7 U.S.C. § 3104 — Agriculture research; declaration of pol-

Page 1558 TITLE 7—AGRICULTURE § 3104 Par. (17). Pub. L. 105–185, § 221(c)(2), substituted ‘‘The term’’ for ‘‘the term’’. 1996—Par. (1). Pub. L. 104–127, § 802(b)(1), substituted ‘‘National Agricultural Research, Extension, Edu- cation, and Economics Advisory Board’’ for ‘‘National Agricultural Research and Extension Users Advisory Board’’. Par. (3). Pub. L. 104–127, § 820(a), inserted ‘‘ornamental fish,’’ after ‘‘reptile,’’. Par. (9). Pub. L. 104–127, § 815(b), amended par. (9) gen- erally. Prior to amendment, par. (9) read as follows: ‘‘the term ‘Joint Council’ means the Joint Council on Food and Agricultural Sciences;’’. Pars. (16) to (18). Pub. L. 104–127, § 853(b)(1), inserted ‘‘and’’ at end of par. (16), substituted a period for ‘‘; and’’ at end of par. (17), and struck out par. (18) which read as follows: ‘‘the term ‘Technology Board’ means the Agricultural Science and Technology Re- view Board established in section 3123a of this title.’’ 1991—Par. (18). Pub. L. 102–237 inserted ‘‘and’’ after ‘‘Science’’. 1990—Par. (16)(F). Pub. L. 101–624, § 1603(2), inserted reference to subchapter VI of this chapter. Pars. (17), (18). Pub. L. 101–624, § 1603(1), (3), added pars. (17) and (18). 1985—Par. (8)(J). Pub. L. 99–198 added subpar. (J). 1981—Par. (8). Pub. L. 97–98, § 1404(1), substituted in provision preceding subpar. (A) ‘‘basic, applied, and de- velopmental research, extension, and teaching activi- ties in the food, agricultural, renewable natural re- sources, forestry, and physical and social sciences, in the broadest sense of these terms, including but not limited to, activities relating to’’ for ‘‘sciences relating to food and agriculture in the broadest sense, including the social, economic, and political considerations of’’, in subpar. (E) ‘‘including consumer affairs, food and nu- trition, clothing and textiles, housing, and family well- being and financial management;’’ for ‘‘human nutri- tion, and family life; and’’, and in subpar. (F) ‘‘commu- nity welfare and development’’ for ‘‘and community de- velopment’’, and added subpars. (G) to (I). Par. (12). Pub. L. 97–98, § 1404(2), struck out ‘‘except as provided in subchapter VII of this chapter,’’ before ‘‘the term’’ and included within term ‘‘State’’ American Samoa, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands. Par. (14). Pub. L. 97–98, § 1404(4), struck out reference to laboratory training, inserted reference to practicum experience and matters relating to formal classroom instruction, laboratory instruction, and practicum ex- perience, and substituted provision that the teaching be conducted at colleges or universities offering bacca- laureate or higher degrees for provision that the teach- ing be conducted at colleges and universities leading to a baccalaureate and other recognized degrees. Pars. (15), (16). Pub. L. 97–98, § 1404(5), added pars. (15) and (16). 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, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. 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. CONSTRUCTION OF 2002 AMENDMENT Pub. L. 107–171, title VII, § 7502(b), May 13, 2002, 116 Stat. 463, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall not affect any basis for distribution of funds by formula (in effect on the date of enactment of this Act [May 13, 2002]) to— ‘‘(1) the Federated States of Micronesia; ‘‘(2) the Republic of the Marshall Islands; or ‘‘(3) the Republic of Palau.’’ DESIGNATION REVIEW Pub. L. 115–334, title VII, § 7102(b), Dec. 20, 2018, 132 Stat. 4781, provided that: ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall establish a process to review each designated NLGCA Institution (as defined in section 1404(14)(A) of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure compliance with such sec- tion, as amended by this subsection [probably means ‘‘as amended by this section’’]. ‘‘(2) REVOCATION.—An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such insti- tution revoked.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3104. Agriculture research; declaration of pol- icy; duties of Secretary of Agriculture; use of existing facilities It is declared to be the policy of the Congress to promote the efficient production and utiliza- tion of products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of max- imum employment and national prosperity. It is also the intent of Congress to assure agriculture a position in research equal to that of industry which will aid in maintaining an equitable bal- ance between agriculture and other sections of our economy. For the attainment of these objec- tives, the Secretary of Agriculture is authorized and directed to conduct and to stimulate re- search into the laws and principles underlying the basic problems of agriculture in its broadest aspects, including but not limited to: Research relating to the improvement of the quality of, and the development of new and improved meth- ods of the production, marketing, distribution, processing, and utilization of plant and animal commodities at all stages from the original pro- ducer through to the ultimate consumer; re- search into the problems of human nutrition and the nutritive value of agricultural commodities, with particular reference to their content of vi- tamins, minerals, amino and fatty acids, and all other constituents that may be found necessary for the health of the consumer and to the gains or losses in nutritive value that may take place at any stage in their production, distribution, processing, and preparation for use by the con- sumer; research relating to the development of present, new, and extended uses and markets for agricultural commodities and byproducts as food or in commerce, manufacture, or trade, both at home and abroad, with particular ref- erence to those foods and fibers for which our Page 1559 TITLE 7—AGRICULTURE § 3104 1 So in original. Probably should be ‘‘deemed’’. 2 See References in Text note below. 3 So in original. Probably should be ‘‘Nonnuclear’’. capacity to produce exceeds or may exceed ex- isting economic demand; research to encourage the discovery, introduction, and breeding of new and useful agricultural crops, plants, and ani- mals, both foreign and native, particularly for those crops and plants which may be adapted to utilization in chemical and manufacturing in- dustries; research relating to new and more profitable uses for our resources of agricultural manpower, soils, plants, animals, and equipment than those to which they are now, or may here- after be, devoted; research relating to the con- servation, development, and use of land, forest, and water resources for agricultural purposes; research relating to the design, development, and the more efficient and satisfactory use of farm buildings, farm homes, farm machinery, in- cluding the application of electricity and other forms of power; research and development relat- ing to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (in- cluding equipment used to dry and cure crops and provide irrigation); applied research to de- velop agricultural, forestry, and rural energy conservation and biomass energy production and use; research relating to the diversification of farm enterprises, both as to the type of com- modities produced, and as to the types of oper- ations performed, on the individual farm; re- search relating to any other laws and principles that may contribute to the establishment and maintenance of a permanent and effective agri- cultural industry including such investigations as have for their purpose the development and improvement of the rural home and rural life, and the maximum contribution by agriculture to the welfare of the consumer and the mainte- nance of maximum employment and national prosperity; and such other researches or experi- ments bearing on the agricultural industry or on rural homes of the United States as may in each case be deemd 1 advisable, having due regard to the varying conditions and needs of Puerto Rico, the respective States, and Territories. In effec- tuating the purposes of this section, maximum use shall be made of existing research facilities owned or controlled by the Federal Government or by State agricultural experiment stations and of the facilities of the Federal and State ex- tension services. Research authorized under this section shall be in addition to research provided for under existing law (but both activities shall be coordinated so far as practicable). For pur- poses of this title,2 the term ‘‘solar energy’’ means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear 3 Energy Research and De- velopment Act of 1974, as amended [42 U.S.C. 5901 et seq.]. (June 29, 1935, ch. 338, title I, § 1, 49 Stat. 436; Aug. 14, 1946, ch. 966, title I, § 101(1), 60 Stat. 1082; Pub. L. 95–113, title XIV, § 1446, Sept. 29, 1977, 91 Stat. 1011; Pub. L. 96–294, title II, § 253, June 30, 1980, 94 Stat. 707.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, means title I of act June 29, 1935, ch. 338, 49 Stat. 436. For complete classi- fication of this Act to the Code, see Short Title of 1935 Amendment note set out under section 3101 of this title and Tables. The Federal Nonnuclear Energy Research and Devel- opment Act of 1974, as amended, referred to in text, is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is clas- sified generally to chapter 74 (§ 5901 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5901 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 427 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of act June 29, 1935, ch. 338, popularly known as the ‘‘Agricultural Research Act’’ and also as the ‘‘Bankhead-Jones Act’’, and not as part of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 which comprises this chapter. Another section 1446 of Pub. L. 95–113 is classified to section 3222a of this title. AMENDMENTS 1980—Pub. L. 96–294 inserted provisions relating to ap- plied research to develop agricultural, forestry, and rural energy conservation and biomass energy produc- tion and use. 1977—Pub. L. 95–113 inserted reference to research and development relating to uses of solar energy with re- spect to farm buildings, farm homes, and farm machin- ery (including equipment used to dry and cure crops and provide irrigation) and inserted definition of ‘‘solar energy’’. 1946—Act Aug. 14, 1946, amended section generally to provide for a greatly augmented research program in order to enable agriculture to attain a position in re- search comparable to that of other industries. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. EX. ORD. NO. 9310. TRANSFERRING NUTRITION FUNCTIONS OF OFFICE OF DEFENSE HEALTH AND WELFARE SERV- ICES TO DEPARTMENT OF AGRICULTURE Ex. Ord. No. 9310, Mar. 6, 1943, 8 F.R. 2913, provided: By virtue of the authority vested in me by Title I of the First War Powers Act, 1941 [former sections 601 to 605 of the former Appendix to Title 50], as President of the United States, and in order to enable the Secretary of Agriculture more effectively to carry out his respon- sibilities with respect to the Nation’s food program, it is hereby ordered: 1. The functions, powers, and duties, with respect to nutrition, (a) of the Office of Defense Health and Wel- fare Services in the Office for Emergency Management of the Executive Office of the President (including all functions, powers, and duties of the Nutrition Division of the Office of Defense Health and Welfare Services), Page 1560 TITLE 7—AGRICULTURE § 3105 1 See References in Text note below. and (b) of the Director of the Office of Defense Health and Welfare Services, are transferred to the Depart- ment of Agriculture and shall be administered under the supervision and direction of the Secretary of Agri- culture through such agency or agencies in the Depart- ment as the Secretary shall designate. 2. The personnel, property, and records used pri- marily in the administration of the functions, powers, and duties transferred by this Order are transferred to the Department of Agriculture. So much of the unex- pended balances of appropriations, allocations, and other funds available for the use of the Office of De- fense Health and Welfare Services in discharging the functions, powers, and duties transferred by this Order, as the Director of the Bureau of the Budget shall deter- mine, shall be transferred to the Department of Agri- culture for use in connection with the exercise of the functions, powers, and duties so transferred. In deter- mining the amounts to be transferred hereunder, allow- ance shall be made for the liquidation of obligations previously incurred against such appropriations, allo- cations, or other funds. FRANKLIN D. ROOSEVELT. § 3105. Agricultural research; authorization of additional appropriations; administrative ex- penses; availability of special research fund (a) In order to carry out further research on utilization and associated problems in connec- tion with the development and application of present, new, and extended uses of agricultural commodities and products thereof authorized by section 3104 of this title, and to disseminate in- formation relative thereto, and in addition to all other appropriations authorized by this title,1 there is authorized to be appropriated the following sums: (1) $3,000,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year. (2) An additional $3,000,000 for the fiscal year ending June 30, 1948, and each subsequent fis- cal year. (3) An additional $3,000,000 for the fiscal year ending June 30, 1949, and each subsequent fis- cal year. (4) An additional $3,000,000 for the fiscal year ending June 30, 1950, and each subsequent fis- cal year. (5) An additional $3,000,000 for the fiscal year ending June 30, 1951, and each subsequent fis- cal year. (6) In addition to the foregoing, such addi- tional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary. The Secretary of Agriculture, in accordance with such regulations as he deems necessary, and when in his judgment the work to be per- formed will be carried out more effectively, more rapidly, or at less cost than if performed by the Department of Agriculture, may enter into contracts with such public or private orga- nizations or individuals as he may find qualified to carry on work under this section without re- gard to the provisions of section 6101 of title 41, and with respect to such contracts he may make advance progress or other payments without re- gard to the provisions of section 3324(a) and (b) of title 31. Contracts under this section may be made for work to continue not more than four years from the date of any such contract. Not- withstanding the provisions of section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713),1 any unexpended balances of appropriations prop- erly obligated by contracting with an organiza- tion as provided in this subsection may remain upon the books of the Treasury for not more than five fiscal years before being carried to the surplus fund and covered into the Treasury. Re- search authorized under this subsection shall be conducted so far as practicable at laboratories of the Department of Agriculture. Projects con- ducted under contract with public and private agencies shall be supplemental to and coordi- nated with research of these laboratories. Any contracts made pursuant to this authority shall contain requirements making the results of re- search and investigations available to the public through dedication, assignment to the Govern- ment, or such other means as the Secretary shall determine. (b) In order to carry out further the purposes of section 3104 of this title, other than research on utilization of agricultural commodities and the products thereof, and in addition to all other appropriations authorized by this title,1 there is authorized to be appropriated for cooperative re- search with the State agricultural experiment stations and such other appropriate agencies as may be mutually agreeable to the Department of Agriculture and the experiment stations con- cerned, the following sums: (1) $1,500,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year. (2) An additional $1,500,000 for the fiscal year ending June 30, 1948, and each subsequent fis- cal year. (3) An additional $1,500,000 for the fiscal year ending June 30, 1949, and each subsequent fis- cal year. (4) An additional $1,500,000 for the fiscal year ending June 30, 1950, and each subsequent fis- cal year. (5) In addition to the foregoing such addi- tional funds beginning with the fiscal year ending June 30, 1951, and thereafter, as the Congress may deem necessary. (c) The Secretary may incur necessary admin- istrative expenses not to exceed 3 per centum of the amount appropriated in any fiscal year in carrying out this section, including the specific objects of expense enumerated in section 427b 1 of this title. (d) The ‘‘Special research fund, Department of Agriculture,’’ provided by section 427c 1 of this title, shall continue to be available solely for re- search into laws and principles underlying basic problems of agriculture in its broadest aspects; research relating to the improvement of the quality of, and the development of, new and im- proved methods of production of, distribution of, and new and extended uses and markets for, ag- ricultural commodities and byproducts and manufactures thereof; and research relating to the conservation, development, and use of land and water resources for agricultural purposes. Such research shall be in addition to research provided for under other law (but both activities shall be coordinated so far as practicable) and shall be conducted by such agencies of the De- partment of Agriculture as the Secretary of Ag- riculture may designate or establish.