§ 3222. Agricultural research at 1890 land-grant colleges, including Tuskegee University

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(a)Authorization of appropriations

(1)In general There are hereby 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 30 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) to those eligible institutions for which no deduction under clause

(i)has been taken for that fiscal year.

(b)Distribution of funds

(1)In general Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.

(2)Administration 3 percent 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.

(3)Distributions

(A)In general After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph.

(B)Base amount Funds up to the total amount made available to all eligible institutions in the fiscal year ending September 30, 1978, under section 3157 of this title, shall be allocated among the eligible institutions in the same proportion as funds made available under section 3157 of this title, for the fiscal year ending September 30, 1978, were allocated among the eligible institutions, as so designated as of that date.

(C)Additional amount Except as provided in subparagraph (D), 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.

(D)Special amounts

(i)Definitions In this subparagraph:

(I)Covered fiscal year The term “covered fiscal year” means the fiscal year for which the qualified eligible institution first received an allocation of $3,000,000 under clause (ii)(I).

(II)Other eligible institution The term “other eligible institution” means an eligible institution, other than the qualified eligible institution, receiving an allocation of funds under this section.

(III)Qualified eligible institution The term “qualified eligible institution” means the eligible institution described in clause (ii)(I).

(ii)Fiscal year 2019, 2020, 2021, or 2022

(I)In general Subject to subclause (II), for 1 of fiscal year 2019, 2020, 2021, or 2022, if the calculation under subparagraph

(C)would result in a distribution for a fiscal year of less than $3,000,000 to an eligible institution that first received funds under this section on a date occurring after February 7, 2014, and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that fiscal year.

(II)Limitation Subclause

(I)shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year.

(iii)Subsequent fiscal years

(I)Minimum additional funding amounts Subject to subclauses

(II)and (III), for each fiscal year following the covered fiscal year—

(aa)the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and

(bb)each other eligible institution shall receive an allocation under this paragraph of at least the amount received by such other eligible institution under this subsection for the covered fiscal year.

(II)Shortfall of special amounts

(aa)Applicability This subclause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this subsection is insufficient to provide for the minimum additional funding amounts described in subclause (I).

(bb)Reductions in allocations In the case of a fiscal year to which this subclause applies, reductions in allocations shall be made proportionally from the qualified eligible institution and from each other eligible institution based on the increased amounts (if any) that the qualified eligible institution and each other eligible institution were allocated for the covered fiscal year as compared to the fiscal year immediately preceding the covered fiscal year.

(III)Effect of census Subclauses

(I)and

(II)shall not apply in any fiscal year for which a shortfall in the minimum additional funding amounts described in subclause

(I)is attributable to the incorporation of new census data into the calculation under paragraph (3)(C), as determined by the Secretary.

(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)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)A summary of planned projects or programs in the State using formula funds.

(B)A description of matching funds provided by the State with respect to the previous fiscal year.

(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. 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, § 1445, Sept. 29, 1977, 91 Stat. 1009; Pub. L. 95–547, Oct. 28, 1978, 92 Stat. 2063; Pub. L. 97–98, title XIV, § 1432(a), Dec. 22, 1981, 95 Stat. 1311; Pub. L. 99–198, title XIV, § 1417, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 105–185, title I, § 103(f)(3)(B), title II, §§ 225(b), 226(b), (c)(3), June 23, 1998, 112 Stat. 528, 541, 543; Pub. L. 105–362, title I, § 101(e), Nov. 10, 1998, 112 Stat. 3281; Pub. L. 107–171, title VII, §§ 7203(b), 7204, May 13, 2002, 116 Stat. 438;

Pub. L. 110–234, title VII, §§ 7122, 7404(b)(2)(A)(ii), May 22, 2008, 122 Stat. 1222, 1247; Pub. L. 110–246, § 4(a), title VII, §§ 7122, 7404(b)(2)(A)(ii), June 18, 2008, 122 Stat. 1664, 1983, 2008; Pub. L. 115–334, title VII, §§ 7115(b), 7612(c)(2), Dec. 20, 2018, 132 Stat. 4787, 4832.)

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