7 U.S.C. § 2279 (2024) — Title 7: AGRICULTURE / Chapter 55: DEPARTMENT OF AGRICULTURE / Section 2279: Farming opportunities training and outreach
Farming opportunities training and outreach
Status: in_force

(a) Definitions

In this section:

(1) Agricultural programs

The term "agricultural programs" are those established or authorized by—

(A) the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.];

(B) the Consolidated Farm and Rural Development Act [7 U.S.C. 1921 et seq.];

(C) the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.];

(D) the Soil Conservation Act;

(E) the Domestic Allotment Assistance Act;

(F) the Food Security Act of 1985; and

(G) other such Acts as the Secretary deems appropriate.

(2) Beginning farmer or rancher

The term "beginning farmer or rancher" means a person that—

(A)(i) has not operated a farm or ranch; or

(ii) has operated a farm or ranch for not more than 10 years; and

(B) meets such other criteria as the Secretary may establish.

(3) Department

The term "Department" means the Department of Agriculture.

(4) Secretary

The term "Secretary" means the Secretary of Agriculture.

(5) Socially disadvantaged farmer or rancher

The term "socially disadvantaged farmer or rancher" means a farmer or rancher who is a member of a socially disadvantaged group.

(6) Socially disadvantaged group

The term "socially disadvantaged group" means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.

(7) Veteran farmer or rancher

The term "veteran farmer or rancher" means a farmer or rancher who has served in the Armed Forces (as defined in section 101(10) of title 38) and who—

(A) has not operated a farm or ranch;

(B) has operated a farm or ranch for not more than 10 years; or

(C) is a veteran (as defined in section 101 of that title) who has first obtained status as a veteran (as so defined) during the most recent 10-year period.

(b) Farming opportunities training and outreach

The Secretary shall carry out this section to encourage and assist socially disadvantaged farmers and ranchers, veteran farmers and ranchers, and beginning farmers and ranchers in the ownership and operation of farms and ranches through—

(1) education and training; and

(2) equitable participation in all agricultural programs of the Department.

(c) Outreach and assistance for socially disadvantaged and veteran farmers and ranchers

(1) Eligible entity

In this subsection, the term "eligible entity" means any of the following:

(A) Any community-based organization, network, or coalition of community-based organizations that—

(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers and ranchers and veteran farmers or ranchers;

(ii) has provided to the Secretary documentary evidence of work with, and on behalf of, socially disadvantaged farmers or ranchers and veteran farmers or ranchers during the 3-year period preceding the submission of an application for assistance under this subsection; and

(iii) does not engage in activities prohibited under section 501(c)(3) of title 26.

(B) An 1890 institution or 1994 institution (as defined in section 7601 of this title), including West Virginia State College.

(C) An Indian tribal community college or an Alaska Native cooperative college.

(D) An Hispanic-serving institution (as defined in section 3103 of this title).

(E) Any other institution of higher education (as defined in section 1001 of title 20) that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region.

(F) An Indian tribe (as defined in section 5304 of title 25) or a national tribal organization that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region.

(G) An organization or institution that received funding under subsection (a) before January 1, 1996, but only with respect to projects that the Secretary considers are similar to projects previously carried out by the organization or institution under such subsection.

(2) Program

Using funds made available under subsection (l), the Secretary of Agriculture shall, for the period of fiscal years 2019 through 2023, carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers and ranchers and veteran farmers or ranchers—

(A) in owning and operating farms and ranches; and

(B) in participating equitably in the full range of agricultural, forestry, and related programs offered by the Department.

(3) Requirements

The outreach and technical assistance program under paragraph (2) shall be used exclusively—

(A) to enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; and

(B) to assist the Secretary in—

(i) reaching current and prospective socially disadvantaged farmers or ranchers and veteran farmers or ranchers in a linguistically appropriate manner; and

(ii) improving the participation of those farmers and ranchers in Department programs, as reported under section 2279–1 of this title.

(4) Grants and contracts

(A) Outreach and technical assistance

The Secretary may make grants to, and enter into contracts and other agreements with, an eligible entity that has demonstrated an ability to carry out the requirements described in paragraph (3) to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers under this subsection.

(B) Relationship to other law

The authority to carry out this section shall be in addition to any other authority provided in this or any other Act.

(C) Other projects

Notwithstanding paragraph (2), the Secretary may make grants to, and enter into contracts and other agreements with, an organization or institution that received funding under this section before January 1, 1996, to carry out a project that is similar to a project for which the organization or institution received such funding.

(D) Report

The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and make publicly available, an annual report that includes a list of the following:

(i) The recipients of funds made available under the program.

(ii) The activities undertaken and services provided.

(iii) The number of current and prospective socially disadvantaged farmers or ranchers served and outcomes of such service.

(iv) The problems and barriers identified by entities in trying to increase participation by current and prospective socially disadvantaged farmers or ranchers.

(v) The number of farms or ranches started, maintained, or improved as a result of funds made available under the program.

(vi) Actions taken by the Secretary in partnership with eligible entities to enhance participation in agricultural programs by veteran farmers or ranchers and socially disadvantaged farmers or ranchers.

(vii) The effectiveness of the actions described in clause (vi).

(E) Maximum term and amount of grant, contract, or agreement

A grant, contract, or agreement entered into under subparagraph (A) shall be—

(i) for a term of not longer than 3 years; and

(ii) in an amount that is not more than $250,000 for each year of the grant, contract, or agreement.

(F) Priority

In making grants and entering into contracts and other agreements under subparagraph (A), the Secretary shall give priority to nongovernmental and community-based organizations with an expertise in working with socially disadvantaged farmers and ranchers or veteran farmers and ranchers.

(G) Regional balance

To the maximum extent practicable, the Secretary shall ensure the geographical diversity of eligible entities to which grants are made and contracts and other agreements are entered into under subparagraph (A).

(H) Prohibition

A grant, contract, or other agreement under subparagraph (A) may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.

(I) Peer review

The Secretary shall establish a fair and efficient external peer review process that—

(i) the Secretary shall use in making grants and entering into contracts and other agreements under subparagraph (A); and

(ii) shall include a broad representation of peers of the eligible entity.

(J) Input from eligible entities

The Secretary shall seek input from eligible entities providing technical assistance under this subsection not less than once each year to ensure that the program is responsive to the eligible entities providing that technical assistance.

(5) Socially Disadvantaged Farmers and Ranchers Policy Research Center

The Secretary shall award a grant to a college or university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University, to establish a policy research center to be known as the "Socially Disadvantaged Farmers and Ranchers Policy Research Center" for the purpose of developing policy recommendations for the protection and promotion of the interests of socially disadvantaged farmers and ranchers.

(d) Beginning farmer and rancher development grant program

(1) In general

Using funds made available under subsection (l), the Secretary, acting through the Director of the National Institute of Food and Agriculture, shall, for the period of fiscal years 2019 through 2023, make competitive grants or enter into cooperative agreements to support new and established local and regional training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers and ranchers.

(2) Included programs and services

Initiatives described in paragraph (1) may include programs or services, as appropriate, relating to—

(A) basic livestock, forest management, and crop farming practices;

(B) innovative farm, ranch, and private, nonindustrial forest land transfer and succession strategies;

(C) entrepreneurship and business training;

(D) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers;

(E) financial and risk management training, including the acquisition and management of agricultural credit;

(F) natural resource management and planning;

(G) diversification and marketing strategies;

(H) curriculum development;

(I) mentoring, apprenticeships, and internships;

(J) resources and referral;

(K) farm financial benchmarking;

(L) agricultural rehabilitation and vocational training for veteran farmers and ranchers;

(M) farm safety and awareness;

(N) food safety and recordkeeping; and

(O) other similar subject areas of use to beginning farmers and ranchers.

(3) Eligibility

(A) In general

To be eligible to receive a grant or enter into a cooperative agreement under this subsection, the recipient of the grant or participant in the cooperative agreement shall be a collaborative State, Tribal, local, or regionally-based network or partnership of public or private entities.

(B) Inclusions

A recipient of a grant or a participant that enters into a cooperative agreement described in subparagraph (A) may include—

(i) a State cooperative extension service;

(ii) a Federal, State, municipal, or Tribal agency;

(iii) a community-based or nongovernmental organization;

(iv) a college or university (including an institution awarding an associate's degree) or foundation maintained by a college or university; or

(v) any other appropriate partner, as determined by the Secretary.

(4) Terms of grants or cooperative agreement

A grant or cooperative agreement under this subsection shall—

(A) be for a term of not longer than 3 years; and

(B) provide not more than $250,000 for each year.

(5) Matching requirement

(A) In general

Except as provided in subparagraph (B), to be eligible to receive a grant or enter into a cooperative agreement under this subsection, a recipient or participant shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the funds provided by the grant or cooperative agreement.

(B) Exception

The Secretary may waive or reduce the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population.

(6) Evaluation criteria

In making grants or entering into cooperative agreements under this subsection, the Secretary shall evaluate, with respect to applications for the grants or cooperative agreements—

(A) relevancy;

(B) technical merit;

(C) achievability;

(D) the expertise and track record of 1 or more applicants;

(E) the consultation of beginning farmers and ranchers in design, implementation, and decisionmaking relating to an initiative described in paragraph (1);

(F) the adequacy of plans for—

(i) a participatory evaluation process;

(ii) outcome-based reporting; and

(iii) the communication of findings and results beyond the immediate target audience; and

(G) other appropriate factors, as determined by the Secretary.

(7) Regional balance

To the maximum extent practicable, the Secretary shall ensure the geographical diversity of recipients of grants or participants in cooperative agreements under this subsection.

(8) Priority

In making grants or entering into cooperative agreements under this subsection, the Secretary shall give priority to partnerships and collaborations that are led by or include nongovernmental, community-based organizations and school-based educational organizations with expertise in new agricultural producer training and outreach.

(9) Prohibition

A grant made or cooperative agreement entered into under this subsection may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.

(10) Coordination permitted

A recipient of a grant or participant in a cooperative agreement under this subsection may coordinate with a recipient of a grant or cooperative agreement under section 5933 of this title in addressing the needs of veteran farmers and ranchers with disabilities.

(11) Consecutive awards

A grant or cooperative agreement under this subsection may be made to a recipient or participant for consecutive years.

(12) Peer review

(A) In general

The Secretary shall establish a fair and efficient external peer review process, which the Secretary shall use in making grants or entering into cooperative agreements under this subsection.

(B) Requirement

The peer review process under subparagraph (A) shall include a review panel composed of a broad representation of peers of the applicant for the grant or cooperative agreement that are not applying for a grant or cooperative agreement under this subsection.

(13) Participation by other farmers and ranchers

Nothing in this subsection prohibits the Secretary from allowing a farmer or rancher who is not a beginning farmer or rancher (including an owner or operator that has ended, or expects to end within 5 years, active labor in a farming or ranching operation as a producer, retiring farmers, and non-farming landowners) from participating in a program or service under this subsection, to the extent that the Secretary determines that such participation—

(A) is appropriate; and

(B) will not detract from the primary purpose of increasing opportunities for beginning farmers and ranchers.

(14) Education teams

(A) In general

The Secretary shall establish beginning farmer and rancher education teams to develop curricula, conduct educational programs and workshops for beginning farmers and ranchers in diverse geographical areas of the United States, or provide training and technical assistance initiatives for beginning farmers or ranchers or for trainers and service providers that work with beginning farmers or ranchers.

(B) Curriculum

In promoting the development of curricula, educational programs and workshops, or training and technical assistance initiatives under subparagraph (A), the Secretary shall, to the maximum extent practicable, include content tailored to specific audiences of beginning farmers and ranchers, based on crop diversity or regional diversity.

(C) Composition

In establishing an education team under subparagraph (A) for a specific program or workshop, the Secretary shall, to the maximum extent practicable—

(i) obtain the short-term services of specialists with knowledge and expertise in programs serving beginning farmers and ranchers; and

(ii) use officers and employees of the Department with direct experience in programs of the Department that may be taught as part of the curriculum for the program or workshop.

(D) Cooperation

(i) In general

In carrying out this subsection, the Secretary shall cooperate, to the maximum extent practicable, with—

(I) State cooperative extension services;

(II) Federal, State, and Tribal agencies;

(III) community-based and nongovernmental organizations;

(IV) colleges and universities (including an institution awarding an associate's degree) or foundations maintained by a college or university; and

(V) other appropriate partners, as determined by the Secretary.

(ii) Cooperative agreements

The Secretary may enter into a cooperative agreement to reflect the terms of any cooperation under subparagraph (A).

(15) Curriculum and training clearinghouse

The Secretary shall establish an online clearinghouse that makes available to beginning farmers and ranchers education curricula and training materials and programs, which may include online courses for direct use by beginning farmers and ranchers.

(e) Application requirements

In making grants and entering into contracts and other agreements, as applicable, under subsections (c) and (d), the Secretary shall make available a simplified application process for an application for a grant that requests less than $50,000.

(f) Stakeholder input

In carrying out this section, the Secretary shall seek stakeholder input from—

(1) beginning farmers and ranchers;

(2) socially disadvantaged farmers and ranchers;

(3) veteran farmers and ranchers;

(4) national, State, Tribal, and local organizations and other persons with expertise in operating programs for—

(A) beginning farmers and ranchers;

(B) socially disadvantaged farmers and ranchers; or

(C) veteran farmers and ranchers;

(5) the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102–554);

(6) the Advisory Committee on Minority Farmers established under section 14008 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110–246); and

(7) the Tribal Advisory Committee established under subsection (b) of section 6921 of this title.

(g) Designation of Federal personnel

(1) In general

The Secretary shall designate from existing Federal personnel resources in the county or region a qualified person who shall, in cooperation with the State cooperative extension services, implement the policies and programs established or modified in accordance with this section.

(2) Additional personnel

In counties or regions in which the number of socially disadvantaged farmers and ranchers or veteran farmers and ranchers exceeds 25 percent of the total number of farmers and ranchers in the county or region, the Secretary shall designate additional personnel to implement the policies and programs established or modified in accordance with this section.

(h) Affirmative action, appeals, and contracting review

(1) Purpose

It is the purpose of this subsection to direct the Secretary to analyze within the Department the design and implementation of affirmative action programs and policies, the appeals process for complaints of discrimination, and contracting and purchasing practices employed by the Department.

(2) Scope

The study shall include—

(A) an assessment of the successes and failures of these affirmative action programs and policies;

(B) a review of the reasons for the successes and failures described in subparagraph (A);

(C) a review of procurement, contracting, and purchasing policies of the Department, the level of participation of socially disadvantaged businesses in such activities, and the impact of those policies on the participation of members of socially disadvantaged groups in such contracting with the Department;

(D) a review of the reasons for participation or lack of participation of businesses owned by members of socially disadvantaged groups in the activities described in subparagraph (C); and

(E) a review of the appeals process for all complaints or allegations regarding acts, practices, or patterns of discrimination filed with the Department by individuals or any other entities that shall include—

(i) the number of complaints or allegations regarding acts, practices, or patterns of discrimination;

(ii) the manner in which the complaints were investigated and resolved by the Department; and

(iii) the longest, shortest, and average periods of time taken to investigate and resolve the complaints or allegations regarding acts, practices, or patterns of discrimination.

(3) Report

Not later than November 28, 1991, and not later than March 1, 2020, the Secretary shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the information described in paragraph (2).

(i) Reservations

(1) Consolidated suboffice

The Secretary shall require the Farm Service Agency and Natural Resources Conservation Service, and such other offices and functions the Secretary may choose to include where there has been a need demonstrated, in each county that has a reservation within its borders, to establish a consolidated suboffice at the tribal headquarters of said reservation and to staff said suboffice as needed, using existing staff, but no less than one day a week or under such other arrangement agreed to by the tribe and the Department offices.

(2) Cooperative agreements

For those reservations that are located in more than one county, the Secretary, the relevant county offices and the tribe shall enter into a cooperative agreement to provide the services required by paragraph (1) that avoids duplication of effort.

(j) Accurate documentation

The Secretary shall ensure, to the maximum extent practicable, that the Census of Agriculture and studies carried out by the Economic Research Service accurately document the number, location, and economic contributions of socially disadvantaged farmers or ranchers in agricultural production.

(k) Report to Congress

(1) In general

Not later than September 30, 1992, and every two years thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, regarding—

(A) the efforts of the Secretary to enhance participation by veteran farmers or ranchers and members of socially disadvantaged groups in agricultural programs;

(B) the specific participation goals established for each agricultural program;

(C) the results achieved for each agricultural program; and

(D) the progress of the Department towards meeting each of the purposes described in paragraph (2)(C).

(2) Contents

In addition to the information specified in paragraph (1), the report required by paragraph (1) shall include—

(A) a comparison of the participation goals and the actual participation rates of veteran farmers or ranchers and members of socially disadvantaged groups in each agricultural program;

(B) an analysis and explanation of the reasons for the success or failure of the Secretary to achieve the goals, and the overall purposes of this section;

(C) a listing, on a State-by-State and county-by-county basis, of—

(i) the amount of funds loaned to members of socially disadvantaged groups; and

(ii) the amount of funds used to guarantee loans to members of socially disadvantaged groups compared to the total amount of such guarantees;

(D) a breakdown in allocation of crop base in each program crop compared to the target participation rates established pursuant to sections 355(a)(1) and 355(c) of the Consolidated Farm and Rural Development Act [7 U.S.C. 2003(a)(1), 2003(c)], on a State-by-State and county-by-county basis; and

(E) a review and analysis of participation by members of socially disadvantaged groups, compared to participation by all others, in agricultural programs, on a State-by-State and county-by-county basis, including a survey representative of all farmers and ranchers, including socially disadvantaged farmers and ranchers, to identify reasons for participation and nonparticipation in agricultural programs.

(l) Funding

(1) Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

(A) $30,000,000 for each of fiscal years 2019 and 2020;

(B) $35,000,000 for fiscal year 2021;

(C) $40,000,000 for fiscal year 2022; and

(D) $50,000,000 for fiscal year 2023 and each fiscal year thereafter.

(2) Authorization of appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.

(3) Reservation of funds

Of the amounts made available to carry out this section—

(A) 50 percent shall be used to carry out subsection (c); and

(B) 50 percent shall be used to carry out subsection (d).

(4) Allocation of funds

(A) In general

Not less than 5 percent of the amounts made available to carry out subsection (d) for a fiscal year shall be used to support programs and services that address the needs of—

(i) limited resource beginning farmers and ranchers, as defined by the Secretary;

(ii) socially disadvantaged farmers and ranchers that are beginning farmers and ranchers; and

(iii) farmworkers desiring to become farmers or ranchers.

(B) Veteran farmers and ranchers

Not less than 5 percent of the amounts made available to carry out subsection (d) for a fiscal year shall be used to support programs and services that address the needs of veteran farmers and ranchers.

(5) Interagency funding

Any agency of the Department may participate in any grant, contract, or agreement entered into under this section by contributing funds, if the contributing agency determines that the objectives of the grant, contract, or agreement will further the authorized programs of the contributing agency.

(6) Administrative expenses

Not more than 5 percent of the amounts made available to carry out this section for a fiscal year may be used for expenses relating to the administration of this section.

(7) Limitation on indirect costs

A recipient of a grant or a party to a contract or other agreement under subsection (c) or (d) may not use more than 10 percent of the funds received for the indirect costs of carrying out a grant, contract, or other agreement.

(Pub. L. 101–624, title XXV, §2501, Nov. 28, 1990, 104 Stat. 4062; Pub. L. 102–237, title X, §1003, Dec. 13, 1991, 105 Stat. 1894; Pub. L. 107–171, title X, §10707, May 13, 2002, 116 Stat. 520; Pub. L. 110–234, title XIV, §§14001, 14004, 14005, May 22, 2008, 122 Stat. 1442, 1443, 1445; Pub. L. 110–246, §4(a), title XIV, §§14001, 14004, 14005, June 18, 2008, 122 Stat. 1664, 2204, 2205, 2207; Pub. L. 112–240, title VII, §701(h), Jan. 2, 2013, 126 Stat. 2367; Pub. L. 113–79, title XII, §§12201, 12203, Feb. 7, 2014, 128 Stat. 983, 984; Pub. L. 115–334, title XII, §§12301(b), 12306(a), Dec. 20, 2018, 132 Stat. 4951, 4968.)

Editorial Notes

References in Text

The Agricultural Act of 1949, referred to in subsec. (a)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(B), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§1921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in subsec. (a)(1)(C), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables.

The Soil Conservation Act and the Domestic Allotment Assistance Act, referred to in subsec. (a)(1)(D) and (E), respectively, probably mean the Soil Conservation and Domestic Allotment Act, act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§590a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 590q of Title 16 and Tables.

The Food Security Act of 1985, referred to in subsec. (a)(1)(F), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.

Act of August 30, 1890, referred to in subsec. (c)(5), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter 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.

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—Pub. L. 115–334, §12301(b)(1), substituted "Farming opportunities training and outreach" for "Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers" in section catchline.

Subsec. (a). Pub. L. 115–334, §12301(b)(5)(A), inserted introductory provisions.

Pub. L. 115–334, §12301(b)(3), redesignated subsec. (e) as (a). Former subsec. (a) redesignated (c).

Subsec. (a)(1). Pub. L. 115–334, §12301(b)(5)(B)–(D), redesignated par. (3) as (1) and substituted "Agricultural" for "Agriculture" in heading and "The" for "As used in this section, the" and "agricultural" for "agriculture" in introductory provisions. Former par. (1) redesignated (6).

Subsec. (a)(2). Pub. L. 115–334, §12301(b)(5)(E), added par. (2). Former par. (2) redesignated (5).

Subsec. (a)(3). Pub. L. 115–334, §12301(b)(5)(B), redesignated par. (4) as (3). Former par. (3) redesignated (1).

Subsec. (a)(4). Pub. L. 115–334, §12301(b)(5)(B), redesignated par. (6) as (4). Former par. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 115–334, §12301(b)(5)(B), (C), redesignated par. (2) as (5) and substituted "The" for "As used in this section, the".

Pub. L. 115–334, §12301(b)(4), redesignated par. (5) as subsec. (c)(6).

Pub. L. 115–334, §12301(b)(2), redesignated subsec. (i) as par. (5) and realigned margins.

Subsec. (a)(6). Pub. L. 115–334, §12301(b)(5)(B), (C), redesignated par. (1) as (6) and substituted "The" for "As used in this section, the". Former Par. (6) redesignated (4).

Subsec. (a)(7)(C). Pub. L. 115–334, §12306(a), added subpar. (C).

Subsec. (b). Pub. L. 115–334, §12301(b)(6), added subsec. (b). Former subsec. (b) redesignated (g).

Subsec. (c). Pub. L. 115–334, §12301(b)(7)(A), inserted "for socially disadvantaged and veteran farmers and ranchers" after "assistance" in heading.

Pub. L. 115–334, §12301(b)(3), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (k).

Subsec. (c)(1). Pub. L. 115–334, §12301(b)(7)(C), (D)(i), redesignated par. (6) as (1) and substituted "In this subsection, the term" for "The term" in introductory provisions. Former par. (1) redesignated (2).

Subsec. (c)(1)(A)(ii). Pub. L. 115–334, §12301(b)(7)(D)(ii), substituted "this subsection" for "subsection (a)".

Subsec. (c)(1)(F). Pub. L. 115–334, §12301(b)(7)(D)(iii), made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.

Subsec. (c)(2). Pub. L. 115–334, §12301(b)(7)(C), (E)(i), redesignated par. (1) as (2) and substituted "Using funds made available under subsection (l), the Secretary of Agriculture shall, for the period of fiscal years 2019 through 2023, carry out" for "The Secretary of Agriculture shall carry out" in introductory provisions. Former par. (2) redesignated (3).

Subsec. (c)(2)(B). Pub. L. 115–334, §12301(b)(7)(E)(ii), (iii), substituted "agricultural, forestry, and related" for "agricultural".

Subsec. (c)(3). Pub. L. 115–334, §12301(b)(7)(C), (F), redesignated par. (2) as (3) and substituted "(2)" for "(1)" in introductory provisions.

Subsec. (c)(4). Pub. L. 115–334, §12301(b)(7)(B), (C), redesignated par. (3) as (4) and struck out former par. (4) which related to funding.

Subsec. (c)(4)(A). Pub. L. 115–334, §12301(b)(7)(G)(i), in heading, substituted "Outreach and technical assistance" for "In general" and, in text, substituted "(3)" for "(2)" and inserted "to socially disadvantaged farmers and ranchers and veteran farmers and ranchers" after "assistance".

Subsec. (c)(4)(C). Pub. L. 115–334, §12301(b)(7)(G)(ii), substituted "(2)" for "(1)".

Subsec. (c)(4)(D)(v) to (vii). Pub. L. 115–334, §12301(b)(7)(G)(iii), added cls. (v) to (vii).

Subsec. (c)(4)(E) to (J). Pub. L. 115–334, §12301(b)(7)(G)(iv), added subpars. (E) to (J).

Subsec. (c)(6). Pub. L. 115–334, §12301(b)(7)(C), redesignated par. (6) as (1).

Pub. L. 115–334, §12301(b)(4), redesignated subsec. (a)(5) as (c)(6).

Subsecs. (d), (e). Pub. L. 115–334, §12301(b)(8), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (h) and (a), respectively.

Subsec. (f). Pub. L. 115–334, §12301(b)(9), added subsec. (f) and struck out former subsec. (f) which amended section 2003 of this title.

Subsec. (g). Pub. L. 115–334, §12301(b)(3), redesignated subsec. (b) as (g). Former subsec. (g) redesignated (i).

Subsec. (h). Pub. L. 115–334, §12301(b)(3), redesignated subsec. (d) as (h). Former subsec. (h) redesignated (j).

Subsec. (h)(3). Pub. L. 115–334, §12301(b)(10), inserted "and not later than March 1, 2020," after "1991,".

Subsec. (i). Pub. L. 115–334, §12301(b)(3), redesignated subsec. (g) as (i).

Pub. L. 115–334, §12301(b)(2), redesignated subsec. (i) as (a)(5).

Subsecs. (j), (k). Pub. L. 115–334, §12301(b)(3), redesignated subsecs. (h) and (c) as (j) and (k), respectively.

Subsec. (l). Pub. L. 115–334, §12301(b)(11), added subsec. (l).

2014—Pub. L. 113–79, §12201(a)(1), inserted "and veteran farmers and ranchers" after "ranchers" in section catchline.

Subsec. (a)(1). Pub. L. 113–79, §12201(a)(2)(A), inserted "and veteran farmers or ranchers" after "ranchers" in introductory provisions.

Subsec. (a)(2)(B)(i). Pub. L. 113–79, §12201(a)(2)(B), inserted "and veteran farmers or ranchers" after "ranchers".

Subsec. (a)(4)(A). Pub. L. 113–79, §12201(a)(2)(C)(i)(I), substituted "2018" for "2012" in heading.

Subsec. (a)(4)(A)(iii). Pub. L. 113–79, §12201(a)(2)(C)(i)(II)–(IV), added cl. (iii).

Subsec. (a)(4)(E). Pub. L. 113–79, §12201(a)(2)(C)(ii), added subpar. (E).

Subsec. (b)(2). Pub. L. 113–79, §12201(a)(3), inserted "or veteran farmers and ranchers" after "socially disadvantaged farmers and ranchers".

Subsec. (c)(1)(A). Pub. L. 113–79, §12201(a)(4)(A), inserted "veteran farmers or ranchers and" before "members".

Subsec. (c)(2)(A). Pub. L. 113–79, §12201(a)(4)(B), inserted "veteran farmers or ranchers and" before "members".

Subsec. (e)(5)(A)(i). Pub. L. 113–79, §12201(a)(5)(A), inserted "and veteran farmers or ranchers" after "ranchers".

Subsec. (e)(5)(A)(ii). Pub. L. 113–79, §12201(a)(5)(B), inserted "and veteran farmers or ranchers" after "ranchers".

Subsec. (e)(7). Pub. L. 113–79, §12201(b), added par. (7).

Subsec. (i). Pub. L. 113–79, §12203, added subsec. (i).

2013—Subsec. (a)(4)(A). Pub. L. 112–240, §701(h)(1), substituted "Fiscal years 2009 through 2012" for "In general" in heading.

Subsec. (a)(4)(B) to (D). Pub. L. 112–240, §701(h)(2)–(5), added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and substituted "subparagraph (A) or (B)" for "subparagraph (A)" in subpars. (C) and (D).

2008—Subsec. (a)(2). Pub. L. 110–246, §14004(a)(1), amended par. (2) generally. Prior to amendment, par. (2) contained provisions stating that the outreach and technical assistance program was to enhance coordination of authorized outreach, technical assistance, and education efforts and include information on, and assistance with, commodity, conservation, credit, rural, and business development programs, application and bidding procedures, farm and risk management, marketing, and other activities essential to participation in Department programs.

Subsec. (a)(3)(A). Pub. L. 110–246, §14004(a)(2)(A), substituted "entity that has demonstrated an ability to carry out the requirements described in paragraph (2) to provide outreach" for "entity to provide information".

Subsec. (a)(3)(D). Pub. L. 110–246, §14004(a)(2)(B), added subpar. (D).

Subsec. (a)(4)(A). Pub. L. 110–246, §14004(a)(3)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2002 through 2007."

Subsec. (a)(4)(C). Pub. L. 110–246, §14004(a)(3)(B), added subpar. (C).

Subsec. (e)(5)(A)(ii). Pub. L. 110–246, §14004(b), which directed amendment of cl. (ii) by substituting "work with, and on behalf of, socially disadvantaged farmers or ranchers during the 3-year period" for "work with socially disadvantaged farmers or ranchers during the 2-year period", was executed by making the substitution for "work with socially disadvantaged farmers and ranchers during the 2-year period", to reflect the probable intent of Congress.

Subsec. (g)(1). Pub. L. 110–246, §14001, substituted "Farm Service Agency and Natural Resources Conservation Service" for "Agricultural Stabilization and Conservation Service, Soil Conservation Service, and Farmers Home Administration offices", inserted "where there has been a need demonstrated" after "include", and struck out at end "The tribe shall be required to provide the necessary office space if it wishes to participate in this program."

Subsec. (h). Pub. L. 110–246, §14005, added subsec. (h).

2002—Subsec. (a). Pub. L. 107–171, §10707(b), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:

"(1) In general.—The Secretary of Agriculture (hereafter referred to in this section as the 'Secretary') shall provide outreach and technical assistance to encourage and assist socially disadvantaged farmers and ranchers to own and operate farms and ranches and to participate in agricultural programs. This assistance should include information on application and bidding procedures, farm management, and other essential information to participate in agricultural programs.

"(2) Grants and Contracts.—The Secretary may make grants and enter into contracts and other agreements in the furtherance of this section with the following entities—

"(A) any community based organization that—

"(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers and ranchers;

"(ii) provides documentary evidence of its past experience of working with socially disadvantaged farmers and ranchers during the two years preceding its application for assistance under this section; and

"(iii) does not engage in activities prohibited under section 501(c)(3) of title 26; and

"(B) 1890 Land-Grant Colleges including Tuskegee Institute, Indian tribal community colleges and Alaska native cooperative colleges, Hispanic serving post-secondary educational institutions, and other post-secondary educational institutions with demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged family farmers and ranchers in their region.

"(3) Funding.—There are authorized to be appropriated $10,000,000 for each fiscal year to carry out this subsection."

Subsec. (d)(1). Pub. L. 107–171, §10707(c)(1), struck out "of Agriculture" after "analyze within the Department".

Subsec. (e)(4) to (6). Pub. L. 107–171, §10707(a), added pars. (4) to (6).

Subsec. (g)(1). Pub. L. 107–171, §10707(c)(2), struck out "of Agriculture" after "Department".

1991—Subsec. (a)(3). Pub. L. 102–237, §1003(1), substituted "subsection" for "section".

Subsec. (c)(1)(C). Pub. L. 102–237, §1003(2), inserted "program" after "agricultural".

Subsec. (d)(3). Pub. L. 102–237, §1003(3), substituted "November 28, 1991" for "1 year after the date of enactment of this Act".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

USDA Assistance and Support for Underserved Farmers, Ranchers, and Foresters

Pub. L. 117–2, title I, §1006, Mar. 11, 2021, 135 Stat. 13, as amended by Pub. L. 117–169, title II, §22007, Aug. 16, 2022, 136 Stat. 2021, provided that:

"(a) Technical and other assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $125,000,000 to provide outreach, mediation, financial training, capacity building training, cooperative development and agricultural credit training and support, and other technical assistance on issues concerning food, agriculture, agricultural credit, agricultural extension, rural development, or nutrition to underserved farmers, ranchers, or forest landowners, including veterans, limited resource producers, beginning farmers and ranchers, and farmers, ranchers, and forest landowners living in high poverty areas.

"(b) Land loss assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $250,000,000 to provide grants and loans to eligible entities, as determined by the Secretary, to improve land access (including heirs' property and fractionated land issues) for underserved farmers, ranchers, and forest landowners, including veterans, limited resource producers, beginning farmers and ranchers, and farmers, ranchers, and forest landowners living in high poverty areas.

"(c) Equity commissions.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $10,000,000 to fund the activities of one or more equity commissions that will address racial equity issues within the Department of Agriculture and the programs of the Department of Agriculture.

"(d) Research, education, and extension.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $250,000,000 to support and supplement agricultural research, education, and extension, as well as scholarships and programs that provide internships and pathways to agricultural sector or Federal employment, for 1890 Institutions (as defined in section 2 of the Agricultural, [sic] Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)), Alaska Native serving institutions and Native Hawaiian serving institutions eligible to receive grants under subsections (a) and (b), respectively, of section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156), Hispanic-serving institutions eligible to receive grants under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241), and the insular area institutions of higher education located in the territories of the United States, as referred to in section 1489 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3361).

"(e) Discrimination financial assistance.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $2,200,000,000 for a program to provide financial assistance, including the cost of any financial assistance, to farmers, ranchers, or forest landowners determined to have experienced discrimination prior to January 1, 2021, in Department of Agriculture farm lending programs, under which the amount of financial assistance provided to a recipient may be not more than $500,000, as determined to be appropriate based on any consequences experienced from the discrimination, which program shall be administered through 1 or more qualified nongovernmental entities selected by the Secretary subject to standards set and enforced by the Secretary.

"(f) Administrative costs.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2022, to remain available until September 30, 2031, out of any money in the Treasury not otherwise appropriated, $24,000,000 for administrative costs, including training employees, of the agencies and offices of the Department of Agriculture to carry out this section.

"(g) Limitation.—The funds made available under this section are subject to the condition that the Secretary shall not—

"(1) enter into any agreement under which any payment could be outlaid or funds disbursed after September 30, 2031; or

"(2) use any other funds available to the Secretary to satisfy obligations initially made under this section."

Minority Farmer Advisory Committee

Pub. L. 110–234, title XIV, §14008, May 22, 2008, 122 Stat. 1446, and Pub. L. 110–246, §4(a), title XIV, §14008, June 18, 2008, 122 Stat. 1664, 2208, provided that:

"(a) Establishment.—Not later than 18 months after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall establish an advisory committee, to be known as the 'Advisory Committee on Minority Farmers' (in this section referred to as the 'Committee').

"(b) Duties.—The Committee shall provide advice to the Secretary on—

"(1) the implementation of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);

"(2) methods of maximizing the participation of minority farmers and ranchers in Department of Agriculture programs; and

"(3) civil rights activities within the Department as such activities relate to participants in such programs.

"(c) Membership.—

"(1) In general.—The Committee shall be composed of not more than 15 members, who shall be appointed by the Secretary, and shall include—

"(A) not less than four socially disadvantaged farmers or ranchers (as defined in section 2501(e)(2) [now 2501(a)(2)] of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)(2)) [now 7 U.S.C. 2279(a)(5)]);

"(B) not less than two representatives of nonprofit organizations with a history of working with minority farmers and ranchers;

"(C) not less than two civil rights professionals;

"(D) not less than two representatives of institutions of higher education with demonstrated experience working with minority farmers and ranchers; and

"(E) such other persons as the Secretary considers appropriate.

"(2) Ex-officio members.—The Secretary may appoint such employees of the Department of Agriculture as the Secretary considers appropriate to serve as ex-officio members of the Committee."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Waiver of Statute of Limitations

Pub. L. 105–277, div. A, §101(a) [title VII, §741], Oct. 21, 1998, 112 Stat. 2681, 2681–30, provided that:

"(a) To the extent permitted by the Constitution, any civil action to obtain relief with respect to the discrimination alleged in an eligible complaint, if commenced not later than 2 years after the date of the enactment of this Act [Oct. 21, 1998], shall not be barred by any statute of limitations.

"(b) The complainant may, in lieu of filing a civil action, seek a determination on the merits of the eligible complaint by the Department of Agriculture if such complaint was filed not later than 2 years after the date of enactment of this Act [Oct. 21, 1998]. The Department of Agriculture shall—

"(1) provide the complainant an opportunity for a hearing on the record before making that determination;

"(2) award the complainant such relief as would be afforded under the applicable statute from which the eligible complaint arose notwithstanding any statute of limitations; and

"(3) to the maximum extent practicable within 180 days after the date a determination of an eligible complaint is sought under this subsection conduct an investigation, issue a written determination and propose a resolution in accordance with this subsection.

"(c) Notwithstanding subsections (a) and (b), if an eligible claim is denied administratively, the claimant shall have at least 180 days to commence a cause of action in a Federal court of competent jurisdiction seeking a review of such denial.

"(d) The United States Court of Federal Claims and the United States District Court shall have exclusive original jurisdiction over—

"(1) any cause of action arising out of a complaint with respect to which this section waives the statute of limitations; and

"(2) any civil action for judicial review of a determination in an administrative proceeding in the Department of Agriculture under this section.

"(e) As used in this section, the term 'eligible complaint' means a nonemployment related complaint that was filed with the Department of Agriculture before July 1, 1997 and alleges discrimination at any time during the period beginning on January 1, 1981 and ending December 31, 1996—

"(1) in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) in administering—

"(A) a farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or

"(B) a housing program established under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]; or

"(2) in the administration of a commodity program or a disaster assistance program.

"(f) This section shall apply in fiscal year 1999 and thereafter.

"(g) The standard of review for judicial review of an agency action with respect to an eligible complaint is de novo review. Chapter 5 of title 5 of the United States Code shall apply with respect to an agency action under this section with respect to an eligible complaint, without regard to section 554(a)(1) of that title."
7 U.S.C. § 6992 (2024) — Title 7: AGRICULTURE / Chapter 98: DEPARTMENT OF AGRICULTURE REORGANIZATION / Subchapter VIII: NATIONAL APPEALS DIVISION / Section 6992: National Appeals Division and Director
National Appeals Division and Director
Status: in_force

(a) Establishment of Division

The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.

(b) Director

(1) Appointment

The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees.

(2) Term and removal

The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal during the term of office, except for cause established in accordance with law.

(3) Position classification

The position of the Director may not be a position in the excepted service or filled by a noncareer appointee.

(c) Direction, control, and support

(1) Direction and control

(A) In general

Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture.

(B) Administrative support

The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary.

(C) Prohibition on delegation

The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division.

(2) Exception

The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the provisions in law, Executive order, or regulations that relate in general to competitive and excepted service positions and employment within the Division, including the position of Director, and such authority may be further delegated to subordinate officials.

(d) Determination of appealability of agency decisions

If an officer, employee, or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicability and thus not subject to appeal. The determination of the Director as to whether a decision is appealable shall be administratively final.

(e) Division personnel

(1) In general

The Director shall recommend to the Secretary persons for appointment as hearing officers as are necessary for the conduct of hearings under section 6997 of this title. The Director shall appoint such other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter. Each position of the Division shall be filled by an individual who is not a political appointee.

(2) Political appointee

In this subsection, the term "political appointee" means an individual occupying—

(A) a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

(B) a noncareer position in the Senior Executive Service, as described under section 3132(a)(7) of that title;

(C) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; or

(D) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.

(Pub. L. 103–354, title II, §272, Oct. 13, 1994, 108 Stat. 3229; Pub. L. 113–79, title I, §1610(a), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title XII, §12412, Dec. 20, 2018, 132 Stat. 4980.)

Editorial Notes

References in Text

This subchapter, referred to in subsec. (e), was in the original "this subtitle", meaning subtitle H (§§271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed sections 1433e and 1983b of this title.

Amendments

2018—Subsec. (e). Pub. L. 115–334 amended subsec. (e) generally. Prior to amendment, text read as follows: "The Director shall appoint such hearing officers and other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter."

2014—Subsec. (c). Pub. L. 113–79 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "The Director shall be free from the direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division."
7 U.S.C. § 2026a (2024) — Title 7: AGRICULTURE / Chapter 51: SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM / Section 2026a: Healthy fluid milk incentives projects
Healthy fluid milk incentives projects
Status: in_force

(a) Definition of fluid milk

In this section the term "fluid milk" means all varieties of pasteurized cow's milk that—

(1) is without flavoring or sweeteners,

(2) is consistent with the most recent dietary recommendations,

(3) is packaged in liquid form, and

(4) contains vitamins A and D at levels consistent with the Food and Drug Administration, State, and local standards for fluid milk.

(b) Projects

The Secretary of Agriculture shall carry out, under such terms and conditions as the Secretary considers to be appropriate, healthy fluid milk incentive projects to develop and test methods to increase the purchase and consumption of fluid milk by members of households that receive supplemental nutrition assistance program benefits by providing an incentive for the purchase of fluid milk at the point of purchase to members of households purchasing food with supplemental nutrition assistance program benefits.

(c) Grants or cooperative agreements

(1) In general

To carry out this section, the Secretary, on a competitive basis, shall enter into cooperative agreements with, or provide grants to, governmental entities or nonprofit organizations for projects that meet the purpose and selection criteria specified in this subsection.

(2) Application

To be eligible to enter into a cooperative agreement or receive a grant under this subsection, a government entity or nonprofit organization shall submit to the Secretary an application containing such information as the Secretary may require.

(3) Selection criteria

Projects proposed in applications shall be evaluated against publicly disseminated criteria that shall incorporate a scientifically based strategy that is designed to improve diet quality and nutritional outcomes through the increased purchase of fluid milk by members of households that participate in the supplemental nutrition assistance program.

(4) Use of funds

Funds made available to carry out this section shall not be used for any project that limits the use of benefits provided under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.].

(d) Evaluation and reporting

(1) Evaluation

(A) Independent evaluation

(i) In general

The Secretary shall provide for an independent evaluation of projects selected under this section that measures, to the maximum extent practicable, the impact on health and nutrition.

(ii) Requirement

The independent evaluation under this subparagraph shall use rigorous methodologies, particularly random assignment or other methods that are capable of producing scientifically valid information regarding which activities are effective.

(B) Costs

The Secretary may use funds not to exceed 7 percent of the funding provided to carry out this section to pay costs associated with evaluating the outcomes of the healthy fluid milk incentive projects.

(2) Reporting

Not later than December 31 of 2020, and biennially thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—

(A) the status of each healthy fluid milk incentives project, and

(B) the results of any completed evaluation that—

(i) include, to the maximum extent practicable, the impact of the healthy fluid milk incentive projects on health and nutrition outcomes among households participating in such projects, and

(ii) have not been submitted in a previous report under this paragraph.

(3) Public dissemination

In addition to the reporting requirements under paragraph (2), evaluation results shall be shared publicly to promote wide use of successful strategies.

(e) Funding

(1) Authorization of appropriations

There is authorized to be appropriated $20,000,000 to carry out and evaluate the outcomes of projects under this section, to remain available until expended.

(2) Appropriations in advance

Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.

(Pub. L. 115–334, title IV, §4208, Dec. 20, 2018, 132 Stat. 4667.)

Editorial Notes

References in Text

The Food and Nutrition Act of 2008, referred to in subsec. (c)(4), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Codification

Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Food and Nutrition Act of 2008 which comprises this chapter.
7 U.S.C. § 505 (2024) — Title 7: AGRICULTURE / Chapter 21: TOBACCO STATISTICS / Section 505: Access to internal-revenue records
Access to internal-revenue records
Status: in_force

The Secretary of Agriculture shall have access to the tobacco records of the Commissioner of Internal Revenue and of the several collectors of internal revenue for the purpose of obtaining lists of the persons subject to this chapter and for the purpose of aiding the collection of the information herein required, and the Commissioner of Internal Revenue and the several collectors of internal revenue shall cooperate with the Secretary of Agriculture in effectuating the provisions of this chapter.

(Jan. 14, 1929, ch. 69, §5, 45 Stat. 1080; Aug. 27, 1935, ch. 749, §3, 49 Stat. 894.)

Editorial Notes

Amendments

1935—Act Aug. 27, 1935, reenacted section without change.

Executive Documents

Abolition of Offices and Transfer of Functions

Offices of Internal Revenue Collector and Deputy Collector abolished by 1952 Reorg. Plan No. 1, §1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government Organization and Employees, and by section 2 thereof a new office of district commissioner of internal revenue was established. Section 4 of the Plan transferred all functions, that had been vested by statute in any officer or employee of Bureau of Internal Revenue since effective date of 1950 Reorg. Plan No. 26, §§1, 2, 15 F.R. 4935, 64 Stat. 1280, 1281, to Secretary of the Treasury.

Functions of all officers of Department of the Treasury, and functions of all agencies and employees of Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in text, is an officer of Department of the Treasury.
7 U.S.C. § 2907 (2024) — Title 7: AGRICULTURE / Chapter 62: BEEF RESEARCH AND INFORMATION / Section 2907: Refunds
Refunds
Status: in_force

(a) Establishment of escrow account

During the period prior to the approval of the continuation of an order pursuant to the referendum required under section 2906(a) of this title, subject to subsection (f), the Board shall—

(1) establish an escrow account to be used for assessment refunds;

(2) place funds in such account in accordance with subsection (b); and

(3) refund assessments to persons in accordance with this section.

(b) Funding escrow account

Subject to subsection (f), the Board shall place in such account, from assessments collected under section 2906 of this title during the period referred to in subsection (a), an amount equal to the product obtained by multiplying—

(1) the total amount of assessments collected under section 2906 of this title during such period; by

(2) the greater of—

(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or

(B) 15 percent.

(c) Demand and receipt of one-time refund

Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,1 any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 2906 of this title from such person during the period referred to in subsection (a) if such person—

(1) is responsible for paying such assessment; and

(2) does not support the program established under this chapter.

(d) Form and time period for demand for one-time refund

Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.

(e) Submission of proof for one-time refund

Such refund shall be made on submission of proof satisfactory to the Board that the producer, person, or importer—

(1) paid the assessment for which refund is sought; and

(2) did not collect such assessment from another producer, person, or importer.

(f) Insufficiency of funds in escrow account; proration of funds among eligible persons

(1) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is approved pursuant to the referendum required under section 2906(a) 1 of this title, the Board shall—

(A) continue to place in such account, from assessments collected under section 2904 of this title, the amount required under subsection (b), until such time as the Board is able to comply with subparagraph (B); and

(B) provide to all eligible persons the total amount of assessments demanded by all eligible producers.

(2) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum required under section 2906(a) of this title, the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

(Pub. L. 94–294, §8, May 28, 1976, 90 Stat. 532; Pub. L. 99–198, title XVI, §1601(b), Dec. 23, 1985, 99 Stat. 1604.)

Editorial Notes

References in Text

This chapter, referred to in provisions preceding par. 1 of subsec. (c), was in the original "this subtitle", and was translated as reading "this Act" to reflect the probable intent of Congress.

Section 2906(a) of this title, referred to in subsec. (f)(1), was in the original a reference to section 10(a) of Pub. L. 94–294, section 2909(a) of this title, and was translated as section 2906(a) of this title as the probable intent of Congress, in view of section 2909 of this title not containing a subsec. (a) and the subject matter of section 2906(a) which relates to a referendum.

Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to refunds for provisions relating to required terms and conditions in orders.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.

1 See References in Text note below.
7 U.S.C. § 2156 (2024) — Title 7: AGRICULTURE / Chapter 54: TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS / Section 2156: Animal fighting venture prohibition
Animal fighting venture prohibition
Status: in_force

(a) Sponsoring or exhibiting an animal in, attending, or causing an individual who has not attained the age of 16 to attend, an animal fighting venture

(1) Sponsoring or exhibiting

It shall be unlawful for any person to knowingly sponsor or exhibit an animal in an animal fighting venture.

(2) Attending or causing an individual who has not attained the age of 16 to attend

It shall be unlawful for any person to—

(A) knowingly attend an animal fighting venture; or

(B) knowingly cause an individual who has not attained the age of 16 to attend an animal fighting venture.

(b) Buying, selling, delivering, possessing, training, or transporting animals for participation in animal fighting venture

It shall be unlawful for any person to knowingly sell, buy, possess, train, transport, deliver, or receive any animal for purposes of having the animal participate in an animal fighting venture.

(c) Use of Postal Service or other interstate instrumentality for promoting or furthering animal fighting venture

It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any instrumentality of interstate commerce for commercial speech for purposes of advertising an animal, or an instrument described in subsection (d), for use in an animal fighting venture, promoting 1 or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.

(d) Buying, selling, delivering, or transporting sharp instruments for use in animal fighting venture

It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture.

(e) Investigation of violations by Secretary; assistance by other Federal agencies; issuance of search warrant; forfeiture; costs recoverable in forfeiture or civil action

The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate judge within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this subsection. Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgment of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals (1) if he appears in such forfeiture proceeding, or (2) in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

(f) Definitions

In this section—

(1) the term "animal fighting venture" means any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment, except that the term "animal fighting venture" shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal;

(2) the term "instrumentality of interstate commerce" means any written, wire, radio, television or other form of communication in, or using a facility of, interstate commerce;

(3) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; 2

(4) the term "animal" means any live bird, or any live mammal, except man.

(g) Relationship to other provisions

The conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this chapter as a dealer, exhibitor, or otherwise.

(h) Conflict with State law

(1) In general

The provisions of this chapter shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this chapter or any rule, regulation, or standard hereunder.

(2) Omitted

(i) Criminal penalties

The criminal penalties for violations of subsection (a), (b), (c), or (d) are provided in section 49 of title 18.

(Pub. L. 89–544, §26, as added Pub. L. 94–279, §17, Apr. 22, 1976, 90 Stat. 421; amended Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107–171, title X, §§10302(a), 10303(a), May 13, 2002, 116 Stat. 491, 492; Pub. L. 110–22, §3, May 3, 2007, 121 Stat. 88; Pub. L. 110–234, title XIV, §14207(a), May 22, 2008, 122 Stat. 1461; Pub. L. 110–246, §4(a), title XIV, §14207(a), June 18, 2008, 122 Stat. 1664, 2223; Pub. L. 113–79, title XII, §12308(b)(1), Feb. 7, 2014, 128 Stat. 990; Pub. L. 115–334, title XII, §12616(a)–(c), Dec. 20, 2018, 132 Stat. 5015, 5016.)

Editorial Notes

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.

Section is comprised of section 26 of Pub. L. 89–544, as added by Pub. L. 94–279. Subsec. (h)(2) of section 26 of Pub. L. 89–544, as added by Pub. L. 94–279, amended section 3001(a) of Title 39, Postal Service.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–334, §12616(a)(1)(A), substituted "It" for "Except as provided in paragraph (3), it".

Subsec. (a)(3). Pub. L. 115–334, §12616(a)(1)(B), struck out par. (3). Text read as follows: "With respect to fighting ventures involving live birds in a State where it would not be in violation of the law, it shall be unlawful under this subsection for a person to sponsor or exhibit a bird in the fighting venture only if the person knew that any bird in the fighting venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for the purpose of participation in the fighting venture."

Subsec. (c). Pub. L. 115–334, §12616(b), substituted "(d)" for "(e)".

Subsecs. (d) to (h). Pub. L. 115–334, §12616(a)(2), (3), redesignated subsecs. (e) to (i) as (d) to (h), respectively, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: "Notwithstanding the provisions of subsection (c), the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof."

Subsec. (i). Pub. L. 115–334, §12616(c), substituted "(d)" for "(e)".

Pub. L. 115–334, §12616(a)(3), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 115–334, §12616(a)(3), redesignated subsec. (j) as (i).

2014—Subsec. (a). Pub. L. 113–79, §12308(b)(1)(A), substituted "Sponsoring or exhibiting an animal in, attending, or causing an individual who has not attained the age of 16 to attend," for "Sponsoring or exhibiting an animal in" in heading.

Subsec. (a)(1). Pub. L. 113–79, §12308(b)(1)(B)(i), (ii), substituted "Sponsoring or exhibiting" for "In general" in heading and "paragraph (3)" for "paragraph (2)" in text.

Subsec. (a)(2), (3). Pub. L. 113–79, §12308(b)(1)(B)(iii), (iv), added par. (2) and redesignated former par. (2) as (3).

2008—Subsec. (a)(1). Pub. L. 110–246, §14207(a)(1)(A), struck out ", if any animal in the venture was moved in interstate or foreign commerce" before period at end.

Subsec. (a)(2). Pub. L. 110–246, §14207(a)(1)(B), which directed amendment of par. (2) by substituting "State" for "state" in heading, was executed by making the substitution for "states" in heading, to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 110–246, §14207(a)(2), inserted heading and substituted "possess, train, transport, deliver, or receive any animal for purposes of having the animal participate" for "transport, deliver, or receive for purposes of transportation, in interstate or foreign commerce, any dog or other animal for purposes of having the dog or other animal participate".

Subsec. (c). Pub. L. 110–246, §14207(a)(3), inserted heading and inserted "advertising an animal, or an instrument described in subsection (e), for use in an animal fighting venture," after "for purposes of".

Subsec. (d). Pub. L. 110–246, §14207(a)(4), inserted heading.

Subsec. (e). Pub. L. 110–246, §14207(a)(5), inserted heading.

Subsec. (f). Pub. L. 110–246, §14207(a)(6), inserted heading and, in last sentence, struck out "by the United States" after "Costs incurred", inserted "(1)" after "owner of the animals", and substituted "proceeding, or (2) in" for "proceeding or in".

Subsec. (g). Pub. L. 110–246, §14207(a)(7), inserted subsec. heading, in introductory provisions, substituted "In this section" for "For purposes of this section", in par. (1), substituted "any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment," for "any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment", redesignated pars. (3) to (5) as (2) to (4), respectively, in par. (4), substituted "mammal" for "dog or other mammal" and period for "; and" at end, and struck out former par. (2) which read as follows: "the term 'interstate or foreign commerce' means—

"(A) any movement between any place in a State to any place in another State or between places in the same State through another State; or

"(B) any movement from a foreign country into any State or from any State into any foreign country;".

Subsec. (g)(6). Pub. L. 110–246, §14207(a)(11), redesignated subsec. (g)(6) as (h).

Subsec. (h). Pub. L. 110–246, §14207(a)(11), redesignated subsec. (g)(6) as (h), inserted heading, and substituted "The" for "the".

Pub. L. 110–246, §14207(a)(8), redesignated subsec. (h) as (i).

Subsec. (i). Pub. L. 110–246, §14207(a)(8), (9), redesignated subsec. (h) as (i) and inserted subsec. and par. (1) headings. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 110–246, §14207(a)(8), (10), redesignated subsec. (i) as (j) and inserted heading.

2007—Subsec. (c). Pub. L. 110–22, §3(1), substituted "instrumentality of interstate commerce for commercial speech" for "interstate instrumentality".

Subsec. (d). Pub. L. 110–22, §3(2), substituted "such subsection" for "such subsections".

Subsec. (e). Pub. L. 110–22, §3(3), added subsec. (e) and struck out former subsec. (e) which read as follows: "Any person who violates subsection (a), (b), or (c) of this section shall be fined not more than $15,000 or imprisoned for not more than 1 year, or both, for each such violation."

Subsec. (g)(1). Pub. L. 110–22, §3(4)(A), struck out "or animals, such as waterfowl, bird, raccoon, or fox hunting" after "hunting another animal".

Subsec. (g)(3). Pub. L. 110–22, §3(4)(B), added par. (3) and struck out former par. (3) which read as follows: "the term 'interstate instrumentality' means telegraph, telephone, radio, or television operating in interstate or foreign commerce;".

Subsec. (i). Pub. L. 110–22, §3(5), added subsec. (i).

2002—Subsec. (a). Pub. L. 107–171, §10302(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "It shall be unlawful for any person to knowingly sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce."

Subsec. (b). Pub. L. 107–171, §10302(a)(2), substituted "deliver, or receive" for "or deliver to another person or receive from another person".

Subsec. (d). Pub. L. 107–171, §10302(a)(3), substituted "subsection (c)" for "subsections (a), (b), or (c) of this section".

Subsec. (e). Pub. L. 107–171, §10303(a)(1), inserted heading and substituted "$15,000" for "$5,000" in text.

Subsec. (g)(2)(B). Pub. L. 107–171, §10303(a)(2), inserted "or from any State into any foreign country" before semicolon.

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in subsec. (e) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 2018 Amendment

Pub. L. 115–334, title XII, §12616(e), Dec. 20, 2018, 132 Stat. 5016, provided that: "The amendments made by this section [amending this section, section 49 of Title 18, Crimes and Criminal Procedure, and section 3001 of Title 39, Postal Service] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2018]."

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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date of 2002 Amendment

Pub. L. 107–171, title X, §10302(b), May 13, 2002, 116 Stat. 492, provided that: "The amendments made by this section [amending this section] take effect 1 year after the date of enactment of this Act [May 13, 2002]."

Pub. L. 107–171, title X, §10303(b), May 13, 2002, 116 Stat. 492, provided that: "The amendment made by this section [amending this section] takes effect 1 year after the date of enactment of this Act [May 13, 2002]."

1 So in original. Probably should be preceded by "or".

2 So in original. The word "and" probably should appear.
7 U.S.C. § 5925 (2024) — Title 7: AGRICULTURE / Chapter 88: RESEARCH / Subchapter VII: MISCELLANEOUS RESEARCH PROVISIONS / Section 5925: High-priority research and extension initiatives
High-priority research and extension initiatives
Status: in_force

(a) Competitive specialized research and extension grants authorized

(1) In general

The Secretary of Agriculture (referred to in this section as the "Secretary") may make competitive grants to support research and extension activities specified in subsections (d) through (g).

(2) Matching funds requirement

(A) In general

Subject to subparagraph (C), an entity receiving a grant under paragraph (1) shall provide non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.

(B) In-kind support

Non-Federal matching funds described in subparagraph (A) may include in-kind support.

(C) Waiver

The Secretary may waive the matching funds requirement under subparagraph (A) with respect to a research project if the Secretary determines that—

(i) the results of the project are of a particular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or

(ii)(I) the project—

(aa) involves a minor commodity; and

(bb) deals with scientifically important research; and

(II) the recipient is unable to satisfy the matching funds requirement.

(3) Consultation

The Secretary shall make the grants in consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board.

(b) Administration

(1) In general

Except as otherwise provided in this section, paragraphs (4), (7), (8), and (11)(B) of subsection (b) of section 3157 of this title shall apply with respect to the making of grants under this section.

(2) Use of task forces

To facilitate the making of research and extension grants under this section in the research and extension areas specified in subsections (d) through (g), the Secretary may appoint a task force for each such area to make recommendations to the Secretary. The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with each task force established under this paragraph.

(c) Partnerships encouraged

Following the completion of a peer review process for grant proposals received under this section, the Secretary shall provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that involve the cooperation of multiple entities.

(d) High-priority research and extension areas

(1) Dairy financial risk management research and extension

Research and extension grants may be made under this section for the purpose of providing research, development, or education materials, information, and outreach programs regarding risk management strategies for dairy producers and for dairy cooperatives and other processors and marketers of milk.

(2) Potato research and extension

Research and extension grants may be made under this section for the purpose of developing and evaluating new strains of potatoes that are resistant to blight and other diseases, as well as insects. Emphasis may be placed on developing potato varieties that lend themselves to innovative marketing approaches.

(3) Wood use research and extension

Research and extension grants may be made under this section for the purpose of developing new uses for wood from underused tree species as well as investigating methods of modifying wood and wood fibers to produce better building materials.

(4) Bighorn and domestic sheep disease mechanisms

Research and extension grants may be made under this section to conduct research relating to the health status of (including the presence of infectious diseases in) bighorn and domestic sheep under range conditions.

(5) Agricultural development in the American-Pacific region

Research and extension grants may be made under this section to support food and agricultural science at a consortium of land-grant institutions in the American-Pacific region.

(6) Tropical and subtropical agricultural research

Research grants may be made under this section, in equal dollar amounts to the Caribbean and Pacific Basins, to support tropical and subtropical agricultural research, including pest and disease research, at the land-grant institutions in the Caribbean and Pacific regions.

(7) Women and minorities in stem fields

Research and extension grants may be made under this section to increase participation by women and underrepresented minorities from rural areas in the fields of science, technology, engineering, and mathematics, with priority given to eligible institutions that carry out continuing programs funded by the Secretary.

(8) Alfalfa seed and alfalfa forage systems research program

Research and extension grants may be made under this section for the purpose of studying improvements in alfalfa seed and alfalfa forage systems yields, biomass and persistence, pest pressures, the bioenergy potential of alfalfa seed and other alfalfa forage systems to reduce losses during harvest and storage.

(9) Coffee plant health initiative

Research and extension grants may be made under this section for the purposes of—

(A) developing and disseminating science-based tools and treatments to combat the coffee berry borer (Hypothenemus hampei); and

(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of, being affected by the coffee berry borer.

(10) Corn, soybean meal, cereal grains, and grain byproducts research and extension

Research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of the use of corn, soybean meal, cereal grains, and grain byproducts for the poultry and food animal production industries.

(11) Macadamia tree health initiative

Research and extension grants may be made under this section for the purposes of—

(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and

(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid.

(12) National turfgrass research initiative

Research and extension grants may be made under this section for the purposes of—

(A) carrying out or enhancing research related to turfgrass and sod issues;

(B) enhancing production and uses of turfgrass for the general public;

(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;

(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas;

(E) producing turfgrasses that—

(i) aid in mitigating soil erosion;

(ii) protect against pollutant runoff into waterways; or

(iii) provide other environmental benefits;

(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;

(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and

(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests.

(13) Fertilizer management initiative

(A) In general

Research and extension grants may be made under this section for the purpose of carrying out research to improve fertilizer use efficiency in crops—

(i) to maximize crop yield; and

(ii) to minimize nutrient losses to surface and groundwater and the atmosphere.

(B) Priority

In awarding grants under subparagraph (A), the Secretary shall give priority to research examining the impact of the source, rate, timing, and placement of plant nutrients.

(14) Cattle fever tick program

Research and extension grants may be made under this section to study cattle fever ticks—

(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;

(B) to develop advanced methods for eradication of cattle fever ticks, including—

(i) alternative treatment methods for cattle and other susceptible species;

(ii) field treatment for premises, including corral pens and pasture loafing areas;

(iii) methods for treatment and control on infested wildlife;

(iv) biological control agents; and

(v) new and improved vaccines;

(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks;

(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health;

(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and

(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices.

(15) Laying hen and turkey research program

Research grants may be made under this section for the purpose of improving the efficiency and sustainability of laying hen and turkey production through integrated, collaborative research and technology transfer. Emphasis may be placed on laying hen and turkey disease prevention, antimicrobial resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions.

(16) Chronic wasting disease

Research and extension grants may be made under this section for the purposes of supporting research projects at land-grant colleges and universities (as defined in section 3103 of this title) with established deer research programs for the purposes of treating, mitigating, or eliminating chronic wasting disease.

(17) Algae agriculture research program

Research and extension grants may be made under this section for the development and testing of algae and algae systems (including micro- and macro-algae systems).

(18) Nutrient management

Research and extension grants may be made under this section for the purposes of examining nutrient management based on the source, rate, timing, and placement of crop nutrients.

(19) Dryland farming agricultural systems

Research and extension grants may be made under this section for the purposes of carrying out or enhancing research on the utilization of big data for more precise management of dryland farming agricultural systems.

(20) Hop plant health initiative

Research and extension grants may be made under this section for the purposes of developing and disseminating science-based tools and treatments to combat diseases of hops caused by the plant pathogens Podosphaera macularis and Pseudoperonospora humuli.

(e) Pulse crop health initiative

(1) Definitions

In this subsection:

(A) Initiative

The term "Initiative" means the pulse crop health initiative established by paragraph (2).

(B) Pulse crop

The term "pulse crop" means dry beans, dry peas, lentils, and chickpeas.

(2) Establishment

The Secretary shall carry out a pulse crop health competitive research and extension initiative to address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information, including—

(A) research conducted with respect to pulse crops in the areas of health and nutrition, such as—

(i) pulse crop diets and the ability of such diets to reduce obesity and associated chronic disease; and

(ii) the underlying mechanisms of the health benefits of pulse crop consumption;

(B) research related to the functionality of pulse crops, such as—

(i) improving the functional properties of pulse crops and pulse crop fractions; and

(ii) developing new and innovative technologies to improve pulse crops as an ingredient in food products;

(C) research conducted with respect to pulse crops for purposes of enhancing sustainability and global food security, such as—

(i) improving pulse crop productivity, nutrient density, and phytonutrient content using plant breeding, genetics, and genomics;

(ii) improving pest and disease management, including resistance to pests and diseases; and

(iii) improving nitrogen fixation and water use efficiency to reduce the carbon and energy footprint of agriculture;

(D) the optimization of systems used in producing pulse crops to reduce water usage; and

(E) education and technical assistance programs with respect to pulse crops, such as programs—

(i) providing technical expertise to help food companies include pulse crops in innovative and healthy food; and

(ii) establishing an educational program to encourage pulse crop consumption in the United States.

(3) Administration

Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of section 3157 of this title shall apply with respect to the making of a competitive grant under this subsection.

(4) Priorities

In making competitive grants under this subsection, the Secretary shall provide a higher priority to projects that—

(A) are multistate, multiinstitutional, and multidisciplinary; and

(B) include explicit mechanisms to communicate results to the pulse crop industry and the public.

(5) Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2023.

(f) Training coordination for food and agriculture protection

(1) In general

The Secretary shall make a competitive grant to, or enter into a contract or a cooperative agreement with, an eligible entity (described in paragraph (2)) for purposes of establishing an internationally integrated training system to enhance the protection of the food supply in the United States, to be known as the "Comprehensive Food Safety Training Network" (referred to in this subsection as the "Network").

(2) Eligibility

(A) In general

For purposes of this subsection, an eligible entity is a multiinstitutional consortium that includes—

(i) a nonprofit institution that provides food safety protection training; and

(ii) one or more training centers in institutions of higher education (as defined in section 1001 of title 20) that have demonstrated expertise in developing and delivering community-based training in food supply and agricultural safety and defense.

(B) Collective consideration

The Secretary may consider such consortium collectively and not on an institution-by-institution basis.

(3) Duties of eligible entity

As a condition of receiving a competitive grant or entering into a contract or a cooperative agreement with the Secretary under this subsection, the eligible entity, in cooperation with the Secretary, shall establish and maintain the Network, including by—

(A) providing basic, technical, management, and leadership training (including by developing curricula) to regulatory and public health officials, producers, processors, and other agribusinesses;

(B) serving as the hub for the administration of the Network;

(C) implementing a standardized national curriculum to ensure the consistent delivery of quality training throughout the United States;

(D) building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors;

(E) reviewing training proposed through the National Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality and content of proposed and existing courses;

(F) assisting Federal agencies in the implementation of food safety protection training requirements including requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Agricultural Act of 2014, and any provision of law amended by such Act; and

(G) performing evaluation and outcome-based studies to provide to the Secretary information on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system.

(4) Membership

An eligible entity may alter the consortium membership to meet specific training expertise needs.

(5) Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2014 through 2023, to remain available until expended.

(g) Pollinator protection

(1) Research and extension

(A) Grants

Research and extension grants may be made under this section—

(i) to survey and collect data on bee colony production and health;

(ii) to investigate pollinator biology, immunology, ecology, genomics, and bioinformatics;

(iii) to conduct research on various factors that may be contributing to or associated with colony collapse disorder, and other serious threats to the health of honey bees and other pollinators, including—

(I) parasites and pathogens of pollinators; and

(II) the sublethal effects of insecticides, herbicides, and fungicides on honey bees and native and managed pollinators;

(iv) to develop mitigative and preventative measures to improve native and managed pollinator health; and

(v) to promote the health of honey bees and native pollinators through habitat conservation and best management practices.

(B) Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2008 through 2023.

(2) Department of Agriculture capacity and infrastructure

(A) In general

The Secretary shall, to the maximum extent practicable, increase the capacity and infrastructure of the Department—

(i) to address colony collapse disorder and other long-term threats to pollinator health, including the hiring of additional personnel; and

(ii) to conduct research on colony collapse disorder and other pollinator issues at the facilities of the Department.

(B) Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $7,250,000 for each of fiscal years 2008 through 2023.

(3) Honey bee surveillance

There is authorized to be appropriated to conduct a nationwide honey bee pest, pathogen, health, and population status surveillance program $2,750,000 for each of fiscal years 2008 through 2023.

(4) Enhanced coordination of honeybee and pollinator research

(A) In general

The Chief Scientist of the Department of Agriculture shall coordinate research, extension, education, and economic activities in the Department of Agriculture relating to native and managed pollinator health and habitat.

(B) Duties

In carrying out subparagraph (A), the Chief Scientist shall—

(i) assign an individual to serve in the Office of the Chief Scientist as a Honeybee and Pollinator Research Coordinator who shall be responsible for leading the efforts of the Chief Scientist in carrying out such subparagraph;

(ii) implement and coordinate pollinator health research efforts of the Department, as recommended by the Pollinator Health Task Force;

(iii) establish annual strategic priorities and goals for the Department for native and managed pollinator research;

(iv) communicate such priorities and goals to each agency or office of the Department of Agriculture, the managed pollinator industry, and relevant grant recipients under programs administered by the Secretary; and

(v) coordinate and identify all research on native and managed pollinator health needed and conducted by the Department of Agriculture and relevant grant recipients under programs administered by the Secretary to ensure consistency and reduce unintended duplication of effort.

(C) Research

In coordinating research activities under subparagraph (A), the Chief Scientist shall ensure that such research—

(i) identifies and addresses the multiple stressors on pollinator health, including pests and pathogens, reduced habitat, lack of nutritional resources, and exposure to pesticides;

(ii) evaluates stewardship and management practices of managed pollinators that would impact managed pollinator health;

(iii) documents the prevalence of major pests, such as varroa destructor (commonly referred to as the varroa mite), and diseases that are transported between States through practices involving managed pollinators;

(iv) evaluates the impact of overcrowding of colonies for pollination services and the impact of such overcrowding on pollinator health status and pollinator health recovery;

(v) evaluates and reports on the health differences of managed pollinators in—

(I) crops not requiring contract pollination;

(II) crops requiring contract pollination; and

(III) native habitat;

(vi) evaluates the impact of horticultural and agricultural pest management practices on native and managed pollinator colonies in diverse agroecosystems;

(vii) documents pesticide residues that are—

(I) found in native and managed pollinator colonies; and

(II) associated with typical localized commercial crop pest management practices;

(viii) with respect to native and managed pollinator colonies visiting crops for crop pollination or honey production purposes, documents—

(I) the strength and health of such colonies;

(II) the survival, growth, reproduction, and production of such colonies;

(III) pests, pathogens, and viruses that affect such colonies;

(IV) environmental conditions of such colonies;

(V) beekeeper practices; and

(VI) any other relevant information, as determined by the Chief Scientist;

(ix) documents, with respect to healthy populations of managed pollinators, best management practices and other practices for managed pollinators and crop managers;

(x) evaluates the effectiveness of—

(I) conservation practices that target the specific needs of native and managed pollinator habitats;

(II) incentives that allow for the expansion of native and managed pollinator forage acreage; and

(III) managed pollinator breeding practices and efforts to, with respect to managed pollinators, avoid creating a genetic bottleneck and improve genetic diversity;

(xi) in the case of commercially managed pollinator colonies, continues to gather data—

(I) on an annual basis with respect to losses of such colonies, splits of such colonies, and the total number of pollinator colonies;

(II) on rising input costs; and

(III) overall economic value to the food economy; and

(xii) addresses any other issue relating to native and managed pollinators, as determined by the Chief Scientist, in consultation with scientific experts.

(D) Publication

The Chief Scientist, to the maximum extent practicable, shall—

(i) make publicly available the results of the research described in subparagraph (C); and

(ii) in the case of the research described in subparagraph (C)(vi), publish any data or reports that were produced by the Department of Agriculture but not made publicly available during the period beginning on January 1, 2008, and ending on December 20, 2018.

(5) Consultation

The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall publish guidance on enhancing pollinator health and the long-term viability of populations of pollinators, including recommendations related to—

(A) allowing for managed honey bees to forage on National Forest System lands where compatible with other natural resource management priorities; and

(B) planting and maintaining managed honey bee and native pollinator foraging on National Forest System lands where compatible with other natural resource management priorities.

(6) Annual report on response to honey bee colony collapse disorder

The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report—

(A) describing the progress made by the Department of Agriculture in—

(i) investigating the cause or causes of honey bee colony collapse and honey bee health disorders;

(ii) finding appropriate strategies, including best management practices 1 to reduce colony loss; and

(iii) addressing the decline of managed honey bees and native pollinators;

(B) assessing Federal efforts to mitigate pollinator losses and threats to the United States commercial beekeeping industry; and

(C) providing recommendations to Congress regarding how to better coordinate Federal agency efforts to address the decline of managed honey bees and native pollinators.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2023.

(Pub. L. 101–624, title XVI, §1672, Nov. 28, 1990, 104 Stat. 3770; Pub. L. 102–237, title IV, §§406, 407(11), Dec. 13, 1991, 105 Stat. 1864, 1865; Pub. L. 104–127, title VIII, §§836, 863, 888, Apr. 4, 1996, 110 Stat. 1169, 1174, 1180; Pub. L. 105–185, title II, §242, June 23, 1998, 112 Stat. 549; Pub. L. 107–171, title VII, §§7119, 7208(b), May 13, 2002, 116 Stat. 434, 442; Pub. L. 108–465, title III, §302, Dec. 21, 2004, 118 Stat. 3885; Pub. L. 110–234, title VII, §§7203, 7204, May 22, 2008, 122 Stat. 1233; Pub. L. 110–246, §4(a), title VII, §§7203, 7204, June 18, 2008, 122 Stat. 1664, 1994; Pub. L. 113–79, title VII, §§7128(b)(2)(C), 7209, Feb. 7, 2014, 128 Stat. 879, 881; Pub. L. 115–334, title VII, §§7209, 7614(b)(2)(C), Dec. 20, 2018, 132 Stat. 4806, 4834.)

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f)(3)(F), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

The Agricultural Act of 2014, referred to in subsec. (f)(3)(F), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. For complete classification of this Act to the Code, see Short Title note set out under section 9001 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). Pub. L. 115–334, §7614(b)(2)(C), designated first and second sentences as pars. (1) and (3), respectively, inserted headings, and added par. (2).

Subsec. (d)(8). Pub. L. 115–334, §7209(1)(A), substituted, in heading, "Alfalfa seed and alfalfa forage systems" for "Alfalfa and forage", and in text, substituted "alfalfa seed and alfalfa forage systems" for "alfalfa and forage" and "alfalfa seed and other alfalfa forage" for "alfalfa and other forages, and".

Subsec. (d)(11) to (20). Pub. L. 115–334, §7209(1)(B), added pars. (11) to (20).

Subsec. (e)(5). Pub. L. 115–334, §7209(2), substituted "2023" for "2018".

Subsec. (f)(5). Pub. L. 115–334, §7209(3), substituted "2023" for "2018".

Subsec. (g)(1)(B), (2)(B), (3). Pub. L. 115–334, §7209(4)(A), substituted "2023" for "2018".

Subsec. (g)(4) to (6). Pub. L. 115–334, §7209(4)(B), (C), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (h). Pub. L. 115–334, §7209(5), substituted "2023" for "2018".

2014—Subsec. (a). Pub. L. 113–79, §7209(1), substituted "subsections (d) through (g)" for "subsections (e) through (i)".

Subsec. (b)(2). Pub. L. 113–79, §7209(2), substituted "subsections (d) through (g)" for "subsections (e) through (i)".

Subsec. (c). Pub. L. 113–79, §7128(b)(2)(C), redesignated subsec. (d) as (c), and struck out former subsec. (c) which related to matching funds requirement.

Subsec. (d). Pub. L. 113–79, §7209(5), added pars. (9) and (10), redesignated pars. (6), (9), (10), (44), (45), (46), (49), and (50) as (1) to (8), respectively, and struck out former pars. (1) to (5), (7), (8), (11) to (43), (47), (48), (51), and (52), which related to certain research and extension grants.

Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (e) as (d).

Subsec. (e). Pub. L. 113–79, §7209(6), added subsec. (e) and struck out former subsec. (e) which related to imported fire ant control, management, and eradication.

Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (f) as (e).

Subsec. (f). Pub. L. 113–79, §7209(7), added subsec. (f) and struck out former subsec. (f) which related to Formosan termite research and eradication.

Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (h) as (g).

Subsec. (g)(1)(B), (2)(B). Pub. L. 113–79, §7209(8)(A), substituted "2018" for "2012".

Subsec. (g)(3). Pub. L. 113–79, §7209(8)(A), (B), struck out "pest and pathogen" after "bee" in heading and substituted "pest, pathogen, health, and population status surveillance" for "pest and pathogen surveillance" and "2018" for "2012" in text.

Subsec. (g)(4). Pub. L. 113–79, §7209(8)(D), added par. (4).Former par. (4) redesignated (5).

Subsec. (g)(5). Pub. L. 113–79, §7209(8)(E)(i), (ii), substituted "annual report—" for "annual report" in introductory provisions, inserted subpar. (A) designation before "describing", redesignated former subpars. (A) and (B) as cls. (i) and (ii) of subpar. (A), respectively, and realigned margins.

Pub. L. 113–79, §7209(8)(C), redesignated par. (4) as (5).

Subsec. (g)(5)(A)(i). Pub. L. 113–79, §7209(8)(E)(iii)(I), inserted "and honey bee health disorders" after "collapse".

Subsec. (g)(5)(A)(ii). Pub. L. 113–79, §7209(8)(E)(iv)(I), inserted ", including best management practices" after "strategies"

Subsec. (g)(5)(A)(iii). Pub. L. 113–79, §7209(8)(E)(iii)(II), (iv)(II), (v), added cl. (iii).

Subsec. (g)(5)(B), (C). Pub. L. 113–79, §7209(8)(E)(vi), added subpars. (B) and (C).

Subsec. (h). Pub. L. 113–79, §7209(9), substituted "2018" for "2012".

Pub. L. 113–79, §7209(3), (4), redesignated subsec. (i) as (h) and struck out former subsec. (h) which related to regional centers of excellence.

Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (i) as (h).

Subsec. (i). Pub. L. 113–79, §7209(4), redesignated subsec. (i) as (h).

Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (j) as (i).

Subsec. (j). Pub. L. 113–79, §7128(b)(2)(C)(ii), redesignated subsec. (j) as (i).

2008—Subsec. (a). Pub. L. 110–246, §7204(b)(1), substituted "subsections (e) through (i)" for "subsections (e), (f), and (g)" in first sentence.

Subsec. (b)(1). Pub. L. 110–246, §7204(b)(2)(A), substituted "paragraphs (4), (7), (8), and (11)(B)" for "paragraphs (1), (6), (7), and (11)".

Subsec. (b)(2). Pub. L. 110–246, §7204(b)(2)(B), substituted "subsections (e) through (i)" for "subsection (e)".

Subsec. (d). Pub. L. 110–246, §7203, substituted "shall" for "may".

Subsec. (e). Pub. L. 110–246, §7204(a)(1)(B)–(D), redesignated pars. (2), (3), (5), (6), (9) to (14), (16), (18) to (20), (22), (24), (25), (28) to (31), (33), (35) to (40), and (44) as (1) to (29), respectively, added pars. (30) to (52), and struck out former pars. (1), (4), (7), (8), (15), (17), (21), (23), (26), (27), (32), (34), (41) to (43), and (45), which related to research on the brown citrus aphid and the citrus tristeza virus, uses of mesquite, red meat safety, sorghum ergot eradication, development of the low-bush blueberry, wild pampas grass control, genetic aspects of scrapie in sheep, forestry, wind erosion, crop loss models, harvesting productivity for fruits and vegetables, agricultural marketing, beef cattle genetics, ingestion of dairy pipeline cleaner, genetic resource conservation, and improvement of specialty crop production, respectively.

Subsec. (e)(3). Pub. L. 110–246, §7204(a)(1)(A), substituted ", improving, and eventually commercializing, alfatoxin controls in corn and other affected agricultural products and crops" for "and controlling aflatoxin in the food and feed chains".

Subsecs. (h) to (j). Pub. L. 110–246, §7204(a)(2)–(4), added subsecs. (h) and (i), redesignated former subsec. (h) as (j), and substituted "2012" for "2007" in subsec. (j).

2004—Subsec. (e)(45). Pub. L. 108–465 added par. (45).

2002—Subsec. (e)(25) to (44). Pub. L. 107–171, §7208(b), added pars. (25) to (44).

Subsec. (h). Pub. L. 107–171, §7119, substituted "2007" for "2002".

1998—Pub. L. 105–185 amended section catchline and text generally, substituting present provisions for provisions which in subsecs. (a) to (f) which authorized specialized research programs relating to, respectively, brown citrus aphid and citrus tristeza virus, ethanol, aflatoxin, mesquite, prickly pear, and deer tick ecology and related research, and for provisions in subsec. (g) subjecting research to peer review, setting limitation on use of funds, and providing for general eligibility to participate in programs.

1996—Subsec. (a). Pub. L. 104–127, §§863(1), 888, added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Secretary of Agriculture is encouraged to fund research for the development of technology which will ascertain the lean content of animal carcasses to be used for human consumption."

Subsecs. (d)(4), (e)(4). Pub. L. 104–127, §836, substituted "1997" for "1995".

Subsec. (f). Pub. L. 104–127, §863, redesignated subsec. (i) as (f) and struck out heading and text of former subsec. (f). Text read as follows:

"(1) Research required.—The Secretary of Agriculture shall establish and carry out a program to make grants to colleges and universities for research relating to immunoassay used—

"(A) to detect agricultural pesticide residues on agricultural commodities for human consumption; and

"(B) to diagnose animal and plant diseases.

"(2) Preference.—In making grants under this subsection, the Secretary may give preference to those colleges and universities that, as of November 28, 1990, are conducting research described in this subsection."

Subsec. (g). Pub. L. 104–127, §863, redesignated subsec. (k) as (g) and struck out heading and text of former subsec. (g). Text read as follows: "The Secretary shall make research and extension grants available for the development of agricultural production and marketing systems that will service niche markets located in nearby metropolitan areas. In awarding such grants, the Secretary shall pay particular attention to areas—

"(1) with a high concentration of small farm operations; and

"(2) that experience difficulty in delivering products to market due to geographic isolation."

Subsec. (h). Pub. L. 104–127, §863(1), struck out subsec. (h) which provided that Secretary of Agriculture may establish and carry out a program to conduct research on disease of scrapie in sheep and goats.

Subsec. (i). Pub. L. 104–127, §§836, 863(2), redesignated subsec. (i) as (f) and substituted "1997" for "1995".

Subsec. (j). Pub. L. 104–127, §863(1), struck out heading and text of subsec. (j). Text read as follows: "The Secretary of Agriculture may—

"(1) conduct fundamental and applied research related to the development of new commercial products derived from natural plant materials for industrial, medical, and agricultural applications; and

"(2) participate with colleges and universities, other Federal agencies, and private sector entities in conducting such research."

Subsec. (k). Pub. L. 104–127, §863(2), redesignated subsec. (k) as (g).

1991—Subsec. (c). Pub. L. 102–237, §407(11), redesignated pars. (A) to (I) as (1) to (9), respectively.

Subsec. (i). Pub. L. 102–237, §406(1), substituted "Secretary of Agriculture, acting through the Cooperative State Research Service, to make competitive grants" for "Agricultural Research Service".

Subsec. (k)(1). Pub. L. 102–237, §406(2), substituted "Research" for "Except for research funded under subsection (i), research".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 7614(b)(2)(C) of Pub. L. 115–334 applicable to grants, cooperative agreements, or other awards made after Dec. 20, 2018, with matching funds requirement in effect on Dec. 20, 2018, to continue to apply to such grant, cooperative agreement, or other award, see section 7614(c) of Pub. L. 115–334, set out as a note under section 3151 of this title.

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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Methyl Bromide Alternatives

Pub. L. 108–465, title III, §301, Dec. 21, 2004, 118 Stat. 3885, provided that:

"(a) Priority.—The Secretary of Agriculture shall elevate the priority of current methyl bromide alternative research and extension activities and reexamine the risks and benefits of extending the phase-out deadline in effect on the date of the enactment of this Act [Dec. 21, 2004], including the estimated cost to the grower or processor associated with any alternatives proposed.

"(b) Authorization of Appropriations.—For each of the fiscal years 2005 through 2009, there is authorized to be appropriated to the Secretary of Agriculture $5,000,000 to carry out this section."

Executive Documents

Creating a Federal Strategy To Promote the Health of Honey Bees and Other Pollinators

Memorandum of President of the United States, June 20, 2014, 79 F.R. 35903, provided:

Memorandum for Heads of Executive Departments and Agencies

Pollinators contribute substantially to the economy of the United States and are vital to keeping fruits, nuts, and vegetables in our diets. Honey bee pollination alone adds more than $15 billion in value to agricultural crops each year in the United States. Over the past few decades, there has been a significant loss of pollinators, including honey bees, native bees, birds, bats, and butterflies, from the environment. The problem is serious and requires immediate attention to ensure the sustainability of our food production systems, avoid additional economic impact on the agricultural sector, and protect the health of the environment.

Pollinator losses have been severe. The number of migrating Monarch butterflies sank to the lowest recorded population level in 2013–14, and there is an imminent risk of failed migration. The continued loss of commercial honey bee colonies poses a threat to the economic stability of commercial beekeeping and pollination operations in the United States, which could have profound implications for agriculture and food. Severe yearly declines create concern that bee colony losses could reach a point from which the commercial pollination industry would not be able to adequately recover. The loss of native bees, which also play a key role in pollination of crops, is much less studied, but many native bee species are believed to be in decline. Scientists believe that bee losses are likely caused by a combination of stressors, including poor bee nutrition, loss of forage lands, parasites, pathogens, lack of genetic diversity, and exposure to pesticides.

Given the breadth, severity, and persistence of pollinator losses, it is critical to expand Federal efforts and take new steps to reverse pollinator losses and help restore populations to healthy levels. These steps should include the development of new public-private partnerships and increased citizen engagement. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Section 1. Establishing the Pollinator Health Task Force. There is hereby established the Pollinator Health Task Force (Task Force), to be co-chaired by the Secretary of Agriculture and the Administrator of the Environmental Protection Agency. In addition to the Co-Chairs, the Task Force shall also include the heads, or their designated representatives, from:

(a) the Department of State;

(b) the Department of Defense;

(c) the Department of the Interior;

(d) the Department of Housing and Urban Development;

(e) the Department of Transportation;

(f) the Department of Energy;

(g) the Department of Education;

(h) the Council on Environmental Quality;

(i) the Domestic Policy Council;

(j) the General Services Administration;

(k) the National Science Foundation;

(l) the National Security Council Staff;

(m) the Office of Management and Budget;

(n) the Office of Science and Technology Policy; and

(o) such executive departments, agencies, and offices as the Co-Chairs may designate.

Sec. 2. Mission and Function of the Task Force. Within 180 days of the date of this memorandum, the Task Force shall develop a National Pollinator Health Strategy (Strategy), which shall include explicit goals, milestones, and metrics to measure progress. The Strategy shall include the following components:

(a) Pollinator Research Action Plan. The Strategy shall include an Action Plan (Plan) to focus Federal efforts on understanding, preventing, and recovering from pollinator losses. The Plan shall be informed by research on relevant topics and include:

(i) studies of the health of managed honey bees and native bees, including longitudinal studies, to determine the relative contributions of, and mitigation strategies for, different stressors leading to species declines and colony collapse disorder, including exposure to pesticides, poor nutrition, parasites and other pests, toxins, loss of habitat and reduced natural forage, pathogens, and unsustainable management practices;

(ii) plans for expanded collection and sharing of data related to pollinator losses, technologies for continuous monitoring of honey bee hive health, and use of public-private partnerships, as appropriate, to provide information on the status and trends of managed hive losses;

(iii) assessments of the status of native pollinators, including the Monarch butterfly and bees, and modeling of native pollinator populations and habitats;

(iv) strategies for developing affordable seed mixes, including native pollinator-friendly plants, for maintenance of honey bees and other pollinators, and guidelines for and evaluations of the effectiveness of using pollinator-friendly seed mixes for restoration and reclamation projects;

(v) identification of existing and new methods and best practices to reduce pollinator exposure to pesticides, and new cost-effective ways to control bee pests and diseases; and

(vi) strategies for targeting resources toward areas of high risk and restoration potential and prioritizing plans for restoration of pollinator habitat, based on those areas that will yield the greatest expected net benefits.

(b) Public Education Plan. The Strategy shall include plans for expanding and coordinating public education programs outlining steps individuals and businesses can take to help address the loss of pollinators. It shall also include recommendations for a coordinated public education campaign aimed at individuals, corporations, small businesses, schools, libraries, and museums to significantly increase public awareness of the importance of pollinators and the steps that can be taken to protect them.

(c) Public-Private Partnerships. The Strategy shall include recommendations for developing public-private partnerships to build on Federal efforts to encourage the protection of pollinators and increase the quality and amount of habitat and forage for pollinators. In developing this part of the Strategy, the Task Force shall consult with external stakeholders, including State, tribal, and local governments, farmers, corporations, and nongovernmental organizations.

(d) Task Force member agencies shall report regularly to the Task Force on their efforts to implement section 3 of this memorandum.

Sec. 3. Increasing and Improving Pollinator Habitat. Unless otherwise specified, within 180 days of the date of this memorandum:

(a) Task Force member agencies shall develop and provide to the Task Force plans to enhance pollinator habitat, and subsequently implement, as appropriate, such plans on their managed lands and facilities, consistent with their missions and public safety. These plans may include: facility landscaping, including easements; land management; policies with respect to road and other rights-of-way; educational gardens; use of integrated vegetation and pest management; increased native vegetation; and application of pollinator-friendly best management practices and seed mixes. Task Force member agencies shall also review any new or renewing land management contracts and grants for the opportunity to include requirements for enhancing pollinator habitat.

(b) Task Force member agencies shall evaluate permit and management practices on power line, pipeline, utility, and other rights-of-way and easements, and, consistent with applicable law, make any necessary and appropriate changes to enhance pollinator habitat on Federal lands through the use of integrated vegetation and pest management and pollinator-friendly best management practices, and by supplementing existing agreements and memoranda of understanding with rights-of-way holders, where appropriate, to establish and improve pollinator habitat.

(c) Task Force member agencies shall incorporate pollinator health as a component of all future restoration and reclamation projects, as appropriate, including all annual restoration plans.

(d) The Council on Environmental Quality and the General Services Administration shall, within 90 days of the date of this memorandum, revise their respective guidance documents for designed landscapes and public buildings to incorporate, as appropriate, pollinator-friendly practices into site landscape performance requirements to create and maintain high quality habitats for pollinators. Future landscaping projects at all Federal facilities shall, to the maximum extent appropriate, use plants beneficial to pollinators.

(e) The Departments of Agriculture and the Interior shall, within 90 days of the date of this memorandum, develop best management practices for executive departments and agencies to enhance pollinator habitat on Federal lands.

(f) The Departments of Agriculture and the Interior shall establish a reserve of native seed mixes, including pollinator-friendly plants, for use on post-fire rehabilitation projects and other restoration activities.

(g) The Department of Agriculture shall, as appropriate and consistent with applicable law, substantially increase both the acreage and forage value of pollinator habitat in the Department's conservation programs, including the Conservation Reserve Program, and provide technical assistance, through collaboration with the land-grant university-based cooperative extension services, to executive departments and agencies, State, local, and tribal governments, and other entities and individuals, including farmers and ranchers, in planting the most suitable pollinator-friendly habitats.

(h) The Department of the Interior shall assist States and State wildlife organizations, as appropriate, in identifying and implementing projects to conserve pollinators at risk of endangerment and further pollinator conservation through the revision and implementation of individual State Wildlife Action Plans. The Department of the Interior shall, upon request, provide technical support for these efforts, and keep the Task Force apprised of such collaborations.

(i) The Department of Transportation shall evaluate its current guidance for grantees and informational resources to identify opportunities to increase pollinator habitat along roadways and implement improvements, as appropriate. The Department of Transportation shall work with State Departments of Transportation and transportation associations to promote pollinator-friendly practices and corridors. The Department of Transportation shall evaluate opportunities to make railways, pipelines, and transportation facilities that are privately owned and operated aware of the need to increase pollinator habitat.

(j) The Department of Defense shall, consistent with law and the availability of appropriations, support habitat restoration projects for pollinators, and shall direct military service installations to use, when possible, pollinator-friendly native landscaping and minimize use of pesticides harmful to pollinators through integrated vegetation and pest management practices.

(k) The Army Corps of Engineers shall incorporate conservation practices for pollinator habitat improvement on the 12 million acres of lands and waters at resource development projects across the country, as appropriate.

(l) The Environmental Protection Agency shall assess the effect of pesticides, including neonicotinoids, on bee and other pollinator health and take action, as appropriate, to protect pollinators; engage State and tribal environmental, agricultural, and wildlife agencies in the development of State and tribal pollinator protection plans; encourage the incorporation of pollinator protection and habitat planting activities into green infrastructure and Superfund projects; and expedite review of registration applications for new products targeting pests harmful to pollinators.

(m) Executive departments and agencies shall, as appropriate, take immediate measures to support pollinators during the 2014 growing season and thereafter. These measures may include planting pollinator-friendly vegetation and increasing flower diversity in plantings, limiting mowing practices, and avoiding the use of pesticides in sensitive pollinator habitats through integrated vegetation and pest management practices.

Sec. 4. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to any agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) Nothing in this memorandum shall be construed to require the disclosure of confidential business information or trade secrets, classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety.

(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e) The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.      

1 So in original. Probably should be followed by a comma.
7 U.S.C. § 4312 (2024) — Title 7: AGRICULTURE / Chapter 74: FLORAL RESEARCH AND CONSUMER INFORMATION / Section 4312: Refund of assessments
Refund of assessments
Status: in_force

Notwithstanding any other provisions of this chapter, any producer or importer who pays an assessment shall have the right to demand and receive from the Floraboard a refund of such assessment: Provided, That such demand shall be made by such producer or importer in accordance with regulations and on a form and within a time period prescribed by the Floraboard and approved by the Secretary, but in no event more than sixty days after the end of the month in which the assessment was paid. Such refund shall be made not later than sixty days after submission of proof satisfactory to the Floraboard that the producer or importer paid the assessment for which refund is sought.

(Pub. L. 97–98, title XVII, §1713, Dec. 22, 1981, 95 Stat. 1355.)
7 U.S.C. § 1691 (2024) — Title 7: AGRICULTURE / Chapter 41: FOOD FOR PEACE / Section 1691: United States policy
United States policy
Status: in_force

It is the policy of the United States to use its abundant agricultural productivity to promote the foreign policy of the United States by enhancing the food security of the developing world through the use of agricultural commodities and local currencies accruing under this chapter to—

(1) combat world hunger and malnutrition and their causes;

(2) promote broad-based, equitable, and sustainable development, including agricultural development;

(3) expand international trade;

(4) foster and encourage the development of private enterprise and democratic participation in developing countries; and

(5) prevent conflicts.

(July 10, 1954, ch. 469, §2, 68 Stat. 454; Pub. L. 89–808, §2(A), Nov. 11, 1966, 80 Stat. 1526; Pub. L. 94–161, title II, §201, Dec. 20, 1975, 89 Stat. 850; Pub. L. 99–198, title XI, §1111(a), Dec. 23, 1985, 99 Stat. 1474; Pub. L. 101–624, title XV, §1512, Nov. 28, 1990, 104 Stat. 3633; Pub. L. 107–171, title III, §3001, May 13, 2002, 116 Stat. 280; Pub. L. 110–246, title III, §3002, June 18, 2008, 122 Stat. 1821.)

Editorial Notes

Amendments

2008—Pars. (4) to (6). Pub. L. 110–246 redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4) which read as follows: "develop and expand export markets for United States agricultural commodities;".

2002—Par. (6). Pub. L. 107–171 added par. (6).

1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions declaring policy of United States to expand trade, develop export markets, encourage economic development and private enterprise in developing countries, improve local food production and promote foreign policy, and requiring President to give priority to countries most affected by food shortages, encourage other donors, link assistance to local agricultural and related development, seek expanded markets for American commodities, and recognize and support American farm economy.

1985—Pub. L. 99–198 included Congressional declaration of policy to use accrued foreign currencies to foster and encourage the development of private enterprise in developing countries and to enhance food security in developing countries through local food production in first sentence.

1975—Pub. L. 94–161 inserted provisions of second sentence, including cls. (1) to (5), respecting considerations in furnishing food aid under this chapter.

1966—Pub. L. 89–808 restated the Congressional declaration of policy to include the use of the abundant agricultural productivity of the United States to combat hunger and malnutrition and the emphasis on assistance to those developing countries that are determined to improve their own agricultural production and to exclude statement of a policy to facilitate the convertibility of currency, to make maximum efficient use of surplus agricultural commodities in furtherance of the foreign policy of the United States, to purchase strategic materials, to pay United States obligations abroad, and to promote collective strength.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 110–246, title III, §3001(c), June 18, 2008, 122 Stat. 1821, provided that: "Any reference in any Federal, State, tribal, or local law (including regulations) to the 'Agricultural Trade Development and Assistance Act of 1954' shall be considered to be a reference to the 'Food for Peace Act' [see Short Title note below]."

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date of 1990 Amendment

Pub. L. 101–624, title XV, §1513, Nov. 28, 1990, 104 Stat. 3662, provided that: "The amendment made by section 1512 [enacting sections 1736g–1 and 1737 to 1738m of this title, amending this section and sections 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f, and 1736g of this title, and enacting provisions set out as a note under this section] shall become effective on January 1, 1991."

Effective Date of 1966 Amendment

Pub. L. 89–808, §5, Nov. 11, 1966, 80 Stat. 1538, provided that: "This Act [enacting sections 1707a, 1710, 1725, and 1736a to 1736d of this title, amending this section and sections 1431, 1431b, 1446a–1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of this title, repealing sections 1693 to 1697 of this title, and amending provisions set out as a note under section 1701 of this title] shall take effect as of January 1, 1967, except that section 4 [enacting section 1707a of this title] shall take effect upon enactment [Nov. 11, 1966]."

Short Title of 1998 Amendment

Pub. L. 105–385, §1(a), Nov. 13, 1998, 112 Stat. 3460, provided that: "This Act [amending sections 1736f–1 and 4001 of this title and section 1241f of Title 46, Appendix, Shipping, enacting provisions set out as notes under this section, section 1721 of this title, and section 2293 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under section 1736f–1 of this title] may be cited as the 'Africa: Seeds of Hope Act of 1998'."

Pub. L. 105–385, title II, §211, Nov. 13, 1998, 112 Stat. 3465, provided that: "This subtitle [subtitle B (§§211, 212) of title II of Pub. L. 105–385, amending sections 1736f–1 and 4001 of this title and section 1241f of Title 46, Appendix, Shipping, and amending provisions set out as a note under section 1736f–1 of this title] may be cited as the 'Bill Emerson Humanitarian Trust Act of 1998'."

Short Title of 1992 Amendment

Pub. L. 102–532, §1, Oct. 27, 1992, 106 Stat. 3509, provided that: "This Act [enacting sections 1738o to 1738r, 3294, and 5404 of this title and amending section 1738m of this title] may be cited as the 'Enterprise for the Americas Initiative Act of 1992'."

Pub. L. 102–532, §2, Oct. 27, 1992, 106 Stat. 3509, which enacted sections 1738o to 1738r of this title, is popularly known as the "Good Neighbor Environmental Act of 1992".

Short Title of 1990 Amendment

Pub. L. 101–624, title XV, §1501, Nov. 28, 1990, 104 Stat. 3632, provided that: "This title [see Tables for classification] may be cited as the 'Agricultural Development and Trade Act of 1990'."

Pub. L. 101–624, title XV, §1511, Nov. 28, 1990, 104 Stat. 3633, provided that: "This subtitle [subtitle A (§§1511–1517) of title XV of Pub. L. 101–624, enacting sections 1706, 1736g–1 and 1737 to 1738m of this title and sections 1241g to 1241v of Appendix to Title 46, Shipping, amending this section and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736g, 1736o, 1736bb–6 of this title, and section 1241f of Appendix to Title 46, and enacting provisions set out as notes under this section] may be cited as the 'Mickey Leland Food for Peace Act'."

Short Title of 1988 Amendment

Pub. L. 100–576, §1, Oct. 31, 1988, 102 Stat. 2897, provided that: "This Act [amending section 1727 of this title and enacting provisions set out as a note under section 1727 of this title] may be cited as the 'Bangladesh Disaster Assistance Act of 1988'."

Short Title of 1987 Amendment

Pub. L. 100–202, §16, as added by Pub. L. 100–418, title IV, §4610(a), Aug. 23, 1988, 102 Stat. 1411, provided that sections 1 to 16 under the heading "Agricultural Aid and Trade Missions Act" of Pub. L. 100–202, which enacted sections 1726b and 1736bb to 1736bb–6 of this title, and amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, was to be cited as the "Agricultural Aid and Trade Missions Act", prior to repeal by Pub. L. 104–127, title II, §271(a), Apr. 4, 1996, 110 Stat. 976.

Short Title of 1980 Amendment

For short title of title III of Pub. L. 96–494, which enacted section 1736f–1 of this title, as the "Bill Emerson Humanitarian Trust Act", see section 301 of Pub. L. 96–494, as added and amended, set out as a Short Title note under section 1736f–1 of this title.

Short Title of 1966 Amendment

Pub. L. 89–808, §1, Nov. 11, 1966, 80 Stat. 1526, provided: "That this Act [enacting sections 1707a, 1710, 1725, and 1736a to 1736d, amending this section and sections 1431, 1431b, 1446a–1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736, repealing sections 1693 to 1697 of this title, and amending provisions set out as a note under section 1701 of this title] may be cited as the 'Food for Peace Act of 1966'."

Short Title

Act July 10, 1954, ch. 469, §1, 68 Stat. 454, as amended by act Nov. 28, 1990, Pub. L. 101–624, title XV, §1512, 104 Stat. 3633; Pub. L. 110–246, title III, §3001(a), June 18, 2008, 122 Stat. 1820, provided that: "This Act [enacting this chapter] may be cited as the 'Food for Peace Act'."

Minimum Level of Food Assistance

Pub. L. 100–418, title IV, §4310, Aug. 23, 1988, 102 Stat. 1399, as amended by Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(J), June 18, 2008, 122 Stat. 1820, provided that:

"(a) Annual Minimum.—It is the sense of Congress that—

"(1) the United States should maintain its historic proportion of food assistance constituting one-third of all United States foreign economic assistance; and

"(2) accordingly, the total amount of food assistance made available to foreign countries under the Food for Peace Act (7 U.S.C. 1691 et seq.) and section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not be less than one-third of the total amount of foreign economic assistance provided for each fiscal year.

"(b) Definition.—For purposes of this section, the term 'foreign economic assistance' includes—

"(1) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Food for Peace Act (7 U.S.C. 1691 et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), or any other law authorizing economic assistance for foreign countries; and

"(2) United States contributions to the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, or any other multilateral development bank."

Food Aid and Market Development

Pub. L. 100–418, title IV, §4311, Aug. 23, 1988, 102 Stat. 1400, which declared it to be the policy of the United States to use food aid and agriculturally-related foreign economic assistance programs more effectively to develop markets for United States agricultural commodities and products, and which directed the President (or, as appropriate, the Secretary of Agriculture) to encourage recipient countries under food assistance agreements entered into under any program administered by the Secretary to agree to give preference to United States food and food products in future food purchases, was repealed by Pub. L. 101–624, title XV, §1571, Nov. 28, 1990, 104 Stat. 3702.

Agricultural Trade and Export Policy Commission Act

Pub. L. 97–98, title XII, subtitle C (§§1217–1224), as added Pub. L. 98–412, Aug. 30, 1984, 98 Stat. 1576, known as the Agricultural Trade and Export Policy Commission Act, established a National Commission on Agricultural Trade and Export Policy to conduct a study of agriculture-related trade and export policies, programs, and practices of United States, directed Commission to submit to President and Congress a final report and recommendations by July 1, 1986, and provided for termination of Commission 60 days thereafter.

Use of Nonprice-Supported Commodities

Pub. L. 95–113, title XII, §1209, Sept. 29, 1977, 91 Stat. 957, as amended by Pub. L. 110–246, title III, §3001(c), June 18, 2008, 122 Stat. 1821, provided that: "It is the sense of Congress that there be no discrimination between 'price-supported' and 'nonprice-supported' commodities in the programming of commodities under the Food for Peace Act, as amended (Public Law 480) [which enacted this chapter and amended sections 1427 and 1431 of this title]."

Special Task Force

Pub. L. 95–113, title XII, §1210, Sept. 29, 1977, 91 Stat. 957, required the Secretary of Agriculture, not later than eighteen months after Sept. 29, 1977, to appoint a special task force to review and report to Congress upon the administration of the Agricultural Trade Development and Assistance Act of 1954 (now Food for Peace Act), 7 U.S.C. 1961 et seq.

Executive Documents

Executive Order No. 10560

Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by Ex. Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22 F.R. 3213; Ex. Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971; Ex. Ord. No. 10799, Jan. 16, 1959, 24 F.R. 447; Ex. Ord. No. 10827, June 25, 1959, 24 F.R. 5233; Ex. Ord. No. 10884, Aug. 17, 1960, 25 F.R. 8019, which provided for the delegation of administrative functions, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as a note under this section, and was revoked by section 1–502(a) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.

Executive Order No. 10685

Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated the International Cooperation Administration as the Federal agency to which funds required for ocean freight costs could be transferred by the Commodity Credit Corporation, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as a note under this section, and was revoked by section 1–502(b) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.

Executive Order No. 10900

Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex. Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972, Nov. 3, 1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27 F.R. 6653; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11963, Jan. 19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which related to the delegation of administrative functions, was revoked by section 1–501 of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.

Executive Order No. 11252

Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by Ex. Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred to the Secretary of State all functions of the Director of the Food-For-Peace Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

Executive Order No. 12220

Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided for delegation of administrative functions relating to agricultural trade development, was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out below.

Ex. Ord. No. 12752. Implementation of Agricultural Trade Development and Assistance Act of 1954, as Amended, and Food for Progress Act of 1985, as Amended

Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, as amended by Ex. Ord. No. 13044, Apr. 18, 1997, 62 F.R. 19665, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act, 7 U.S.C. 1691 et seq.], as amended by Public Law 101–624 ("Agricultural Trade Development Act"), the Food for Progress Act of 1985 [7 U.S.C. 1736o], as amended by Public Law 101–624 ("Food for Progress Act"), and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

Section 1. Establishment of Programs. There is hereby established:

(a) a program under title I of the Agricultural Trade Development Act [7 U.S.C. 1701 et seq.] to provide for the sale of agricultural commodities to developing countries and private entities. Such program shall be implemented by the Secretary of Agriculture (hereafter referred to as the "Secretary").

(b) a program under title II of the Agricultural Trade Development Act [7 U.S.C. 1721 et seq.] to provide for the donation of agricultural commodities to foreign countries. Such program shall be implemented by the Administrator of the Agency for International Development (hereafter referred to as the "Administrator").

(c) a program under title III of the Agricultural Trade Development Act [7 U.S.C. 1727 et seq.] to provide for the donation of agricultural commodities to least developed countries. Such program shall be implemented by the Administrator.

Sec. 2. International Negotiations and Accounting for Foreign Currencies. (a) The Secretary with respect to title I, and the Administrator with respect to titles II and III of the Agricultural Trade Development Act, shall negotiate and execute agreements under the Agricultural Trade Development Act in accord with section 112b of title I [sic] of the United States Code and applicable regulations and procedures of the Department of State.

(b)(1) Foreign currencies that accrue to the United States under titles I and III of the Agricultural Trade Development Act may be used for the purposes set forth in section 104 and section 306 of that Act [7 U.S.C. 1704, 1727e], respectively, in amounts consistent with applicable provisions of law and agreements. Such foreign currencies shall be subject to regulations of the Department of the Treasury governing the purchase, custody, deposit, transfer, and sale of foreign currencies received under the Agricultural Trade Development Act.

(2) The Director of the Office of Management and Budget (hereafter referred to as the "Director") shall determine the amount of foreign currencies to be used for the purposes of section 104(c)(8) of the Agricultural Trade Development Act, and such purposes shall be carried out by the agencies with authority to pay the obligations abroad. The purposes of the remaining paragraphs of section 104(c) of that Act shall be carried out by the Department of Agriculture, utilizing, where appropriate, the expertise of other agencies.

(3) The Secretary and Administrator shall transmit the reports required by the provisions of paragraph 5 of the Act of August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign currencies accruing under title I and title III of the Agricultural Trade Development Act, respectively.

Sec. 3. Policy Coordination. (a) To ensure policy coordination of assistance provided under the Agricultural Trade Development Act and the Food for Progress Act, there is hereby established a Food Assistance Policy Council (hereafter referred to as the "Council").

(b) The Council will include senior representatives of the Department of Agriculture, the Agency for International Development, the Department of State, and the Office of Management and Budget. Meetings of the Council shall be called by the Secretary or his designee at the request of any senior representative of the Council.

(c) The Council shall advise the President on appropriate policies under the Agricultural Trade Development Act and the Food for Progress Act and shall coordinate decisions on allocations and other policy issues, as well as prepare the report required by section 407(g)(1) of the Agricultural Trade Development Act [7 U.S.C. 1736a(g)(1)].

(d) As necessary for effective coordination, the Council shall provide its advice to the President through the appropriate Cabinet-level body.

Sec. 4. Delegation of Responsibilities. (a) The function conferred upon the President in section 403(j) of the Agricultural Trade Development Act [7 U.S.C. 1733(j)] is hereby delegated to the Secretary of State.

(b) The functions conferred upon the President by section 411 of the Agricultural Trade Development Act [7 U.S.C. 1736e] are hereby delegated to the Secretary, in consultation with the Council and the Department of the Treasury.

(c) The functions conferred upon the President by section 412(c) of the Agricultural Trade Development Act [7 U.S.C. 1736f(c)] are hereby delegated to the Director, who shall consult with the Council on these functions.

(d) The functions conferred upon the President by title V of the Agricultural Trade Development Act [7 U.S.C. 1737] are hereby delegated to the Administrator.

(e) The functions conferred upon the President by the Food for Progress Act, as amended [7 U.S.C. 1736o], are hereby delegated to the Secretary.

Sec. 5. Regulatory Review. Policies, regulations, and analyses required by this Executive order shall be fully consistent with the standards and criteria, analyses and procedures set forth in Executive Order Nos. 12291 and 12498 [formerly 5 U.S.C. 601 notes].

Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and Executive Order No. 12583 of February 19, 1987, are revoked.