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Title 7 — Agriculture

Chapter 14 — Agricultural Experiment Stations

§ 361c. Authorization of appropriations and allotments of grants

Statutory text

(a)

Authorization

There are authorized to be appropriated for the purposes of sections 361a to 361i of this title such sums as Congress may from time to time determine to be necessary.

(b)

Allotments to States; authorization of appropriations for Virgin Islands and Guam; limitation

(1)

Out of such sums each State shall be entitled to receive annually a sum of money equal to and subject to the same requirement as to use for marketing research projects as the sums received from Federal appropriations for State agricultural experiment stations for the fiscal year 1955, except that amounts heretofore made available from the fund known as the “Regional research fund, Office of Experiment Stations” shall continue to be available for the support of cooperative regional projects as defined in subsection (c)(3), and the said fund shall be designated “Regional research fund, State agricultural experiment stations,” and the Secretary of Agriculture shall be entitled to receive annually for the administration of sections 361a to 361i of this title, a sum not less than that available for this purpose for the fiscal year ending : Provided, That if the appropriations hereunder available for distribution in any fiscal year are less than those for the fiscal year 1955 the allotment to each State and the amounts for Federal administration and the regional research fund shall be reduced in proportion to the amount of such reduction.

(2)

There is authorized to be appropriated for the fiscal year ending , and for each fiscal year thereafter, for payment to the Virgin Islands and Guam, $100,000 each, which sums shall be in addition to the sums appropriated for the several States of the United States and Puerto Rico under the provisions of this section. The amount paid by the Federal Government to the Virgin Islands and Guam pursuant to this paragraph shall not exceed during any fiscal year, except the fiscal years ending , and , when such amount may be used to pay the total cost of providing services pursuant to sections 361a to 361i of this title, the amount available and budgeted for expenditure by the Virgin Islands and Guam for the purposes of such sections.

(c)

Allotment of additional sums

Any sums made available by the Congress in addition to those provided for in subsection (b) of this section for State agricultural experiment station work shall be distributed as follows:

(1)

Twenty per centum shall be allotted equally to each State;

(2)

Not less than 52 per centum of such sums shall be allotted to each State, as follows: One-half in an amount which bears the same ratio to the total amount to be allotted as the rural population of the State bears to the total rural population of all the States as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; 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 bears to the total farm population of all the States as determined by the last preceding decennial census current at the time such additional sum is first appropriated;

(3)

Not less than 25 percent shall be allotted to the States for cooperative research employing multidisciplinary approaches in which a State agricultural experiment station, working with another State agricultural experiment station, the Agricultural Research Service, or a college or university, cooperates to solve problems that concern more than 1 State. The funds available under this paragraph, together with the funds available under subsection (b) for a similar purpose, shall be designated as the “Multistate Research Fund, State Agricultural Experiment Stations”.

(4)

Three per centum shall be available to the Secretary of Agriculture for administration of sections 361a to 361i of this title. 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.

(d)

Matching funds

(1)

Requirement

Except as provided in paragraph (4), no allotment shall be made to a State under subsection (b) or (c), and no payments from the allotment shall be made to a State, in excess of the amount that the State makes available out of non-Federal funds for agricultural research and for the establishment and maintenance of facilities for the performance of the research.

(2)

Failure to provide matching funds

If a State fails to comply with the requirement to provide matching funds for a fiscal year under paragraph (1), the Secretary of Agriculture shall withhold from payment to the State for that fiscal year an amount equal to the difference between—

(A)

the amount that would be allotted and paid to the State under subsections (b) and (c) (if the full amount of matching funds were provided by the State); and

(B)

the amount of matching funds actually provided by the State.

(3)

Reapportionment

(A)

In general

The Secretary of Agriculture shall reapportion amounts withheld under paragraph (2) for a fiscal year among the States satisfying the matching requirement for that fiscal year.

(B)

Matching requirement

Any reapportionment of funds under this paragraph shall be subject to the matching requirement specified in paragraph (1).

(4)

Exception for insular areas and the District of Columbia

(A)

In general

Effective beginning for fiscal year 2003, in lieu of the matching funds requirement of paragraph (1), the insular areas of the Commonwealth of Puerto Rico, Guam, and the Virgin Islands of the United States and the District of Columbia shall provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds distributed by the Secretary to each of the insular areas, respectively, and the District of Columbia under this section.

(B)

Waivers

The Secretary may waive the matching fund requirement of subparagraph (A) for any fiscal year if the Secretary determines that the government of the insular area or the District of Columbia will be unlikely to meet the matching requirement for the fiscal year.

(e)

“Administration” defined

“Administration” as used in this section shall include participation in planning and coordinating cooperative regional research as defined in subsection (c)(3).

(f)

Adjustment of payments

In making payments to States, the Secretary of Agriculture is authorized to adjust any such payment to the nearest dollar.

(g)

Reductions and reapportionments

If in any year the amount made available by a State from its own funds (including any revenue-sharing funds) to a State agricultural experiment station is reduced because of an increase in the allotment made available under sections 361a to 361i of this title, the allotment to the State agricultural experiment station from the appropriation in the next succeeding fiscal year shall be reduced in an equivalent amount. The Secretary shall reapportion the amount of such reduction to other States for use by their agricultural experiment stations.

(h)

Peer review

Research carried out under subsection (c)(3) shall be subject to scientific peer review. The review of a project conducted under this subsection shall be considered to satisfy the merit review requirements of section 7613(e) of this title.

(i)

Integration of research and extension

(1)

In general

Not less than the applicable percentage specified under paragraph (2) of the Federal formula funds that are paid under sections 361a to 361i of this title and subsections (b) and (c) of section 343 of this title to colleges and universities eligible to receive funds under the Act of (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), during a fiscal year shall be expended for activities that integrate cooperative research and extension (referred to in this subsection as “integrated activities”).

(2)

Applicable percentages

(A)

1997 expenditures on multistate activities

Of the Federal formula funds that were paid to each State for fiscal year 1997 under sections 361a to 361i of this title and subsections (b) and (c) of section 343 of this title, the Secretary of Agriculture shall determine the percentage that the State expended for integrated activities.

(B)

Required expenditures on multistate activities

Of the Federal formula funds that are paid to each State for fiscal year 2000 and each subsequent fiscal year under sections 361a to 361i of this title and subsections (b) and (c) of section 343 of this title, the State shall expend for the fiscal year for integrated activities a percentage that is at least equal to the lesser of—

(i)

25 percent; or

(ii)

twice the percentage for the State determined under subparagraph (A).

(C)

Reduction by Secretary

The Secretary of Agriculture may reduce the minimum percentage required to be expended by a State for integrated activities under subparagraph (B) in a case of hardship, infeasibility, or other similar circumstance beyond the control of the State, as determined by the Secretary.

(3)

Applicability

This subsection does not apply to funds provided—

(A)

by a State or local government pursuant to a matching requirement;

(B)

to a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 note)); or

(C)

to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.

(4)

Relationship to other requirements

Federal formula funds described in paragraph (1) that are used by a State for a fiscal year for integrated activities in accordance with paragraph (2)(B) may also be used to satisfy the multistate activities requirements of subsection (c)(3) of this section and section 343(h) of this title for the same fiscal year.

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. Pub. L. 49–314 § 3 · 24 Stat. 440

    Enacted · 7 U.S.C. § 361c

    Mar. 2, 1887, ch. 314, § 3, 24 Stat. 441

    Source evidence

    Code source credit
    Mar. 2, 1887, ch. 314, § 3, 24 Stat. 441

    Enacted provision · exact public law section
    Sec. 3. That in order to secure, as far as practicable, uniformity of Commissioner of Agriculture to advise, etc. methods and results in the work of said stations, it shall be the duty of the United States Commissioner of Agriculture to furnish forms, as far as practicable, for the tabulation of results of investigation or experiments; to indicate, from time to time, such lines of inquiry as to him shall seem most important; and, in general, to furnish such advice and assistance as will best promote the purposes of this act. It shall be the duty of each of said stations, annually, on or before the first day of February, to make to the governor of the State or Territory in which it is located a full and detailed report of its operations, including a Reports. statement of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the said Commissioner of Agriculture, and to the Secretary of the Treasury of the United States.

  2. Education Amendments of 1972

    Pub. L. 92–318 title V § 506 · 86 Stat. 235

    1. Amended · 7 U.S.C. § 361c(b)

      Pub. L. 92–318 designated existing provisions as par. (1)

    2. Added · 7 U.S.C. § 361c(b)

      Pub. L. 92–318 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–318 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Sec. 506. land-grant status for the college of the virgin islands and the university of guam (a) The College of the Virgin Islands and the University of Guam shall be considered land-grant colleges established for the benefit of agriculture and mechanic arts in accordance with the provisions of the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C. 301–305, 307, 308). (b) In lieu of extending to the Virgin Islands and Guam those provisions of the Act of July 2, 1862, as amended, relating to donations of public land or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, there is authorized to be appropriated $3,000,000 to the Virgin Islands and $3,000,000 to Guam. Amounts appropriated pursuant to this section shall he held and considered to have been granted to the Virgin Islands and Guam subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip. (c) The Act of August 30, 1890 (26 Stat. 417; 7 U.S.C. 3–22–326) is amended by adding at the end thereof the following new section: “Sec. 5. There is authorized to be appropriated annually for payment to the Virgin Islands and Guam the amount they would receive under this Act if they were States. Sums appropriated under this section shall be treated in the same manner and he subject to the same provisions of law, as would be the case if they had been appropriated by the first sentence of this Act.”. (d) Section 22 of the Act of June 29, 1935, as amended (49 Stat. 439; 74 Stat. 525; 82 Stat. 241. 7 U.S.C. 329), is further amended— (1) by striking out “and Puerto Rico” wherever it appears and inserting in lieu thereof the following: “, Puerto Rico, the Virgin Islands, and Guam”; (2) by striking out “$7,800,000” and inserting in lieu thereof the figure “$8,100,000”; and (3) by striking out “$4,320,000” and inserting in lieu thereof the figure “$1,360,000”. (e) The Act of March 4, 1940 (54 Stat. 39; 7 U.S.C. 331) is amended— (1) by striking out “and Territories” wherever it appears and inserting in lieu thereof the following: “, Puerto Rico, the Virgin Islands, and Guam”; (2) by striking out “or Territories” wherever it appears and inserting in lieu thereof the following: “, Puerto Rico, the Virgin Islands, or Guam”; and (3) by striking out “State” wherever it appears in the third proviso of that Act and inserting in lieu thereof the following: “State, Puerto Rico, the Virgin Islands, or Guam”. (f) Section 207 of the Agricultural Marketing Act of 1946 (60 Stat. 1091: 7 U.S.C. 1626), is amended by striking out the period at the end of the section and inserting in lieu thereof the following: “, and the term ‘State’ when used in this chapter shall include the Virgin Islands and Guam.”. (g) Section 3 of the Act of May 8, 1914, as amended (38 Stat. 373; 7 U.S.C. 343), is further amended by inserting “(1)” immediately after 67 Stat. 84; 76 Stat. 745. the designation of subsection (b) thereof and by adding at the end of subsection (b) thereof a new paragraph (2) as follows; “(2) There is authorized to be appropriated for the fiscal year ending Appropriation. June 30, 1971, and for each fiscal year thereafter, for payment to the Virgin Islands and Guam, $100,000 each, which sums shall be in addition to the sums appropriated for the several States of the United States and Puerto Rico under the provisions of this section. The amount paid by the Federal Government to the Virgin Islands and Guam pursuant to this paragraph shall not exceed during any fiscal year, except the fiscal years ending June 30, 1971, and June 30, 1972, when such amount may be used to pay the total cost of providing services pursuant to this Act. the amount available and budgeted for expenditure by the Virgin Islands and Guam for the purposes of this Act.”. (h) Section 10 of the Act of May 8, 1914, is amended by striking 7 USC 349. out “and Puerto Rico” and inserting in lieu thereof the following: “, Puerto Rico, the Virgin Islands, and Guam”. (i) Section 4 of the Act of October 10, 1962 76 Stat 806; 16 U.S.C. 582a–3, is amended by striking out the period at the end of the first sentence thereof and inserting in lieu thereof the following: “, except that for the fiscal years ending June 30, 1971, and June 30, 1972, the matching funds requirement hereof shall not be applicable to the Virgin Islands and Guam, and sums authorized for such years for the Virgin Islands and Guam may be used to pay the total cost of programs for forestry research.”. (j) Section 8 of the Act of October 10, 1962 76 Stat. 807; 16 U.S.C. 582a–7, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “, the Virgin Islands, and Guam.”. (k) Section 1 of the Act of August 11, 1955 (7 U.S.C. 361a–361i), is 69 Stat. 671. amended by striking out the period at the end of the second sentence and inserting in lieu thereof the following: “Guam and the Virgin Islands,” and striking out “and” between the words “Hawaii and Puerto Rico.”. (l) Section 3 of the Act of August 11, 1955 (7 U.S.C. 361a–361i) is amended by redesignating subsection (b) as paragraph (1) of subsection (b), and adding a new paragraph (2) to subsection (b) to read as follows: “(2) There is authorized to be appropriated for the fiscal year ending June 30, 1973, and for each fiscal year thereafter, for payment to the Virgin Islands and Guam, $100,000 each, which sums shall be in addition to the sums appropriated for the several States of the United States and Puerto Rico under the provisions of this section. The amount paid by the Federal Government to the Virgin Islands and Guam pursuant to this paragraph shall not exceed during any fiscal year, except the fiscal years ending June 30, 1971, and June 30, 1972, when such amount may be used to pay the total cost of providing services pursuant to this Act, the amount available and budgeted for expenditure by the Virgin Islands and Guam for the purposes of this Act.” (m) With respect to the Virgin Islands and Guam, the enactment of this section shall be deemed to satisfy any requirement of State, consent contained in laws or provisions of law referred to in this section. (n) The amendments made by this section shall be effective after June 30, 1970.

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

    Pub. L. 95–113 § 1466(a) · 91 Stat. 913

    Struck · 7 U.S.C. § 361c(c)(4)

    Pub. L. 95–113, § 1466(a), struck out par. (4) which provided that not less than 20 per centum of any sums appropriated pursuant to subsec. (c) for distribution to States be used for conducting marketing research projects approved by the Department of Agriculture

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 95–113, § 1466(a), struck out par. (4) which provided that not less than 20 per centum of any sums appropriated pursuant to subsec. (c) for distribution to States be used for conducting marketing research projects approved by the Department of Agriculture.

    Enacted provision · exact public law section
    (a) Section 3(c) (4) of the Act of March 2, 1887 (24 Stat. 441, as amended; 7 U.S.C. 361c(c) (4)), is hereby repealed.

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

    Pub. L. 95–113 § 1466(b) · 91 Stat. 913

    Inserted · 7 U.S.C. § 361c(c)(5)

    Pub. L. 95–113, § 1466(b), inserted provision authorizing the use of administrative funds for the 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

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 95–113, § 1466(b), inserted provision authorizing the use of administrative funds for the 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.

    Enacted provision · exact public law section
    (b) Section 3(c) (5) of such Act (24 Stat. 441, as amended; 7 U.S.C. 361c(c) (5)) is amended by adding at the end thereof a new sentence to read 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.”.

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

    Pub. L. 97–98 title XIV § 1442(a) · 95 Stat. 1213

    Added · 7 U.S.C. § 361c(g)

    Pub. L. 97–98 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–98 added subsec. (g).

    Enacted provision · exact public law section
    (a) Section 3 of the Act of March 2, 1887 (7 U.S.C. 361c), commonly known as the Hatch Act, is amended by adding at the end thereof a new subsection (g) as follows: “(g) If in any year the amount made available by a State from its own funds (including any revenue-sharing funds) to a State agricultural experiment station is reduced because of an increase in the allotment made available under this Act, the allotment to the State agricultural experiment station from the appropriation in the next succeeding fiscal year shall be reduced in an equivalent amount. The Secretary shall reapportion the amount of such reduction to other States for use by their agricultural experiment stations.”.

  6. Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 title XVI § 1618(a) · 104 Stat. 3359

    Inserted · 7 U.S.C. § 361c(d)

    Pub. L. 101–624 inserted before period at end “and reapportioned among the States”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–624 inserted before period at end “and reapportioned among the States”.

    Enacted provision · exact public law section
    (a) Reapportionment of Withheld Allotments for Agricultural Experiment Stations.— Section 3(d) of the Act of March 2, 1887 (7 U.S.C. 361c(d)) is amended by inserting before the period at the end the following: “and reapportioned among the States”.

  7. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 title VIII § 869 · 110 Stat. 888

    Struck · 7 U.S.C. § 361c(c)(3)

    Pub. L. 104–127 struck out “, and shall be used only for such cooperative regional projects as are recommended by a committee of nine persons elected by and representing the directors of the State agricultural experiment stations, and approved by the Secretary of Agriculture. The necessary travel expenses of the committee of nine persons in performance of their duties may be paid from the fund established by this paragraph” before semicolon at end

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 104–127 struck out “, and shall be used only for such cooperative regional projects as are recommended by a committee of nine persons elected by and representing the directors of the State agricultural experiment stations, and approved by the Secretary of Agriculture. The necessary travel expenses of the committee of nine persons in performance of their duties may be paid from the fund established by this paragraph” before semicolon at end.

    Enacted provision · exact public law section
    SEC. 869. COMMITTEE OF NINE UNDER HATCH ACT OF 1887. Section 3(c)3 of the Act of March 2, 1887 (commonly known as the “Hatch Act of 1887”; 7 U.S.C. 361c(c)3) is amended by striking “, and shall be used” and all that follows through “by this paragraph”.

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

    Pub. L. 105–185 § 104(b)(1) · 112 Stat. 523

    Changed · 7 U.S.C. § 361c(b)(1)

    Pub. L. 105–185, § 104(b)(1), made technical amendment to reference in original act which appears in text as reference to subsection (c)(3) of this section

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–185, § 104(b)(1), made technical amendment to reference in original act which appears in text as reference to subsection (c)(3) of this section.

    Enacted provision · exact public law section
    (1) in subsection (b)(1), by striking “subsection 3(c)(3)” and inserting “subsection (c)(3)”; and

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

    Pub. L. 105–185 § 104(a)(1)(A) · 112 Stat. 523

    Redesignated · 7 U.S.C. § 361c(c)(1); 7 U.S.C. § 361c(c)(2)

    Pub. L. 105–185, § 104(a)(1)(A), redesignated pars. 1 and 2 as (1) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 105–185, § 104(a)(1)(A), redesignated pars. 1 and 2 as (1) and (2), respectively.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs 1, 2, 3, and 5 as paragraphs (1), (2), (3), and (4), respectively; and

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

    Pub. L. 105–185 § 104(a)(1)(B) · 112 Stat. 523

    1. Added · 7 U.S.C. § 361c(c)(3)

      Pub. L. 105–185, § 104(a)(1)(B), added par. (3)

    2. Struck · 7 U.S.C. § 361c(c)(3)

      Pub. L. 105–185, § 104(a)(1)(B), struck out former par. (3) which read as follows: “Not more than 25 per centum shall be allotted to the States for cooperative research in which two or more State agricultural experiment stations are cooperating to solve problems that concern the agriculture of more than one State. The funds available for such purposes, together with funds available pursuant to subsection (b) of this section for like purpose shall be designated as the ‘Regional research fund, State agricultural experiment stations’;”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 105–185, § 104(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “Not more than 25 per centum shall be allotted to the States for cooperative research in which two or more State agricultural experiment stations are cooperating to solve problems that concern the agriculture of more than one State. The funds available for such purposes, together with funds available pursuant to subsection (b) of this section for like purpose shall be designated as the ‘Regional research fund, State agricultural experiment stations’;”.

    Enacted provision · exact public law section
    (B) by striking paragraph (3) and inserting the following: “(3) Not less than 25 percent shall be allotted to the States for cooperative research employing multidisciplinary approaches in which a State agricultural experiment station, working with another State agricultural experiment station, the Agricultural Research Service, or a college or university, cooperates to solve problems that concern more than 1 State. The funds available under this paragraph, together with the funds available under subsection (b) for a similar purpose, shall be designated as the ‘Multistate Research Fund, State Agricultural Experiment Stations’.”; and

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

    Pub. L. 105–185 § 104(a)(1)(A) · 112 Stat. 523

    Redesignated · 7 U.S.C. § 361c(c)(3)

    Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 3 as (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 3 as (3).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs 1, 2, 3, and 5 as paragraphs (1), (2), (3), and (4), respectively; and

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

    Pub. L. 105–185 § 104(a)(1)(A) · 112 Stat. 523

    Redesignated · 7 U.S.C. § 361c(c)(4); 7 U.S.C. § 361c(c)(5)

    Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 5 as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4), (5). Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 5 as (4).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs 1, 2, 3, and 5 as paragraphs (1), (2), (3), and (4), respectively; and

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

    Pub. L. 105–185 § 203(a) · 112 Stat. 523

    1. Added · 7 U.S.C. § 361c(d)

      Pub. L. 105–185, § 203(a), added subsec. (d)

    2. Struck · 7 U.S.C. § 361c(d)

      Pub. L. 105–185, § 203(a), struck out former subsec. (d) which read as follows: “Of any amount in excess of $90,000 available under sections 361a to 361i of this title for allotment to any State, exclusive of the regional research fund, State agricultural experiment stations, no allotment and no payments thereof shall be made in excess of the amount which the State makes available out of its own funds for research and for the establishment and maintenance of facilities necessary for the prosecution of such research: And provided further, That if any State fails to make available for such research purposes for any fiscal year a sum equal to the amount in excess of $90,000 to which it may be entitled for such year, the remainder of such amount shall be withheld by the Secretary of Agriculture and reapportioned among the States.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–185, § 203(a), added subsec. (d) and struck out former subsec. (d) which read as follows: “Of any amount in excess of $90,000 available under sections 361a to 361i of this title for allotment to any State, exclusive of the regional research fund, State agricultural experiment stations, no allotment and no payments thereof shall be made in excess of the amount which the State makes available out of its own funds for research and for the establishment and maintenance of facilities necessary for the prosecution of such research: And provided further, That if any State fails to make available for such research purposes for any fiscal year a sum equal to the amount in excess of $90,000 to which it may be entitled for such year, the remainder of such amount shall be withheld by the Secretary of Agriculture and reapportioned among the States.”

    Enacted provision · exact public law section
    (a) Hatch Act of 1887.— Section 3 of the Hatch Act of 1887 (7 U.S.C. 361c) is amended by striking subsection (d) and inserting the following: “(d) Matching Funds.— “(1) Requirement.— No allotment shall be made to a State under subsection (b) or (c), and no payments from the allotment shall be made to a State, in excess of the amount that the State makes available out of non-Federal funds for agricultural research and for the establishment and maintenance of facilities for the performance of the research. “(2) Failure to provide matching funds.— If a State fails to comply with the requirement to provide matching funds for a fiscal year under paragraph (1), the Secretary of Agriculture shall withhold from payment to the State for that fiscal year an amount equal to the difference between— “(A) the amount that would be allotted and paid to the State under subsections (b) and (c) (if the full amount of matching funds were provided by the State); and “(B) the amount of matching funds actually provided by the State. “(3) Reapportionment.— “(A) In General.— The Secretary of Agriculture shall reapportion amounts withheld under paragraph (2) for a fiscal year among the States satisfying the matching requirement for that fiscal year. “(B) Matching requirement.— Any reapportionment of funds under this paragraph shall be subject to the matching requirement specified in paragraph (1).”.

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

    Pub. L. 105–185 § 104(b)(2) · 112 Stat. 523

    Substituted · 7 U.S.C. § 361c(e)

    Pub. L. 105–185, § 104(b)(2), substituted “subsection (c)(3)” for “subsection (c)3”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–185, § 104(b)(2), substituted “subsection (c)(3)” for “subsection (c)3”.

    Enacted provision · exact public law section
    (2) in subsection (e), by striking “subsection 3(c)3” and inserting “subsection (c)(3)”.

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

    Pub. L. 105–185 § 104(a)(2) · 112 Stat. 523

    Added · 7 U.S.C. § 361c(h)

    Pub. L. 105–185, § 104(a)(2), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–185, § 104(a)(2), added subsec. (h).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(h) Peer Review and Plan of Work.— “(1) Peer review.— Research carried out under subsection (c)(3) shall be subject to scientific peer review. The review of a project conducted under this paragraph shall be considered to satisfy the merit review requirements of section 103(e) of the Agricultural Research, Extension, and Education Reform Act of 1998. “(2) Plan of work.— The State shall include in the plan of work of the State required under section 7 a description of the manner in which the State will meet the requirements of subsection (c)(3).”.

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

    Pub. L. 105–185 § 204(a) · 112 Stat. 523

    Added · 7 U.S.C. § 361c(i)

    Pub. L. 105–185, § 204(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–185, § 204(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) In General.— Section 3 of the Hatch Act of 1887 (7 U.S.C. 361c) (as amended by section 104(a)(2)) is amended by adding at the end the following: “(i) Integration of Research and Extension.— “(1) In general.— Not less than the applicable percentage specified under paragraph (2) of the Federal formula funds that are paid under this Act and subsections (b) and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343) to colleges and universities eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), during a fiscal year shall be expended for activities that integrate cooperative research and extension (referred to in this subsection as integrated activities’). “(2) Applicable percentages.— “(A) 1997 expenditures on multistate activities.— Of the Federal formula funds that were paid to each State for fiscal year 1997 under this Act and subsections (b) and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343), the Secretary of Agriculture shall determine the percentage that the State expended for integrated activities. “(B) Required expenditures on multistate activities.— Of the Federal formula funds that are paid to each State for fiscal year 2000 and each subsequent fiscal year under this Act and subsections (b) and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343), the State shall expend for the fiscal year for integrated activities a percentage that is at least equal to the lesser of— “(i) 25 percent; or “(ii) twice the percentage for the State determined under subparagraph (A). “(C) Reduction by secretary.— The Secretary of Agriculture may reduce the minimum percentage required to be expended by a State for integrated activities under subparagraph (B) in a case of hardship, infeasibility, or other similar circumstance beyond the control of the State, as determined by the Secretary. “(D) Plan of work.— The State shall include in the plan of work of the State required under section 7 of this Act or section4 of the Smith-Lever Act (7 U.S.C.344), as applicable, a description of the manner in which the State will meet the requirements of this paragraph. “(3) Applicability.— This subsection does not apply to funds provided— “(A) by a State or local government pursuant to a matching requirement; “(B) to a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 note)); or “(C) to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. “(4) Relationship to other requirements.— Federal formula funds described in paragraph (1) that are used by a State for a fiscal year for integrated activities in accordance with paragraph (2)(B) may also be used to satisfy the multistate activities requirements of subsection (c)(3) of this section and section 3(h) of the Smith-Lever Act (7 U.S.C. 343(h)) for the same fiscal year.”.

  17. Pub. L. 105–277 § 101(a)(tVII)(s753)(d)(1) · 112 Stat. 2681

    Substituted · 7 U.S.C. § 361c(d)(1)

    Pub. L. 105–277, § 101(a) [title VII, § 753(d)(1)], substituted “Except as provided in paragraph (4), no” for “No”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 105–277, § 101(a) [title VII, § 753(d)(1)], substituted “Except as provided in paragraph (4), no” for “No”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  18. Pub. L. 105–277 § 101(a)(tVII)(s753)(d)(2) · 112 Stat. 2681

    Added · 7 U.S.C. § 361c(d)(4)

    Pub. L. 105–277, § 101(a) [title VII, § 753(d)(2)], added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 105–277, § 101(a) [title VII, § 753(d)(2)], added par. (4).

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  19. Pub. L. 107–171 title VII § 7213(a) · 116 Stat. 134

    1. Added · 7 U.S.C. § 361c(d)(4)

      Pub. L. 107–171 added par. (4)

    2. Struck · 7 U.S.C. § 361c(d)(4)

      Pub. L. 107–171 struck out heading and text of former par. (4). Text read as follows: “In lieu of the matching funds requirement of paragraph (1), the Commonwealth of Puerto Rico, the Virgin Islands, and Guam shall be subject to the same matching funds requirements as those applicable to an eligible institution under section 3222d of this title.”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 107–171 added par. (4) and struck out heading and text of former par. (4). Text read as follows: “In lieu of the matching funds requirement of paragraph (1), the Commonwealth of Puerto Rico, the Virgin Islands, and Guam shall be subject to the same matching funds requirements as those applicable to an eligible institution under section 3222d of this title.”

    Enacted provision · exact public law section
    (a) Experiment Stations.— Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is amended by striking paragraph (4) and inserting the following: “(4) Exception for insular areas.— “(A) In general.— Effective beginning for fiscal year 2003, in lieu of the matching funds requirement of paragraph (1), the insular areas of the Commonwealth of Puerto Rico, Guam, and the Virgin Islands of the United States shall provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds distributed by the Secretary to each of the insular areas, respectively, under this section. “(B) Waivers.— The Secretary may waive the matching fund requirement of subparagraph (A) for any fiscal year if the Secretary determines that the government of the insular area will be unlikely to meet the matching requirement for the fiscal year.”.

  20. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7404(a)(1) · 122 Stat. 1651

    Inserted · 7 U.S.C. § 361c(d)(4)

    Pub. L. 110–246, § 7404(a)(1), inserted “and the District of Columbia” after “areas” in heading

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 110–246, § 7404(a)(1), inserted “and the District of Columbia” after “areas” in heading.

    Enacted provision · exact public law section
    (1) in the paragraph heading, by inserting “and the district of columbia” after “areas”;

    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. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7404(a)(2) · 122 Stat. 1651

    Inserted · 7 U.S.C. § 361c(d)(4)(A)

    Pub. L. 110–246, § 7404(a)(2), inserted “and the District of Columbia” after “United States” and after “respectively,”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 110–246, § 7404(a)(2), inserted “and the District of Columbia” after “United States” and after “respectively,”.

    Enacted provision · exact public law section
    (2) in subparagraph (A)— (A) by inserting “and the District of Columbia” after “United States”; and (B) by inserting “and the District of Columbia” after “respectively,”; and

    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.

  22. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7404(a)(3) · 122 Stat. 1651

    Inserted · 7 U.S.C. § 361c(d)(4)(B)

    Pub. L. 110–246, § 7404(a)(3), inserted “or the District of Columbia” after “area”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B). Pub. L. 110–246, § 7404(a)(3), inserted “or the District of Columbia” after “area”.

    Enacted provision · exact public law section
    (3) in subparagraph (B), by inserting “or the District of Columbia” after “area”.

    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.

  23. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7612(b)(1)(A) · 132 Stat. 4490

    Amended · 7 U.S.C. § 361c(h)

    Pub. L. 115–334, § 7612(b)(1)(A), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to peer review and plan of work

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–334, § 7612(b)(1)(A), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to peer review and plan of work.

    Enacted provision · exact public law section
    (A) by amending subsection (h) to read as follows: “(h) Peer Review.— Research carried out under subsection (c)(3) shall be subject to scientific peer review. The review of a project conducted under this subsection shall be considered to satisfy the merit review requirements of section 103(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7613(e)).” ; and

  24. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 7612(b)(1)(B) · 132 Stat. 4490

    Struck · 7 U.S.C. § 361c(i)(2)(D)

    Pub. L. 115–334, § 7612(b)(1)(B), struck out subpar. (D). Prior to amendment, text read as follows: “The State shall include in the plan of work of the State required under section 361g of this title or section 344 of this title, as applicable, a description of the manner in which the State will meet the requirements of this paragraph.”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(D). Pub. L. 115–334, § 7612(b)(1)(B), struck out subpar. (D). Prior to amendment, text read as follows: “The State shall include in the plan of work of the State required under section 361g of this title or section 344 of this title, as applicable, a description of the manner in which the State will meet the requirements of this paragraph.”

    Enacted provision · exact public law section
    (B) in subsection (i)(2), by striking subparagraph (D); and

28 of 28 references resolved to an enrolled provision

Editorial Notes

References in Text

Act of , referred to in subsec. (i)(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.

Codification

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

Prior to being amended generally by act Aug. 11, 1955, ch. 790, § 1, 69 Stat. 671, section 3 of act , which comprises this section, consisted of two sentences. The first sentence was classified to former section 368 of this title. The second sentence was superseded by act Feb. 24, 1925, ch. 308, § 3, 43 Stat. 971, which was classified to former section 366 of this title and was repealed by act Aug. 11, 1955, ch. 790, § 2, 69 Stat. 674.

Amendments1955–2018 · 10 rounds

2018

Subsec. (h). Pub. L. 115–334, § 7612(b)(1)(A), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to peer review and plan of work.

Subsec. (i)(2)(D). Pub. L. 115–334, § 7612(b)(1)(B), struck out subpar. (D). Prior to amendment, text read as follows: “The State shall include in the plan of work of the State required under section 361g of this title or section 344 of this title, as applicable, a description of the manner in which the State will meet the requirements of this paragraph.”

2008

Subsec. (d)(4). Pub. L. 110–246, § 7404(a)(1), inserted “and the District of Columbia” after “areas” in heading.

Subsec. (d)(4)(A). Pub. L. 110–246, § 7404(a)(2), inserted “and the District of Columbia” after “United States” and after “respectively,”.

Subsec. (d)(4)(B). Pub. L. 110–246, § 7404(a)(3), inserted “or the District of Columbia” after “area”.

2002

Subsec. (d)(4). Pub. L. 107–171 added par. (4) and struck out heading and text of former par. (4). Text read as follows: “In lieu of the matching funds requirement of paragraph (1), the Commonwealth of Puerto Rico, the Virgin Islands, and Guam shall be subject to the same matching funds requirements as those applicable to an eligible institution under section 3222d of this title.”

1998

Subsec. (b)(1). Pub. L. 105–185, § 104(b)(1), made technical amendment to reference in original act which appears in text as reference to subsection (c)(3) of this section.

Subsec. (c)(1), (2). Pub. L. 105–185, § 104(a)(1)(A), redesignated pars. 1 and 2 as (1) and (2), respectively.

Subsec. (c)(3). Pub. L. 105–185, § 104(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “Not more than 25 per centum shall be allotted to the States for cooperative research in which two or more State agricultural experiment stations are cooperating to solve problems that concern the agriculture of more than one State. The funds available for such purposes, together with funds available pursuant to subsection (b) of this section for like purpose shall be designated as the ‘Regional research fund, State agricultural experiment stations’;”.

Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 3 as (3).

Subsec. (c)(4), (5). Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 5 as (4).

Subsec. (d). Pub. L. 105–185, § 203(a), added subsec. (d) and struck out former subsec. (d) which read as follows: “Of any amount in excess of $90,000 available under sections 361a to 361i of this title for allotment to any State, exclusive of the regional research fund, State agricultural experiment stations, no allotment and no payments thereof shall be made in excess of the amount which the State makes available out of its own funds for research and for the establishment and maintenance of facilities necessary for the prosecution of such research: And provided further, That if any State fails to make available for such research purposes for any fiscal year a sum equal to the amount in excess of $90,000 to which it may be entitled for such year, the remainder of such amount shall be withheld by the Secretary of Agriculture and reapportioned among the States.”

Subsec. (d)(1). Pub. L. 105–277, § 101(a) [title VII, § 753(d)(1)], substituted “Except as provided in paragraph (4), no” for “No”.

Subsec. (d)(4). Pub. L. 105–277, § 101(a) [title VII, § 753(d)(2)], added par. (4).

Subsec. (e). Pub. L. 105–185, § 104(b)(2), substituted “subsection (c)(3)” for “subsection (c)3”.

Subsec. (h). Pub. L. 105–185, § 104(a)(2), added subsec. (h).

Subsec. (i). Pub. L. 105–185, § 204(a), added subsec. (i).

1996

Subsec. (c)(3). Pub. L. 104–127 struck out “, and shall be used only for such cooperative regional projects as are recommended by a committee of nine persons elected by and representing the directors of the State agricultural experiment stations, and approved by the Secretary of Agriculture. The necessary travel expenses of the committee of nine persons in performance of their duties may be paid from the fund established by this paragraph” before semicolon at end.

1990

Subsec. (d). Pub. L. 101–624 inserted before period at end “and reapportioned among the States”.

1981

Subsec. (g). Pub. L. 97–98 added subsec. (g).

1977

Subsec. (c)(4). Pub. L. 95–113, § 1466(a), struck out par. (4) which provided that not less than 20 per centum of any sums appropriated pursuant to subsec. (c) for distribution to States be used for conducting marketing research projects approved by the Department of Agriculture.

Subsec. (c)(5). Pub. L. 95–113, § 1466(b), inserted provision authorizing the use of administrative funds for the 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.

1972

Subsec. (b). Pub. L. 92–318 designated existing provisions as par. (1) and added par. (2).

1955

Act , amended section generally to authorize appropriations and to provide for allotment of grants. For provisions which related to advice and assistance by the Secretary of Agriculture, see section 361g of this title.

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 Pub. L. 105–277 effective , see section 101(a) [title VII, § 753(f)] of Pub. L. 105–277, set out as a note under section 343 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 of 1977 Amendment

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

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–318 effective after , see section 506(n) of Pub. L. 92–318, set out as an Effective Date note under section 326a of this title.

Credits

1887–2018 · 13 acts
  1. 1887Mar. 2, 1887, ch. 314, § 3, 24 Stat. 441
  2. 1955Aug. 11, 1955, ch. 790, § 1, 69 Stat. 671
  3. 1972Pub. L. 92–318, title V, § 506(l), , 86 Stat. 351
  4. 1977Pub. L. 95–113, title XIV, § 1466, , 91 Stat. 1018
  5. 1981Pub. L. 97–98, title XIV, § 1442(a), , 95 Stat. 1321
  6. 1990Pub. L. 101–624, title XVI, § 1618(a), , 104 Stat. 3733
  7. 1996Pub. L. 104–127, title VIII, § 869, , 110 Stat. 1175
  8. 1998Pub. L. 105–185, title I, § 104, title II, §§ 203(a), 204(a), , 112 Stat. 529, 533, 535
  9. 1998Pub. L. 105–277, div. A, § 101(a) [title VII, § 753(d)], , 112 Stat. 2681, 2681–33
  10. 2002Pub. L. 107–171, title VII, § 7213(a), , 116 Stat. 448
  11. 2008Pub. L. 110–234, title VII, § 7404(a), , 122 Stat. 1246
  12. 2008Pub. L. 110–246, § 4(a), title VII, § 7404(a), , 122 Stat. 1664, 2008
  13. 2018Pub. L. 115–334, title VII, § 7612(b)(1), , 132 Stat. 4832.
Show as published

(Mar. 2, 1887, ch. 314, § 3, 24 Stat. 441; Aug. 11, 1955, ch. 790, § 1, 69 Stat. 671; Pub. L. 92–318, title V, § 506(l), , 86 Stat. 351; Pub. L. 95–113, title XIV, § 1466, , 91 Stat. 1018; Pub. L. 97–98, title XIV, § 1442(a), , 95 Stat. 1321; Pub. L. 101–624, title XVI, § 1618(a), , 104 Stat. 3733; Pub. L. 104–127, title VIII, § 869, , 110 Stat. 1175; Pub. L. 105–185, title I, § 104, title II, §§ 203(a), 204(a), , 112 Stat. 529, 533, 535; Pub. L. 105–277, div. A, § 101(a) [title VII, § 753(d)], , 112 Stat. 2681, 2681–33; Pub. L. 107–171, title VII, § 7213(a), , 116 Stat. 448; Pub. L. 110–234, title VII, § 7404(a), , 122 Stat. 1246; Pub. L. 110–246, § 4(a), title VII, § 7404(a), , 122 Stat. 1664, 2008; Pub. L. 115–334, title VII, § 7612(b)(1), , 132 Stat. 4832.)

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