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7 U.S.C. § 361cAuthorization of appropriations and allotments of grants

submitted 139 years ago by ch. 314 to r/title-7-AGRICULTURE · 1,610 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress funds state agricultural research stations every year through formula-based grants. States must match federal money with their own funds. A share of the funding goes toward multi-state cooperative research projects.

(a) Authorization Congress can appropriate whatever amount it decides is needed, from year to year, to fund sections 361a through 361i. (b) Allotments to States; authorization of appropriations for Virgin Islands and Guam; limitation (1) Each year, every state gets at least as much money as it received in federal funds for the 1955 fiscal year, under the same rules for how it must be used for marketing research. A special "Regional research fund" continues to support cooperative regional research projects (defined in subsection (c)(3)) — it's renamed the "Regional research fund, State agricultural experiment stations." The Secretary of Agriculture also gets at least as much as was available for administering this program in fiscal year 1955. If total funding in any year is less than the 1955 amount, every state's share — and the amounts for federal administration and the regional research fund — gets reduced proportionally. (2) Starting with fiscal year 1973, Congress also authorizes $100,000 each year for the Virgin Islands and Guam, on top of what other states and Puerto Rico get. Except for fiscal years 1971 and 1972 (when this money could cover their entire program cost), federal payments to the Virgin Islands and Guam under this rule can't exceed what each territory has actually budgeted to spend on this program that year. (c) Allotment of additional sums Any extra money Congress appropriates, beyond what's described in subsection (b), gets divided this way: (1) 20% is split equally among all states; (2) at least 52% is split based on population — half according to each state's share of the country's total rural population (from the latest census), and half according to each state's share of the country's total farm population; (3) at least 25% goes to states for cooperative, multi-disciplinary research — where one state's experiment station works with another state's station, with the Agricultural Research Service, or with a college or university, to solve problems affecting more than one state; this money (together with related funds under subsection (b)) is called the "Multistate Research Fund"; and (4) 3% goes to the Secretary of Agriculture to administer this program, which can include paying travel costs for outside scientists attending research-planning meetings. (d) Matching funds (1) Normally, a state cannot receive its full allotment under subsections (b) or (c) unless it matches that amount with its own non-federal money, spent on agricultural research and related facilities. (2) If a state doesn't provide enough matching funds in a given year, the Secretary withholds the difference between what the state would have received with full matching, and what it actually provided. (3) The Secretary then redistributes that withheld money to other states that did meet their matching requirement that year — those states must still meet the matching rule for the redistributed amount too. (4) Exception: starting in fiscal year 2003, Puerto Rico, Guam, the Virgin Islands, and the District of Columbia only need to match 50% of their formula funds (instead of the full matching rule), and the Secretary can waive even that requirement for a given year if it looks unlikely they can meet it. (e) "Administration" defined "Administration," as used in this section, includes planning and coordinating the cooperative regional research described in subsection (c)(3). (f) Adjustment of payments The Secretary of Agriculture can round any payment to a state to the nearest dollar. (g) Reductions and reapportionments If a state cuts its own funding (including revenue-sharing money) to its experiment station because its federal allotment went up, then that state's allotment gets cut by the same amount the following year — and the Secretary redistributes that cut amount to other states' experiment stations. (h) Peer review Research done under the multistate cooperative program (subsection (c)(3)) must go through scientific peer review. Passing that review also satisfies a separate merit-review requirement found in section 7613(e). (i) Integration of research and extension (1) Each year, a state must spend a minimum share of its federal formula funds — from this program and from a related section 343 program — on activities that combine cooperative research with agricultural extension work ("integrated activities"). (2)(A) The Secretary figured out, for fiscal year 1997, what percentage of each state's formula funds actually went toward integrated activities. (B) Starting in fiscal year 2000, each state must spend at least the lesser of: 25%, or twice its 1997 percentage, on integrated activities. (C) The Secretary can lower this minimum for a state facing hardship, impossibility, or similar circumstances beyond its control. (3) This requirement doesn't apply to: (A) state or local matching funds; (B) funds going to a "1994 Institution" (a specific category of land-grant college defined elsewhere); or (C) funds going to Puerto Rico, the Virgin Islands, or Guam. (4) Funds a state spends on integrated activities to meet this requirement can also count toward the separate multistate-research requirements in subsection (c)(3) and in section 343(h), for the same year.
the actual law source: uscode.house.gov ↗public domain
(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 June 30, 1955: 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 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 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 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 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.

Source credit: (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), June 23, 1972, 86 Stat. 351; Pub. L. 95–113, title XIV, § 1466, Sept. 29, 1977, 91 Stat. 1018; Pub. L. 97–98, title XIV, § 1442(a), Dec. 22, 1981, 95 Stat. 1321; Pub. L. 101–624, title XVI, § 1618(a), Nov. 28, 1990, 104 Stat. 3733; Pub. L. 104–127, title VIII, § 869, Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105–185, title I, § 104, title II, §§ 203(a), 204(a), June 23, 1998, 112 Stat. 529, 533, 535; Pub. L. 105–277, div. A, § 101(a) [title VII, § 753(d)], Oct. 21, 1998, 112 Stat. 2681, 2681–33; Pub. L. 107–171, title VII, § 7213(a), May 13, 2002, 116 Stat. 448; Pub. L. 110–234, title VII, § 7404(a), May 22, 2008, 122 Stat. 1246; Pub. L. 110–246, § 4(a), title VII, § 7404(a), June 18, 2008, 122 Stat. 1664, 2008; Pub. L. 115–334, title VII, § 7612(b)(1), Dec. 20, 2018, 132 Stat. 4832.)

history & why it existsrecord from the source credit
  • 1887Enacted · Act of Mar. 2, 1887, ch. 314 · 24 Stat. 441
  • 1955Amended · Act of Aug. 11, 1955, ch. 790 · 69 Stat. 671
  • 1972Amended · Pub. L. 92-318 · 86 Stat. 351
  • 1977Amended · Pub. L. 95-113 · 91 Stat. 1018
  • 1981Amended · Pub. L. 97-98 · 95 Stat. 1321
  • 1990Amended · Pub. L. 101-624 · 104 Stat. 3733
  • 1996Amended · Pub. L. 104-127 · 110 Stat. 1175
  • 1998Amended · Pub. L. 105-185 · 112 Stat. 529, 533, 535
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681, 2681
  • 2002Amended · Pub. L. 107-171 · 116 Stat. 448
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1246
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2008
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4832

A history note hasn’t been published yet. The record shows enactment by ch. 314 on 1887-03-02.

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