7 U.S.C. § 344 — Ascertainment of entitlement of State to

Page 381 TITLE 7—AGRICULTURE § 344 § 343d. Transferred Editorial Notes CODIFICATION Section, act June 29, 1935, ch. 338, title II, § 22, 49 Stat. 439, as amended, which related to additional appropria- tions for agricultural colleges, was transferred to sec- tion 329 of this title. §§ 343d–1 to 343d–5. Repealed. June 26, 1953, ch. 157, § 2, 67 Stat. 86 Section 343d–1, act June 29, 1935, ch. 338, title II, § 23, as added June 6, 1945, ch. 175, § 1, 59 Stat. 231, authorized further additional appropriations, commencing with the fiscal year ended June 30, 1946 and continuing on an ascending scale until they amounted to $12,500,000 for the fiscal year ended June 30, 1948 and each subsequent fiscal year, further to develop the cooperative agricul- tural extension system inaugurated under sections 341 to 343, 344 to 346, and 347a to 349 of this title, and pro- vided for their disposition. Sections 343d–2 and 343d–3, act Oct. 26, 1949, ch. 753, §§ 1, 2, 63 Stat. 926, extended the provisions of former section 343d–1 of this title to Puerto Rico and for such purposes, authorized additional appropriations on an ascending scale until they should amount to $401,090 annually. Sections 343d–4 and 343d–5, act Oct. 27, 1949, ch. 768, §§ 1, 2, 63 Stat. 939, extended the provisions of former sections 343a, 343b, 343c and 343d–1 of this title to Alas- ka, and, for such purpose, authorized annual appropria- tions in amounts to be computed on the same basis as computations of appropriations to States, subject to annual estimates as to funds and amounts by the Sec- retary of Agriculture. See, generally, sections 341 to 343, 344 to 346, and 347a to 349 of this title. § 343e. Repealed. Oct. 27, 1949, ch. 768, § 3, 63 Stat. 940 Section, act June 20, 1936, ch. 631, §§ 1, 3, 49 Stat. 1553, 1554, related to extension of benefits of former sections 343a and 343b of this title to Alaska. See notes there- under. §§ 343f, 343g. Repealed. June 26, 1953, ch. 157, § 2, 67 Stat. 86 Sections, act Aug. 28, 1937, ch. 878, §§ 1, 2, 50 Stat. 881, extended benefits of former section 343c of this title to Puerto Rico, and for such purpose, authorized appro- priations, commencing with initial authorization of $88,000 for the fiscal year beginning after August 28, 1937, and on an ascending scale thereafter, until they amounted to $408,000 annually. See sections 341 to 343, 344 to 346, and 347a to 349 of this title. § 344. Ascertainment of entitlement of State to funds; time and manner of payment; State re- porting requirements; plans of work (a) Ascertainment of entitlement On or about the first day of October in each year after June 26, 1953, the Secretary of Agri- culture shall ascertain as to each State whether it is entitled to receive its share of the annual appropriation for cooperative agricultural ex- tension work under this subchapter and the amount which it is entitled to receive. Before the funds herein provided shall become available to any college for any fiscal year, plans for the work to be carried on under this subchapter shall be submitted by the proper officials of each college and approved by the Secretary of Agri- culture. The Secretary shall ensure that each college seeking to receive funds under this sub- chapter has in place appropriate guidelines, as determined by the Secretary, to minimize ac- tual or potential conflicts of interest among em- ployees of such college whose salaries are funded in whole or in part with such funds. (b) Time and manner of payment; related reports The amount to which a State is entitled shall be paid in equal quarterly payments in or about July, October, January, and April of each year to the treasurer or other officer of the State duly authorized by the laws of the State to re- ceive the same, and such officer shall be re- quired to report to the Secretary of Agriculture on or about the first day of April of each year, a detailed statement of the amount so received during the previous fiscal year and its disburse- ment, on forms prescribed by the Secretary of Agriculture. (c) Requirements related to plan of work Each extension plan of work for a State re- quired under subsection (a) shall contain de- scriptions of the following: (1) A summary of planned projects or pro- grams in the State using formula funds. (2) A description of the manner in which the State will meet the requirements of section 343(h) of this title. (3) A description of the manner in which the State will meet the requirements of section 361c(i)(2) of this title. (4) A description of matching funds provided by the State with respect to the previous fis- cal year. (d) Extension protocols (1) Development The Secretary of Agriculture shall develop protocols to be used to evaluate the success of multistate, multi-institutional, and multi- disciplinary extension activities and joint re- search and extension activities in addressing critical agricultural issues identified in the plans of work submitted under subsection (a). (2) Consultation The Secretary of Agriculture shall develop the protocols in consultation with the Na- tional Agricultural Research, Extension, Edu- cation, and Economics Advisory Board estab- lished under section 3123 of this title and land- grant colleges and universities. (e) Treatment of plans of work for other pur- poses To the maximum extent practicable, the Sec- retary shall consider a plan of work submitted under subsection (a) to satisfy other appropriate Federal reporting requirements. (May 8, 1914, ch. 79, § 4, 38 Stat. 374; June 26, 1953, ch. 157, § 1, 67 Stat. 85; Pub. L. 87–749, § 1(f), Oct. 5, 1962, 76 Stat. 745; Pub. L. 94–273, § 15, Apr. 21, 1976, 90 Stat. 379; Pub. L. 101–624, title XVI, § 1617, Nov. 28, 1990, 104 Stat. 3732; Pub. L. 105–185, title II, § 202(a), June 23, 1998, 112 Stat. 531; Pub. L. 115–334, title VII, § 7612(a)(2), Dec. 20, 2018, 132 Stat. 4831.) Page 382 TITLE 7—AGRICULTURE § 345 Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334 added pars. (1) to (4) and struck out former pars. (1) to (5) which read as fol- lows: ‘‘(1) The critical short-term, intermediate, and long- term agricultural issues in the State and the current and planned extension programs and projects targeted to address the issues. ‘‘(2) The process established to consult with extension users regarding the identification of critical agricul- tural issues in the State and the development of exten- sion programs and projects targeted to address the issues. ‘‘(3) The efforts made to identify and collaborate with other colleges and universities within the State, and within other States, that have a unique capacity to ad- dress the identified agricultural issues in the State and the extent of current and emerging efforts (including regional efforts) to work with those other institutions. ‘‘(4) The manner in which research and extension, in- cluding research and extension activities funded other than through formula funds, will cooperate to address the critical issues in the State, including the activities to be carried out separately, the activities to be carried out sequentially, and the activities to be carried out jointly. ‘‘(5) The education and outreach programs already underway to convey available research results that are pertinent to a critical agricultural issue, including ef- forts to encourage multicounty cooperation in the dis- semination of research results.’’ 1998—Pub. L. 105–185 inserted section catchline, des- ignated existing provisions as subsecs. (a) and (b), in- serted subsec. headings, in subsec. (b) substituted ‘‘The amount to which a State is entitled’’ for ‘‘Such sums’’, and added subsecs. (c) to (e). 1990—Pub. L. 101–624 inserted after second sentence ‘‘The Secretary shall ensure that each college seeking to receive funds under this subchapter has in place ap- propriate guidelines, as determined by the Secretary, to minimize actual or potential conflicts of interest among employees of such college whose salaries are funded in whole or in part with such funds.’’ 1976—Pub. L. 94–273 substituted ‘‘of October’’ for ‘‘of July’’ and ‘‘of April’’ for ‘‘of January’’. 1962—Pub. L. 87–749 substituted ‘‘quarterly payments in or about July, October, January, and April’’ for ‘‘semiannual payments on the first day of January and July’’, and struck out ‘‘, Territory or possession’’ wher- ever appearing. 1953—Act June 26, 1953, among other changes, in- serted first two sentences, inserted references to ‘‘Ter- ritory, or possession’’ after references to ‘‘State,’’ in sentence commencing ‘‘Such sums’’, and in such sen- tence, struck out reference to payment by the Sec- retary of the Treasury upon warrant of the Secretary of Agriculture, and substituted ‘‘January’’ for ‘‘Sep- tember’’ with respect to submission of annual detailed statements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–185, title II, § 202(c), June 23, 1998, 112 Stat. 533, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 361g of this title] take effect on October 1, 1999.’’ § 345. Replacement of diminished, lost or mis- applied funds; restrictions on use; reports of colleges If any portion of the moneys received by the designated officer of any State for the support and maintenance of cooperative agricultural ex- tension work, as provided in this subchapter, shall by any action or contingency be dimin- ished or lost or be misapplied, it shall be re- placed by said State and until so replaced no subsequent appropriation shall be apportioned or paid to said State. No portion of said moneys shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings, or the purchase or rental of land, or in college-course teaching, lec- tures in college, or any other purpose not speci- fied in this subchapter. (May 8, 1914, ch. 79, § 5, 38 Stat. 374; June 26, 1953, ch. 157, § 1, 67 Stat. 85; Pub. L. 87–749, § 1(g), Oct. 5, 1962, 76 Stat. 745; Pub. L. 110–234, title VII, § 7403(b), May 22, 2008, 122 Stat. 1246; Pub. L. 110–246, § 4(a), title VII, § 7403(b), June 18, 2008, 122 Stat. 1664, 2007.) 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, § 7403(b), struck out at end ‘‘It shall be the duty of said colleges, annually, on or about the first day of January, to make to the Governor of the State in which it is located a full and detailed re- port of its operations in extension work as defined in this subchapter, including a detailed statement of re- ceipts and expenditures from all sources for this pur- pose, a copy of which report shall be sent to the Sec- retary of Agriculture.’’ 1962—Pub. L. 87–749 struck out references to terri- tories and possessions wherever appearing. 1953—Act June 26, 1953, among other changes, in- serted ‘‘Territory, or possession’’ after ‘‘State,’’ wher- ever latter term appeared, struck out provision that not more than five per centum of each annual appro- priation should be applied to the printing and distribu- tion of publications, and struck out the provision that copies of the required reports should be sent to the Sec- retary of the Treasury. 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. § 346. Repealed. Pub. L. 105–185, title I, § 103(f)(1), June 23, 1998, 112 Stat. 528 Section, acts May 8, 1914, ch. 79, § 6, 38 Stat. 374; June 26, 1953, ch. 157, § 1, 67 Stat. 85; Pub. L. 87–749, § 1(g), Oct. 5, 1962, 76 Stat. 745, related to report of nonentitlement to President, retention of amount involved in Treasury, appeal from determination, and disposition of sum. § 347. Repealed. Pub. L. 86–533, § 1(21), June 29, 1960, 74 Stat. 249 Section, acts May 8, 1914, ch. 79, § 7, 38 Stat. 374; June 26, 1953, ch. 157, § 1, 67 Stat. 85, required Secretary of Agriculture to report to Congress receipts, expendi- tures, and results of cooperative agriculture extension work in all States, Territories, or possessions receiving benefits of sections 341 to 343, 344 to 346, and 347a to 349 of this title.