§ 3222. — Agricultural research at 1890 landgrant colleges, including Tuskegee University.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3222]
TITLE 7--AGRICULTURE
CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
Sec. 3222. Agricultural research at 1890 land-grant colleges,
including Tuskegee University
(a) Authorization of appropriations
(1) In general
There are 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
August 30, 1890 (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 25 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) of this section to those eligible institutions for
which no deduction under clause (i) has been taken for that
fiscal year.
(b) Allocation and distribution of appropriated funds
Beginning with the fiscal year ending September 30, 1979, the 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. 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.
(2) The remainder shall be allotted among the eligible
institutions as follows:
(A) Funds up to the total amount made available to all
eligible institutions in the fiscal year ending September 30,
1978, under section 450i of this title, shall be allocated among
the eligible institutions in the same proportion as funds made
available under section 450i of this title, for the fiscal year
ending September 30, 1978, are allocated among the eligible
institutions.
(B) 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.
(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 September 29, 1977.
(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) of this section 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.
(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 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) 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 September
29, 1977, 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.
(Pub. L. 95-113, title XIV, Sec. 1445, Sept. 29, 1977, 91 Stat. 1009;
Pub. L. 95-547, Oct. 28, 1978, 92 Stat. 2063; Pub. L. 97-98, title XIV,
Sec. 1432(a), Dec. 22, 1981, 95 Stat. 1311; Pub. L. 99-198, title XIV,
Sec. 1417, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 105-185, title I,
Sec. 103(f)(3)(B), title II, Secs. 225(b), 226(b), (c)(3), June 23,
1998, 112 Stat. 528, 541, 543; Pub. L. 105-362, title I, Sec. 101(e),
Nov. 10, 1998, 112 Stat. 3281; Pub. L. 107-171, title VII,
Secs. 7203(b), 7204, May 13, 2002, 116 Stat. 438.)
References in Text
Act of August 30, 1890, 26 Stat. 417, as amended, 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 (Sec. 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.
Amendments
2002--Subsec. (a). Pub. L. 107-171, Sec. 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, 7 U.S.C. 450i).''
Subsec. (a)(5). Pub. L. 107-171, Sec. 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, Sec. 226(c)(3)(A), substituted ``University''
for ``Institute'' in section catchline.
Subsec. (a). Pub. L. 105-185, Sec. 226(c)(3)(B), substituted
``Tuskegee University'' for ``Tuskegee Institute'' in first sentence.
Subsec. (b)(2)(B). Pub. L. 105-185, Sec. 226(c)(3)(B), substituted
``Tuskegee University'' for ``Tuskegee Institute''.
Subsec. (c). Pub. L. 105-185, Sec. 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, Sec. 101(e)(1), struck out ``(1)''
before ``On or before''.
Subsec. (g)(2). Pub. L. 105-362, Sec. 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, Sec. 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, Sec. 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, Sec. 226(b)(2), redesignated par.
(4) as (2).
1985--Subsec. (a). Pub. L. 99-198, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 section 450i 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.
Effective Date of 1998 Amendment
Amendment by section 225(b) of Pub. L. 105-185 effective Oct. 1,
1999, 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 Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
West Virginia State College, Institute, West Virginia
Pub. L. 106-78, title I, Oct. 22, 1999, 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
Section 1432(b) of Pub. L. 97-98, as amended by Pub. L. 99-198,
title XIV, Sec. 1432, Dec. 23, 1985, 99 Stat. 1557; Pub. L. 101-624,
title XVI, Sec. 1601(c), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104-127,
title VIII, Sec. 887, Apr. 4, 1996, 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, Sec. 302(b), June 23, 1998, 112
Stat. 563.
Section Referred to in Other Sections
This section is referred to in sections 450i, 3222d of this title;
title 40 section 525.
