7 U.S.C. § 5925b — Organic agriculture research and exten-

Page 1806 TITLE 7—AGRICULTURE § 5925a 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 sub- ject 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 Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Nothing in this memorandum shall be construed to require the disclosure of confidential business infor- mation or trade secrets, classified information, law en- forcement sensitive information, or other information that must be protected in the interest of national secu- rity or public safety. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Fed- eral Register. BARACK OBAMA. § 5925a. Repealed. Pub. L. 113–79, title VII, § 7210, Feb. 7, 2014, 128 Stat. 885 Section, Pub. L. 101–624, title XVI, § 1672A, as added Pub. L. 105–185, title II, § 243, June 23, 1998, 112 Stat. 554; amended Pub. L. 107–171, title VII, § 7120, May 13, 2002, 116 Stat. 434; Pub. L. 110–234, title VII, § 7205, May 22, 2008, 122 Stat. 1238; Pub. L. 110–246, § 4(a), title VII, § 7205, June 18, 2008, 122 Stat. 1664, 1999, related to nutri- ent management research and extension initiative. Statutory Notes and Related Subsidiaries STUDY OF NUTRIENT BANKING Pub. L. 107–171, title VII, § 7411, May 13, 2002, 116 Stat. 462, provided that the Secretary of Agriculture may conduct study to evaluate nutrient banking for purpose of enhancing health and viability of watersheds in areas with large concentrations of animal producing units, prior to repeal by Pub. L. 113–79, title VII, § 7408(c), Feb. 7, 2014, 128 Stat. 898. § 5925b. Organic agriculture research and exten- sion initiative (a) Competitive specialized research and exten- sion grants authorized In consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board, using funds made available under subsection (e), the Secretary of Agri- culture (referred to in this section as the ‘‘Sec- retary’’) may make competitive grants in each of fiscal years 2019 through 2023 to support re- search, education, and extension activities re- garding organically grown and processed agri- cultural commodities for the purposes of— (1) facilitating the development and im- provement of organic agriculture production, breeding, and processing methods; (2) evaluating the potential economic bene- fits of organic agricultural production and methods to producers, processors, and rural communities; (3) exploring international trade opportuni- ties for organically grown and processed agri- cultural commodities; (4) determining desirable traits for organic commodities; (5) identifying marketing and policy con- straints on the expansion of organic agri- culture; (6) conducting advanced on-farm research and development that emphasizes observation of, experimentation with, and innovation for working organic farms, including research re- lating to production, marketing, food safety, socioeconomic conditions, and farm business management; (7) examining optimal conservation, soil health, and environmental outcomes relating to organically produced agricultural products; and (8) developing new and improved seed vari- eties that are particularly suited for organic agriculture. (b) Grant types and process, prohibition on con- struction Paragraphs (4), (7), (8), and (11)(B) of sub- section (b) of section 3157 of this title shall apply with respect to the making of grants under this section. (c) Matching requirement (1) In general Subject to paragraph (3), an entity receiving a grant under subsection (a) shall provide non- Federal matching funds (including funds from an agricultural commodity promotion, re- search, and information program) equal to not less than the amount of the grant. (2) In-kind support Non-Federal matching funds described in paragraph (1) may include in-kind support. (3) Waiver The Secretary may waive the matching funds requirement under paragraph (1) with re- spect to a research project if the Secretary de- termines that— (A) the results of the project are of a par- ticular benefit to a specific agricultural commodity, but those results are likely to be applicable to agricultural commodities generally; or (B)(i) the project— (I) involves a minor commodity; and (II) deals with scientifically important research; and (ii) the recipient is unable to satisfy the matching funds requirement. (d) Partnerships encouraged Following the completion of a peer review process for grant proposals received under this section, the Secretary may provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that in- volve the cooperation of multiple entities. (e) Funding On October 1, 2003, and each October 1 there- after through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer $3,000,000 to the Secretary of Agriculture for this section. Page 1807 TITLE 7—AGRICULTURE § 5925b 1 So in original. The word ‘‘and’’ probably should not appear. (f) Funding (1) Mandatory funding Of the funds of the Commodity Credit Cor- poration, the Secretary shall make available to carry out this section— (A) $18,000,000 for fiscal year 2009; (B) $20,000,000 for each of fiscal years 2010 through 2012; (C) $20,000,000 for each of fiscal years 2014 through 2018; and 1 (D) $20,000,000 for each of fiscal years 2019 through 2020; (E) $25,000,000 for fiscal year 2021; (F) $30,000,000 for fiscal year 2022; and (G) $50,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Discretionary funding In addition to amounts made available under paragraph (1), there is authorized to be appro- priated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023. (3) Fiscal year 2013 There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2013. (Pub. L. 101–624, title XVI, § 1672B, as added Pub. L. 105–185, title II, § 244, June 23, 1998, 112 Stat. 555; amended Pub. L. 107–171, title VII, § 7218, May 13, 2002, 116 Stat. 449; Pub. L. 110–234, title VII, §§ 7206(a), 7406(d)(3), May 22, 2008, 122 Stat. 1238, 1252; Pub. L. 110–246, § 4(a), title VII, §§ 7206(a), 7406(d)(3), June 18, 2008, 122 Stat. 1664, 1999, 2013; Pub. L. 112–240, title VII, § 701(e)(1), Jan. 2, 2013, 126 Stat. 2364; Pub. L. 113–79, title VII, §§ 7128(b)(2)(D), 7211, Feb. 7, 2014, 128 Stat. 879, 885; Pub. L. 115–334, title VII, §§ 7210, 7614(b)(2)(D), Dec. 20, 2018, 132 Stat. 4811, 4835.) 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. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 7210(1)(A), in intro- ductory provisions, inserted ‘‘using funds made avail- able under subsection (e),’’ after ‘‘Board,’’ and ‘‘in each of fiscal years 2019 through 2023’’ after ‘‘grants’’. Subsec. (a)(7). Pub. L. 115–334, § 7210(1)(B), inserted ‘‘, soil health,’’ after ‘‘conservation’’. Subsecs. (c) to (e). Pub. L. 115–334, § 7614(b)(2)(D), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f). Subsec. (e)(1)(D) to (G). Pub. L. 115–334, § 7210(2)(A), added subpars. (D) to (G). Subsec. (e)(2). Pub. L. 115–334, § 7210(2)(B), in heading, struck out ‘‘for fiscal years 2014 through 2018’’ after ‘‘funding’’, and in text, substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (f). Pub. L. 115–334, § 7614(b)(2)(D)(i), redesig- nated subsec. (e) as (f). 2014—Subsec. (a). Pub. L. 113–79, § 7211(1)(A), inserted ‘‘, education,’’ after ‘‘support research’’ in introduc- tory provisions. Subsec. (a)(1). Pub. L. 113–79, § 7211(1)(B), inserted ‘‘and improvement’’ after ‘‘development’’. Subsec. (a)(2). Pub. L. 113–79, § 7211(1)(C), substituted ‘‘of organic agricultural production and methods to producers, processors, and rural communities’’ for ‘‘to producers and processors who use organic methods’’. Subsec. (a)(6). Pub. L. 113–79, § 7211(1)(D), substituted ‘‘, marketing, food safety, socioeconomic conditions, and farm business management’’ for ‘‘and marketing and to socioeconomic conditions’’. Subsecs. (c), (d). Pub. L. 113–79, § 7128(b)(2)(D), redesig- nated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which related to matching funds requirement. Subsec. (e). Pub. L. 113–79, § 7128(b)(2)(D)(ii), redesig- nated subsec. (f) as (e). Subsec. (e)(1). Pub. L. 113–79, § 7211(2)(A)(i), struck out ‘‘for fiscal years 2009 through 2012’’ after ‘‘funding’’ in heading. Subsec. (e)(1)(C). Pub. L. 113–79, § 7211(2)(A)(ii)–(iv), added subpar. (C). Subsec. (e)(2). Pub. L. 113–79, § 7211(2)(B), substituted ‘‘2014 through 2018’’ for ‘‘2009 through 2012’’ in heading and text. Subsec. (f). Pub. L. 113–79, § 7128(b)(2)(D)(ii), redesig- nated subsec. (f) as (e). 2013—Subsec. (f)(1). Pub. L. 112–240, § 701(e)(1)(A), sub- stituted ‘‘Mandatory funding for fiscal years 2009 through 2012’’ for ‘‘In general’’ in heading. Subsec. (f)(2). Pub. L. 112–240, § 701(e)(1)(B), sub- stituted ‘‘Discretionary funding for fiscal years 2009 through 2012’’ for ‘‘Additional funding’’ in heading. Subsec. (f)(3). Pub. L. 112–240, § 701(e)(1)(C), added par. (3). 2008—Subsec. (a)(7), (8). Pub. L. 110–246, § 7206(a)(1), added pars. (7) and (8). Subsec. (b). Pub. L. 110–246, § 7406(d)(3), substituted ‘‘Paragraphs (4), (7), (8), and (11)(B)’’ for ‘‘Paragraphs (1), (6), (7), and (11)’’. Subsec. (f). Pub. L. 110–246, § 7206(a)(2), added subsec. (f). 2002—Subsec. (a)(1). Pub. L. 107–171, § 7218(1)(A), in- serted ‘‘, breeding,’’ after ‘‘production’’. Subsec. (a)(4) to (6). Pub. L. 107–171, § 7218(1)(B)–(D), added pars. (4) to (6). Subsec. (e). Pub. L. 107–171, § 7218(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2002.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 7614(b)(2)(D) 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 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7406(d)(3) of Pub. L. 110–246 in- applicable to any solicitation for grant applications issued by the Cooperative State Research, Education, and Extension Service before June 18, 2008, see section 7406(c) of Pub. L. 110–246, set out as a note under section 3157 of this title. Page 1808 TITLE 7—AGRICULTURE § 5925c COORDINATION OF PROJECTS AND ACTIVITIES Pub. L. 110–234, title VII, § 7206(b), May 22, 2008, 122 Stat. 1239, and Pub. L. 110–246, § 4(a), title VII, § 7206(b), June 18, 2008, 122 Stat. 1664, 2000, provided that: ‘‘In car- rying out the amendment made by this section [amend- ing this section], the Secretary [of Agriculture] shall ensure that the Division Chief of the applicable Re- search, Education, and Extension Office established under section 251 of the Department of Agriculture Re- organization Act of 1994 (7 U.S.C. 6971) coordinates projects and activities under this section to ensure, to the maximum extent practicable, that unnecessary du- plication of effort is eliminated or minimized.’’ [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.] REPORT ON PRODUCERS AND HANDLERS OF ORGANIC AGRICULTURAL PRODUCTS Pub. L. 107–171, title VII, § 7409, May 13, 2002, 116 Stat. 461, related to report on producers and handlers of or- ganic agricultural products, prior to repeal by Pub. L. 113–79, title VII, § 7408(a), Feb. 7, 2014, 128 Stat. 898. § 5925c. Organic production and market data ini- tiatives (a) In general The Secretary shall collect and report data on the production and marketing of organic agri- cultural products. (b) Requirements In carrying out subsection (a), the Secretary shall, at a minimum— (1) collect and distribute comprehensive re- porting of prices relating to organically pro- duced agricultural products; (2) conduct surveys and analysis and publish reports relating to organic production, han- dling, distribution, retail, and trend studies (including consumer purchasing patterns); and (3) develop surveys and report statistical analysis on organically produced agricultural products. (c) Report Not later than 180 days after the date of enact- ment of this subsection and annually 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— (1) describes the progress that has been made in implementing this section; (2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Serv- ice) are coordinating with data user agencies (such as the Risk Management Agency) to en- sure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elec- tions for all organic crops; and (3) identifies any additional production and marketing data needs. (d) Funding (1) Mandatory funding Of the funds of the Commodity Credit Cor- poration, the Secretary shall use to carry out this section, to remain available until ex- pended— (A) $5,000,000 for each of the periods of fis- cal years 2008 through 2012 and 2014 through 2018; (B) $5,000,000 for the period of fiscal years 2019 through 2023; and (C) $1,000,000 for fiscal year 2024. (2) Discretionary funding In addition to funds made available under paragraph (1), there are authorized to be ap- propriated to carry out this section not more than $5,000,000 for each of fiscal years 2008 through 2023, to remain available until ex- pended. (Pub. L. 107–171, title VII, § 7407, May 13, 2002, 116 Stat. 461; Pub. L. 110–234, title X, § 10302, May 22, 2008, 122 Stat. 1347; Pub. L. 110–246, § 4(a), title X, § 10302, June 18, 2008, 122 Stat. 1664, 2108; Pub. L. 112–240, title VII, § 701(g)(4), Jan. 2, 2013, 126 Stat. 2366; Pub. L. 113–79, title X, § 10004(a), Feb. 7, 2014, 128 Stat. 941; Pub. L. 115–334, title X, § 10103, Dec. 20, 2018, 132 Stat. 4898; Pub. L. 118–22, div. B, title I, § 102(d)(7)(A), Nov. 17, 2023, 137 Stat. 118.) Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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 was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of sub- title H of title XVI of the Food, Agriculture, Conserva- tion, and Trade Act of 1990 which comprises this sub- chapter. AMENDMENTS 2023—Subsec. (d)(1)(C). Pub. L. 118–22 added subpar. (C). 2018—Subsec. (d)(1). Pub. L. 115–334, § 10103(1), struck out ‘‘through fiscal year 2012’’ after ‘‘funding’’ in head- ing, substituted ‘‘, to remain available until ex- pended—’’ for ‘‘$5,000,000, to remain available until ex- pended.’’, and added subpars. (A) and (B). Subsec. (d)(2), (3). Pub. L. 115–334, § 10103(2)–(4), redes- ignated par. (3) as (2), substituted ‘‘paragraph (1)’’ for ‘‘paragraphs (1) and (2)’’ and ‘‘2023’’ for ‘‘2018’’, and struck out former par. (2) which related to mandatory funding. 2014—Subsec. (c). Pub. L. 113–79, § 10004(a)(1), inserted ‘‘and annually thereafter’’ after ‘‘this subsection’’ in introductory provisions, added par. (2), and redesig- nated former par. (2) as (3). Subsec. (d)(2), (3). Pub. L. 113–79, § 10004(a)(2), added par. (2), redesignated former par. (2) as (3), struck out ‘‘for fiscal years 2008 through 2012’’ after ‘‘Discre- tionary funding’’ in heading and substituted ‘‘para- graphs (1) and (2)’’ for ‘‘paragraph (1)’’ and ‘‘2018’’ for ‘‘2012’’ in text, and struck out former par. (3). Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to carry out this section $5,000,000, to remain available until expended.’’ 2013—Subsec. (d)(1). Pub. L. 112–240, § 701(g)(4)(A), sub- stituted ‘‘Mandatory funding through fiscal year 2012’’ for ‘‘In general’’ in heading. Subsec. (d)(2). Pub. L. 112–240, § 701(g)(4)(B), sub- stituted ‘‘Discretionary funding for fiscal years 2008 through 2012’’ for ‘‘Additional funding’’ in heading. Subsec. (d)(3). Pub. L. 112–240, § 701(g)(4)(C), added par. (3)