7 U.S.C. § 7613 — Relevance and merit of agricultural re-

Page 2059 TITLE 7—AGRICULTURE § 7613 (b) Application Subsection (a) applies to— (1) research activities conducted by the Ag- ricultural Research Service; and (2) research, extension, or education activi- ties administered, on a competitive basis, by the National Institute of Food and Agri- culture. (Pub. L. 105–185, title I, § 101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, § 7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.) 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 L. 110–234 were repealed by section 4(a) of Pub.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—Subsec. (b)(2). Pub. L. 110–246, § 7511(c)(29), sub- stituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Cooperative State Research, Education, and Ex- tension Service’’. 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)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. § 7612. Priority setting process (a) Establishment Consistent with section 3101 of this title, the Secretary shall establish priorities for agricul- tural research, extension, and education activi- ties conducted or funded by the Department. (b) Responsibilities of Secretary In establishing priorities for agricultural re- search, extension, and education activities con- ducted or funded by the Department, the Sec- retary shall solicit and consider input and rec- ommendations from persons who conduct or use agricultural research, extension, or education. (c) Responsibilities of 1862, 1890, and 1994 Insti- tutions and Hispanic-serving agricultural colleges and universities (1) Process Effective October 1, 1999, to obtain agricul- tural research, extension, or education for- mula funds from the Secretary, each 1862 In- stitution, 1890 Institution, 1994 Institution, and Hispanic-serving agricultural college and university shall establish and implement a process for obtaining input from persons who conduct or use agricultural research, exten- sion, or education concerning the use of the funds. (2) Regulations The Secretary shall promulgate regulations that prescribe— (A) the requirements for an institution re- ferred to in paragraph (1) to comply with paragraph (1); and (B) the consequences for an institution of not complying with paragraph (1), which may include the withholding or redistribu- tion of funds to which the institution may be entitled until the institution complies with paragraph (1). (d) Management principles To the maximum extent practicable, the Sec- retary shall ensure that federally supported and conducted agricultural research, extension, and education activities are accomplished in a man- ner that— (1) integrates agricultural research, exten- sion, and education functions to better link research to technology transfer and informa- tion dissemination activities; (2) encourages regional and multistate pro- grams to address relevant issues of common concern and to better leverage scarce re- sources; and (3) achieves agricultural research, extension, and education objectives through multi-insti- tutional and multifunctional approaches and by conducting research at facilities and insti- tutions best equipped to achieve those objec- tives. (Pub. L. 105–185, title I, § 102, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, § 7129(c)(2), May 22, 2008, 122 Stat. 1227; Pub. L. 110–246, § 4(a), title VII, § 7129(c)(2), June 18, 2008, 122 Stat. 1664, 1988.) 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—Subsec. (c). Pub. L. 110–246, § 7129(c)(2), inserted ‘‘and Hispanic-serving agricultural colleges and univer- sities’’ after ‘‘Institutions’’ in heading and substituted ‘‘1994 Institution, and Hispanic-serving agricultural college and university’’ for ‘‘and 1994 Institution’’ in par. (1). 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. § 7613. Relevance and merit of agricultural re- search, extension, and education funded by the Department (a) Review of National Institute of Food and Ag- riculture (1) Peer review of research grants The Secretary shall establish procedures that provide for scientific peer review of each agricultural research grant administered, on a competitive basis, by the National Institute of Food and Agriculture of the Department. Page 2060 TITLE 7—AGRICULTURE § 7613 (2) Relevance and merit review of research, ex- tension, and education grants (A) Establishment of procedures The Secretary shall establish procedures that provide for relevance and merit review of each agricultural research, extension, or education grant administered, on a competi- tive basis, by the National Institute of Food and Agriculture. (B) Consultation with Advisory Board The Secretary shall consult with the Advi- sory Board in establishing the merit review procedures on a continuous basis. (3) Consideration Peer and merit review procedures estab- lished under paragraphs (1) and (2) shall not take the offer or availability of matching funds into consideration. (b) Advisory Board review On an annual basis, the Advisory Board shall review— (1) the relevance to the priorities established under section 7612(a) of this title of the fund- ing of all agricultural research, extension, or education activities conducted or funded by the Department; and (2) the adequacy of the funding. (c) Requests for proposals (1) Review results As soon as practicable after the review is conducted under subsection (b) for a fiscal year, the Secretary shall consider the results of the review when formulating each request for proposals, and evaluating proposals, in- volving an agricultural research, extension, or education activity funded, on a competitive basis, by the Department. (2) Input In formulating a request for proposals de- scribed in paragraph (1) for a fiscal year, the Secretary shall solicit and consider input from persons who conduct or use agricultural re- search, extension, or education regarding the prior year’s request for proposals. (d) Scientific peer review of agricultural re- search (1) Peer review procedures The Secretary shall establish procedures that ensure scientific peer review of all re- search activities conducted by the Depart- ment. (2) Review panel required As part of the procedures established under paragraph (1), a review panel shall verify, at least once every 5 years, that each research activity of the Department and research con- ducted under each research program of the De- partment has scientific merit and relevance. (3) Mission area If the research activity or program to be re- viewed is included in the research, edu- cational, and economics mission area of the Department, the review panel shall consider— (A) the scientific merit and relevance of the activity or research in light of the prior- ities established pursuant to section 7612 of this title; and (B) the national or multistate significance of the activity or research. (4) Composition of review panel (A) In general A review panel shall be composed of indi- viduals with scientific expertise, a majority of whom are not employees of the agency whose research is being reviewed. (B) Scientists from colleges and universities To the maximum extent practicable, the Secretary shall use scientists from colleges and universities to serve on the review pan- els. (5) Submission of results The results of the panel reviews shall be sub- mitted to the Advisory Board. (e) Merit review (1) 1862 and 1890 Institutions Effective October 1, 1999, to be eligible to ob- tain agricultural research or extension funds from the Secretary for an activity, each 1862 Institution and 1890 Institution shall— (A) establish a process for merit review of the activity; and (B) review the activity in accordance with the process. (2) 1994 Institutions Effective October 1, 1999, to be eligible to ob- tain agricultural extension funds from the Secretary for an activity, each 1994 Institution shall— (A) establish a process for merit review of the activity; and (B) review the activity in accordance with the process. (3) Hispanic-serving agricultural colleges and universities To be eligible to obtain agricultural exten- sion funds from the Secretary for an activity, each Hispanic-serving agricultural college and university shall— (A) establish a process for merit review of the activity; and (B) review the activity in accordance with such process. (Pub. L. 105–185, title I, § 103, June 23, 1998, 112 Stat. 527; Pub. L. 110–234, title VII, §§ 7129(c)(3), 7301, 7511(c)(30), May 22, 2008, 122 Stat. 1227, 1242, 1270; Pub. L. 110–246, § 4(a), title VII, §§ 7129(c)(3), 7301, 7511(c)(30), June 18, 2008, 122 Stat. 1664, 1988, 2003, 2031; Pub. L. 113–79, title VII, § 7301, Feb. 7, 2014, 128 Stat. 887.) 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 is comprised of section 103 of Pub. L. 105–185. Subsec. (f) of section 103 of Pub. L. 105–185 amended sec- tions 361g, 3221, and 3222 of this title and repealed sec- tions 346 and 3314 of this title. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–79, § 7301(1), sub- stituted ‘‘Relevance and merit review of research, ex- tension,’’ for ‘‘Merit review of extension’’ in heading. Page 2061 TITLE 7—AGRICULTURE § 7614a 1 See References in Text note below. Subsec. (a)(2)(A). Pub. L. 113–79, § 7301(2), inserted ‘‘relevance and’’ before ‘‘merit’’ and substituted ‘‘re- search, extension, or education’’ for ‘‘extension or edu- cation’’. Subsec. (a)(2)(B). Pub. L. 113–79, § 7301(3), inserted ‘‘on a continuous basis’’ after ‘‘procedures’’. 2008—Subsec. (a). Pub. L. 110–246, § 7511(c)(30), sub- stituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Cooperative State Research, Education, and Ex- tension Service’’ in heading and ‘‘the National Insti- tute of Food and Agriculture’’ for ‘‘the Cooperative State Research, Education, and Extension Service’’ in text of pars. (1) and (2)(A). Subsec. (a)(3). Pub. L. 110–246, § 7301, added par. (3). Subsec. (e)(3). Pub. L. 110–246, § 7129(c)(3), added par. (3). 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)(30) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. § 7614. Definitions Except as otherwise provided in this section and sections 7614a to 7614c of this title,1 in this section and sections 7614a to 7614c of this title: 1 (1) Capacity and infrastructure program The term ‘‘capacity and infrastructure pro- gram’’ has the meaning given the term in sub- section (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1 (2) Capacity and infrastructure program crit- ical base funding The term ‘‘capacity and infrastructure pro- gram critical base funding’’ means the aggre- gate amount of Federal funds made available for capacity and infrastructure programs for fiscal year 2006, as appropriate. (3) Competitive program The term ‘‘competitive program’’ has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1 (4) Competitive program critical base funding The term ‘‘competitive program critical base funding’’ means the aggregate amount of Federal funds made available for competitive programs for fiscal year 2006, as appropriate. (5) Hispanic-serving agricultural colleges and universities The term ‘‘Hispanic-serving agricultural col- leges and universities’’ has the meaning given the term in section 3103 of this title. (6) NLGCA Institution The term ‘‘NLGCA Institution’’ has the meaning given the term in section 3103 of this title. (7) 1862 Institution; 1890 Institution; 1994 Insti- tution The terms ‘‘1862 Institution’’, ‘‘1890 Institu- tion’’, and ‘‘1994 Institution’’ have the mean- ings given the terms in section 7601 of this title. (Pub. L. 110–234, title VII, § 7501, May 22, 2008, 122 Stat. 1256; Pub. L. 110–246, § 4(a), title VII, § 7501, June 18, 2008, 122 Stat. 1664, 2018.) Editorial Notes REFERENCES IN TEXT This section and sections 7614a to 7614c of this title, referred to in text, was in the original ‘‘this subtitle’’, and was translated as meaning ‘‘this part’’, meaning part I (§§ 7501 to 7506) of subtitle E of title VII of Pub. L. 110–246, June 18, 2008, 122 Stat. 2018, to reflect the probable intent of Congress. Section 7511(a)(4), referred to in pars. (1) and (3), means section 7511(a)(4) of Pub. L. 110–246. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Ag- ricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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 a note under section 8701 of this title. § 7614a. Roadmap (a) In general Not later than 90 days after the date of enact- ment of this Act, the Secretary, acting through the Under Secretary of Research, Education, and Economics (referred to in this section as the ‘‘Under Secretary’’), shall commence prepara- tion of a roadmap for agricultural research, edu- cation, and extension that— (1) identifies current trends and constraints; (2) identifies major opportunities and gaps that no single entity within the Department of Agriculture would be able to address individ- ually; (3) involves— (A) interested parties from the Federal Government and nongovernmental entities; and (B) the National Agricultural Research, Extension, Education, and Economics Advi- sory Board established under section 3123 of this title; (4) incorporates roadmaps for agricultural research, education, and extension made pub- licly available by other Federal entities, agen- cies, or offices; and (5) describes recommended funding levels for areas of agricultural research, education, and extension, including— (A) competitive programs; (B) capacity and infrastructure programs, with attention to the future growth needs of— (i) small 1862 Institutions, 1890 Institu- tions, and 1994 Institutions; (ii) Hispanic-serving agricultural col- leges and universities;