7 U.S.C. § 3318 — Contract, grant, and cooperative agree-

Page 1636 TITLE 7—AGRICULTURE § 3315a Subsec. (a)(3). Pub. L. 105–185, § 230(b)(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘three per centum of the appropriations shall be re- tained by the Secretary for the administration of the programs authorized under this chapter; and’’. Subsecs. (b) to (d). Pub. L. 105–185, § 230(b)(3), added subsecs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4002(b)(1)(B), (2)(H) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3315a. Availability of competitive grant funds Except as otherwise provided by law, funds made available to the Secretary to carry out a competitive agricultural research, education, or extension grant program under this or any other Act shall be available for obligation for a 2-year period beginning on October 1 of the fiscal year for which the funds are made available. (Pub. L. 95–113, title XIV, § 1469A, as added Pub. L. 107–171, title VII, § 7217, May 13, 2002, 116 Stat. 449.) § 3316. Rules and regulations The Secretary is authorized to issue such rules and regulations as the Secretary deems nec- essary to carry out the provisions of this chap- ter. (Pub. L. 95–113, title XIV, § 1470, Sept. 29, 1977, 91 Stat. 1019.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in text, see note set out under section 3102 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3317. Program evaluation studies (a) The Secretary shall regularly conduct pro- gram evaluations to meet the purposes of this chapter and the responsibilities assigned to the Secretary and the Department of Agriculture in this chapter. Such evaluations shall be designed to provide information that may be used to im- prove the administration and effectiveness of agricultural research, extension, and teaching programs in achieving their stated objectives. (b) The Secretary is authorized to encourage and foster the regular evaluation of agricultural research, extension, and teaching programs within the State agricultural experiment sta- tions, cooperative extension services, and col- leges and universities, through the development and support of cooperative evaluation programs and program evaluation centers and institutes. (Pub. L. 95–113, title XIV, § 1471, as added Pub. L. 97–98, title XIV, § 1439(a), Dec. 22, 1981, 95 Stat. 1314.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (a), see note set out under section 3102 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 3318. Contract, grant, and cooperative agree- ment authorities (a) Purposes, nature and construction The purpose of this section is to confer upon the Secretary general authority to enter into contracts, grants, and cooperative agreements to further the research, extension, or teaching programs in the food and agricultural sciences of the Department of Agriculture. This author- ity supplements all other laws relating to the Department of Agriculture and is not to be con- strued as limiting or repealing any existing au- thorities. (b) Authority of Secretary; legal effect of agree- ment; participation by other Federal agen- cies (1) Notwithstanding chapter 63 of title 31, the Secretary may use a cooperative agreement as the legal instrument reflecting a relationship between the Secretary and a State cooperative institution, State department of agriculture, college, university, other research or edu- cational institution or organization, Federal or private agency or organization, individual, or any other party, if the Secretary determines that— (A) the objectives of the agreement will serve a mutual interest of the parties to the agreement in agricultural research, extension, and teaching activities, including statistical reporting; and (B) all parties will contribute resources to the accomplishment of those objectives. (2) Notwithstanding any other provision of law, any Federal agency may participate in any such cooperative agreement by contributing funds through the appropriate agency of the De- partment of Agriculture or otherwise if it is mu- tually agreed that the objectives of the agree- ment will further the authorized programs of the contributing agency. (c) Duration and eligibility The Secretary may enter into contracts, grants, or cooperative agreements, for periods not to exceed five years, with State agricultural experiment stations, State cooperative exten- Page 1637 TITLE 7—AGRICULTURE § 3319 sion services, all colleges and universities, other research or education institutions and organiza- tions, Federal and private agencies and organi- zations, individuals, and any other contractor or recipient, either foreign or domestic, to further research, extension, or teaching programs in the food and agricultural sciences of the Depart- ment of Agriculture. (d) Vesting of title The Secretary may vest title to expendable and nonexpendable equipment and supplies and other tangible personal property in the con- tractor or recipient when the contractor or re- cipient purchases such equipment, supplies, and property with contract, grant, or cooperative agreement funds and the Secretary deems such vesting of title a furtherance of the agricultural research, extension, or teaching objectives of the Department of Agriculture. (e) Applicable requirements Unless otherwise provided in this chapter, the Secretary may enter into contracts, grants, or cooperative agreements, as authorized by this section, without regard to any requirements for competition, the provisions of section 6101 of title 41, and the provisions of section 3324(a) and (b) of title 31. (Pub. L. 95–113, title XIV, § 1472, as added Pub. L. 97–98, title XIV, § 1439(a), Dec. 22, 1981, 95 Stat. 1315; amended Pub. L. 99–198, title XIV, § 1424, Dec. 23, 1985, 99 Stat. 1552.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (e), see note set out under section 3102 of this title. CODIFICATION In subsec. (e), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (e), ‘‘section 3324(a) and (b) of title 31’’ sub- stituted for reference to section 3648 of the Revised Statutes (31 U.S.C. 529) on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1985—Subsecs. (b) to (e). Pub. L. 99–198 added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 3318a. Cooperative research projects; agree- ments with and receipt of funds from State and other agencies On and after December 30, 1963, the Adminis- trator of the Agricultural Research Service may enter into agreements with and receive funds from any State, other political subdivision, or- ganization, or individual for the purpose of con- ducting cooperative research projects with such cooperators. (Pub. L. 88–250, title I, Dec. 30, 1963, 77 Stat. 820.) Editorial Notes CODIFICATION Section was formerly classified to section 450a of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Ag- riculture and Related Agencies Appropriation Act, 1964, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which com- prises this chapter. § 3319. Restriction on treatment of indirect costs and tuition remission Funds made available by the Secretary under established Federal-State partnership arrange- ments to State cooperative institutions under the Acts referred to in section 3103(18) of this title and funds made available under subsection (c)(1)(B) of section 3157 of this title shall not be subject to reduction for indirect costs or for tui- tion remission. No indirect costs or tuition re- mission shall be charged against funds in con- nection with cooperative agreements between the Department of Agriculture and State coop- erative institutions if the cooperative program or project involved is of mutual interest to all the parties and if all the parties contribute to the cooperative agreement involved. The prohi- bition on the use of such funds for the reim- bursement of indirect costs shall not apply to funds for international agricultural programs conducted by a State cooperative institution and administered by the Secretary or to funds provided by a Federal agency for such coopera- tive program or project through a fund transfer, advance, or reimbursement. The Secretary shall limit the amount of such reimbursement to an amount necessary to carry out such program or agreement. (Pub. L. 95–113, title XIV, § 1473, as added Pub. L. 97–98, title XIV, § 1439(a), Dec. 22, 1981, 95 Stat. 1315; amended Pub. L. 99–198, title XIV, § 1425, Dec. 23, 1985, 99 Stat. 1553; Pub. L. 102–237, title IV, § 402(13), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 110–234, title VII, §§ 7101(b)(4), 7406(d)(1), May 22, 2008, 122 Stat. 1213, 1252; Pub. L. 110–246, § 4(a), title VII, §§ 7101(b)(4), 7406(d)(1), June 18, 2008, 122 Stat. 1664, 1975, 2013.) 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 2008—Pub. L. 110–246, § 7406(d)(1), struck out ‘‘and sub- section (d)’’ before ‘‘of section 3157’’. Pub. L. 110–246, § 7101(b)(4), substituted ‘‘section 3103(18)’’ for ‘‘section 3103(16)’’. 1991—Pub. L. 102–237 substituted ‘‘subsection (c)(1)(B)’’ for ‘‘subsection (c)(2)’’. 1985—Pub. L. 99–198 inserted provisions making prohi- bition on use of funds for reimbursement of indirect costs inapplicable to funds for international agricul- tural programs but required the Secretary to limit the reimbursement to amounts necessary to carry out the programs.