7 U.S.C. § 3125a — National Agricultural Library

Page 1571 TITLE 7—AGRICULTURE § 3125a § 3125. Annual report of Secretary of Agriculture to President and Congress The Secretary shall submit to the President and Congress by January 1 of each year a report on the Nation’s agricultural research, extension, and teaching activities, and such report shall in- clude— (1) a review covering the following three cat- egories of activities of the Department of Ag- riculture with respect to agricultural re- search, extension, and teaching activities and the relationship of these activities to similar activities of other departments and agencies of the Federal Government, the States, col- leges and universities, and the private sector— (A) a current inventory of such activities organized by statutory authorization and budget outlay; (B) a current inventory of such activities organized by field of basic and applied science; and (C) a current inventory of such activities organized by commodity and product cat- egory; (2) any recommendations of the Advisory Board; and (3) in the second and succeeding years, a five-year projection of national priorities with respect to agricultural research, extension, and teaching, taking into account both domes- tic and international needs. (Pub. L. 95–113, title XIV, § 1410, Sept. 29, 1977, 91 Stat. 989; Pub. L. 97–98, title XIV, § 1411, Dec. 22, 1981, 95 Stat. 1302; Pub. L. 99–198, title XIV, § 1408, Dec. 23, 1985, 99 Stat. 1546; Pub. L. 101–624, title XVI, § 1605(b)(4), Nov. 28, 1990, 104 Stat. 3714; Pub. L. 104–127, title VIII, §§ 802(b)(2), 852(b)(2), 853(b)(3), Apr. 4, 1996, 110 Stat. 1159, 1171, 1172.) Editorial Notes AMENDMENTS 1996—Par. (2). Pub. L. 104–127 substituted ‘‘any rec- ommendations of the Advisory Board’’ for ‘‘the rec- ommendations of the Joint Council developed under section 3122(f) of this title, the recommendations of the Advisory Board developed under section 3123(g) of this title, and the recommendations of the Technology Board developed under section 3123a(d) of this title’’. 1990—Par. (2). Pub. L. 101–624 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘the statements of recommendations of the Joint Council developed pursuant to the provisions of section 3122(d)(2)(G) of this title and the statement of rec- ommendations of the Advisory Board developed pursu- ant to the provisions of section 3123(f)(2)(E) of this title; and’’. 1985—Par. (4). Pub. L. 99–198 struck out par. (4) which provided for inclusion ‘‘in the report of January 1, 1984, the Secretary’s needs assessment developed pursuant to the provisions of section 3121(11) of this title’’. 1981—Pub. L. 97–98 substituted in provision preceding par. (1) ‘‘January 1’’ for ‘‘February 1’’ and added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of this section relating to submittal to Congress of an- nual report on agricultural research, extension, and teaching activities, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 44 of House Document No. 103–7. § 3125a. National Agricultural Library (a) Purpose The purpose of this section is to consolidate and expand the statutory authority for the oper- ation of the library of the Department of Agri- culture established pursuant to section 2201 of this title as the primary agricultural informa- tion resource of the United States. (b) Establishment There is established in the Department of Ag- riculture the National Agricultural Library to serve as the primary agricultural information resource of the United States. (c) Director The Secretary shall appoint a Director for the National Agricultural Library who shall be sub- ject to the direction of the Secretary. (d) Functions of Director The Director may— (1) acquire, preserve, and manage informa- tion and information products and services in all phases of agriculture and allied sciences; (2) organize agricultural information and in- formation products and services by cataloging, indexing, bibliographical listing, and other ap- propriate techniques; (3) provide agricultural information and in- formation products and services to agencies of the Department of Agriculture and the Fed- eral Government, public and private organiza- tions, and individuals, within the United States and internationally; (4) plan for, coordinate, and evaluate infor- mation and library needs related to agricul- tural research and education; (5) cooperate with and coordinate efforts among agricultural college and university li- braries, in conjunction with private industry and other agricultural library and information centers, toward the development of a com- prehensive agricultural library and informa- tion network; and (6) coordinate the development of specialized subject information services among the agri- cultural and library information communities. (e) Library products and services The Director may— (1) make copies of the bibliographies pre- pared by the National Agricultural Library; (2) make microforms and other reproduc- tions of books and other library materials in the Department; (3) provide any other library and informa- tion products and services; and Page 1572 TITLE 7—AGRICULTURE § 3125a (4) sell those products and services at such prices (not less than the estimated total cost of disseminating the products and services) as the Secretary may determine appropriate. (f) Receipts Funds received from sales under subsection (e) shall be deposited in the Treasury of the United States to the credit of the applicable appropria- tion and shall remain available until expended. (g) Agreements (1) In general The Director may enter into agreement with, and receive funds from any State, and other political subdivision, organization, busi- ness, or individual for the purpose of con- ducting activities to carry out this section. (2) Funds Funds received under this subsection for payments for library products and services or other activities shall be deposited to the mis- cellaneous contributed fund account, and shall remain available until expended. (h) Authorization of appropriations There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this section. (Pub. L. 95–113, title XIV, § 1410A, as added Pub. L. 101–624, title XVI, § 1606(a), Nov. 28, 1990, 104 Stat. 3714.) Statutory Notes and Related Subsidiaries ENHANCED USE LEASE AUTHORITY PROGRAM Pub. L. 103–354, title III, § 308, as added by Pub. L. 110–234, title VII, § 7409, May 22, 2008, 122 Stat. 1252, and Pub. L. 110–246, § 4(a), title VII, § 7409, June 18, 2008, 122 Stat. 1664, 2014; Pub. L. 113–79, title VII, §§ 7511, 7605, Feb. 7, 2014, 128 Stat. 901, 912; Pub. L. 115–334, title VII, § 7601, Dec. 20, 2018, 132 Stat. 4825, provided that: ‘‘(a) ESTABLISHMENT.—To enhance the use of real property administered by agencies of the Department, the Secretary may establish a program, in accordance with this section, at the Beltsville Agricultural Re- search Center of the Agricultural Research Service and the National Agricultural Library to lease nonexcess property of the Center or the Library to any individual or entity, including agencies or instrumentalities of State or local governments. ‘‘(b) REQUIREMENTS.— ‘‘(1) IN GENERAL.—Notwithstanding chapter 5 of sub- title I of title 40, United States Code, the Secretary may lease real property at the Beltsville Agricultural Research Center or the National Agricultural Library in accordance with such terms and conditions as the Secretary may prescribe, if the Secretary determines that the lease— ‘‘(A) is consistent with, and will not adversely af- fect, the mission of the Department agency admin- istering the property; ‘‘(B) will enhance the use of the property; ‘‘(C) will not permit any portion of Department agency property or any facility of the Department to be used for the public retail or wholesale sale of merchandise or residential development; ‘‘(D) will not permit the construction or modifica- tion of facilities financed by non-Federal sources to be used by an agency, except for incidental use; and ‘‘(E) will not include any property or facility re- quired for any Department agency purpose without prior consideration of the needs of the agency. ‘‘(2) TERM.—The term of a lease under this section shall not exceed 30 years. ‘‘(3) CONSIDERATION.— ‘‘(A) IN GENERAL.—Consideration provided for a lease under this section shall be— ‘‘(i) in an amount equal to fair market value, as determined by the Secretary; and ‘‘(ii) in the form of cash. ‘‘(B) USE OF FUNDS.— ‘‘(i) IN GENERAL.—Consideration provided for a lease under this section shall be— ‘‘(I) deposited in a capital asset account to be established by the Secretary; and ‘‘(II) available until expended, without further appropriation, for maintenance, capital revital- ization, and improvements of the Department properties and facilities at the Beltsville Agri- cultural Research Center and National Agricul- tural Library. ‘‘(ii) BUDGETARY TREATMENT.—For purposes of the budget, the amounts described in clause (i) shall not be treated as a receipt of any Depart- ment agency or any other agency leasing prop- erty under this section. ‘‘(4) COSTS.—The lessee shall cover all costs associ- ated with a lease under this section, including the cost of— ‘‘(A) the project to be carried out on property or at a facility covered by the lease; ‘‘(B) provision and administration of the lease; ‘‘(C) construction of any needed facilities; ‘‘(D) provision of applicable utilities; and ‘‘(E) any other facility cost normally associated with the operation of a leased facility. ‘‘(5) PROHIBITION OF USE OF APPROPRIATIONS.—The Secretary shall not use any funds made available to the Secretary in an appropriations Act for the con- struction or operating costs of any space covered by a lease under this section. ‘‘(6) TERMINATION OF AUTHORITY.—This section and the authority provided by this section terminate— ‘‘(A) on September 30, 2023; or ‘‘(B) with respect to any particular leased prop- erty, on the date of termination of the lease. ‘‘(c) EFFECT OF OTHER LAWS.— ‘‘(1) UTILIZATION.—Property that is leased pursuant to this section shall not be considered to be unuti- lized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act [now the McKinney-Vento Homeless Assistance Act] (42 U.S.C. 11411). ‘‘(2) DISPOSAL.—Property at the Beltsville Agricul- tural Research Center or the National Agricultural Library that is leased pursuant to this section shall not be considered to be disposed of by sale, lease, rental, excessing, or surplusing for purposes of sec- tion 523 of Public Law 100–202 (101 Stat. 1329–417). ‘‘(d) ADMINISTRATION.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section [June 18, 2008], the Secretary shall submit to the Committee on Agri- culture of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate a report that describes detailed management objectives and performance measurements by which the Secretary intends to evaluate the success of the program under this section. ‘‘(2) REPORTS.—Not later than September 30, 2021, the Secretary shall submit to the Committee on Agri- culture of the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of the program under this section, including— ‘‘(A) a copy of each lease entered into pursuant to this section; and ‘‘(B) an assessment by the Secretary of the suc- cess of the program using the management objec- tives and performance measurements developed by the Secretary.’’ [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.] Page 1573 TITLE 7—AGRICULTURE § 3125c § 3125a–1. Agricultural and food law research, legal tools, and information (a) Partnerships The Secretary of Agriculture, acting through the National Agricultural Library, shall support the dissemination of objective, scholarly, and authoritative agricultural and food law re- search, legal tools, and information by entering into cooperative agreements with institutions of higher education (as defined in section 1001 of title 20) that on February 7, 2014, are carrying out objective programs for research, legal tools, and information in agricultural and food law. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2014 and each fiscal year thereafter. (Pub. L. 113–79, title VII, § 7603, Feb. 7, 2014, 128 Stat. 911.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 which comprises this chapter. § 3125b. National Rural Information Center Clearinghouse (a) Establishment The Secretary shall establish, within the Na- tional Agricultural Library, in coordination with the National Institute of Food and Agri- culture, a National Rural Information Center Clearinghouse (in this section referred to as the ‘‘Clearinghouse’’) to perform the functions spec- ified in subsection (b). (b) Functions The Clearinghouse shall provide and distribute information and data to any industry, organiza- tion, or Federal, State, or local government en- tity, on request, about programs and services provided by Federal, State, and local agencies and private nonprofit organizations and institu- tions under which individuals residing in, or or- ganizations and State and local government en- tities operating in, a rural area may be eligible for any kind of assistance, including job train- ing, education, health care, and economic devel- opment assistance, and emotional and financial counseling. To the extent possible, the National Agricultural Library shall use telecommuni- cations technology to disseminate information to rural areas. (c) Federal agencies On request of the Secretary, the head of a Fed- eral agency shall provide to the Clearinghouse such information as the Secretary may request to enable the Clearinghouse to carry out sub- section (b). (d) State and local agencies and nonprofit orga- nizations The Secretary shall request State and local governments and private nonprofit organiza- tions and institutions to provide to the Clear- inghouse such information as such agencies and organizations may have about any program or service of such agencies, organizations, and in- stitutions under which individuals residing in a rural area may be eligible for any kind of assist- ance, including job training, educational, health care, and economic development assistance, and emotional and financial counseling. (e) Limitation on authorization of appropriations To carry out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 1991 through 2023. (Pub. L. 101–624, title XXIII, § 2381, Nov. 28, 1990, 104 Stat. 4049; Pub. L. 104–127, title VIII, § 842, Apr. 4, 1996, 110 Stat. 1170; Pub. L. 105–185, title III, § 301(b)(3), June 23, 1998, 112 Stat. 563; Pub. L. 107–171, title VII, § 7101, May 13, 2002, 116 Stat. 431; Pub. L. 110–234, title VII, §§ 7212, 7511(c)(9), May 22, 2008, 122 Stat. 1242, 1268; Pub. L. 110–246, § 4(a), title VII, §§ 7212, 7511(c)(9), June 18, 2008, 122 Stat. 1664, 2003, 2029; Pub. L. 113–79, title VII, § 7217, Feb. 7, 2014, 128 Stat. 887; Pub. L. 115–334, title VII, § 7215, Dec. 20, 2018, 132 Stat. 4814.) 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 was enacted as part of the Rural Economic Development Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the National Agricultural Research, Ex- tension, and Teaching Policy Act of 1977 which com- prises this chapter. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (e). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (a). Pub. L. 110–246, § 7511(c)(9), sub- stituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’. Subsec. (e). Pub. L. 110–246, § 7212, substituted ‘‘2012’’ for ‘‘2007’’. 2002—Subsec. (e). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1998—Subsec. (e). Pub. L. 105–185 substituted ‘‘2002’’ for ‘‘1997’’. 1996—Subsec. (e). Pub. L. 104–127 substituted ‘‘1997’’ for ‘‘1995’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(9) of Pub. L. 110–246 ef- fective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. § 3125c. Repealed. Pub. L. 104–127, title VIII, § 859(a), Apr. 4, 1996, 110 Stat. 1173 Section, Pub. L. 101–624, title XIV, § 1499A, as added Pub. L. 102–237, title II, § 201(h)(1), Dec. 13, 1991, 105 Stat. 1847, related to education program regarding handling of agricultural chemicals and agricultural chemical containers.