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Title 7 — Agriculture

Chapter 88 — Research

§ 5921. Biotechnology risk assessment research

Statutory text

(a)

Purpose

It is the purpose of this section—

(1)

to authorize and support environmental assessment research to help identify and analyze environmental effects of biotechnology; and

(2)

to authorize research to help regulators develop long-term policies concerning the introduction of such technology.

(b)

Grant program

The Secretary of Agriculture shall establish a grant program within the National Institute of Food and Agriculture and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered animals, plants, and microorganisms into the environment.

(c)

Research priorities

The following types of research shall be given priority for funding:

(1)

Research designed to identify and develop appropriate management practices to minimize physical and biological risks associated with genetically engineered animals, plants, and microorganisms.

(2)

Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and microorganisms.

(3)

Research designed to further existing knowledge with respect to the characteristics, rates, and methods of gene transfer that may occur between genetically engineered animals, plants, and microorganisms and related wild and agricultural organisms.

(4)

Environmental assessment research designed to provide analysis which compares the relative impacts of animals, plants, and microorganisms modified through genetic engineering to other types of production systems.

(5)

Other areas of research designed to further the purposes of this section.

(d)

Eligibility requirements

Grants under this section shall be—

(1)

made on the basis of the quality of the proposed research project; and

(2)

available to any public or private research or educational institution or organization.

(e)

Consultation

In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service and the National Agricultural Research, Extension, Education, and Economics Advisory Board.

(f)

Program coordination

The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities.

(g)

Authorization of appropriations

(1)

In general

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

(2)

Withholdings from biotechnology outlays

The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as defined and determined by the Secretary, at least 2 percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment.

(3)

Application of funds

Funds made available under this subsection shall be applied, to the maximum extent practicable, to risk assessment research on all categories identified in subsection (c).

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

    Pub. L. 101–624 title XVI § 1668 · 104 Stat. 3359

    Enacted · 7 U.S.C. § 5921

    Pub. L. 101–624, title XVI, § 1668, Nov. 28, 1990, 104 Stat. 3767

    Source evidence

    Code source credit
    Pub. L. 101–624, title XVI, § 1668, Nov. 28, 1990, 104 Stat. 3767

    Enacted provision · exact public law section
    SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH. (a) Purpose.— It is the purpose of this section to— (1) authorize and support environmental assessment research to the extent necessary to help address general concerns about environmental effects of biotechnology; and (2) authorize research to help regulators develop policies, as soon as practicable, concerning the introduction into the environment of such technology. (b) Grant Program.— The Secretary of Agriculture shall establish a grant program within the Cooperative State Research Service and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered organisms into the environment. (c) Types of Research.— Types of research for which grants may be made under this section shall include the following: (1) Research designed to develop methods to physically and biologically contain genetically engineered animals, plants, and microorganisms once they are introduced into the environment. (2) Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and micro-organisms. (3) Research designed to further existing knowledge with respect to the rates and methods of gene transfer that may occur between genetically engineered organisms and related wild and agricultural organisms. (4) Other areas of research designed to further the purposes of this section. (d) Eligibility Requirements.— Grants under this section shall be— (1) made on the basis of the quality of the proposed research project; and (2) available to any public or private research or educational institution or organization. (e) Consultation.— In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service, the Office of Agricultural Biotechnology, and the Agricultural Biotechnology Research Advisory Committee. (f) Program Coordination.— The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities. (g) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated such sums as necessary to carry out this section. (2) Witholdings from biotechnology outlays.— The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as defined and determined by the Secretary, at least one percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment.

  2. Pub. L. 102–237 title IV § 407(9) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 5921(g)(2)

    Pub. L. 102–237 substituted “Withholdings” for “Witholdings” in heading

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 102–237 substituted “Withholdings” for “Witholdings” in heading.

    Enacted provision · exact public law section
    (9) in section 1668(g)(2) (7 U.S.C. 5921(g)(2)), by striking “WITHOLDINGS” and inserting “WITHHOLDINGS”;

  3. Pub. L. 107–171 title VII § 7210 · 116 Stat. 134

    1. Amended · 7 U.S.C. § 5921

      Pub. L. 107–171 reenacted section catchline and amended text generally

    2. Substituted · 7 U.S.C. § 5921

      Pub. L. 107–171 reenacted section catchline and substituting substantially similar provisions in subsecs. (a), (b), and (d) to (g)

    3. Substituted · 7 U.S.C. § 5921

      Pub. L. 107–171 reenacted section catchline and substituting in subsec. (c), provisions relating to research priorities for provisions relating to types of research

    Source evidence

    Code amendment note
    Pub. L. 107–171 reenacted section catchline and amended text generally, substituting substantially similar provisions in subsecs. (a), (b), and (d) to (g), and substituting in subsec. (c), provisions relating to research priorities for provisions relating to types of research.

    Enacted provision · exact public law section
    SEC. 7210. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH. Section 1668 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921) is amended to read as follows: “(a) Purpose.— It is the purpose of this section— “(1) to authorize and support environmental assessment research to help identify and analyze environmental effects of biotechnology; and “(2) to authorize research to help regulators develop longterm policies concerning the introduction of such technology. “(b) Grant Program.— The Secretary of Agriculture shall establish a grant program within the Cooperative State Research, Education, and Extension Service and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered animals, plants, and microorganisms into the environment. “(c) Research Priorities.— The following types of research shall be given priority for funding: “(1) Research designed to identify and develop appropriate management practices to minimize physical and biological risks associated with genetically engineered animals, plants, and microorganisms. “(2) Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and microorganisms. “(3) Research designed to further existing knowledge with respect to the characteristics, rates, and methods of gene transfer that may occur between genetically engineered animals, plants, and microorganisms and relatea wild and agricultural organisms. “(4) Environmental assessment research designed to provide analysis which compares the relative impacts of animals, plants, and microorganisms modified through genetic engineering to other types of production systems. “(5) Other areas of research designed to further the purposes of this section. “(d) Eligibility Requirements.— Grants under this section shall be— “(1) made on the basis of the quality of the proposed research project; and “(2) available to any public or private research or educational institution or organization. “(e) Consultation.— In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service and the National Agricultural Research, Extension, Education, and Economics Advisory Board. “(f) Program Coordination.— The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities. “(g) Authorization of Appropriations.— “(1) In general.— There are authorized to be appropriated such sums as necessary to carry out this section. “(2) Withholdings from biotechnology outlays.— The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as denned and determined by the Secretary, at least 2 percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment. “(3) Application of Funds.— Funds made available under this subsection shall be applied, to the maximum extent practicable, to risk assessment research on all categories identified in subsection (c).”.

  4. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 7511(c)(21) · 122 Stat. 1651

    Substituted · 7 U.S.C. § 5921(b)

    Pub. L. 110–246, § 7511(c)(21), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–246, § 7511(c)(21), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”.

    Enacted provision · exact public law section
    (21) Section 1668(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(b)) is amended by striking “Cooperative State Research, Education, and Extension Service” and inserting “National Institute of Food and Agriculture”.

    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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(21) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Codification

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

Amendments1991–2008 · 3 rounds

2008

Subsec. (b). Pub. L. 110–246, § 7511(c)(21), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”.

2002

Pub. L. 107–171 reenacted section catchline and amended text generally, substituting substantially similar provisions in subsecs. (a), (b), and (d) to (g), and substituting in subsec. (c), provisions relating to research priorities for provisions relating to types of research.

1991

Subsec. (g)(2). Pub. L. 102–237 substituted “Withholdings” for “Witholdings” in heading.

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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by section 7511(c)(21) of Pub. L. 110–246 effective , see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

Credits

1990–2008 · 5 acts
  1. 1990Pub. L. 101–624, title XVI, § 1668, , 104 Stat. 3767
  2. 1991Pub. L. 102–237, title IV, § 407(9), , 105 Stat. 1865
  3. 2002Pub. L. 107–171, title VII, § 7210, , 116 Stat. 446
  4. 2008Pub. L. 110–234, title VII, § 7511(c)(21), , 122 Stat. 1269
  5. 2008Pub. L. 110–246, § 4(a), title VII, § 7511(c)(21), , 122 Stat. 1664, 2031.
Show as published

(Pub. L. 101–624, title XVI, § 1668, , 104 Stat. 3767; Pub. L. 102–237, title IV, § 407(9), , 105 Stat. 1865; Pub. L. 107–171, title VII, § 7210, , 116 Stat. 446; Pub. L. 110–234, title VII, § 7511(c)(21), , 122 Stat. 1269; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(21), , 122 Stat. 1664, 2031.)

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