§ 3196. — Research on national and regional animal health or disease problems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3196]
TITLE 7--AGRICULTURE
CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
SUBCHAPTER V--ANIMAL HEALTH AND DISEASE RESEARCH
Sec. 3196. Research on national and regional animal health or
disease problems
(a) Authorization of appropriations
There are authorized to be appropriated such funds as Congress may
determine necessary to support research on specific national or regional
animal health or disease problems, or national or regional problems
relating to pre-harvest, on-farm food safety, or animal well-being, but
not to exceed $35,000,000 for each of the fiscal years 1991 through
2007, and not in excess of such sums as may after September 29, 1977, be
authorized by law for any subsequent fiscal year.
(b) Duration of grants
Notwithstanding the provisions of section 3197 of this title, funds
appropriated under this section shall be awarded in the form of grants,
for periods not to exceed five years, to State agricultural experiment
stations, colleges and universities, other research institutions and
organizations, Federal agencies, private organizations or corporations,
and individuals.
(c) Establishment of annual priority lists for allocation of funds
In order to establish a rational allocation of funds appropriated
under this section, the Secretary shall establish annually priority
lists of animal health and disease, food safety, and animal well-being
problems of national or regional significance. Such lists shall be
prepared after consultation with the Advisory Board. Any recommendations
made in connection with such consultation shall not be controlling on
the Secretary's determination of priorities. In establishing such
priorities, the Secretary and the Advisory Board shall consider the
following factors:
(1) any health or disease problem which causes or may cause
significant economic losses to any part of the livestock production
industry;
(2) any food safety problem that has a significant pre-harvest
(on-farm) component and is recognized as posing a significant health
hazard to the consuming public;
(3) issues of animal well-being related to production methods
that will improve the housing and management of animals to improve
the well-being of livestock production species;
(4) whether current scientific knowledge necessary to prevent,
cure, or abate such a health or disease problem is adequate; and
(5) whether the status of scientific research is such that
accomplishments may be anticipated through the application of
scientific effort to such health or disease problem.
(d) Assignment of priorities for grants
Without regard to any consultation under subsection (c) of this
section, the Secretary shall, to the extent feasible, award grants on
the basis of the priorities assigned through a peer review system.
Grantees shall be selected on a competitive basis in accordance with
such procedures as the Secretary may establish.
(e) Distribution of multiyear grants
In the case of multiyear grants, the Secretary shall distribute
funds to grant recipients on a schedule which is reasonably related to
the timetable required for the orderly conduct of the research project
involved.
(f) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII
of this Act [7 U.S.C. 2281 et seq.] shall not apply to a panel or board
created solely for the purpose of reviewing applications or proposals
submitted under this subchapter.
(Pub. L. 95-113, title XIV, Sec. 1434, Sept. 29, 1977, 91 Stat. 1004;
Pub. L. 97-98, title XIV, Sec. 1430, Dec. 22, 1981, 95 Stat. 1309; Pub.
L. 99-198, title XIV, Sec. 1414(c), Dec. 23, 1985, 99 Stat. 1549; Pub.
L. 101-624, title XVI, Sec. 1601(b)(2), Nov. 28, 1990, 104 Stat. 3703;
Pub. L. 104-127, title VIII, Secs. 812, 852(b)(5), Apr. 4, 1996, 110
Stat. 1165, 1171; Pub. L. 105-185, title III, Sec. 301(a)(8), title VI,
Sec. 606(d)(3), June 23, 1998, 112 Stat. 562, 604; Pub. L. 107-171,
title VII, Sec. 7108, May 13, 2002, 116 Stat. 432.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Title XVIII of this Act, referred to in subsec. (f), is title XVIII
of the Food and Agriculture Act of 1977, Pub. L. 95-113, Sept. 29, 1977,
91 Stat. 1041, as amended, which is classified generally to chapter 55A
(Sec. 2281 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title of 1977 Amendment note set out under
section 1281 of this title and Tables.
Amendments
2002--Subsec. (a). Pub. L. 107-171 substituted ``2007'' for
``2002''.
1998--Subsec. (a). Pub. L. 105-185, Sec. 301(a)(8), substituted
``2002'' for ``1997''.
Subsec. (c). Pub. L. 105-185, Sec. 606(d)(3), struck out ``and the
Board'' after ``Advisory Board'' in second sentence and substituted
``and the Advisory Board'' for ``, the Advisory Board, and the Board''
in fourth sentence.
1996--Subsec. (a). Pub. L. 104-127, Sec. 812(1), inserted ``or
national or regional problems relating to pre-harvest, on-farm food
safety, or animal well-being,'' after ``problems,'' and substituted
``1997'' for ``1995''.
Subsec. (b). Pub. L. 104-127, Sec. 812(2), substituted ``State
agricultural experiment stations, colleges and universities, other
research institutions and organizations, Federal agencies, private
organizations or corporations, and individuals'' for ``eligible
institutions''.
Subsec. (c). Pub. L. 104-127, Sec. 852(b)(5), in introductory
provisions, substituted ``after consultation with the Advisory Board''
for ``after consultation with the Joint Council, the Advisory Board,''
and ``the Secretary, the Advisory Board,'' for ``the Secretary, the
Joint Council, the Advisory Board,''.
Pub. L. 104-127, Sec. 812(3)(A), in introductory provisions,
inserted ``, food safety, and animal well-being'' after ``animal health
and disease''.
Subsec. (c)(2) to (5). Pub. L. 104-127, Sec. 812(3)(B), added pars.
(2) and (3) and redesignated former pars. (2) and (3) as (4) and (5),
respectively.
Subsec. (d). Pub. L. 104-127, Sec. 812(4), struck out ``to eligible
institutions'' after ``award grants''.
Subsec. (f). Pub. L. 104-127, Sec. 812(5), added subsec. (f).
1990--Subsec. (a). Pub. L. 101-624 substituted ``for each of the
fiscal years 1991 through 1995,'' for ``annually for the period
beginning October 1, 1981, and ending September 30, 1990,''.
1985--Subsec. (a). Pub. L. 99-198 substituted ``1990'' for ``1985''.
1981--Subsec. (a). Pub. L. 97-98, Sec. 1430(a), substituted ``as
Congress may determine necessary to support research on specific
national or regional animal health or disease problems, but not to
exceed $35,000,000 annually for the period beginning October 1, 1981,
and ending September 30, 1985, and not in excess of such sums as may
after September 29, 1977, be authorized by law for any subsequent fiscal
year'' for ``, not to exceed $15,000,000 annually, as Congress may
determine necessary to support research on specific national or regional
animal health or disease problems''.
Subsec. (b). Pub. L. 97-98, Sec. 1430(b), substituted provisions
that funds appropriated under this section shall be awarded in the form
of grants, for periods not to exceed five years, to eligible
institutions for provisions that such funds shall be allocated by the
Secretary to eligible institutions for work to be done, as mutually
agreed upon between the Secretary and the eligible institution or
institutions and that the Secretary shall consult the Board in
developing plans for the use of these funds whenever possible.
Subsecs. (c) to (e). Pub. L. 97-98, Sec. 1430(c), added subsecs. (c)
to (e).
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
Section Referred to in Other Sections
This section is referred to in sections 3200, 3311 of this title.