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Title 7 — Agriculture

Chapter 64 — Agricultural Research, Extension, and Teaching

§ 3222. Agricultural research at 1890 land-grant colleges, including Tuskegee University

Statutory text

(a)

Authorization of appropriations

(1)

In general

There are hereby authorized to be appropriated annually such sums as Congress may determine necessary to support continuing agricultural research at colleges eligible to receive funds under the Act of (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (hereinafter referred to in this section as “eligible institutions”).

(2)

Minimum amount

Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 30 percent of the total appropriations for the fiscal year under section 361c of this title.

(3)

Uses

Funds appropriated under this section shall be used for expenses of conducting agricultural research, printing, disseminating the results of such research, contributing to the retirement of employees subject to the provisions of section 331 of this title, administrative planning and direction, and purchase and rental of land and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research.

(4)

Coordination

The eligible institutions are authorized to plan and conduct agricultural research in cooperation with each other and such agencies, institutions, and individuals as may contribute to the solution of agricultural problems, and moneys appropriated pursuant to this section shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research.

(5)

Carryover

(A)

In general

The balance of any annual funds provided to an eligible institution for a fiscal year under this section that remains unexpended at the end of the fiscal year may be carried over for use during the following fiscal year.

(B)

Failure to expend full amount

(i)

In general

If any unexpended balance carried over by an eligible institution is not expended by the end of the second fiscal year, an amount equal to the unexpended balance shall be deducted from the next succeeding annual allotment to the eligible institution.

(ii)

Redistribution

Federal funds that are deducted under clause (i) for a fiscal year shall be redistributed by the Secretary in accordance with the formula set forth in subsection (b)(2)(B) to those eligible institutions for which no deduction under clause (i) has been taken for that fiscal year.

(b)

Distribution of funds

(1)

In general

Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.

(2)

Administration

3 percent shall be available to the Secretary for administration of this section. These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for the purpose of assessing research opportunities or research planning.

(3)

Distributions

(A)

In general

After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph.

(B)

Base amount

Funds up to the total amount made available to all eligible institutions in the fiscal year ending , under section 3157 of this title, shall be allocated among the eligible institutions in the same proportion as funds made available under section 3157 of this title, for the fiscal year ending , were allocated among the eligible institutions, as so designated as of that date.

(C)

Additional amount

Except as provided in subparagraph (D), of funds in excess of the amount allocated under subparagraph (A) of this paragraph, 20 per centum shall be allotted among eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated. In computing the distribution of funds allocated under this subparagraph, the allotments to Tuskegee University and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.

(D)

Special amounts

(i)

Definitions

In this subparagraph:

(I)

Covered fiscal year

The term “covered fiscal year” means the fiscal year for which the qualified eligible institution first received an allocation of $3,000,000 under clause (ii)(I).

(II)

Other eligible institution

The term “other eligible institution” means an eligible institution, other than the qualified eligible institution, receiving an allocation of funds under this section.

(III)

Qualified eligible institution

The term “qualified eligible institution” means the eligible institution described in clause (ii)(I).

(ii)

Fiscal year 2019, 2020, 2021, or 2022

(I)

In general

Subject to subclause (II), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the calculation under subparagraph (C) would result in a distribution for a fiscal year of less than $3,000,000 to an eligible institution that first received funds under this section on a date occurring after , and before , that institution shall receive an allocation of $3,000,000 for that fiscal year.

(II)

Limitation

Subclause (I) shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year.

(iii)

Subsequent fiscal years

(I)

Minimum additional funding amounts

Subject to subclauses (II) and (III), for each fiscal year following the covered fiscal year—

(aa)

the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and

(bb)

each other eligible institution shall receive an allocation under this paragraph of at least the amount received by such other eligible institution under this subsection for the covered fiscal year.

(II)

Shortfall of special amounts

(aa)

Applicability

This subclause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this subsection is insufficient to provide for the minimum additional funding amounts described in subclause (I).

(bb)

Reductions in allocations

In the case of a fiscal year to which this subclause applies, reductions in allocations shall be made proportionally from the qualified eligible institution and from each other eligible institution based on the increased amounts (if any) that the qualified eligible institution and each other eligible institution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the covered fiscal year.

(III)

Effect of census

Subclauses (I) and (II) shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in subclause (I) is attributable to the incorporation of new census data into the calculation under paragraph (3)(C), as determined by the Secretary.

(c)

Program and plans of work

(1)

Initial comprehensive program of agricultural research

The director of the State agricultural experiment station in each State where an eligible institution is located and the research director specified in subsection (d) of this section in each of the eligible institutions in such State shall jointly develop, by mutual agreement, a comprehensive program of agricultural research in such State, to be submitted for approval by the Secretary within one year after .

(2)

Plan of work required

Before funds may be provided to an eligible institution under this section for any fiscal year, a plan of work to be carried out under this section shall be submitted by the research director specified in subsection (d) and shall be approved by the Secretary.

(3)

Requirements related to plan of work

Each plan of work required under paragraph (2) shall contain descriptions of the following:

(A)

A summary of planned projects or programs in the State using formula funds.

(B)

A description of matching funds provided by the State with respect to the previous fiscal year.

(4)

Research protocols

(A)

In general

The Secretary shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multidisciplinary research activities and joint research and extension activities in addressing critical agricultural issues identified in the plans of work submitted under paragraph (2).

(B)

Consultation

The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities.

(5)

Treatment of plans of work for other purposes

To the maximum extent practicable, the Secretary shall consider a plan of work submitted under paragraph (2) to satisfy other appropriate Federal reporting requirements.

(d)

Payment of funds to eligible institutions

Sums available for allotment to the eligible institutions under the terms of this section shall be paid to such institutions in equal quarterly payments beginning on or about the first day of October of each year upon vouchers approved by the Secretary. The President of each eligible institution shall appoint a research director who shall be responsible for administration of the program authorized herein. Each eligible institution shall designate a treasurer or other officer who shall receive and account for all funds allotted to such institution under the provisions of this section and shall report, with the approval of the research director, to the Secretary on or before the first day of December of each year a detailed statement of the amount received under the provisions of this section during the preceding fiscal year and its disbursement on schedules prescribed by the Secretary. If any portion of the allotted moneys received by any eligible institution shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be allotted or paid to such institution. Funds made available to eligible institutions shall not be used for payment of negotiated overhead or indirect cost rates.

(e)

Mailing of bulletins, reports, periodicals, reprints, articles, and other publications

Bulletins, reports, periodicals, reprints or articles, and other publications necessary for the dissemination of results of the research and experiments funded under this section, including lists of publications available for distribution by the eligible institutions, shall be transmitted in the mails of the United States. Such publications may be mailed from the principal place of business of each eligible institution or from an established subunit of such institution.

(f)

Administration; rules and regulations; cooperation by and between institutions

The Secretary shall be responsible for the proper administration of this section, and is authorized and directed to prescribe such rules and regulations as may be necessary to carry out its provisions. It shall be the duty of the Secretary to furnish such advice and assistance as will best promote the purposes of this section, including participation in coordination of research initiated under this section by the eligible institutions, from time to time to indicate such lines of inquiry as to the Secretary seem most important, and to encourage and assist in the establishment and maintenance of cooperation by and between the several eligible institutions, the State agricultural experiment stations, and between them and the Department of Agriculture.

(g)

Entitlement

On or before the first day of October in each year after , the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriations under this section and the amount which thereupon each is entitled, respectively, to receive.

(h)

Existing legal relationships not impaired or modified

Nothing in this section shall be construed to impair or modify the legal relationship existing between any of the eligible institutions and the government of the States in which they are respectively located.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Agricultural Research, Extension, and Teaching Policy Act of 1977

    Pub. L. 95–113 title XIV § 1445 · 91 Stat. 913

    Enacted · 7 U.S.C. § 3222

    Pub. L. 95–113, title XIV, § 1445, Sept. 29, 1977, 91 Stat. 1009

    Source evidence

    Code source credit
    Pub. L. 95–113, title XIV, § 1445, Sept. 29, 1977, 91 Stat. 1009

    Enacted provision · exact public law section
    Sec. 1445. agricultural research at 1890 land-grant colleges, including tuskegee institute (a) There are hereby authorized to be appropriated annually Appropriation authorization. 7 USC 3222. such sums as Congress may determine necessary to support continuing agricultural research at colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee Institute (hereinafter referred to in this section as “eligible institutions”). Beginning with the fiscal year ending September 30, 1979, there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 3 of the Act of March 2, 1887 (24 Stat. 441, as amended; 7 U.S.C. 361c): Post, p. 1018. Provided, That the amount appropriated for the fiscal year ending September 30, 1979, shall not be less than the amount made available in the fiscal year ending September 30, 1978, to such eligible institutions under the Act of August 4, 1965 (79 Stat. 431, 7 U.S.C. 450i). Funds appropriated under this section shall be used for expenses of conducting agricultural research, printing, disseminating the results of such research, contributing to the retirement of employees subject to the provisions of the Act of March 4, 1940 (54 Stat. 39–40, as amended; 7 U.S.C. 331), administrative planning and direction, and purchase and rental of land and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research. The eligible institutions are authorized to plan and conduct agricultural research in cooperation with each other and such agencies, institutions, and individuals as may contribute to the solution of agricultural problems, and moneys appropriated pursuant to this section shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. (b) Beginning with the fiscal year ending September 30, 1979, the Funds, apportionment. funds appropriated in each fiscal year under this section shall be distributed as follows: (1) Three per centum shall be available to the Secretary for administration of this section. (2) The remainder shall be allotted among the eligible institutions as follows: (A) $100,000 to each eligible institution. (B) Of the remaining funds, one-half in an amount which bears the same ratio to the total amount to be allotted as the rural population of the State in which the eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census; and one-half in an amount which bears the same ratio to the total amount to be allotted as the farm population of the State in which the eligible institution is located bears to the total farm population of all the States in which eligible institutions are located, as determined by the last preceding decennial census. In computing the distribution under this paragraph, the allotments to Tuskegee Institute and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State. (c) The director of the State agricultural experiment station in each State where an eligible institution is located and the chief administrative officer specified in subsection (d) of this section in each of the eligible institutions in such State shall jointly develop, by mutual agreement, a comprehensive program of agricultural research in such State, to be submitted for approval by the Secretary within one year after the date of enactment of this title. (d) Sums available for allotment to the eligible institutions under the terms of this section shall be paid to such institutions in equal Chief administrative officer, appointment. Treasurer, designation. Report to Secretary of Agriculture. quarterly payments beginning on or about the first day of October of each year upon vouchers approved by the Secretary. The President of each eligible institution shall appoint a chief administrative officer who shall be responsible for administration of the program authorized herein. Each eligible institution shall designate a treasurer or other officer who shall receive and account for all funds allotted to such institution under the provisions of this section and shall report, with the approval of the chief administrative officer, to the Secretary on or before the first day of December of each year a detailed statement of the amount received under the provisions of this section during the preceding fiscal year Lost or misapplied funds. and its disbursement on schedules prescribed by the Secretary. If any portion of the allotted moneys received by any eligible institution shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be allotted or paid to such institution. Funds made available to eligible institutions shall not be used for payment of negotiated overhead or indirect cost rates. (e) Bulletins, reports, periodicals, reprints or articles, and other publications necessary for the dissemination of results of the research and experiments funded under this section, including lists of publications available for distribution by the eligible institutions, shall be transmitted in the mails of the United States under penalty indicia: Provided, That each publication shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe. Such publications may be mailed from the principal place of business of each eligible institution or from an established subunit of such institution. (f) The Secretary shall be responsible for the proper administration of this section, and is authorized and directed to prescribe such rules and regulations as may be necessary to carry out its provisions. It shall be the duty of the Secretary to furnish such advice and assistance as will best promote the purposes of this section, including participation in coordination of research initiated under this section by the eligible institutions, from time to time to indicate such lines of inquiry as to the Secretary seem most important, and to encourage and assist in the establishment and maintenance of cooperation by and between the several eligible institutions, the State agricultural experiment stations, and between them and the Department of Agriculture. (g) (1) On or before the first day of October in each year after the enactment of this title, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriations under this section and the amount which thereupon each is entitled, respectively, to receive. (2) Whenever it shall appear to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that any portion of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount shall be deducted from the next succeeding annual allotment to the institution. (3) If the Secretary withholds from any eligible institution any Report to President. portion of the appropriations available for allotment, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus. (4) The Secretary shall make an annual report to Congress during Report to Congress. the first regular session of each year of the receipts and expenditures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any institution has been withheld and if so the reasons therefor. (h) Nothing in this section shall be construed to impair or modify the legal relationship existing between any of the eligible institutions and the government of the States in which they are respectively located.

  2. Pub. L. 95–547 · 92 Stat. 2063

    1. Amended · 7 U.S.C. § 3222(b)

      Pub. L. 95–547 amended subsec. (b) generally

    2. Substituted · 7 U.S.C. § 3222(b)

      Pub. L. 95–547 substituting in par. (A) provisions relating to allocation of funds among eligible institutions in same proportion as funds made available under former section 450i of this title (now section 3157 of this title), for fiscal year ending Sept. 30, 1978, are allocated among eligible institutions for provisions relating to allocation of $100,000 to each eligible institution

    3. Substituted · 7 U.S.C. § 3222(b)

      Pub. L. 95–547 substituting in par. (B) provisions relating to allocation among eligible institutions of 20 per centum of the excess funds in equal proportions, 40 per centum in proportion that the rural population of the State in which each eligible institution is located bears to total rural population of all States in which such institutions are located, and balance in proportion that farm population of State in which each eligible institution is located bears to total farm population of all States in which such institutions are located for provisions relating to allocation among eligible institutions of one-half of remaining funds in an amount which bore same ratio to total amount to be allocated as rural population of State in which eligible institution was located bore to total rural population of all States in which such institutions were located, and one-half in an amount which bore same ratio to total amount to be allocated as farm population of State in which eligible institution was located bore to total farm population of all States in which such institutions were located

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–547 amended subsec. (b) generally, substituting in par. (A) provisions relating to allocation of funds among eligible institutions in same proportion as funds made available under former section 450i of this title (now section 3157 of this title), for fiscal year ending Sept. 30, 1978, are allocated among eligible institutions for provisions relating to allocation of $100,000 to each eligible institution, and substituting in par. (B) provisions relating to allocation among eligible institutions of 20 per centum of the excess funds in equal proportions, 40 per centum in proportion that the rural population of the State in which each eligible institution is located bears to total rural population of all States in which such institutions are located, and balance in proportion that farm population of State in which each eligible institution is located bears to total farm population of all States in which such institutions are located for provisions relating to allocation among eligible institutions of one-half of remaining funds in an amount which bore same ratio to total amount to be allocated as rural population of State in which eligible institution was located bore to total rural population of all States in which such institutions were located, and one-half in an amount which bore same ratio to total amount to be allocated as farm population of State in which eligible institution was located bore to total farm population of all States in which such institutions were located.

  3. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981

    Pub. L. 97–98 § 1432(a)(1) · 95 Stat. 1213

    Inserted · 7 U.S.C. § 3222(b)(1)

    Pub. L. 97–98, § 1432(a)(1), inserted provision authorizing use of administrative funds for transportation of scientists to research meetings convened for purpose of assessing research opportunities or research planning

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 97–98, § 1432(a)(1), inserted provision authorizing use of administrative funds for transportation of scientists to research meetings convened for purpose of assessing research opportunities or research planning.

    Enacted provision · exact public law section
    (1) adding at the end of subsection (b)(1) a new sentence as follows: “These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for the purpose of assessing research opportunities or research planning.”;

  4. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981

    Pub. L. 97–98 § 1432(a)(2) · 95 Stat. 1213

    Inserted · 7 U.S.C. § 3222(b)(2)(B)

    Pub. L. 97–98, § 1432(a)(2), inserted “current at the time each such additional sum is first appropriated” after “the last preceding decennial census” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 97–98, § 1432(a)(2), inserted “current at the time each such additional sum is first appropriated” after “the last preceding decennial census” in two places.

    Enacted provision · exact public law section
    (2) inserting “current at the time each such additional sum is first appropriated” in subsection (b)(2)(B) after “the last preceding decennial census” both times it appears; and

  5. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981

    Pub. L. 97–98 § 1432(a)(3) · 95 Stat. 1213

    Substituted · 7 U.S.C. § 3222(c); 7 U.S.C. § 3222(d)

    Pub. L. 97–98, § 1432(a)(3), substituted “research director” for “chief administrative officer” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 97–98, § 1432(a)(3), substituted “research director” for “chief administrative officer” wherever appearing.

    Enacted provision · exact public law section
    (3) striking out “chief administrative officer” each time it appears in subsections (c) and (d) and inserting in lieu thereof “research director”.

  6. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985

    Pub. L. 99–198 § 1417(a) · 99 Stat. 1354

    Changed · 7 U.S.C. § 3222(a)

    Pub. L. 99–198, § 1417(a), provided that not more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–198, § 1417(a), provided that not more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.

    Enacted provision · exact public law section
    (a) Section 1445(a) of the National Agricultural re search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)) is amended by adding at the end thereof the following new sentence: “No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.”.

  7. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985

    Pub. L. 99–198 § 1417(b) · 99 Stat. 1354

    1. Changed · 7 U.S.C. § 3222(g)(2)

      Pub. L. 99–198, § 1417(b), in amending par. (2) generally

    2. Substituted · 7 U.S.C. § 3222(g)(2)

      Pub. L. 99–198, § 1417(b), in substituted “If it appears” for “Whenever it shall appear” before “of the preceding annual appropriation”

    3. Substituted · 7 U.S.C. § 3222(g)(2)

      Pub. L. 99–198, § 1417(b), in substituted “that an amount in excess of 5 percent” for “that any portion” before “of the preceding annual appropriation”

    4. Inserted · 7 U.S.C. § 3222(g)(2)

      Pub. L. 99–198, § 1417(b), in inserted “in excess of 5 percent of the preceding annual appropriation allotted to that institution” before “shall be deducted”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 99–198, § 1417(b), in amending par. (2) generally, substituted “If it appears” for “Whenever it shall appear” before “to the Secretary” and “that an amount in excess of 5 percent” for “that any portion” before “of the preceding annual appropriation” and inserted “in excess of 5 percent of the preceding annual appropriation allotted to that institution” before “shall be deducted”.

    Enacted provision · exact public law section
    (b) Paragraph (2) of section 1445(g) is amended to read as follows: “(2) If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that an amount in excess of 5 percent of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be deducted from the next succeeding annual allotment to the institution.”.

  8. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 226(c)(3)(A) · 112 Stat. 523

    Substituted · 7 U.S.C. § 3222

    Pub. L. 105–185, § 226(c)(3)(A), substituted “University” for “Institute” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–185, § 226(c)(3)(A), substituted “University” for “Institute” in section catchline.

    Enacted provision · exact public law section
    (A) by striking the section heading and “Sec. 1445.” and inserting the following: “SEC. 1445. AGRICULTURAL RESEARCH AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.”;

  9. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 226(c)(3)(B) · 112 Stat. 523

    Substituted · 7 U.S.C. § 3222(a)

    Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute” in first sentence.

    Enacted provision · exact public law section
    (B) in subsections (a) and (b)(2)(B), by striking “Tuskegee Institute” each place it appears and inserting “Tuskegee University”.

  10. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 226(c)(3)(B) · 112 Stat. 523

    Substituted · 7 U.S.C. § 3222(b)(2)(B)

    Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute”.

    Enacted provision · exact public law section
    (B) in subsections (a) and (b)(2)(B), by striking “Tuskegee Institute” each place it appears and inserting “Tuskegee University”.

  11. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 225(b) · 112 Stat. 523

    1. Inserted · 7 U.S.C. § 3222(c)

      Pub. L. 105–185, § 225(b), inserted subsec. heading

    2. Amended · 7 U.S.C. § 3222(c)

      Pub. L. 105–185, § 225(b), designated existing provisions as par. (1)

    3. Inserted · 7 U.S.C. § 3222(c)

      Pub. L. 105–185, § 225(b), inserted par. heading

    4. Added · 7 U.S.C. § 3222(c)

      Pub. L. 105–185, § 225(b), added pars. (2) to (5)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–185, § 225(b), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added pars. (2) to (5).

    Enacted provision · exact public law section
    (b) Agricultural Research At 1890 Institutions.— Section 1445(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(c)) is amended— (1) by striking “(c)” and inserting the following: “(c) Program and Plans of Work.— “(1) Initial comprehensive program of agricultural research.— ”; and 3104 (2) by adding at the end the following: “(2) Plan of work required.— Before funds may be provided to an eligible institution under this section for any fiscal year, a plan of work to be carried out under this section shall be submitted by the research director specified in subsection (d) and shall be approved by the Secretary. “(3) Requirements related to plan of work.— Each plan of work required under paragraph (2) shall contain descriptions of the following: “(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned research programs and projects targeted to address the issues. “(B) The process established to consult with users of agricultural research regarding the identification of critical agricultural issues in the State and the development of research programs and projects targeted to address the issues. “(C) Other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State. “(D) The current and emerging efforts to work with those other institutions to build on each other’s experience and take advantage of each institution’s unique capacities. “(E) The manner in which research and extension, including research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly. “(4) Research protocols.— “(A) In general.— The Secretary shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multidisciplinary research activities and joint research and extension activities in addressing critical agricultural issues identified in the plans of work submitted under paragraph (2). “(B) Consultation.— The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities. “(5) Treatment of plans of work for other purposes.— To the maximum extent practicable, the Secretary shall consider a plan of work submitted under paragraph (2) to satisfy other appropriate Federal reporting requirements.”.

  12. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 226(b) · 112 Stat. 523

    1. Redesignated · 7 U.S.C. § 3222(g)(2)

      Pub. L. 105–185, § 226(b) redesignated par. (4) as (2)

    2. Struck · 7 U.S.C. § 3222(g)(2)

      Pub. L. 105–185, § 226(b) struck out former par. (2) which read as follows: “If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that an amount in excess of 5 percent of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be deducted from the next succeeding annual allotment to the institution.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–185, § 226(b) redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that an amount in excess of 5 percent of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be deducted from the next succeeding annual allotment to the institution.”

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 1445(g) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(g)) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (4) as paragraph (2).

  13. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 103(f)(3)(B) · 112 Stat. 523

    Struck · 7 U.S.C. § 3222(g)(3)

    Pub. L. 105–185, § 103(f)(3)(B), struck out par. (3) which read as follows: “If the Secretary withholds from any eligible institution any portion of the appropriations available for allotment, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 105–185, § 103(f)(3)(B), struck out par. (3) which read as follows: “If the Secretary withholds from any eligible institution any portion of the appropriations available for allotment, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.”

    Enacted provision · exact public law section
    (B) in section 1445(g) (7 U.S.C. 3222(g)), by striking paragraph (3); and

  14. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 226(b)(2) · 112 Stat. 523

    Redesignated · 7 U.S.C. § 3222(g)(4)

    Pub. L. 105–185, § 226(b)(2), redesignated par. (4) as (2)

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 105–185, § 226(b)(2), redesignated par. (4) as (2).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (2).

  15. Federal Reports Elimination Act of 1998

    Pub. L. 105–362 § 101(e)(1) · 112 Stat. 3280

    Struck · 7 U.S.C. § 3222(g)

    Pub. L. 105–362, § 101(e)(1), struck out “(1)” before “On or before”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–362, § 101(e)(1), struck out “(1)” before “On or before”.

    Enacted provision · exact public law section
    (1) by striking “(1)” after “(g)”; and

  16. Federal Reports Elimination Act of 1998

    Pub. L. 105–362 § 101(e)(2) · 112 Stat. 3280

    Struck · 7 U.S.C. § 3222(g)(2)

    Pub. L. 105–362, § 101(e)(2), struck out par. (2) which read as follows: “The Secretary shall make an annual report to Congress during the first regular session of each year of the receipts and expenditures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any institution has been withheld and if so the reasons therefor.”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 105–362, § 101(e)(2), struck out par. (2) which read as follows: “The Secretary shall make an annual report to Congress during the first regular session of each year of the receipts and expenditures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any institution has been withheld and if so the reasons therefor.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2).

  17. Pub. L. 107–171 § 7203(b) · 116 Stat. 134

    1. Inserted · 7 U.S.C. § 3222(a)

      Pub. L. 107–171, § 7203(b), inserted heading

    2. Amended · 7 U.S.C. § 3222(a)

      Pub. L. 107–171, § 7203(b), designated existing provisions as pars. (1) to (5)

    3. Inserted · 7 U.S.C. § 3222(a)

      Pub. L. 107–171, § 7203(b), inserted headings

    4. Substituted · 7 U.S.C. § 3222(a)

      Pub. L. 107–171, § 7203(b), substituted in par. (2) “Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 25 percent of the total appropriations for the fiscal year under section 361c of this title.” for “Beginning with the fiscal year ending September 30, 1979, there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 361c of this title: Provided, That the amount appropriated for the fiscal year ending September 30, 1979, shall not be less than the amount made available in the fiscal year ending September 30, 1978, to such eligible institutions under the Act of August 4, 1965 (79 Stat. 431, [former] 7 U.S.C. 450i).”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–171, § 7203(b), inserted heading, designated existing provisions as pars. (1) to (5), inserted headings, and substituted in par. (2) “Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 25 percent of the total appropriations for the fiscal year under section 361c of this title.” for “Beginning with the fiscal year ending September 30, 1979, there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 361c of this title: Provided, That the amount appropriated for the fiscal year ending September 30, 1979, shall not be less than the amount made available in the fiscal year ending September 30, 1978, to such eligible institutions under the Act of August 4, 1965 (79 Stat. 431, [former] 7 U.S.C. 450i).”

    Enacted provision · exact public law section
    (b) Research.— Section 1445(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)) is amended— (1) by striking “(a) There” and inserting the following: “(a) Authorization of Appropriations.— “(1) In general.— There”; (2) by striking the second sentence and inserting the following: “(2) Minimum amount.— Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 25 percent of the total appropriations for the fiscal year under section 3 of the Hatch Act of 1887 (7 U.S.C. 361c).”; (3) by striking “Funds appropriated” and inserting the following: “(3) Uses.— Funds appropriated”; (4) by striking “The eligible” and inserting the following: “(4) Coordination.— The eligible”; and (5) by striking “No more” and inserting the following: “(5) Carryover.— No more”.

  18. Pub. L. 107–171 § 7204 · 116 Stat. 134

    1. Added · 7 U.S.C. § 3222(a)(5)

      Pub. L. 107–171, § 7204, added par. (5)

    2. Struck · 7 U.S.C. § 3222(a)(5)

      Pub. L. 107–171, § 7204, struck out heading and text of former par. (5). Text read as follows: “No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 107–171, § 7204, added par. (5) and struck out heading and text of former par. (5). Text read as follows: “No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.”

    Enacted provision · exact public law section
    SEC. 7204. CARRYOVER FOR ELIGIBLE INSTITUTIONS. Section 1445(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)) (as amended by section 7203 of this Act) is further amended by striking paragraph (5) and inserting the following: “(5) Carryover.— “(A) In general.— The balance of any annual funds provided to an eligible institution for a fiscal year under this section that remains unexpended at the end of the fiscal year may be carried over for use during the following fiscal year. “(B) Failure to expend full amount.— “(i) In general.— If any unexpended balance carried over by an eligible institution is not expended by the end of the second fiscal year, an amount equal to the unexpended balance shall be deducted from the next succeeding annual allotment to the eligible institution. “(ii) Redistribution.— Federal funds that are deducted under clause (i) for a fiscal year shall be redistributed by the Secretary in accordance with the formula set forth in subsection (b)(2)(B) to those eligible institutions for which no deduction under clause (i) has been taken for that fiscal year.”.

  19. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7122 · 122 Stat. 1651

    Substituted · 7 U.S.C. § 3222(a)(2)

    Pub. L. 110–246, § 7122, substituted “30 percent” for “25 percent”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–246, § 7122, substituted “30 percent” for “25 percent”.

    Enacted provision · exact public law section
    SEC. 7122. AUTHORIZATION LEVEL FOR AGRICULTURAL RESEARCH AT 1890 LAND-GRANT COLLEGES.   Section 1445(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)(2)) is amended by striking “25 percent” and inserting “30 percent”.

    Effective date note
    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.

  20. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7404(b)(2)(A)(ii) · 122 Stat. 1651

    Struck · 7 U.S.C. § 3222(e)

    Pub. L. 110–246, § 7404(b)(2)(A)(ii), struck out “under penalty indicia: Provided, That each publication shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe” after “United States”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–246, § 7404(b)(2)(A)(ii), struck out “under penalty indicia: Provided, That each publication shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe” after “United States”.

    Enacted provision · exact public law section
    (ii) Section 1445(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(e)) is amended by striking “under penalty indicia:” and all that follows through the end of the sentence and inserting a period.

    Effective date note
    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.

  21. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(3) · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 3222(b)

      Pub. L. 115–334, § 7115(b)(3), inserted heading

    2. Struck · 7 U.S.C. § 3222(b)

      Pub. L. 115–334, § 7115(b)(3), struck out introductory provisions which read as follows: “Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fiscal year under this section shall be distributed as follows:”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–334, § 7115(b)(3), inserted heading and struck out introductory provisions which read as follows: “Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fiscal year under this section shall be distributed as follows:”.

    Enacted provision · exact public law section
    (3) in the matter preceding paragraph (2) (as so designated), by striking “(b) Beginning” and all that follows through “follows:” and inserting the following: “(b) Distribution of Funds.— “(1) In general.— Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.” .

  22. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(3) · 132 Stat. 4490

    Redesignated · 7 U.S.C. § 3222(b)(1)

    Pub. L. 115–334, § 7115(b)(3), added par. (1). Former par. (1) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–334, § 7115(b)(3), added par. (1). Former par. (1) redesignated (2).

    Enacted provision · exact public law section
    (3) in the matter preceding paragraph (2) (as so designated), by striking “(b) Beginning” and all that follows through “follows:” and inserting the following: “(b) Distribution of Funds.— “(1) In general.— Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.” .

  23. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(2) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 3222(b)(2)

      Pub. L. 115–334, § 7115(b)(2), redesignated par. (1) as (2)

    2. Inserted · 7 U.S.C. § 3222(b)(2)

      Pub. L. 115–334, § 7115(b)(2), inserted heading

    3. Redesignated · 7 U.S.C. § 3222(b)(2)

      Pub. L. 115–334, § 7115(b)(2), substituted “3 percent” for “Three per centum”. Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–334, § 7115(b)(2), redesignated par. (1) as (2), inserted heading, and substituted “3 percent” for “Three per centum”. Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “(1) Three per centum” and inserting the following: “(2) Administration.— 3 percent” ; and

  24. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(1)(C)(i) · 132 Stat. 4490

    1. Substituted · 7 U.S.C. § 3222(b)(2)(A)

      Pub. L. 115–334, § 7115(b)(1)(C)(i), (ii), substituted “were allocated” for “are allocated”

    2. Inserted · 7 U.S.C. § 3222(b)(2)(A)

      Pub. L. 115–334, § 7115(b)(1)(C)(i), (ii), inserted “, as so designated as of that date” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 115–334, § 7115(b)(1)(C)(i), (ii), substituted “were allocated” for “are allocated” and inserted “, as so designated as of that date” before period at end.

    Enacted provision · exact public law section
    (i) by striking “are allocated” and inserting “were allocated”;

  25. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(1)(C)(iii) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 3222(b)(2)(B)

      Pub. L. 115–334, § 7115(b)(1)(C)(iii), redesignated subpar. (A) as (B)

    2. Redesignated · 7 U.S.C. § 3222(b)(2)(B)

      Pub. L. 115–334, § 7115(b)(1)(C)(iii), inserted heading. Former subpar. (B) redesignated (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 115–334, § 7115(b)(1)(C)(iii), redesignated subpar. (A) as (B) and inserted heading. Former subpar. (B) redesignated (C).

    Enacted provision · exact public law section
    (iii) by striking “(A) Funds” and inserting the following: “(B) Base amount.— Funds” ; and

  26. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(1)(B) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 3222(b)(2)(C)

      Pub. L. 115–334, § 7115(b)(1)(B), redesignated subpar. (B) as (C)

    2. Inserted · 7 U.S.C. § 3222(b)(2)(C)

      Pub. L. 115–334, § 7115(b)(1)(B), inserted heading

    3. Substituted · 7 U.S.C. § 3222(b)(2)(C)

      Pub. L. 115–334, § 7115(b)(1)(B), substituted “Except as provided in subparagraph (D), of funds” for “Of funds”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 115–334, § 7115(b)(1)(B), redesignated subpar. (B) as (C), inserted heading, and substituted “Except as provided in subparagraph (D), of funds” for “Of funds”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “(B) Of funds” and inserting the following: “(C) Additional amount.— Except as provided in subparagraph (D), of funds” ;

  27. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(1)(A) · 132 Stat. 4490

    Added · 7 U.S.C. § 3222(b)(2)(D)

    Pub. L. 115–334, § 7115(b)(1)(A), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 115–334, § 7115(b)(1)(A), added subpar. (D).

    Enacted provision · exact public law section
    (A) by adding at the end the following: “(D) Special amounts.— “(i) Definitions.— In this subparagraph: “(I) Covered fiscal year.— The term ‘covered fiscal year’ means the fiscal year for which the qualified eligible institution first received an allocation of $3,000,000 under clause (ii)(I). “(II) Other eligible institution.— The term ‘other eligible institution’ means an eligible institution, other than the qualified eligible institution, receiving an allocation of funds under this section. “(III) Qualified eligible institution.— The term ‘qualified eligible institution’ means the eligible institution described in clause (ii)(I). “(ii) Fiscal year 2019, 2020, 2021, or 2022.— “(I) In general.— Subject to subclause (II), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the calculation under subparagraph (C) would result in a distribution for a fiscal year of less than $3,000,000 to an eligible institution that first received funds under this section on a date occurring after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649) and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that fiscal year. “(II) Limitation.— Subclause (I) shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year. “(iii) Subsequent fiscal years.— “(I) Minimum additional funding amounts.— Subject to subclauses (II) and (III), for each fiscal year following the covered fiscal year— “(aa) the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and “(bb) each other eligible institution shall receive an allocation under this paragraph of at least the amount received by such other eligible institution under this subsection for the covered fiscal year. “(II) Shortfall of special amounts.— “(aa) Applicability.— This subclause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this subsection is insufficient to provide for the minimum additional funding amounts described in subclause (I). “(bb) Reductions in allocations.— In the case of a fiscal year to which this subclause applies, reductions in allocations shall be made proportionally from the qualified eligible institution and from each other eligible institution based on the increased amounts (if any) that the qualified eligible institution and each other eligible institution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the covered fiscal year. “(III) Effect of census.— Subclauses (I) and (II) shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in subclause (I) is attributable to the incorporation of new census data into the calculation under paragraph (3)(C), as determined by the Secretary.” ;

  28. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7115(b)(1)(D) · 132 Stat. 4490

    1. Redesignated · 7 U.S.C. § 3222(b)(3)

      Pub. L. 115–334, § 7115(b)(1)(D), redesignated par. (2) as (3)

    2. Inserted · 7 U.S.C. § 3222(b)(3)

      Pub. L. 115–334, § 7115(b)(1)(D), inserted heading

    3. Added · 7 U.S.C. § 3222(b)(3)

      Pub. L. 115–334, § 7115(b)(1)(D), added subpar. (A)

    4. Struck · 7 U.S.C. § 3222(b)(3)

      Pub. L. 115–334, § 7115(b)(1)(D), struck out introductory provisions which read as follows: “The remainder shall be allotted among the eligible institutions as follows:”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 115–334, § 7115(b)(1)(D), redesignated par. (2) as (3), inserted heading, added subpar. (A), and struck out introductory provisions which read as follows: “The remainder shall be allotted among the eligible institutions as follows:”.

    Enacted provision · exact public law section
    (D) in the matter preceding subparagraph (B) (as so designated), by striking “(2) The” and all that follows through “follows:” and inserting the following: “(3) Distributions.— “(A) In general.— After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph.” ;

  29. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7612(c)(2) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 3222(c)(3)

      Pub. L. 115–334, § 7612(c)(2), added subpars. (A) and (B)

    2. Struck · 7 U.S.C. § 3222(c)(3)

      Pub. L. 115–334, § 7612(c)(2), struck out former subpars. (A) to (E) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 115–334, § 7612(c)(2), added subpars. (A) and (B) and struck out former subpars. (A) to (E) which read as follows:

    “(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned research programs and projects targeted to address the issues. “(B) The process established to consult with users of agricultural research regarding the identification of critical agricultural issues in the State and the development of research programs and projects targeted to address the issues. “(C) Other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State. “(D) The current and emerging efforts to work with those other institutions to build on each other’s experience and take advantage of each institution’s unique capacities. “(E) The manner in which research and extension, including research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly.”

    Enacted provision · exact public law section
    (2) Research.— Section 1445(c)(3) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(c)(3)) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: “(A) A summary of planned projects or programs in the State using formula funds. “(B) A description of matching funds provided by the State with respect to the previous fiscal year.” .

50 of 53 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

Act of , 26 Stat. 417, referred to in subsec. (a)(1), is popularly known as the “Agricultural College Act of 1890” and also as the “Second Morrill Act”, and is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables.

Codification

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

Amendments1978–2018 · 7 rounds

2018

Subsec. (b). Pub. L. 115–334, § 7115(b)(3), inserted heading and struck out introductory provisions which read as follows: “Beginning with the fiscal year ending , the funds appropriated in each fiscal year under this section shall be distributed as follows:”.

Subsec. (b)(1). Pub. L. 115–334, § 7115(b)(3), added par. (1). Former par. (1) redesignated (2).

Subsec. (b)(2). Pub. L. 115–334, § 7115(b)(2), redesignated par. (1) as (2), inserted heading, and substituted “3 percent” for “Three per centum”. Former par. (2) redesignated (3).

Subsec. (b)(2)(A). Pub. L. 115–334, § 7115(b)(1)(C)(i), (ii), substituted “were allocated” for “are allocated” and inserted “, as so designated as of that date” before period at end.

Subsec. (b)(2)(B). Pub. L. 115–334, § 7115(b)(1)(C)(iii), redesignated subpar. (A) as (B) and inserted heading. Former subpar. (B) redesignated (C).

Subsec. (b)(2)(C). Pub. L. 115–334, § 7115(b)(1)(B), redesignated subpar. (B) as (C), inserted heading, and substituted “Except as provided in subparagraph (D), of funds” for “Of funds”.

Subsec. (b)(2)(D). Pub. L. 115–334, § 7115(b)(1)(A), added subpar. (D).

Subsec. (b)(3). Pub. L. 115–334, § 7115(b)(1)(D), redesignated par. (2) as (3), inserted heading, added subpar. (A), and struck out introductory provisions which read as follows: “The remainder shall be allotted among the eligible institutions as follows:”.

Subsec. (c)(3). Pub. L. 115–334, § 7612(c)(2), added subpars. (A) and (B) and struck out former subpars. (A) to (E) which read as follows:

“(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned research programs and projects targeted to address the issues.

“(B) The process established to consult with users of agricultural research regarding the identification of critical agricultural issues in the State and the development of research programs and projects targeted to address the issues.

“(C) Other colleges and universities within the State, and within other States, that have a unique capacity to address the identified agricultural issues in the State.

“(D) The current and emerging efforts to work with those other institutions to build on each other’s experience and take advantage of each institution’s unique capacities.

“(E) The manner in which research and extension, including research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly.”

2008

Subsec. (a)(2). Pub. L. 110–246, § 7122, substituted “30 percent” for “25 percent”.

Subsec. (e). Pub. L. 110–246, § 7404(b)(2)(A)(ii), struck out “under penalty indicia: Provided, That each publication shall bear such indicia as are prescribed by the Postmaster General and shall be mailed under such regulations as the Postmaster General may from time to time prescribe” after “United States”.

2002

Subsec. (a). Pub. L. 107–171, § 7203(b), inserted heading, designated existing provisions as pars. (1) to (5), inserted headings, and substituted in par. (2) “Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 25 percent of the total appropriations for the fiscal year under section 361c of this title.” for “Beginning with the fiscal year ending , there shall be appropriated under this section for each fiscal year an amount not less than 15 per centum of the total appropriations for such year under section 361c of this title: Provided, That the amount appropriated for the fiscal year ending , shall not be less than the amount made available in the fiscal year ending , to such eligible institutions under the Act of (79 Stat. 431, [former] 7 U.S.C. 450i).”

Subsec. (a)(5). Pub. L. 107–171, § 7204, added par. (5) and struck out heading and text of former par. (5). Text read as follows: “No more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.”

1998

Pub. L. 105–185, § 226(c)(3)(A), substituted “University” for “Institute” in section catchline.

Subsec. (a). Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute” in first sentence.

Subsec. (b)(2)(B). Pub. L. 105–185, § 226(c)(3)(B), substituted “Tuskegee University” for “Tuskegee Institute”.

Subsec. (c). Pub. L. 105–185, § 225(b), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added pars. (2) to (5).

Subsec. (g). Pub. L. 105–362, § 101(e)(1), struck out “(1)” before “On or before”.

Subsec. (g)(2). Pub. L. 105–362, § 101(e)(2), struck out par. (2) which read as follows: “The Secretary shall make an annual report to Congress during the first regular session of each year of the receipts and expenditures and work of the eligible institutions under the provisions of this section and also whether any portion of the appropriation available for allotment to any institution has been withheld and if so the reasons therefor.”

Pub. L. 105–185, § 226(b) redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “If it appears to the Secretary from the annual statement of receipts and expenditures of funds by any eligible institution that an amount in excess of 5 percent of the preceding annual appropriation allotted to that institution under this section remains unexpended, such amount in excess of 5 percent of the preceding annual appropriation allotted to that institution shall be deducted from the next succeeding annual allotment to the institution.”

Subsec. (g)(3). Pub. L. 105–185, § 103(f)(3)(B), struck out par. (3) which read as follows: “If the Secretary withholds from any eligible institution any portion of the appropriations available for allotment, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.”

Subsec. (g)(4). Pub. L. 105–185, § 226(b)(2), redesignated par. (4) as (2).

1985

Subsec. (a). Pub. L. 99–198, § 1417(a), provided that not more than 5 percent of the funds received by an institution in any fiscal year, under this section, may be carried forward to the succeeding fiscal year.

Subsec. (g)(2). Pub. L. 99–198, § 1417(b), in amending par. (2) generally, substituted “If it appears” for “Whenever it shall appear” before “to the Secretary” and “that an amount in excess of 5 percent” for “that any portion” before “of the preceding annual appropriation” and inserted “in excess of 5 percent of the preceding annual appropriation allotted to that institution” before “shall be deducted”.

1981

Subsec. (b)(1). Pub. L. 97–98, § 1432(a)(1), inserted provision authorizing use of administrative funds for transportation of scientists to research meetings convened for purpose of assessing research opportunities or research planning.

Subsec. (b)(2)(B). Pub. L. 97–98, § 1432(a)(2), inserted “current at the time each such additional sum is first appropriated” after “the last preceding decennial census” in two places.

Subsecs. (c), (d). Pub. L. 97–98, § 1432(a)(3), substituted “research director” for “chief administrative officer” wherever appearing.

1978

Subsec. (b). Pub. L. 95–547 amended subsec. (b) generally, substituting in par. (A) provisions relating to allocation of funds among eligible institutions in same proportion as funds made available under former section 450i of this title (now section 3157 of this title), for fiscal year ending , are allocated among eligible institutions for provisions relating to allocation of $100,000 to each eligible institution, and substituting in par. (B) provisions relating to allocation among eligible institutions of 20 per centum of the excess funds in equal proportions, 40 per centum in proportion that the rural population of the State in which each eligible institution is located bears to total rural population of all States in which such institutions are located, and balance in proportion that farm population of State in which each eligible institution is located bears to total farm population of all States in which such institutions are located for provisions relating to allocation among eligible institutions of one-half of remaining funds in an amount which bore same ratio to total amount to be allocated as rural population of State in which eligible institution was located bore to total rural population of all States in which such institutions were located, and one-half in an amount which bore same ratio to total amount to be allocated as farm population of State in which eligible institution was located bore to total farm population of all States in which such institutions were located.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Effective Date of 1998 Amendment

Amendment by section 225(b) of Pub. L. 105–185 effective , see section 225(c) of Pub. L. 105–185, set out as a note under section 3221 of this title.

Effective Date of 1981 Amendment

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

Effective Date

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

West Virginia State College, Institute, West Virginia

Pub. L. 106–78, title I, , 113 Stat. 1140, provided in part that West Virginia State College in Institute, West Virginia: “for fiscal year 2000 and thereafter shall be designated as an eligible institution under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222)”.

Grant for Dairy Goat Research Program

Pub. L. 97–98, title XIV, § 1432(b), , 95 Stat. 1311, as amended by Pub. L. 99–198, title XIV, § 1432, , 99 Stat. 1557; Pub. L. 101–624, title XVI, § 1601(c), , 104 Stat. 3703; Pub. L. 104–127, title VIII, § 887, , 110 Stat. 1180, authorized grant for dairy goat research, described uses for grant and times of payment, and authorized appropriations for fiscal years 1991 through 1997, prior to repeal by Pub. L. 105–185, title III, § 302(b), , 112 Stat. 563.

Credits

1977–2018 · 10 acts
  1. 1977Pub. L. 95–113, title XIV, § 1445, , 91 Stat. 1009
  2. 1978Pub. L. 95–547, , 92 Stat. 2063
  3. 1981Pub. L. 97–98, title XIV, § 1432(a), , 95 Stat. 1311
  4. 1985Pub. L. 99–198, title XIV, § 1417, , 99 Stat. 1550
  5. 1998Pub. L. 105–185, title I, § 103(f)(3)(B), title II, §§ 225(b), 226(b), (c)(3), , 112 Stat. 528, 541, 543
  6. 1998Pub. L. 105–362, title I, § 101(e), , 112 Stat. 3281
  7. 2002Pub. L. 107–171, title VII, §§ 7203(b), 7204, , 116 Stat. 438
  8. 2008Pub. L. 110–234, title VII, §§ 7122, 7404(b)(2)(A)(ii), , 122 Stat. 1222, 1247
  9. 2008Pub. L. 110–246, § 4(a), title VII, §§ 7122, 7404(b)(2)(A)(ii), , 122 Stat. 1664, 1983, 2008
  10. 2018Pub. L. 115–334, title VII, §§ 7115(b), 7612(c)(2), , 132 Stat. 4787, 4832.
Show as published

(Pub. L. 95–113, title XIV, § 1445, , 91 Stat. 1009; Pub. L. 95–547, , 92 Stat. 2063; Pub. L. 97–98, title XIV, § 1432(a), , 95 Stat. 1311; Pub. L. 99–198, title XIV, § 1417, , 99 Stat. 1550; Pub. L. 105–185, title I, § 103(f)(3)(B), title II, §§ 225(b), 226(b), (c)(3), , 112 Stat. 528, 541, 543; Pub. L. 105–362, title I, § 101(e), , 112 Stat. 3281; Pub. L. 107–171, title VII, §§ 7203(b), 7204, , 116 Stat. 438; Pub. L. 110–234, title VII, §§ 7122, 7404(b)(2)(A)(ii), , 122 Stat. 1222, 1247; Pub. L. 110–246, § 4(a), title VII, §§ 7122, 7404(b)(2)(A)(ii), , 122 Stat. 1664, 1983, 2008; Pub. L. 115–334, title VII, §§ 7115(b), 7612(c)(2), , 132 Stat. 4787, 4832.)

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