by the Cooperative State Research, Education, and Extension Service before June 18, 2008, see section 7406(c) of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 3157 of this title.
§7622. Repealed. Pub. L. 110–234, title VII, §7302, May 22, 2008, 122 Stat. 1242, and Pub. L. 110–246, §4(a), title VII, §7302, June 18, 2008, 122 Stat. 1664, 2003
Section, Pub. L. 105–185, title IV, §402, June 23, 1998, 112 Stat. 566; Pub. L. 107–171, title VII, §7123, May 13, 2002, 116 Stat. 434, related to partnerships for high-value agricultural product quality research.
Section, Pub. L. 105–185, title IV, §403, June 23, 1998, 112 Stat. 567; Pub. L. 107–171, title VII, §§7129, 7207(a), May 13, 2002, 116 Stat. 435, 440, related to precision agriculture.
§7624. Biobased products
(a) "Biobased product" defined
In this section, the term "biobased product" means a product suitable for food or nonfood use that is derived in whole or in part from renewable agricultural and forestry materials.
(b) Coordination of biobased product activities
The Secretary of Agriculture shall—
(1) coordinate the research, technical expertise, economic information, and market information resources and activities of the Department to develop, commercialize, and promote the use of biobased products;
(2) solicit input from private sector persons who produce, or are interested in producing, biobased products;
(3) provide a centralized contact point for advice and technical assistance for promising and innovative biobased products; and
(4) submit an annual report to Congress describing the coordinated research, marketing, and commercialization activities of the Department relating to biobased products.
(c) Cooperative agreements for biobased products
(1) Agreements authorized
The Secretary may enter into cooperative agreements with private entities described in subsection (d), under which the facilities and technical expertise of the Agricultural Research Service and the Forest Service may be made available to operate pilot plants and other large-scale preparation facilities for the purpose of bringing technologies necessary for the development and commercialization of new biobased products to the point of practical application.
(2) Description of cooperative activities
Cooperative activities may include—
(A) research on potential environmental impacts of a biobased product;
(B) methods to reduce the cost of manufacturing a biobased product; and
(C) other appropriate research.
(3) Authority of Secretary
To carry out a cooperative agreement with a private entity under paragraph (1), the Secretary may rent to the private entity equipment, the title of which is held by the Federal Government.
(d) Eligible partners
The following entities shall be eligible to enter into a cooperative agreement under subsection (c):
(1) A party that has entered into a cooperative research and development agreement with the Secretary under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(2) A recipient of funding from the Biotechnology Research and Development Corporation.
(3) A recipient of funding from the Secretary under a Small Business Innovation Research Program established under section 638 of title 15.
(e) Pilot project
The Secretary, acting through the Agricultural Research Service, may establish and carry out a pilot project under which grants are provided, on a competitive basis, to scientists of the Agricultural Research Service to—
(1) encourage innovative and collaborative science; and
(2) during each of fiscal years 1999 through 2012, develop biobased products with promising commercial potential.
(f) Source of funds
Except as provided in paragraph (2), to carry out this section, the Secretary may use—
(A) funds appropriated to carry out this section; and
(B) funds otherwise available for cooperative research and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(2) Exception
The Secretary may not use funds referred to in paragraph (1)(B) to carry out subsection (e).
(g) Sale of developed products
For the purpose of determining the market potential for new biobased products produced at a pilot plant or other large-scale preparation facility under a cooperative agreement under this section, the Secretary shall authorize the private partner or partners to the agreement to sell the products.
(h) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2012.
(Pub. L. 105–185, title IV, §404, June 23, 1998, 112 Stat. 570; Pub. L. 107–171, title VI, §6201(d)(4), title VII, §7124, May 13, 2002, 116 Stat. 419, 434; Pub. L. 110–234, title VII, §7304, May 22, 2008, 122 Stat. 1242; Pub. L. 110–246, §4(a), title VII, §7304, June 18, 2008, 122 Stat. 1664, 2003; Pub. L. 111–88, div. A, title IV, §431, Oct. 30, 2009, 123 Stat. 2964.)
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f)(1)(B), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
2009—Subsec. (c)(1). Pub. L. 111–88, §431(1), substituted "Agricultural Research Service and the Forest Service" for "Agricultural Research Service".
Subsec. (c)(3). Pub. L. 111–88, §431(2), added par. (3).
2008—Subsec. (e)(2). Pub. L. 110–246, §7304(a), substituted "2012" for "2007".
Subsec. (h). Pub. L. 110–246, §7304(b), substituted "2012" for "2007".
2002—Subsec. (d)(2) to (4). Pub. L. 107–171, §6201(d)(4), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "A recipient of funding from the Alternative Agricultural Research and Commercialization Corporation established under section 5902 of this title."
Subsec. (e)(2). Pub. L. 107–171, §7124(a), substituted "2007" for "2001".
§7625. National Food Safety Training, Education, Extension, Outreach, and Technical Assistance Program
The Secretary shall award grants under this section to carry out the competitive grant program established under section 399c(d) 1 of title 21, pursuant to any memoranda of understanding entered into under such section.
(b) Integrated approach
The grant program described under subsection (a) shall be carried out under this section in a manner that facilitates the integration of food safety standards and guidance with the variety of agricultural production systems, encompassing conventional, sustainable, organic, and conservation and environmental practices.
(c) Priority
In awarding grants under this section, the Secretary shall give priority to projects that target small and medium-sized farms, beginning farmers, socially disadvantaged farmers, veteran farmers or ranchers (as defined in section 2279(a) of this title), small processors, or small fresh fruit and vegetable merchant wholesalers.
(d) Program coordination
The Secretary shall coordinate implementation of the grant program under this section with the National Integrated Food Safety Initiative.
(2) Interaction
The Secretary shall—
(A) in carrying out the grant program under this section, take into consideration applied research, education, and extension results obtained from the National Integrated Food Safety Initiative; and
(B) in determining the applied research agenda for the National Integrated Food Safety Initiative, take into consideration the needs articulated by participants in projects funded by the program under this section.
(e) Grants
In carrying out this section, the Secretary shall make competitive grants to support training, education, extension, outreach, and technical assistance projects that will help improve public health by increasing the understanding and adoption of established food safety standards, guidance, and protocols.
(2) Encouraged features
The Secretary shall encourage projects carried out using grant funds under this section to include co-management of food safety, conservation systems, and ecological health.
(3) Term of grant
A grant under this section shall have a term that is not more than 3 years.
(f) Grant eligibility
To be eligible for a grant under this section, an entity shall be—
(A) a State cooperative extension service;
(B) a Federal, State, local, or tribal agency, a nonprofit community-based or non-governmental organization, or an organization representing owners and operators of farms, small food processors, or small fruit and vegetable merchant wholesalers that has a commitment to public health and expertise in administering programs that contribute to food safety;
(C) an institution of higher education (as defined in section 1001(a) of title 20) or a foundation maintained by an institution of higher education;
(D) a collaboration of 2 of more eligible entities described in this subsection; or
(E) such other appropriate entity, as determined by the Secretary.
(2) Multistate partnerships
Grants under this section may be made for projects involving more than 1 State.
(g) Regional balance
In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure—
(1) geographic diversity; and
(2) diversity of types of agricultural production.
(h) Technical assistance
The Secretary may use funds made available under this section to provide technical assistance to grant recipients to further the purposes of this section.
(i) Best practices and model programs
Based on evaluations of, and responses arising from, projects funded under this section, the Secretary may issue a set of recommended best practices and models for food safety training programs for agricultural producers, small food processors, and small fresh fruit and vegetable merchant wholesalers.
(j) Authorization of appropriations
For the purposes of making grants under this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2023.
(Pub. L. 105–185, title IV, §405, as added Pub. L. 111–353, title II, §209(b), Jan. 4, 2011, 124 Stat. 3947; amended Pub. L. 115–334, title VII, §7301, title XII, §12306(e), Dec. 20, 2018, 132 Stat. 4815, 4970.)
Section 399c(d) of title 21, referred to in subsec. (a), was in the original "section 1011(d) of the Federal Food, Drug, and Cosmetic Act" and was translated as meaning section 1011(d) of the Act as added by Pub. L. 111–353, title II, §209(a), Jan. 4, 2011, 124 Stat. 3945, to reflect the probable intent of Congress. Section 399c of title 21 was renumbered section 1012 of the Federal Food, Drug, and Cosmetic Act by Pub. L. 114–255, div. A, title III, §3073(b)(2), Dec. 13, 2016, 130 Stat. 1137. Another section 1011 of the Federal Food, Drug, and Cosmetic Act as added by Pub. L. 111–148, title III, §3509(g), Mar. 23, 2010, 124 Stat. 536 is classified to section 399b of Title 21, Food and Drugs, but does not contain a subsec. (d).
A prior section 7625, Pub. L. 105–185, title IV, §405, June 23, 1998, 112 Stat. 572; Pub. L. 107–171, title VII, §§7130, 7207(b), May 13, 2002, 116 Stat. 435, 440, related to the Thomas Jefferson Initiative for Crop Diversification, prior to repeal by Pub. L. 110–234, title VII, §7305, May 22, 2008, 122 Stat. 1242, and Pub. L. 110–246, §4(a), title VII, §7305, June 18, 2008, 122 Stat. 1664, 2003. Repeal of prior section 7625 and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008.
2018—Subsec. (c). Pub. L. 115–334, §12306(e), inserted "veteran farmers or ranchers (as defined in section 2279(a) of this title)," after "socially disadvantaged farmers,".
Subsec. (e)(3). Pub. L. 115–334, §7301(a), amended par. (3) generally. Prior to amendment, par. (3) related to maximum term and size of grant.
Subsec. (j). Pub. L. 115–334, §7301(b), substituted "there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2023." for "there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015."
Nothing in this section to be construed to apply to certain alcohol-related facilities, to alter jurisdiction and authorities established under certain other Acts, or in a manner inconsistent with international agreements to which the United States is a party, see sections 2206, 2251, and 2252 of Title 21, Food and Drugs.
§7626. Integrated research, education, and extension competitive grants program
(a) Purpose
It is the purpose of this section to authorize the Secretary of Agriculture to establish an integrated research, education, and extension competitive grant program to provide funding for integrated, multifunctional agricultural research, extension, and education activities.
(b) Competitive grants authorized
Subject to the availability of appropriations to carry out this section, the Secretary may award grants to colleges and universities (as defined in section 3103 of this title), 1994 Institutions, and Hispanic-serving agricultural colleges and universities on a competitive basis for integrated agricultural research, education, and extension projects in accordance with this section.
(c) Criteria for grants
Grants under this section shall be awarded to address priorities in United States agriculture, determined by the Secretary in consultation with the Advisory Board, that involve integrated research, extension, and education activities.
(d) Matching funds requirement
Subject to paragraph (3), with respect to a grant under this section that provides a particular benefit to a specific agricultural commodity, the recipient of the grant shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
(2) In-kind support
Non-Federal matching funds described in paragraph (1) may include in-kind support.
(3) Waiver
The Secretary may waive the matching funds requirement under paragraph (1) with respect to a grant if the Secretary determines that—
(A) the results of the grant are of a particular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or
(B)(i) the grant—
(I) involves a minor commodity; and
(II) deals with scientifically important research; and
(ii) the recipient is unable to satisfy the matching funds requirement.
(e) Term of grant
A grant under this section shall have a term of not more than 5 years.
(f) Authorization of appropriations
(Pub. L. 105–185, title IV, §406, June 23, 1998, 112 Stat. 573; Pub. L. 107–171, title VII, §§7125, 7206, May 13, 2002, 116 Stat. 434, 439; Pub. L. 110–234, title VII, §§7129(c)(4), 7306, May 22, 2008, 122 Stat. 1227, 1242; Pub. L. 110–246, §4(a), title VII, §§7129(c)(4), 7306, June 18, 2008, 122 Stat. 1664, 1988, 2004; Pub. L. 113–79, title VII, §§7128(b)(3)(A), 7302, Feb. 7, 2014, 128 Stat. 879, 887; Pub. L. 115–334, title VII, §§7302, 7614(b)(3)(A), Dec. 20, 2018, 132 Stat. 4815, 4835.)
2018—Subsec. (d). Pub. L. 115–334, §7614(b)(3)(A)(ii), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 115–334, §7614(b)(3)(A)(i), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Pub. L. 115–334, §7302, substituted "2023" for "2018".
Subsec. (f). Pub. L. 115–334, §7614(b)(3)(A)(i), redesignated subsec. (e) as (f).
2014—Subsec. (d). Pub. L. 113–79, §7128(b)(3)(A), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to matching funds requirement.
Subsec. (e). Pub. L. 113–79, §7302, substituted "2018" for "2012".
Pub. L. 113–79, §7128(b)(3)(A)(ii), redesignated subsec. (f) as (e).
Subsec. (f). Pub. L. 113–79, §7128(b)(3)(A)(ii), redesignated subsec. (f) as (e).
2008—Subsec. (b). Pub. L. 110–246, §7129(c)(4), substituted ", 1994 Institutions, and Hispanic-serving agricultural colleges and universities" for "and 1994 Institutions".
Subsec. (f). Pub. L. 110–246, §7306, substituted "2012" for "2007".
2002—Subsec. (b). Pub. L. 107–171, §7206, inserted "and 1994 Institutions" before "on a competitive basis".
Subsec. (e). Pub. L. 107–171, §7125(1), (2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 107–171, §7125(1), (3), redesignated subsec. (e) as (f) and substituted "2007" for "2002".
Amendment by section 7614(b)(3)(A) 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.
§7627. Coordinated program of research, extension, and education to improve viability of small and medium size dairy, livestock, and poultry operations
(a) Program authorized
The Secretary of Agriculture may carry out a coordinated program of research, extension, and education to improve the competitiveness, viability, and sustainability of small and medium size dairy, livestock, and poultry operations (referred to in this section as "operations").
(b) Components
To the extent the Secretary elects to carry out the program, the Secretary shall conduct—
(1) research, development, and on-farm extension and education concerning low-cost production facilities and practices, management systems, and genetics that are appropriate for the operations;
(2) in the case of dairy and livestock operations, research and extension on management-intensive grazing systems for dairy and livestock production to realize the potential for reduced capital and feed costs through greater use of management skills, labor availability optimization, and the natural benefits of grazing pastures;
(3) research and extension on integrated crop and livestock or poultry systems that increase efficiencies (including improved use of energy inputs), reduce costs, and prevent environmental pollution to strengthen the competitive position of the operations;
(4) economic analyses and market feasibility studies to identify new and expanded opportunities for producers on the operations that provide tools and strategies to meet consumer demand in domestic and international markets, such as cooperative marketing and value-added strategies for milk, meat, and poultry production and processing; and
(5) technology assessment that compares the technological resources of large specialized producers with the technological needs of producers on the operations to identify and transfer existing technology across all sizes and scales and to identify the specific research and education needs of the producers.
(c) Administration
The Secretary may use the funds, facilities, and technical expertise of the Agricultural Research Service and the National Institute of Food and Agriculture and other funds available to the Secretary (other than funds of the Commodity Credit Corporation) to carry out this section.
(Pub. L. 105–185, title IV, §407, June 23, 1998, 112 Stat. 573; Pub. L. 107–171, title VII, §7207(c), May 13, 2002, 116 Stat. 440; Pub. L. 110–234, title VII, §7511(c)(31), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, §4(a), title VII, §7511(c)(31), June 18, 2008, 122 Stat. 1664, 2032.)
2008—Subsec. (c). Pub. L. 110–246, §7511(c)(31), substituted "National Institute of Food and Agriculture" for "Cooperative State Research, Education, and Extension Service".
2002—Subsec. (b)(3). Pub. L. 107–171 inserted "(including improved use of energy inputs)" after "poultry systems that increase efficiencies".
§7628. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica
(a) Research grants authorized
The Secretary of Agriculture may make grants to consortia of land-grant colleges and universities to enhance the ability of the consortia to carry out multi-State research projects aimed at understanding and combating diseases of wheat, triticale, and barley caused by Fusarium graminearum and related fungi (referred to in this section as "wheat scab") or by Tilletia indica and related fungi (referred to in this section as "Karnal bunt").
(b) Research components
Funds provided under this section shall be available for the following collaborative, multi-State research activities:
(1) Identification and understanding of the epidemiology of wheat scab or of Karnal bunt, and the toxicological properties of vomitoxin, a toxic metabolite commonly occurring in wheat, triticale, and barley infected with wheat scab.
(2) Development of crop management strategies to reduce the risk of wheat scab or Karnal bunt occurrence.
(3) Development of—
(A) efficient and accurate methods to monitor wheat, triticale, and barley for the presence of Karnal bunt or of wheat scab and resulting vomitoxin contamination;
(B) post-harvest management techniques for wheat, triticale, and barley infected with wheat scab or with Karnal bunt; and
(C) milling and food processing techniques to render wheat scab contaminated grain safe.
(4) Strengthening and expansion of plant-breeding activities to enhance the resistance of wheat, triticale, and barley to wheat scab and to Karnal bunt, including the establishment of a regional advanced breeding material evaluation nursery and a germplasm introduction and evaluation system.
(5) Development and deployment of alternative fungicide application systems and formulations to control wheat scab and Karnal bunt and consideration of other chemical control strategies to assist farmers until new more resistant wheat, triticale, and barley varieties are available.
(c) Communications networks
Funds provided under this section shall be available for efforts to concentrate, integrate, and disseminate research, extension, and outreach-orientated information regarding wheat scab or Karnal bunt.
(d) Management
To oversee the use of a grant made under this section, the Secretary may establish a committee composed of the directors of the agricultural experiment stations in the States in which land-grant colleges and universities that are members of the consortium are located.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) such sums as may be necessary for each of fiscal years 1999 through 2013;
(2) $10,000,000 for each of fiscal years 2014 through 2018; and
(3) $15,000,000 for each of fiscal years 2019 through 2023.
(f) Limitation on indirect costs
A recipient of a grant under this section may not use more than 10 percent of the funds provided by the grant for the indirect costs of carrying out the initiatives described in subsection (a).
(Pub. L. 105–185, title IV, §408, June 23, 1998, 112 Stat. 574; Pub. L. 107–171, title VII, §§7131, 7207(d)(1)–(4)(A), May 13, 2002, 116 Stat. 435, 440, 441; Pub. L. 110–234, title VII, §7307, May 22, 2008, 122 Stat. 1242; Pub. L. 110–246, §4(a), title VII, §7307, June 18, 2008, 122 Stat. 1664, 2004; Pub. L. 113–79, title VII, §7303, Feb. 7, 2014, 128 Stat. 888; Pub. L. 115–334, title VII, §7303, Dec. 20, 2018, 132 Stat. 4815.)
2018—Subsec. (e)(3). Pub. L. 115–334, §7303(1), added par. (3).
Subsec. (f). Pub. L. 115–334, §7303(2), added subsec. (f).
2014—Subsec. (e). Pub. L. 113–79 amended subsec. (e) generally. Prior to amendment, text read as follows: "There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 1999 through 2012."
2008—Subsec. (a). Pub. L. 110–246, §7307(1), substituted "grants" for "grant" in heading.
Subsec. (e). Pub. L. 110–246, §7307(2), substituted "2012" for "2007".
2002—Pub. L. 107–171, §7207(d)(4)(A), substituted ", triticale, and barley caused by Fusarium graminearum or by Tilletia indica" for "and barley caused by Fusarium graminearum" in section catchline.
Subsec. (a). Pub. L. 107–171, §7207(d)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The Secretary of Agriculture may make a grant to a consortium of land-grant colleges and universities to enhance the ability of the consortium to carry out a multi-State research project aimed at understanding and combating diseases of wheat and barley caused by Fusarium graminearum and related fungi (referred to in this section as 'wheat scab')."
Subsec. (b)(1). Pub. L. 107–171, §7207(d)(2)(A), (B), inserted "or of Karnal bunt," after "epidemiology of wheat scab" and ", triticale," after "occurring in wheat".
Subsec. (b)(2). Pub. L. 107–171, §7207(d)(2)(C), inserted "or Karnal bunt" after "wheat scab".
Subsec. (b)(3)(A). Pub. L. 107–171, §7207(d)(2)(D), substituted ", triticale, and barley for the presence of Karnal bunt or of" for "and barley for the presence of".
Subsec. (b)(3)(B). Pub. L. 107–171, §7207(d)(2)(E), substituted ", triticale, and barley infected with wheat scab or with Karnal bunt" for "and barley infected with wheat scab".
Subsec. (b)(3)(C). Pub. L. 107–171, §7207(d)(2)(F), inserted "wheat scab" after "to render".
Subsec. (b)(4). Pub. L. 107–171, §7207(d)(2)(G), substituted ", triticale, and barley to wheat scab and to Karnal bunt" for "and barley to wheat scab".
Subsec. (b)(5). Pub. L. 107–171, §7207(d)(2)(H), inserted "and Karnal bunt" after "wheat scab" and ", triticale," after "resistant wheat".
Subsec. (c). Pub. L. 107–171, §7207(d)(3), inserted "or Karnal bunt" after "wheat scab".
Subsec. (e). Pub. L. 107–171, §7131, substituted "such sums as may be necessary" for "$5,200,000" and "2007" for "2002".
§7629. Repealed. Pub. L. 113–79, title VII, §7304, Feb. 7, 2014, 128 Stat. 888
Section, Pub. L. 105–185, title IV, §409, as added Pub. L. 107–171, title VII, §7207(e), May 13, 2002, 116 Stat. 441; amended Pub. L. 110–234, title VII, §7308, May 22, 2008, 122 Stat. 1243; Pub. L. 110–246, §4(a), title VII, §7308, June 18, 2008, 122 Stat. 1664, 2004, related to bovine Johne's disease control program.
§7630. Grants for youth organizations
The Secretary, acting through the Director of the National Institute of Food and Agriculture, shall make grants to the Girl Scouts of the United States of America, the Boy Scouts of America, the National 4–H Council, and the National FFA Organization to establish pilot projects to expand the programs carried out by the organizations in rural areas and small towns (including, with respect to the National 4–H Council, activities provided for in Public Law 107–19 (115 Stat. 153)).
(b) Flexibility
The Secretary shall provide maximum flexibility in content delivery to each organization receiving funds under this section so as to ensure that the unique goals of each organization, as well as the local community needs, are fully met.
(c) Redistribution of funding within organizations authorized
Recipients of funds under this section may redistribute all or part of the funds received to individual councils or local chapters within the councils without further need of approval from the Secretary.
(d) Authorization of appropriations
(1) such sums as are necessary for each of fiscal years 2008 through 2013; and
(2) $3,000,000 for each of fiscal years 2014 through 2023.
(Pub. L. 105–185, title IV, §410, as added Pub. L. 107–171, title VII, §7412, May 13, 2002, 116 Stat. 462; amended Pub. L. 110–234, title VII, §§7309, 7511(c)(32), May 22, 2008, 122 Stat. 1243, 1270; Pub. L. 110–246, §4(a), title VII, §§7309, 7511(c)(32), June 18, 2008, 122 Stat. 1664, 2004, 2032; Pub. L. 113–79, title VII, §7305, Feb. 7, 2014, 128 Stat. 888; Pub. L. 115–334, title VII, §7304, Dec. 20, 2018, 132 Stat. 4815.)
Pub. L. 107–19, referred to in subsec. (a), is Pub. L. 107–19, July 10, 2001, 115 Stat. 153, which is not classified to the Code.
2018—Subsec. (d)(2). Pub. L. 115–334 substituted "2023" for "2018".
2014—Subsec. (d). Pub. L. 113–79 substituted "section—" for "section such sums as are necessary for each of fiscal years 2008 through 2012." and added pars. (1) and (2).
2008—Subsec. (a). Pub. L. 110–246, §7511(c)(32), substituted "Director of the National Institute of Food and Agriculture" for "Administrator of the Cooperative State Research, Education, and Extension Service".
Subsecs. (b) to (d). Pub. L. 110–246, §7309, added subsecs. (b) to (d) and struck out former subsecs. (b) and (c) which related to availability of funds of the Commodity Credit Corporation for fiscal year 2002 and authorization of appropriations for fiscal years 2003 through 2007.
Secretary means the Secretary of Agriculture, see section 7401(1) of Pub. L. 107–171, set out as a note under section 3319b of this title.
§7631. Agricultural biotechnology research and development for developing countries
(a) Eligible entity
In this section, the term "eligible entity" means—
(A) an institution of higher education that offers a curriculum in agriculture or the biosciences;
(B) a nonprofit organization; or
(C) a consortium of for-profit institutions and agricultural research institutions.
(b) Grant program
The Secretary (acting through the Foreign Agricultural Service) shall establish and administer a program to make competitive grants to eligible entities to develop agricultural biotechnology for developing countries.
(2) Use of funds
Funds provided to an eligible entity under this section may be used for projects that use biotechnology to—
(A) enhance the nutritional content of agricultural products that can be grown in developing countries;
(B) increase the yield and safety of agricultural products that can be grown in developing countries;
(C) increase the yield of agricultural products that are drought- and stress-resistant and that can be grown in developing countries;
(D) extend the growing range of crops that can be grown in developing countries;
(E) enhance the shelf-life of fruits and vegetables grown in developing countries;
(F) develop environmentally sustainable agricultural products that can be grown in developing countries; and
(G) develop vaccines to immunize against life-threatening illnesses and other medications that can be administered by consuming genetically-engineered agricultural products.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2002 through 2012.
(Pub. L. 105–185, title IV, §411, as added Pub. L. 107–171, title VII, §7505, May 13, 2002, 116 Stat. 466; amended Pub. L. 110–234, title VII, §7310, May 22, 2008, 122 Stat. 1243; Pub. L. 110–246, §4(a), title VII, §7310, June 18, 2008, 122 Stat. 1664, 2004.)
2008—Subsec. (c). Pub. L. 110–246, §7310, substituted "2012" for "2007".
§7632. Specialty crop research initiative
(1) Citrus disease subcommittee
The term "citrus disease subcommittee" means the subcommittee established under section 3123a(a)(2) of this title.
(2) Initiative
The term "Initiative" means the specialty crop research and extension initiative established by subsection (b).
(3) Specialty crop
The term "specialty crop" has the meaning given that term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465).
(4) Specialty crops committee
The term "specialty crops committee" means the committee established under section 3123a of this title.
(b) Establishment
There is established within the Department a specialty crop research and extension initiative to address the critical needs of the specialty crop industry by developing and disseminating science-based tools to address needs of specific crops and their regions, including—
(1) research in plant breeding, genetics, genomics, and other methods to improve crop characteristics, such as—
(A) product, taste, quality, and appearance;
(B) size-controlling rootstock systems for perennial crops;
(C) environmental responses and tolerances;
(D) nutrient management, including plant nutrient uptake efficiency;
(E) pest and disease management, including resistance to pests and diseases resulting in reduced application management strategies; and
(F) enhanced phytonutrient content;
(2) efforts to identify and address threats from pests and diseases, including—
(A) threats to specialty crop pollinators;
(B) emerging and invasive species; and
(C) a more effective understanding and utilization of existing natural enemy complexes;
(3) efforts—
(A) to improve production efficiency, handling and processing, productivity, and profitability over the long term (including specialty crop policy and marketing); and
(B) to achieve a better understanding of—
(i) the soil rhizosphere microbiome;
(ii) pesticide application systems and certified drift-reduction technologies; and
(iii) systems to improve and extend the storage life of specialty crops;
(4) new innovations and technology, including—
(A) mechanization and automation of labor-intensive tasks in production and processing;
(B) technologies that delay or inhibit ripening;
(C) decision support systems driven by phenology and environmental factors;
(D) improved monitoring systems for agricultural pests; and
(E) effective systems for preharvest and postharvest management of quarantine pests; and
(5) methods to prevent, detect, monitor, control, and respond to potential food safety hazards in the production and processing of specialty crops, including fresh produce.
(c) Eligible entities
The Secretary may carry out this section through—
(1) Federal agencies;
(2) national laboratories;
(3) colleges and universities;
(4) research institutions and organizations;
(5) private organizations or corporations;
(6) State agricultural experiment stations;
(7) individuals; or
(8) groups consisting of 2 or more entities described in paragraphs (1) through (7).
(d) Review of proposals
In carrying out this section, the Secretary shall award competitive grants on the basis of—
(1) a scientific peer review conducted by a panel of subject matter experts from Federal agencies, non-Federal entities, and the specialty crop industry; and
(2) a review and ranking for merit, relevance, and impact conducted by a panel of specialty crop industry representatives for the specific specialty crop.
(e) Consultation
Each fiscal year, before conducting the scientific peer review described in paragraph (1) of subsection (d) and the merit and relevancy review described in paragraph (2) of such subsection, the Secretary shall consult with the specialty crops committee regarding such reviews. The committee shall provide the Secretary—
(1) in the first fiscal year in which that consultation occurs, any recommendations for conducting such reviews in such fiscal year; and
(2) in any subsequent fiscal year in which such consultation occurs—
(A) an assessment of the procedures and objectives used by the Secretary for such reviews in the previous fiscal year;
(B) any recommendations for such reviews for the current fiscal year; and
(C) any comments on grants awarded under subsection (d) during the previous fiscal year.
(f) 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—
(1) the results of the consultations with the specialty crops committee (and subcommittees thereof) conducted under subsection (e) of this section and subsection (g) of section 3123a of this title;
(2) the specialty crops committee's (and subcommittees thereof) recommendations, if any, provided to the Secretary during such consultations; and
(3) the specialty crops committee's (and subcommittees thereof) review of the grants awarded under subsection (d) and (j), as applicable, in the previous fiscal year.
(g) Administration
With respect to grants awarded under this section, the Secretary shall seek and accept proposals for grants.
(2) Term
The term of a grant under this section may not exceed 10 years.
(3) Matching requirement
An entity receiving a grant under this section shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
(B) In-kind support
Non-Federal matching funds described in subparagraph (A) may include in-kind support.
(4) Other conditions
The Secretary may set such other conditions on the award of a grant under the Initiative as the Secretary determines to be appropriate.
(h) Priorities
In making grants under the Initiative, the Secretary shall provide a higher priority to projects that—
(1) are multistate, multi-institutional, or multidisciplinary; and
(2) include explicit mechanisms to communicate results to producers and the public.
(i) Buildings and facilities
Funds made available under this section 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).
(j) Emergency citrus disease research and extension program
(1) Establishment and purpose
The Secretary shall establish a competitive research and extension grant program to combat diseases of citrus under which the Secretary awards competitive grants to eligible entities—
(A) to conduct scientific research and extension activities, technical assistance, and development activities to combat citrus diseases and pests, both domestic and invasive, which pose imminent harm to the United States citrus production and threaten the future viability of the citrus industry, including huanglongbing and the Asian Citrus Psyllid; and
(B) to provide support for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research and extension activities funded through—
(i) the emergency citrus disease research and extension program; or
(ii) other research and extension projects intended to solve problems caused by citrus production diseases and invasive pests.
(2) Priority
In awarding grants under this subsection, the Secretary shall give priority to grants that address the research and extension priorities established pursuant to subsection (g)(4) of section 3123a of this title.
(3) Coordination
When developing the proposed research and extension agenda and budget under subsection (g)(2) of section 3123a of this title for the funds made available under this subsection for a fiscal year, the citrus disease subcommittee shall—
(A) seek input from Federal and State agencies and other entities involved in citrus disease response; and
(B) take into account other public and private citrus-related research and extension projects and the funding for such projects.
(4) Nonduplication
The Secretary shall ensure that funds made available to carry out the emergency citrus disease research and extension activities under this subsection shall be in addition to and not supplant funds made available to carry out other citrus disease activities carried out by the Department of Agriculture in consultation with State agencies.
(5) Authorization of appropriations
In addition to the amounts reserved under subsection (k)(1)(C), there are authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 2014 through 2018.
(6) Definitions
In this subsection:
(A) Citrus
The term "citrus" means edible fruit of the family Rutaceae, including any hybrid of such fruits and products of such hybrids that are produced for commercial purposes in the United States.
(B) Citrus producer
The term "citrus producer" means any person that is engaged in the domestic production and commercial sale of citrus in the United States.
(C) Emergency citrus disease research and extension program
The term "emergency citrus disease research and extension program" means the emergency citrus research and extension grant program established under this subsection.
(k) Funding
(1) Mandatory funding
(A) Fiscal years 2008 through 2012
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $30,000,000 for fiscal year 2008 and $50,000,000 for each of fiscal years 2009 through 2012, from which activities under each of paragraphs (1) through (5) of subsection (b) shall be allocated not less than 10 percent.
(B) Subsequent funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $80,000,000 for fiscal year 2014 and each fiscal year thereafter.
(C) Reservation
For each of fiscal years 2014 through 2018, the Secretary shall reserve not less than $25,000,000 of the funds made available under subparagraph (B) to carry out the program established under subsection (j).
(D) Availability of funds
Funds reserved under subparagraph (C) shall remain available and reserved for the purpose described in such subparagraph until expended.
(2) Authorization of appropriations for fiscal years 2014 through 2023
In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2023.
(3) Fiscal year 2013
There is authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2013.
(4) Transfer
Of the funds made available to the Secretary under paragraph (1) for fiscal year 2008 and authorized for use for payment of administrative expenses under section 3315(a)(3) of this title, the Secretary shall transfer, upon the date of enactment of this section, $200,000 to the Office of Prevention, Pesticides, and Toxic Substances of the Environmental Protection Agency for use in conducting a meta-analysis relating to methyl bromide.
(5) Availability
Funds made available pursuant to this subsection for a fiscal year shall remain available until expended to pay for obligations incurred in that fiscal year.
(Pub. L. 105–185, title IV, §412, as added Pub. L. 110–234, title VII, §7311(a), May 22, 2008, 122 Stat. 1243, and Pub. L. 110–246, §4(a), title VII, §7311(a), June 18, 2008, 122 Stat. 1664, 2004; amended Pub. L. 112–240, title VII, §701(e)(2), Jan. 2, 2013, 126 Stat. 2364; Pub. L. 113–79, title VII, §§7128(b)(3)(B), 7306, Feb. 7, 2014, 128 Stat. 879, 888; Pub. L. 115–334, title VII, §§7305, 7614(b)(3)(B), Dec. 20, 2018, 132 Stat. 4815, 4836.)
The date of enactment of this section, referred to in subsec. (k)(4), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
2018—Subsec. (b)(1)(B) to (F). Pub. L. 115–334, §7305(a)(1), added subpar. (B) and redesignated former subpars. (B) to (E) as (C) to (F), respectively.
Subsec. (b)(2). Pub. L. 115–334, §7305(a)(2), substituted "including—" and subpars. (A) to (C) for "including threats to specialty crop pollinators;".
Subsec. (b)(3). Pub. L. 115–334, §7305(a)(3), substituted "efforts—" for "efforts", inserted subpar. (A) designation before "to improve", and added subpar. (B).
Subsec. (b)(4). Pub. L. 115–334, §7305(a)(4), substituted "including—" and subpars. (A) to (E) for "including improved mechanization and technologies that delay or inhibit ripening; and".
Subsec. (g)(3), (4). Pub. L. 115–334, §7614(b)(3)(B), added par. (3) and redesignated former par. (3) as (4).
Subsec. (k)(2). Pub. L. 115–334, §7305(b), substituted "2023" for "2018" in heading and text.
2014—Subsec. (a). Pub. L. 113–79, §7306(1), added pars. (1) and (4) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Subsec. (b)(1). Pub. L. 113–79, §7306(2)(A), substituted "genomics, and other methods" for "and genomics" in introductory provisions.
Subsec. (b)(3). Pub. L. 113–79, §7306(2)(B), inserted "handling and processing," after "production efficiency,".
Subsec. (c). Pub. L. 113–79, §7306(3), substituted "this section" for "the Initiative" in introductory provisions.
Subsec. (d). Pub. L. 113–79, §7306(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "In carrying out this section, the Secretary shall award grants on a competitive basis."
Subsec. (e). Pub. L. 113–79, §7306(6), added subsec. (e). Former subsec. (e) redesignated (g).
Subsec. (e)(3), (4). Pub. L. 113–79, §7128(b)(3)(B), redesignated par. (4) as (3) and struck out former par. (3). Prior to amendment, text read as follows: "The Secretary shall require the recipient of a grant under this section to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount provided by the Federal Government."
Subsec. (f). Pub. L. 113–79, §7306(6), added subsec. (f). Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 113–79, §7306(5), redesignated subsec. (e) as (g). Former subsec. (g) redesignated (i).
Subsec. (g)(1). Pub. L. 113–79, §7306(7)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "With respect to grants awarded under subsection (d), 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; and
"(C) award grants on the basis of merit, quality, and relevance."
Subsec. (g)(3). Pub. L. 113–79, §7306(7)(B), substituted "the Initiative" for "this section".
Subsec. (h). Pub. L. 113–79, §7306(8), substituted "the Initiative" for "this section" in introductory provisions.
Pub. L. 113–79, §7306(5), redesignated subsec. (f) as (h). Former subsec. (h) redesignated (k).
Subsec. (i). Pub. L. 113–79, §7306(5), redesignated subsec. (g) as (i).
Subsec. (j). Pub. L. 113–79, §7306(10), added subsec. (j).
Subsec. (k). Pub. L. 113–79, §7306(5), redesignated subsec. (h) as (k).
Subsec. (k)(1). Pub. L. 113–79, §7306(9)(A), struck out "for fiscal years 2008 through 2012" after "funding" in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpars. (B) to (D).
Subsec. (k)(2). Pub. L. 113–79, §7306(9)(B), substituted "2014 through 2018" for "2008 through 2012" in heading and text.
2013—Subsec. (h)(1). Pub. L. 112–240, §701(e)(2)(A), substituted "Mandatory funding for fiscal years 2008 through 2012" for "In general" in heading.
Subsec. (h)(2). Pub. L. 112–240, §701(e)(2)(B), inserted "for fiscal years 2008 through 2012" after "appropriations" in heading.
Subsec. (h)(3) to (5). Pub. L. 112–240, §701(e)(2)(C), (D), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Amendment by section 7614(b)(3)(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.
Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
Mechanization and Automation for Specialty Crops
Pub. L. 115–334, title VII, §7610, Dec. 20, 2018, 132 Stat. 4830, provided that:
"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall conduct a review of the programs of the Department of Agriculture that affect the production or processing of specialty crops.
"(b) Requirements.—The review under subsection (a) shall identify—
"(1) programs that currently are, or previously have been, effectively used to accelerate the development and use of automation or mechanization in the production or processing of specialty crops; and
"(2) programs that may be more effectively used to accelerate the development and use of automation or mechanization in the production or processing of specialty crops.
"(c) Strategy.—With respect to programs identified under subsection (b), the Secretary shall develop and implement a strategy to accelerate the development and use of automation and mechanization in the production or processing of specialty crops."
Emergency Citrus Disease Research and Development Trust Fund
Pub. L. 115–334, title XII, §12605, Dec. 20, 2018, 132 Stat. 5006, provided that:
"(a) Definition of Citrus.—In this section, the term 'citrus' means edible fruit of the family Rutaceae, including any hybrid of that fruit and any product of that hybrid that is produced for commercial purposes in the United States.
"(b) Establishment of Trust Fund.—There is established in the Treasury of the United States a trust fund, to be known as the Emergency Citrus Disease Research and Development Trust Fund (referred to in this section as the 'Citrus Trust Fund'), consisting of such amounts as shall be transferred to the Citrus Trust Fund pursuant to subsection (d).
"(c) Use of Fund.—From amounts in the Citrus Trust Fund, the Secretary shall, beginning in fiscal year 2019, carry out the Emergency Citrus Disease Research and Extension Program in section 412(j) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(j)).
"(d) Funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Citrus Trust Fund $25,000,000 for each of fiscal years 2019 through 2023, to remain available until expended."
Coordination of Projects and Activities
Pub. L. 110–234, title VII, §7311(b), May 22, 2008, 122 Stat. 1245, and Pub. L. 110–246, §4(a), title VII, §7311(b), June 18, 2008, 122 Stat. 1664, 2006, provided that: "In carrying out the amendment made by this section [enacting this section], the Secretary [of Agriculture] shall ensure that the Division Chief of the applicable Research, Education, and Extension Office established under section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) coordinates projects and activities under this section to ensure, to the maximum extent practicable, that unnecessary duplication of effort is eliminated or minimized."
[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.]
§7633. Food and agriculture service learning program
Subject to the availability of appropriations under subsection (e), the Secretary, acting through the Director of the National Institute of Food and Agriculture, and working in consultation with other appropriate Federal agencies that oversee national service programs, shall administer a competitively awarded food and agriculture service learning grant program (referred to in this section as the "Program") to increase knowledge of agriculture and improve the nutritional health of children.
(b) Purposes
The purposes of the Program are—
(1) to increase capacity for food, garden, and nutrition education within host organizations or entities and school cafeterias and in the classroom;
(2) to complement and build on the efforts of the farm to school programs implemented under section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g));
(3) to complement efforts by the Department and school food authorities to implement the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 1773 of title 42;
(4) to carry out activities that advance the nutritional health of children and nutrition education in elementary schools and secondary schools (as those terms are defined in section 7801 of title 20); and
(5) to foster higher levels of community engagement and support the expansion of national service and volunteer opportunities.
(c) Grants
In carrying out the Program, the Director of the National Institute of Food and Agriculture shall make competitive grants to eligible entities that carry out the purposes described in paragraphs (1) through (5) of subsection (b).
(2) Priorities
In making grants under this section, the Secretary may consider projects that are carried out by entities that—
(A) have a proven track record in carrying out the purposes described in subsection (b);
(B) work in underserved rural and urban communities;
(C) teach and engage children in experiential learning about agriculture, gardening, nutrition, cooking, and where food comes from; and
(D) facilitate a connection between elementary schools and secondary schools and agricultural producers in the local and regional area.
(d) Accountability
The Secretary may require a partner organization or other qualified entity to collect and report any data on the activities carried out under the Program, as determined by the Secretary.
(2) Evaluation
(A) conduct regular evaluations of the activities carried out under the Program; and
(B) 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 the results of each evaluation conducted under subparagraph (A).
(e) Funding
There is authorized to be appropriated to carry out the Program $25,000,000, to remain available until expended.
(2) 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 a competitive grant under this section.
(3) Maintenance of effort
Funds made available under paragraph (1) shall be used only to supplement, not to supplant, the amount of Federal funding otherwise expended for nutrition, research, and extension programs of the Department.
(Pub. L. 105–185, title IV, §413, as added Pub. L. 113–79, title IV, §4209, Feb. 7, 2014, 128 Stat. 829; amended Pub. L. 114–95, title IX, §9215(g), Dec. 10, 2015, 129 Stat. 2166.)
The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 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 1751 of Title 42 and Tables.
2015—Subsec. (b)(4). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
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.
§7641. Patent Culture Collection fees
(1) Retention
All funds collected by the Agricultural Research Service of the Department of Agriculture in connection with the acceptance of microorganisms for deposit in, or the distribution of microorganisms from, the Patent Culture Collection maintained and operated by the Agricultural Research Service shall be credited to the appropriation supporting the maintenance and operation of the Patent Culture Collection.
(2) Use
The collected funds shall be available to the Agricultural Research Service, without further appropriation or fiscal-year limitation, to carry out its responsibilities under law (including international treaties) with respect to the Patent Culture Collection.
(Pub. L. 105–185, title VI, §601(c), June 23, 1998, 112 Stat. 585.)
§7642. Food Animal Residue Avoidance Database program
(a) Continuation of program
The Secretary of Agriculture shall continue operation of the Food Animal Residue Avoidance Database program (referred to in this section as the "FARAD program") through contracts, grants, or cooperative agreements with appropriate colleges or universities.
(b) Activities
In carrying out the FARAD program, the Secretary shall—
(1) provide livestock producers, extension specialists, scientists, and veterinarians with information to prevent drug, pesticide, and environmental contaminant residues in food animal products;
(2) maintain up-to-date information concerning—
(A) withdrawal times on FDA-approved food animal drugs and appropriate withdrawal intervals for drugs used in food animals in the United States, as established under section 360b(a) of title 21;
(B) official tolerances for drugs and pesticides in tissues, eggs, and milk;
(C) descriptions and sensitivities of rapid screening tests for detecting residues in tissues, eggs, and milk; and
(D) data on the distribution and fate of chemicals in food animals;
(3) publish periodically a compilation of food animal drugs approved by the Food and Drug Administration;
(4) make information on food animal drugs available to the public through handbooks and other literature, computer software, a telephone hotline, and the Internet;
(5) furnish producer quality-assurance programs with up-to-date data on approved drugs;
(6) maintain a comprehensive and up-to-date, residue avoidance database;
(7) provide professional advice for determining the withdrawal times necessary for food safety in the use of drugs in food animals; and
(8) engage in other activities designed to promote food safety.
(c) Contract, grants, and cooperative agreements
The Secretary shall offer to enter into a contract, grant, or cooperative agreement with 1 or more appropriate colleges and universities to operate the FARAD program. The term of the contract, grant, or cooperative agreement shall be 3 years, with options to extend the term of the contract triennially.
(d) Indirect costs
Federal funds provided by the Secretary under a contract, grant, or cooperative agreement under this section shall be subject to reduction for indirect costs of the recipient of the funds in an amount not to exceed 19 percent of the total Federal funds provided under the contract, grant, or cooperative agreement.
In addition to any other funds available to carry out subsection (c), there is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2008 through 2023.
(Pub. L. 105–185, title VI, §604, June 23, 1998, 112 Stat. 586; Pub. L. 110–234, title VII, §7312, May 22, 2008, 122 Stat. 1245; Pub. L. 110–246, §4(a), title VII, §7312, June 18, 2008, 122 Stat. 1664, 2006; Pub. L. 113–79, title VII, §7307, Feb. 7, 2014, 128 Stat. 891; Pub. L. 115–334, title VII, §7306, Dec. 20, 2018, 132 Stat. 4816.)
2018—Subsec. (e). Pub. L. 115–334 substituted "2023" for "2018".
2014—Subsec. (e). Pub. L. 113–79 substituted "2018" for "2012".
2008—Subsec. (e). Pub. L. 110–246, §7312, added subsec. (e).
§7643. Distribution of farmers' bulletins
In the distribution of farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths shall be delivered to or sent out under the addressed franks furnished by Senators, Representatives, and Delegates in Congress, as such Senators, Representatives, or Delegates shall direct: Provided, That the Secretary of Agriculture shall notify Senators, Representatives, and Delegates in Congress of the title and character of each such bulletin, with the total number to which each Senator, Representative, and Delegate may be entitled for such distribution; and on the face of the envelope inclosing said bulletins shall be printed the title of each bulletin contained therein.
(June 30, 1906, ch. 3913, 34 Stat. 690.)
Section was formerly classified to section 417 of this title prior to editorial reclassification and renumbering as this section.
Section was enacted as part of act June 30, 1906, ch. 3913, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.
Section is derived from an Appropriation Act for the Department of Agriculture, 1907. The last proviso of section relating to farmers' bulletins not called for in quotas of Senators and Representatives was omitted from the Code as obsolete in view of Attorney General's opinion, 27 Op. Atty. Gen. 288.
§7651. Nutrient composition data
The Secretary of Agriculture shall update, on a periodic basis, nutrient composition data.
(b) Report
Not later than 180 days after June 23, 1998, 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—
(1) the method the Secretary will use to update nutrient composition data, including the quality assurance criteria that will be used and the method for generating the data; and
(2) the timing for updating the data.
(Pub. L. 105–185, title VI, §611, June 23, 1998, 112 Stat. 605.)
§7652. Role of Secretary regarding food and agricultural sciences research and extension
The Secretary of Agriculture shall be the principal official in the executive branch responsible for coordinating all Federal research and extension activities related to food and agricultural sciences.
§7653. Office of Pest Management Policy
The purpose of this section is to establish an Office of Pest Management Policy to provide for the effective coordination of agricultural policies and activities within the Department of Agriculture related to pesticides and of the development and use of pest management tools, while taking into account the effects of regulatory actions of other government agencies.
(b) Establishment of Office; principal responsibilities
The Secretary of Agriculture shall establish in the Department an Office of Pest Management Policy, which shall be responsible for—
(1) the development and coordination of Department policy on pest management and pesticides;
(2) the coordination of activities and services of the Department, including research, extension, and education activities, regarding the development, availability, and use of economically and environmentally sound pest management tools and practices;
(3) assisting other agencies of the Department in fulfilling their responsibilities related to pest management or pesticides under the Food Quality Protection Act of 1996 (Public Law 104–170; 110 Stat. 1489), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and other applicable laws; and
(4) performing such other functions as may be required by law or prescribed by the Secretary.
(c) Interagency coordination
In support of its responsibilities under subsection (b), the Office of Pest Management Policy shall provide leadership to ensure coordination of interagency activities with the Environmental Protection Agency, the Food and Drug Administration, and other Federal and State agencies.
(d) Outreach
The Office of Pest Management Policy shall consult with agricultural producers that may be affected by pest management or pesticide-related activities or actions of the Department or other agencies as necessary in carrying out the Office's responsibilities under this section.
(e) Director
The Office of Pest Management Policy shall be under the direction of a Director appointed by the Secretary, who shall report directly to the Secretary or a designee of the Secretary.
(Pub. L. 105–185, title VI, §614, June 23, 1998, 112 Stat. 605; Pub. L. 107–171, title VII, §7132, May 13, 2002, 116 Stat. 435; Pub. L. 110–234, title VII, §7313, May 22, 2008, 122 Stat. 1245; Pub. L. 110–246, §4(a), title VII, §7313, June 18, 2008, 122 Stat. 1664, 2006; Pub. L. 113–79, title VII, §7309, Feb. 7, 2014, 128 Stat. 891; Pub. L. 115–334, title VII, §7307, Dec. 20, 2018, 132 Stat. 4816.)
The Food Quality Protection Act of 1996, referred to in subsec. (b)(3), is Pub. L. 104–170, Aug. 3, 1996, 110 Stat. 1489. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 136 of this title and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (b)(3), 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 Food, Drug, and Cosmetic Act, referred to in subsec. (b)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
2018—Subsec. (f)(2). Pub. L. 115–334 substituted "2023" for "2018".
2014—Subsec. (f). Pub. L. 113–79 struck out "such sums as are necessary" after "appropriated", substituted "section—" for "section for each of fiscal years 1999 through 2012.", and added pars. (1) and (2).
2008—Subsec. (f). Pub. L. 110–246, §7313, substituted "2012" for "2007".
2002—Subsec. (f). Pub. L. 107–171 substituted "2007" for "2002".
§7654. Food Safety Research Information Office
The Secretary of Agriculture shall establish a Food Safety Research Information Office at the National Agricultural Library.
(b) Purpose
The Office shall provide to the research community and the general public information on publicly funded, and to the maximum extent practicable, privately funded food safety research initiatives for the purpose of—
(1) preventing unintended duplication of food safety research; and
(2) assisting the executive and legislative branches of the Federal Government and private research entities to assess food safety research needs and priorities.
(c) Cooperation
The Office shall carry out this section in cooperation with the National Institutes of Health, the Food and Drug Administration, the Centers for Disease Control and Prevention, public institutions, and, on a voluntary basis, private research entities.
(Pub. L. 105–185, title VI, §615, June 23, 1998, 112 Stat. 606; Pub. L. 107–171, title VII, §7301(a), (b)(1), May 13, 2002, 116 Stat. 454.)
2002—Pub. L. 107–171 struck out "and national conference" after "Information Office" in section catchline, struck out subsec. (a) designation and heading, redesignated pars. (1) to (3) of former subsec. (a) as subsecs. (a) to (c), respectively, and subpars. (A) and (B) of former par. (2) as pars. (1) and (2) of subsec. (b), respectively, realigned margins, substituted "this section" for "this subsection" in subsec. (c), and struck out former subsecs. (b) and (c) which related to national conference and annual workshops and food safety report, respectively.
§7655. Safe food handling education
The Secretary of Agriculture shall continue to develop a national program of safe food handling education for adults and young people to reduce the risk of food-borne illness. The national program shall be suitable for adoption and implementation through State cooperative extension services and school-based education programs.
§7655a. Food safety education initiatives
(a) Initiative authorized
The Secretary may carry out a food safety education program to educate the public and persons in the fresh produce industry about—
(1) scientifically proven practices for reducing microbial pathogens on fresh produce; and
(2) methods of reducing the threat of cross-contamination of fresh produce through sanitary handling practices.
(b) Cooperation
The Secretary may carry out the education program in cooperation with public and private partners.
There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2008 through 2023, to remain available until expended.
(Pub. L. 110–234, title X, §10105, May 22, 2008, 122 Stat. 1336; Pub. L. 110–246, §4(a), title X, §10105, June 18, 2008, 122 Stat. 1664, 2098; Pub. L. 113–79, title X, §10006, Feb. 7, 2014, 128 Stat. 947; Pub. L. 115–334, title X, §10106, Dec. 20, 2018, 132 Stat. 4905.)
2018—Subsec. (c). Pub. L. 115–334 substituted "2023" for "2018".
2014—Subsec. (c). Pub. L. 113–79 substituted "2018" for "2012".
§7655b. Forestry products advanced utilization research
The Secretary shall establish a forestry and forestry products research and extension initiative to develop and disseminate science-based tools that address the needs of the forestry sector and their respective regions, forest and timberland owners and managers, and forestry products engineering, manufacturing, and related interests.
The initiative described in subsection (a) shall include the following activities:
(1) Research conducted for purposes of—
(A) wood quality improvement with respect to lumber strength and grade yield;
(B) the development of novel engineered lumber products and renewable energy from wood; and
(C) enhancing the longevity, sustainability, and profitability of timberland through sound management and utilization.
(2) Demonstration activities and technology transfer to demonstrate the beneficial characteristics of wood as a green building material, including investments in life cycle assessment for wood products.
(3) Projects designed to improve—
(A) forestry products, lumber, and evaluation standards and valuation techniques;
(B) lumber quality and value-based, on-forest management techniques; and
(C) forestry products conversion and manufacturing efficiency, productivity, and profitability over the long term (including forestry product marketing).
The Secretary shall make competitive grants to carry out the activities described in subsection (b).
In making grants under this section, the Secretary shall give higher priority to activities that are carried out by entities that—
(A) are multistate, multiinstitutional, or multidisciplinary;
(B) have explicit mechanisms to communicate results to producers, forestry industry stakeholders, policymakers, and the public; and
(C) have—
(i) extensive history and demonstrated experience in forestry and forestry products research;
(ii) existing capacity in forestry products research and dissemination; and
(iii) a demonstrated means of evaluating and responding to the needs of the related commercial sector.
In making grants under this section, the Secretary shall follow the requirements of paragraphs (4), (7), (8), and (11)(B) of subsection (b) of section 3157 of this title.
The term of a grant made under this section may not exceed 10 years.
(d) Coordination
The Secretary shall ensure that any activities carried out under this section are carried out in coordination with the Forest Service, including the Forest Products Laboratory, and other appropriate agencies of the Department.
(e) Report
The Secretary shall submit an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate describing, for the period covered by the report—
(1) the research that has been conducted under paragraph (2) of subsection (b);
(2) the number of buildings the Forest Service has built with wood as the primary structural material; and
(3) the investments made by the Forest Service in green building and wood promotion.
There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2023.
(2) Matching funds
To the extent practicable, the Secretary shall match any funds made available under paragraph (1) with funds made available under section 1646 of title 16.
(Pub. L. 105–185, title VI, §617, as added Pub. L. 113–79, title VII, §7310, Feb. 7, 2014, 128 Stat. 892; amended Pub. L. 115–334, title VII, §7308, Dec. 20, 2018, 132 Stat. 4816.)
A prior section 617 of Pub. L. 105–185, title VI, June 23, 1998, 112 Stat. 607, which was not classified to the Code, was repealed by Pub. L. 107–171, title VII, §7302, May 13, 2002, 116 Stat. 455.
§7655c. Clarification of research and development program for wood building construction
The Secretary shall conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States.
In carrying out subsection (a), the Secretary shall—
(1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research and development, education, and technical assistance at the Forest Products Laboratory or through the State and Private Forestry deputy area that meets measurable performance goals for the achievement of the priorities described in subsection (c); and
(2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive grants to institutions of higher education to conduct research and development, education, and technical assistance that meets measurable performance goals for the achievement of the priorities described in subsection (c).
(c) Priorities
The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
(1) ways to improve the commercialization of innovative wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the lifecycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction;
(4) analyzing methods to reduce the lifecycle environmental footprint of tall wood building construction;
(5) analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
(6) 1 or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry.
(d) Timeframe
To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a) shall be achievable within a 5-year timeframe.
(Pub. L. 115–334, title VIII, §8642, Dec. 20, 2018, 132 Stat. 4871.)
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.
"Secretary" as meaning the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a Definition of "Secretary" note under section 9001 of this title.
Pub. L. 115–334, title VIII, §8641, Dec. 20, 2018, 132 Stat. 4871, provided that: "In this part [part III (§§8641–8644) of subtitle F of title VIII of Pub. L. 115–334, enacting this section and section 7655d of this title and amending section 8113 of this title]:
"(1) Innovative wood product.—The term 'innovative wood product' means a type of building component or system that uses large panelized wood construction, including mass timber.
"(2) Mass timber.—The term 'mass timber' includes—
"(A) cross-laminated timber;
"(B) nail laminated timber;
"(C) glue laminated timber;
"(D) laminated strand lumber; and
"(E) laminated veneer lumber.
"(3) Secretary.—The term 'Secretary' means the Secretary [of Agriculture], acting through the Research and Development deputy area and the State and Private Forestry deputy area of the Forest Service.
"(4) Tall wood building.—The term 'tall wood building' means a building designed to be—
"(A) constructed with mass timber; and
"(B) more than 85 feet in height."
§7655d. Wood innovation grant program
(1) Eligible entity
The term "eligible entity" means—
(A) an individual;
(B) a public or private entity (including a center of excellence that consists of 1 or more partnerships between forestry, engineering, architecture, or business schools at 1 or more institutions of higher education); or
(C) a State, local, or Tribal government.
The term "Secretary" means the Secretary, acting through the Chief of the Forest Service.
The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled "Request for Proposals: 2016 Wood Innovations Funding Opportunity" (80 Fed. Reg. 63498 (October 20, 2015)), may make a wood innovation grant to 1 or more eligible entities each year for the purpose of advancing the use of innovative wood products.
(2) Proposals
To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
(c) Incentivizing use of existing milling capacity
In selecting among proposals of eligible entities under subsection (b)(2), the Secretary shall give priority to proposals that include the use or retrofitting (or both) of existing sawmill facilities located in counties in which the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent in the previous calendar year.
(d) Matching requirement
As a condition of receiving a grant under subsection (b), an eligible entity shall provide funds equal to the amount received by the eligible entity under the grant, to be derived from non-Federal sources.
For definition of "innovative wood product", see section 8641 of Pub. L. 115–334, set out as a note under section 7655c of this title.
§7656. Designation of Crisis Management Team within Department
(a) Designation of Crisis Management Team
The Secretary of Agriculture shall designate a Crisis Management Team within the Department of Agriculture, which shall be—
(1) composed of senior departmental personnel with strong subject matter expertise selected from each relevant agency of the Department; and
(2) headed by a team leader with management and communications skills.
(b) Duties of Crisis Management Team
The Crisis Management Team shall be responsible for the following:
(1) Developing a Department-wide crisis management plan, taking into account similar plans developed by other government agencies and other large organizations, and developing written procedures for the implementation of the crisis management plan.
(2) Conducting periodic reviews and revisions of the crisis management plan and procedures developed under paragraph (1).
(3) Ensuring compliance with crisis management procedures by personnel of the Department and ensuring that appropriate Department personnel are familiar with the crisis management plan and procedures and are encouraged to bring information regarding crises or potential crises to the attention of members of the Crisis Management Team.
(4) Coordinating the Department's information gathering and dissemination activities concerning issues managed by the Crisis Management Team.
(5) Ensuring that Department spokespersons convey accurate, timely, and scientifically sound information regarding crises or potential crises that can be easily understood by the general public.
(6) Cooperating with, and coordinating among, other Federal agencies, States, local governments, industry, and public interest groups, Department activities regarding a crisis.
(c) Role in prioritizing certain research
The Crisis Management Team shall cooperate with the Advisory Board in the prioritization of agricultural research conducted or funded by the Department regarding animal health, natural disasters, food safety, and other agricultural issues.
(d) Cooperative agreements
The Secretary shall seek to enter into cooperative agreements with other Federal departments and agencies that have related programs or activities to help ensure consistent, accurate, and coordinated dissemination of information throughout the executive branch in the event of a crisis, such as, in the case of a threat to human health from food-borne pathogens, developing a rapid and coordinated response among the Department, the Centers for Disease Control, and the Food and Drug Administration.
§7657. Senior Scientific Research Service
There is established in the Department of Agriculture the Senior Scientific Research Service (referred to in this section as the "Service").
(b) Members
Subject to paragraphs (2) through (4), the Secretary shall appoint the members of the Service.
(2) Qualifications
To be eligible for appointment to the Service, an individual shall—
(A) have conducted outstanding research in the field of agriculture or forestry;
(B) have earned a doctoral level degree at an institution of higher education (as defined in section 1001 of title 20); and
(C) meet qualification standards prescribed by the Director of the Office of Personnel Management for appointment to a position at level GS–15 of the General Schedule.
(3) Number
Not more than 100 individuals may serve as members of the Service at any 1 time.
(4) Other requirements
Subject to subparagraph (B) and subsection (d)(2), the Secretary may appoint and employ a member of the Service without regard to—
(i) the provisions of title 5 governing appointments in the competitive service;
(ii) the provisions of subchapter I of chapter 35 of title 5 relating to retention preference;
(iii) the provisions of chapter 43 of title 5 relating to performance appraisal and performance actions;
(iv) the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates; and
(v) the provisions of chapter 75 of title 5 relating to adverse actions.
(B) Exception
A member of the Service appointed and employed by the Secretary under subparagraph (A) shall have the same right of appeal to the Merit Systems Protection Board and the same right to file a complaint with the Office of Special Counsel as an employee appointed to a position at level GS–15 of the General Schedule.
(c) Performance appraisal system
The Secretary shall develop a performance appraisal system for members of the Service that is designed to—
(1) provide for the systematic appraisal of the employment performance of the members; and
(2) encourage excellence in employment performance by the members.
(d) Compensation
Subject to paragraph (2), the Secretary shall determine the compensation of members of the Service.
(2) Limitations
The rate of pay for a member of the Service shall—
(A) not be less than the minimum rate payable for a position at level GS–15 of the General Schedule; and
(B) not be more than the rate payable for a position at level I of the Executive Schedule, unless the rate is approved by the President under section 5377(d)(2) of title 5.
(e) Retirement contributions
On the request of a member of the Service who was an employee of an institution of higher education (as defined in section 1001 of title 20) immediately prior to appointment as a member of the Service and who retains the right to continue to make contributions to the retirement system of the institution, the Secretary may contribute an amount not to exceed 10 percent of the basic pay of the member to the retirement system of the institution on behalf of the member.
(2) Federal retirement system
Subject to subparagraph (B), a member for whom a contribution is made under paragraph (1) shall not, as a result of serving as a member of the Service, be covered by, or earn service credit under, chapter 83 or 84 of title 5.
(B) Annual leave
Service of a member of the Service described in subparagraph (A) shall be creditable for determining years of service under section 6303(a) of title 5.
(f) Involuntary separation
Subject to paragraph (2) and notwithstanding the provisions of title 5 governing appointment in the competitive service, in the case of an individual who is separated from the Service involuntarily and without cause—
(A) the Secretary may appoint the individual to a position in the competitive civil service at level GS–15 of the General Schedule; and
(B) the appointment shall be a career appointment.
(2) Excepted civil service
In the case of an individual described in paragraph (1) who immediately prior to appointment as a member of the Service was not a career appointee in the civil service or the Senior Executive Service, the appointment of the individual under paragraph (1)—
(A) shall be to the excepted civil service; and
(B) may not exceed a period of 2 years.
(Pub. L. 105–185, title VI, §620, as added Pub. L. 107–171, title VII, §7219, May 13, 2002, 116 Stat. 449.)
The General Schedule, referred to in subsecs. (b)(2)(C), (4)(A)(iv), (B), (d)(2)(A), and (f)(1)(A), is set out under section 5332 of Title 5, Government Organization and Employees.
Level I of the Executive Schedule, referred to in subsec. (d)(2)(B), is set out in section 5312 of Title 5, Government Organization and Employees.
§§7671, 7672. Repealed. Pub. L. 113–79, title VII, §7311, Feb. 7, 2014, 128 Stat. 893
Section 7671, Pub. L. 105–185, title VI, §631, June 23, 1998, 112 Stat. 608, related to evaluation and assessment of agricultural research, extension, and education programs.
Section 7672, Pub. L. 105–185, title VI, §632, June 23, 1998, 112 Stat. 608, related to study of federally funded agricultural research, extension, and education.