§ 3221. Extension at 1890 land-grant colleges, in-
cluding Tuskegee University
(a) Authorization of appropriations
(1) In general
There are hereby authorized to be appro-
priated annually such sums as Congress may
determine necessary to support continuing ag-
ricultural and forestry extension at colleges
eligible to receive funds under the Act of Au-
gust 30, 1890 (26 Stat. 417–419, as amended; 7
U.S.C. 321–326 and 328), including Tuskegee
University (hereinafter in this section referred
to as ‘‘eligible institutions’’).
(2) Minimum amount
Beginning with fiscal year 2003, there shall
be appropriated under this section for each fis-
cal year an amount that is not less than 20
percent of the total appropriations for such
year under the Act of May 8, 1914 (7 U.S.C. 341
et seq.), and related acts pertaining to cooper-
ative extension work at the land-grant institu-
tions identified in the Act of May 8, 1914 (38
Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), ex-
cept that for the purpose of this calculation,
the total appropriations shall not include
amounts made available under section 3(d) of
that Act (7 U.S.C. 343(d)).
(3) Uses
Funds appropriated under this section shall
be used for expenses of conducting extension
programs and activities, and for contributing
to the retirement of employees subject to the
provisions of section 331 of this title.
(b) Distribution of funds
(1) In general
Funds made available under this section
shall be distributed among eligible institu-
tions in accordance with this subsection.
(2) Base amount
Any funds annually appropriated under this
section up to the amount appropriated for the
fiscal year ending September 30, 1978, pursuant
to section 343(d) of this title, for eligible insti-
tutions, shall be allocated
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Page 1609
TITLE 7—AGRICULTURE
§ 3221
Editorial Notes
AMENDMENTS
2014—Pub. L. 113–79 substituted ‘‘under subsection (c)
of section 3195 of this title to carry out subsection (a)
of such section or section 3196 of this title, as applica-
ble,’’ for ‘‘under this subchapter’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1977, see section 1901 of Pub.
L. 95–113, set out as an Effective Date of 1977 Amend-
ment note under section 1307 of this title.
§ 3202. Research and education grants for the
study of antibiotic-resistant bacteria
(a) In general
The Secretary shall provide research and edu-
cation grants, on a competitive basis—
(1) to study the development of antibiotic-
resistant bacteria, including—
(A) movement of antibiotic-resistant bac-
teria into groundwater and surface water;
and
(B) the effect on antibiotic resistance from
various drug use regimens; and
(2) to study and ensure the judicious use of
antibiotics in veterinary and human medicine,
including—
(A) methods and practices of animal hus-
bandry;
(B) safe and effective alternatives to anti-
biotics;
(C) the development of better veterinary
diagnostics to improve decisionmaking; and
(D) the identification of conditions or fac-
tors that affect antibiotic use on farms.
(b) Administration
Paragraphs (4), (7), (8), and (11)(B) of sub-
section (b) of section 3157 of this title shall
apply with respect to the making of grants
under this section.
(c) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section
for each of fiscal years 2008 through 2012.
(Pub. L. 110–234, title VII, § 7521, May 22, 2008, 122
Stat. 1271; Pub. L. 110–246, § 4(a), title VII, § 7521,
June 18, 2008, 122 Stat. 1664, 2033.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Section was enacted as part of the Food, Conserva-
tion, and Energy Act of 2008, and not as part of the Na-
tional Agricultural Research, Extension, and Teaching
Policy Act of 1977 which comprises this chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
this title.
DEFINITION OF ‘‘SECRETARY’’
‘‘Secretary’’ as meaning the Secretary of Agri-
culture, see section 8701 of this title.
SUBCHAPTER VI—1890 LAND-GRANT
COLLEGE FUNDING
§ 3221. Extension at 1890 land-grant colleges, in-
cluding Tuskegee University
(a) Authorization of appropriations
(1) In general
There are hereby authorized to be appro-
priated annually such sums as Congress may
determine necessary to support continuing ag-
ricultural and forestry extension at colleges
eligible to receive funds under the Act of Au-
gust 30, 1890 (26 Stat. 417–419, as amended; 7
U.S.C. 321–326 and 328), including Tuskegee
University (hereinafter in this section referred
to as ‘‘eligible institutions’’).
(2) Minimum amount
Beginning with fiscal year 2003, there shall
be appropriated under this section for each fis-
cal year an amount that is not less than 20
percent of the total appropriations for such
year under the Act of May 8, 1914 (7 U.S.C. 341
et seq.), and related acts pertaining to cooper-
ative extension work at the land-grant institu-
tions identified in the Act of May 8, 1914 (38
Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), ex-
cept that for the purpose of this calculation,
the total appropriations shall not include
amounts made available under section 3(d) of
that Act (7 U.S.C. 343(d)).
(3) Uses
Funds appropriated under this section shall
be used for expenses of conducting extension
programs and activities, and for contributing
to the retirement of employees subject to the
provisions of section 331 of this title.
(b) Distribution of funds
(1) In general
Funds made available under this section
shall be distributed among eligible institu-
tions in accordance with this subsection.
(2) Base amount
Any funds annually appropriated under this
section up to the amount appropriated for the
fiscal year ending September 30, 1978, pursuant
to section 343(d) of this title, for eligible insti-
tutions, shall be allocated among the eligible
institutions in the same proportion as funds
appropriated under section 343(d) of this title
for the fiscal year ending September 30, 1978,
were allocated among the eligible institutions,
as so designated as of that date.
(3) Additional amount
Any funds appropriated annually under this
section in excess of an amount equal to the
amount appropriated under section 343(d) of
this title, for the fiscal year ending September
30, 1978, for eligible institutions, shall be dis-
tributed as follows:
(A) A sum equal to 4 per centum of the
total amount appropriated each fiscal year
under this section shall be allotted to the
Page 1610
TITLE 7—AGRICULTURE
§ 3221
National Institute of Food and Agriculture
of the Department of Agriculture for admin-
istrative, technical, and other services, and
for coordinating the extension work of the
Department of Agriculture and the several
States.
(B) Except as provided in paragraph (4), of
the remainder, 20 per centum shall be allot-
ted among the eligible institutions in equal
proportions; 40 per centum shall be allotted
among the eligible institutions in the pro-
portion that the rural population of the
State in which each eligible institution is lo-
cated bears to the total rural population of
all the States in which eligible institutions
are located, as determined by the last pre-
ceding decennial census current at the time
each such additional sum is first appro-
priated; and the balance shall be allotted
among the eligible institutions in the pro-
portion that the farm population of the
State in which each eligible institution is lo-
cated bears to the total farm population of
all the States in which the eligible institu-
tions are located, as determined by the last
preceding decennial census current at the
time each such additional sum is first appro-
priated.
(C) In computing the distribution of funds
allocated under this paragraph, the allot-
ments to Tuskegee University and Alabama
Agricultural
and
Mechanical
University
shall be determined as if each institution
were in a separate State.
(4) Special amounts
(A) Definitions
In this paragraph:
(i) Covered fiscal year
The term ‘‘covered fiscal year’’ means
the fiscal year for which the qualified eli-
gible institution first received an alloca-
tion of $3,000,000 under subparagraph (B)(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
subparagraph (B)(i).
(B) Fiscal year 2019, 2020, 2021, or 2022
(i) In general
Subject to clause (ii), for 1 of fiscal year
2019, 2020, 2021, or 2022, if the calculation
under paragraph (3)(B) 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
Clause (i) shall apply only if amounts are
appropriated under this section in an
amount sufficient to provide that each
other eligible institution receiving an allo-
cation 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.
(C) Subsequent fiscal years
(i) Minimum additional funding amounts
Subject to clauses (ii) and (iii), for each
fiscal year following the covered fiscal
year—
(I) the qualified eligible institution
shall receive an allocation under this
subsection of at least $3,000,000; and
(II) each other eligible institution
shall receive an allocation under this
subsection of at least the amount re-
ceived by such other eligible institution
under this subsection for the covered fis-
cal year.
(ii) Shortfall of special amounts
(I) Applicability
This clause shall apply to any fiscal
year following the covered fiscal year
and for which the total amount appro-
priated under this section is insufficient
to provide for the minimum additional
funding amounts described in clause (i).
(II) Reductions in allocations
In the case of a fiscal year to which
this clause applies, reductions in alloca-
tions 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
Clauses (i) and (ii) shall not apply in any
fiscal year for which a shortfall in the
minimum additional funding amounts de-
scribed in clause (i) is attributable to the
incorporation of new census data into the
calculation under paragraph (3), as deter-
mined by the Secretary.
(c) Comprehensive program of extension for
each State
The State director of the cooperative exten-
sion service and the extension administrator at
the eligible institution in each State where an
eligible institution is located shall jointly de-
velop, by mutual agreement, a comprehensive
program of extension for such State to be sub-
mitted for approval by the Secretary within one
year after September 29, 1977 and each five years
thereafter.
(d) Ascertainment of entitlement to funds; time
and manner of payment; State reporting re-
quirements; plans of work
(1) Ascertainment of entitlement
On or about the first day of October in each
year after September 29, 1977, the Secretary
Page 1611
TITLE 7—AGRICULTURE
§ 3221
shall ascertain whether each eligible institu-
tion is entitled to receive its share of the an-
nual appropriation for extension work under
this section and the amount which it is enti-
tled to receive. Before the funds herein pro-
vided shall become available to any eligible
institution for any fiscal year, plans for the
work to be carried out under this section shall
be submitted, as part of the State plan of
work, and approved by the Secretary.
(2) Time and manner of payment; related re-
ports
The amount to which an eligible institution
is entitled shall be paid in equal quarterly
payments on or about October 1, January 1,
April 1, and July 1 of each year to the treas-
urer or other officer of the eligible institution
duly authorized to receive such payments and
such officer shall be required to report to the
Secretary on or about the first day of Decem-
ber of each year a detailed statement of the
amount so received during the previous fiscal
year and its disbursement, on forms prescribed
by the Secretary.
(3) Requirements related to plan of work
Each plan of work for an eligible institution
required under this section shall contain de-
scriptions of the following:
(A) A summary of planned projects or pro-
grams in the State using formula funds.
(B) A description of matching funds pro-
vided by the State with respect to the pre-
vious fiscal year.
(4) Extension protocols
(A) In general
The Secretary shall develop protocols to
be
used
to
evaluate
the
success
of
multistate, multi-institutional, and multi-
disciplinary extension activities and joint
research and extension activities in address-
ing critical agricultural issues identified in
the plans of work submitted under this sec-
tion.
(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 pur-
poses
To the maximum extent practicable, the
Secretary shall consider a plan of work sub-
mitted under this section to satisfy other ap-
propriate Federal reporting requirements.
(e) Diminution, loss, or misapplication of funds
If any portion of the moneys received by any
eligible institution for the support and mainte-
nance of extension work as provided in this sec-
tion shall by any action or contingency be di-
minished or lost or be misapplied, it shall be re-
placed by such institution and until so replaced
no subsequent appropriation shall be appor-
tioned or paid to such institution. No portion of
such moneys shall be applied, directly or indi-
rectly, to the purchase, erection, preservation,
or repair of any building or buildings, or the
purchase or rental of land, or in college course
teaching, lectures in college, or any other pur-
pose not specified in this section. It shall be the
duty of such institution, annually, on or about
the first day of January, to make to the Gov-
ernor of the State in which it is located a full
and detailed report of its operations in exten-
sion work, including a detailed statement of re-
ceipts and expenditures from all sources for this
purpose, a copy of which report shall be sent to
the Secretary.
(f) Mailing of correspondence, bulletins, and re-
ports
To the extent that the official mail consists of
correspondence, bulletins, and reports for fur-
therance of the purposes of this section, it shall
be transmitted in the mails of the United
States. Such items may be mailed from a prin-
cipal place of business of each eligible institu-
tion or from an established subunit of such in-
stitution.
(Pub. L. 95–113, title XIV, § 1444, Sept. 29, 1977, 91
Stat. 1007; Pub. L. 97–98, title XIV, § 1431, Dec. 22,
1981, 95 Stat. 1310; Pub. L. 99–198, title XIV,
§ 1415, Dec. 23, 1985, 99 Stat. 1549; Pub. L. 104–127,
title VIII, § 883(b), Apr. 4, 1996, 110 Stat. 1176;
Pub. L. 105–185, title I, § 103(f)(3)(A), title II,
§§ 225(a), 226(c)(2), June 23, 1998, 112 Stat. 528, 540,
543; Pub. L. 107–171, title VII, § 7203(a), May 13,
2002, 116 Stat. 438; Pub. L. 110–234, title VII,
§§ 7121, 7403(c), 7404(b)(2)(A)(i), 7511(c)(12), May 22,
2008, 122 Stat. 1222, 1246, 1247, 1268; Pub. L.
110–246,
§ 4(a),
title
VII,
§§ 7121,
7403(c),
7404(b)(2)(A)(i), 7511(c)(12), June 18, 2008, 122 Stat.
1664, 1983, 2008, 2029; Pub. L. 115–334, title VII,
§§ 7114, 7115(a), 7612(c)(1), Dec. 20, 2018, 132 Stat.
4785, 4832.)
Editorial Notes
REFERENCES IN TEXT
Act of August 30, 1890, 26 Stat. 417, as amended, re-
ferred to in subsec. (a)(1), is popularly known as the
‘‘Agricultural College Act of 1890’’ and also as the ‘‘Sec-
ond Morrill Act’’, and is classified generally to sub-
chapter II (§ 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.
Act of May 8, 1914, 38 Stat. 372, referred to in subsec.
(a)(2), is popularly known as the ‘‘Smith-Lever Act’’,
and is classified generally to subchapter IV (§ 341 et
seq.) of chapter 13 of this title. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 341 of this title and Tables.
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.
AMENDMENTS
2018—Subsec. (a)(4). Pub. L. 115–334, § 7114, struck out
par. (4). Text read as follows: ‘‘No more than 20 per cen-
tum of the funds received by an institution in any fis-
cal year may be carried forward to the succeeding fis-
cal year.’’
Subsec. (b). Pub. L. 115–334, § 7115(a)(4), inserted head-
ing and struck out introductory provisions which read
as follows: ‘‘Beginning with the fiscal year ending Sep-
tember 30, 1979—’’.
Subsec. (b)(1). Pub. L. 115–334, § 7115(a)(4), added par.
(1). Former par. (1) redesignated (2).
Pub. L. 115–334, § 7115(a)(3), substituted ‘‘were allo-
cated’’ for ‘‘are allocated’’ and ‘‘, as so designated as of
that date.’’ for ‘‘; and’’.
Page 1612
TITLE 7—AGRICULTURE
§ 3221
Subsec. (b)(2). Pub. L. 115–334, § 7115(a)(4), redesig-
nated par. (1) as (2), inserted heading, and substituted
‘‘Any funds’’ for ‘‘any funds’’. Former par. (2) redesig-
nated (3).
Subsec. (b)(2)(B). Pub. L. 115–334, § 7115(a)(2)(A), sub-
stituted ‘‘Except as provided in paragraph (4), of the re-
mainder’’ for ‘‘Of the remainder’’.
Subsec. (b)(2)(C). Pub. L. 115–334, § 7115(a)(1), redesig-
nated concluding provisions of subsec. (b) as subpar. (C)
of par. (2) and substituted ‘‘this paragraph’’ for ‘‘para-
graph (2) of this subsection’’.
Subsec. (b)(3). Pub. L. 115–334, § 7115(a)(2)(B), redesig-
nated par. (2) as (3), inserted heading, and substituted
‘‘Any funds’’ for ‘‘any funds’’ in introductory provi-
sions.
Subsec. (b)(4). Pub. L. 115–334, § 7115(a)(5), added par.
(4).
Subsec. (d)(3). Pub. L. 115–334, § 7612(c)(1), added sub-
pars. (A) and (B) and struck out former subpars. (A) to
(E) which read as follows:
‘‘(A) The critical short-term, intermediate, and long-
term agricultural issues in the State in which the eligi-
ble institution is located and the current and planned
extension programs and projects targeted to address
the issues.
‘‘(B) The process established to consult with exten-
sion users regarding the identification of critical agri-
cultural issues in the State and the development of ex-
tension programs and projects targeted to address the
issues.
‘‘(C) The efforts made to identify and collaborate
with 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
and the extent of current and emerging efforts (includ-
ing regional extension efforts) to work with those other
institutions.
‘‘(D) The manner in which research and extension, in-
cluding 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.
‘‘(E) The education and outreach programs already
underway to convey currently available research re-
sults that are pertinent to a critical agricultural issue,
including efforts to encourage multicounty cooperation
in the dissemination of research results.’’
2008—Subsec. (a)(2). Pub. L. 110–246, §§ 7121, 7403(c),
substituted ‘‘20 percent’’ for ‘‘15 percent’’ and ‘‘under
section 3(d) of that Act (7 U.S.C. 343(d))’’ for ‘‘after Sep-
tember 30, 1995, under section 3(d) of that Act (7 U.S.C.
343(d)), to carry out programs or initiatives for which
no funds were made available under section 3(d) of that
Act for fiscal year 1995, or any previous fiscal year, as
determined by the Secretary, and shall not include
amounts made available after September 30, 1995, to
carry out programs or initiatives funded under section
3(d) of that Act prior to that date that are in excess of
the highest amount made available for the programs or
initiatives for fiscal year 1995, or any previous fiscal
year, as determined by the Secretary’’.
Subsec. (b)(2)(A). Pub. L. 110–246, § 7511(c)(12), sub-
stituted ‘‘National Institute of Food and Agriculture’’
for ‘‘Extension Service’’.
Subsec. (f). Pub. L. 110–246, § 7404(b)(2)(A)(i), struck
out ‘‘under penalty indicia: Provided, That each item
shall bear such indicia as are prescribed by the Post-
master General and shall be mailed under such regula-
tions as the Postmaster General may from time to time
prescribe’’ after ‘‘United States’’.
2002—Subsec. (a). Pub. L. 107–171 inserted subsec.
heading, designated first, third, fourth, and fifth sen-
tences as pars. (1) to (4), respectively, inserted head-
ings, struck out ‘‘Beginning with the fiscal year ending
September 30, 1979, and ending with the fiscal year end-
ing September 30, 1981, there shall be appropriated
under this section for each fiscal year an amount not
less than 4 per centum of the total appropriations for
such year under the Act of May 8, 1914 (38 Stat. 372–374,
as amended; 7 U.S.C. 341–349): Provided, That the
amount appropriated for the fiscal year ending Sep-
tember 30, 1979, shall not be less than the amount made
available for the fiscal year ending September 30, 1978,
to such eligible institutions under section 3(d) of the
Act of May 8, 1914 (38 Stat. 373, as amended; 7 U.S.C.
343(d).’’ after ‘‘(hereinafter in this section referred to as
‘eligible institutions’).’’ in par. (1), and substituted
‘‘Beginning with fiscal year 2003, there shall be appro-
priated under this section for each fiscal year an
amount that is not less than 15 percent’’ for ‘‘Beginning
with the fiscal year ending September 30, 1982, there
shall be appropriated under this section an amount not
less than 51⁄2 per centum, and for each fiscal year there-
after an amount not less than 6 per centum’’ in par. (2).
1998—Pub. L. 105–185, § 226(c)(2)(A), substituted ‘‘Uni-
versity’’ for ‘‘Institute’’ in section catchline.
Subsecs. (a), (b). Pub. L. 105–185, § 226(c)(2)(B), sub-
stituted ‘‘Tuskegee University’’ for ‘‘Tuskegee Insti-
tute’’ in first sentence of subsec. (a) and concluding
provisions of subsec. (b).
Subsec. (d). Pub. L. 105–185, § 225(a), inserted subsec.
heading, designated existing provisions as pars. (1) and
(2) and inserted par. headings, in par. (2) substituted
‘‘The amount to which an eligible institution is enti-
tled’’ for ‘‘Such sums’’, and added pars. (3) to (5).
Subsecs. (f), (g). Pub. L. 105–185, § 103(f)(3)(A), redesig-
nated subsec. (g) as (f) and struck out former subsec. (f)
which read as follows: ‘‘If the Secretary finds that an
eligible institution is not entitled to receive its share
of the annual appropriation, the facts and reasons
therefor shall be reported to the President, and the
amount involved shall be kept separate in the Treasury
until the expiration of the next Congress in order that
the institution may, if it should so desire, appeal to
Congress from the determination of the Secretary. If
the next Congress does not direct such sum to be paid,
it shall be carried to surplus.’’
1996—Subsec. (a). Pub. L. 104–127 inserted before pe-
riod at end of third sentence ‘‘, except that for the pur-
pose of this calculation, the total appropriations shall
not include amounts made available after September
30, 1995, under section 3(d) of that Act (7 U.S.C. 343(d)),
to carry out programs or initiatives for which no funds
were made available under section 3(d) of that Act for
fiscal year 1995, or any previous fiscal year, as deter-
mined by the Secretary, and shall not include amounts
made available after September 30, 1995, to carry out
programs or initiatives funded under section 3(d) of
that Act prior to that date that are in excess of the
highest amount made available for the programs or ini-
tiatives for fiscal year 1995, or any previous fiscal year,
as determined by the Secretary’’.
1985—Subsec. (a). Pub. L. 99–198 in third sentence,
struck out ‘‘, through the fiscal year ending September
30, 1985,’’ after ‘‘fiscal year thereafter’’ and inserted at
end ‘‘, and related acts pertaining to cooperative ex-
tension work at the land-grant institutions identified
in the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7
U.S.C. 341 et seq.)’’.
1981—Subsec. (a). Pub. L. 97–98, § 1431(1), (2), inserted
provisions designating the fiscal year ending Sept. 30,
1981, as the last of the fiscal years for which the appro-
priation under this section had to be 4 per centum or
more of the total appropriation for each year under the
Act of May 8, 1914, and inserted provisions that, begin-
ning with the fiscal year ending Sept. 30, 1982, there
must be appropriated under this section an amount not
less than 51⁄2 per centum and for each fiscal year there-
after, through the fiscal year ending Sept. 30, 1985, an
amount not less than 6 per centum of the total appro-
priations for such year under the Act of May 8, 1914.
Subsec. (b)(2)(B). Pub. L., 97–98, § 1431(3), inserted
‘‘current at the time each such additional sum is first
appropriated’’ after ‘‘the last preceding decennial cen-
sus’’ in two places.
Subsec. (c). Pub. L. 97–98, § 1431(4), substituted ‘‘exten-
sion administrator’’ for ‘‘administrative head for ex-
tension’’ and inserted provision for the submission of a
Page 1613
TITLE 7—AGRICULTURE
§ 3222
comprehensive program of extension for approval by
the Secretary each five years after Sept. 29, 1977.
Subsec. (d). Pub. L. 97–98, § 1431(5), substituted ‘‘sub-
mitted, as part of the State plan of work,’’ for ‘‘sub-
mitted by the proper officials of each institution’’.
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 May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise 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)(12) 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.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–185, title II, § 225(c), June 23, 1998, 112 Stat.
542, provided that: ‘‘The amendments made by this sec-
tion [amending this section and section 3222 of this
title] take effect on October 1, 1999.’’
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.
EFFECTIVE DATE
Section effective Oct. 1, 1977, see section 1901 of Pub.
L. 95–113, set out as an Effective Date of 1977 Amend-
ment note under section 1307 of this title.
WEST VIRGINIA STATE COLLEGE, INSTITUTE,
WEST VIRGINIA
Pub. L. 106–78, title I, Oct. 22, 1999, 113 Stat. 1141, pro-
vided in part that West Virginia State College in Insti-
tute, West Virginia: ‘‘for fiscal year 2000 and thereafter
shall be designated as an eligible institution under sec-
tion 1444 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3221)’’.
§ 3222. Agricultural research at 1890 land-grant
colleges, including Tuskegee University
(a) Authorization of appropriations
(1) In general
There are hereby authorized to be appro-
priated annually such sums as Congress may
determine necessary to support continuing ag-
ricultural research at colleges eligible to re-
ceive 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 (herein-
after referred to in this section as ‘‘eligible in-
stitutions’’).
(2) Minimum amount
Beginning with fiscal year 2003, there shall
be appropriated under this section for each fis-
cal year an amount that is not less than 30
percent of the total appropriations for the fis-
cal year under section 361c of this title.
(3) Uses
Funds appropriated under this section shall
be used for expenses of conducting agricul-
tural research, printing, disseminating the re-
sults of such research, contributing to the re-
tirement of employees subject to the provi-
sions of section 331 of this title, administra-
tive planning and direction, and purchase and
rental of land and the construction, acquisi-
tion, alteration, or repair of buildings nec-
essary for conducting agricultural research.
(4) Coordination
The eligible institutions are authorized to
plan and conduct agricultural research in co-
operation with each other and such agencies,
institutions, and individuals as may con-
tribute to the solution of agricultural prob-
lems, 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 institu-
tion.
(ii) Redistribution
Federal funds that are deducted under
clause (i) for a fiscal year shall be redis-
tributed 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 institu-
tions in accordance with this subsection.
(2) Administration
3 percent shall be available to the Secretary
for administration of this section. These ad-
ministrative funds may be used for transpor-
tation of scientists who are not officers or em-
ployees of the United States to research meet-
ings convened for the purpose of assessing re-
search 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 avail-
able to all eligible institutions in the fiscal
year ending September 30, 1978, under sec-
tion 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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 321. Secretary of Agriculture to administer an-
nual college-aid appropriation
The Secretary of Agriculture is charged with
the proper administration of this subchapter.
(Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419; 1939 Reorg.
Plan No. 1, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728,
53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
96–88, title III, § 301(a)(2)(E), Oct. 17, 1979, 93 Stat.
677; Pub. L. 97–98, title XIV, § 1419, Dec. 22, 1981,
95 Stat. 1306.)
Editorial Notes
CODIFICATION
Section constitutes part of section 4 of act Aug. 30,
1890. Remainder of section 4 is classified to section 326
of this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Act Aug. 30, 1890, as amended, which is classified to
this subchapter, is popularly known as the ‘‘Agricul-
tural College Act of 1890’’ and also as the ‘‘Second Mor-
rill Act’’.
TRANSFER OF FUNCTIONS
Functions and duties of Secretary of Education under
this subchapter transferred to Secretary of Agriculture
by section 1419 of Pub. L. 97–98.
Functions of Secretary of Health, Education, and
Welfare under this subchapter transferred to Secretary
of Education by section 301(a)(2)(E) of Pub. L. 96–88,
which is classified to section 3441(a)(2)(E) of Title 20,
Education.
Functions of Federal Security Administrator trans-
ferred to Secretary of Health, Education, and Welfare
and all agencies of Federal Security Agency transferred
to Department of Health, Education, and Welfare by
section 5 of 1953 Reorg. Plan No. 1, set out in the Ap-
pendix to Title 5, Government Organization and Em-
ployees. Federal Security Agency and office of Admin-
istrator abolished by section 8 of 1953 Reorg. Plan No.
1.
Prior to July 1, 1939, functions of Sec
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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 and forestry extension 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section321–326&num=0&edition=prelim) and 328), including Tuskegee University (hereinafter in this section referred to 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 20 percent of the total appropriations for such year under the Act of May 8, 1914 ([7 U.S.C. 341](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section341&num=0&edition=prelim) et seq.), and related acts pertaining to cooperative extension work at the land-grant institutions identified in the Act of May 8, 1914 (38 Stat. 372, chapter 79; [7 U.S.C. 341](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section341&num=0&edition=prelim) et seq.), except that for the purpose of this calculation, the total appropriations shall not include amounts made available under section 3(d) of that Act ([7 U.S.C. 343(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section343/d&num=0&edition=prelim)).
(3) **Uses** — Funds appropriated under this section shall be used for expenses of conducting extension programs and activities, and for contributing to the retirement of employees subject to the provisions of [section 331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section331&num=0&e
In order to aid in diffusing among the people of the United States useful and practical information on subjects relating to agriculture, uses of solar energy with respect to agriculture, home economics, and rural energy, and to encourage the application of the same, there may be continued or inaugurated in connection with the college or colleges in each State, Territory, or possession, now receiving, or which may hereafter receive, the benefits of subchapters I and II of this chapter, agricultural extension work which shall be carried on in cooperation with the United States Department of Agriculture: Provided, That in any State, Territory, or possession in which two or more such colleges have been or hereafter may be established, the appropriations hereinafter made to such State, Territory, or possession shall be administered by such college or colleges as the legislature of such State, Territory, or possession may direct. For the purposes of this subchapter, the term “solar energy” means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear 11 So in original. Probably should be “Nonnuclear”. Energy Research and Development Act of 1974, as amended [[42 U.S.C. 5901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5901&num=0&edition=prelim) et seq.].
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 341. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 341. Cooperative extension work by colleges
In order to aid in diffusing among the people
of the United States useful and practical infor-
mation on subjects relating to agriculture, uses
of solar energy with respect to agriculture,
home economics, and rural energy, and to en-
courage the application of the same, there may
be continued or inaugurated in connection with
the college or colleges in each State, Territory,
or possession, now receiving, or which may here-
after receive, the benefits of subchapters I and II
of this chapter, agricultural extension work
which shall be carried on in cooperation with
the United States Department of Agriculture:
Provided, That in any State, Territory, or pos-
session in which two or more such colleges have
been or hereafter may be established, the appro-
priations hereinafter made to such State, Terri-
tory, or possession shall be administered by such
college or colleges as the legislature of such
State, Territory, or possession may direct. For
the purposes of this subchapter, the term ‘‘solar
energy’’ means energy derived from sources
(other than fossil fuels) and technologies in-
cluded in the Federal Non-Nuclear 1 Energy Re-
search and Development Act of 1974, as amended
[42 U.S.C. 5901 et seq.].
(May 8, 1914, ch. 79, § 1, 38 Stat. 372; June 26, 1953,
ch. 157, § 1, 67 Stat. 83; Pub. L. 95–113, title XIV,
§ 1447(1), (2), Sept. 29, 1977, 91 Stat. 1011; Pub. L.
96–294, title II, § 256(1), June 30, 1980, 94 Stat. 708.)
Editorial Notes
REFERENCES IN TEXT
The Federal Nonnuclear Energy Research and Devel-
opment Act of 1974, as amended, referred to in text, is
Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is clas-
sified generally to chapter 74 (§ 5901 et seq.) of Title 42,
The Public Health and Welfa
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 341. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There are authorized to be appropriated for the purposes of this subchapter such sums as Congress may from time to time determine to be necessary.
**(b)**
(1) Out of such sums, each State and the Secretary of Agriculture shall be entitled to receive annually a sum of money equal to the sums available from Federal cooperative extension funds for the fiscal year 1962, and subject to the same requirements as to furnishing of equivalent sums by the State, except that amounts heretofore made available to the Secretary for allotment on the basis of special needs shall continue available for use on the same basis.
(2) There is authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, for payment to the Virgin Islands, Guam, and the Northern Mariana Islands, $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 this subchapter, the amount available and budgeted for expenditure by the Virgin Islands and Guam for the purposes of this subchapter.
(3) There are authorized to be appropriated for the fiscal year ending June 30, 1996, and for each fiscal year thereafter, for payment on behalf of the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994), such sums as are necessary for the purposes set forth in [section 342 of this title](https://uscode.house.gov/view.xhtml?r
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 343. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 343. Appropriations; distribution; allotment and
apportionment;
Secretary
of
Agriculture;
matching funds; cooperative extension activi-
ties
(a) There are authorized to be appropriated for
the purposes of this subchapter such sums as
Congress may from time to time determine to be
necessary.
(b)(1) Out of such sums, each State and the
Secretary of Agriculture shall be entitled to re-
ceive annually a sum of money equal to the
sums available from Federal cooperative exten-
sion funds for the fiscal year 1962, and subject to
the same requirements as to furnishing of equiv-
alent sums by the State, except that amounts
heretofore made available to the Secretary for
allotment on the basis of special needs shall
continue available for use on the same basis.
(2) There is authorized to be appropriated for
the fiscal year ending June 30, 1971, and for each
fiscal year thereafter, for payment to the Virgin
Islands, Guam, and the Northern Mariana Is-
lands, $100,000 each, which sums shall be in addi-
tion 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
this subchapter, the amount available and budg-
eted for expenditure by the Virgin Islands and
Guam for the purposes of this subchapter.
(3) There are authorized to be appropriated for
the fiscal year ending June 30, 1996, and for each
fiscal year thereafter, for payment on behalf of
the 1994 Institutions (as defined in section 532 of
th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 343. This identifies an authority to review, not proof of applicability.