7 U.S.C. § 3197 — Availability of appropriated funds

Page 1607 TITLE 7—AGRICULTURE § 3197 or board created solely for the purpose of re- viewing applications or proposals submitted under this subchapter. (Pub. L. 95–113, title XIV, § 1434, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 97–98, title XIV, § 1430, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, § 1414(c), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, § 1601(b)(2), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, §§ 812, 852(b)(5), Apr. 4, 1996, 110 Stat. 1165, 1171; Pub. L. 105–185, title III, § 301(a)(8), title VI, § 606(d)(3), June 23, 1998, 112 Stat. 562, 604; Pub. L. 107–171, title VII, § 7108, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§ 7119, 7120, May 22, 2008, 122 Stat. 1222; Pub. L. 110–246, § 4(a), title VII, §§ 7119, 7120, June 18, 2008, 122 Stat. 1664, 1983; Pub. L. 117–286, § 4(a)(37), Dec. 27, 2022, 136 Stat. 4309.) Editorial Notes REFERENCES IN TEXT Title XVIII of this Act, referred to in subsec. (f), is title XVIII of the Food and Agriculture Act of 1977, Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 1041, which is clas- sified generally to chapter 55A (§ 2281 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1281 of this title and Tables. 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 L. 110–234 were repealed by section 4(a) of Pub.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 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2008—Subsec. (a). Pub. L. 110–246, § 7119, substituted ‘‘2012’’ for ‘‘2007’’. Subsec. (b). Pub. L. 110–246, § 7120, inserted ‘‘(includ- ing 1890 Institutions (as defined in section 7601 of this title))’’ after ‘‘universities’’. 2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1998—Subsec. (a). Pub. L. 105–185, § 301(a)(8), sub- stituted ‘‘2002’’ for ‘‘1997’’. Subsec. (c). Pub. L. 105–185, § 606(d)(3), struck out ‘‘and the Board’’ after ‘‘Advisory Board’’ in second sentence and substituted ‘‘and the Advisory Board’’ for ‘‘, the Advisory Board, and the Board’’ in fourth sentence. 1996—Subsec. (a). Pub. L. 104–127, § 812(1), inserted ‘‘or national or regional problems relating to pre-harvest, on-farm food safety, or animal well-being,’’ after ‘‘prob- lems,’’ and substituted ‘‘1997’’ for ‘‘1995’’. Subsec. (b). Pub. L. 104–127, § 812(2), substituted ‘‘State agricultural experiment stations, colleges and universities, other research institutions and organiza- tions, Federal agencies, private organizations or cor- porations, and individuals’’ for ‘‘eligible institutions’’. Subsec. (c). Pub. L. 104–127, § 852(b)(5), in introductory provisions, substituted ‘‘after consultation with the Advisory Board’’ for ‘‘after consultation with the Joint Council, the Advisory Board,’’ and ‘‘the Secretary, the Advisory Board,’’ for ‘‘the Secretary, the Joint Council, the Advisory Board,’’. Pub. L. 104–127, § 812(3)(A), in introductory provisions, inserted ‘‘, food safety, and animal well-being’’ after ‘‘animal health and disease’’. Subsec. (c)(2) to (5). Pub. L. 104–127, § 812(3)(B), added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively. Subsec. (d). Pub. L. 104–127, § 812(4), struck out ‘‘to eli- gible institutions’’ after ‘‘award grants’’. Subsec. (f). Pub. L. 104–127, § 812(5), added subsec. (f). 1990—Subsec. (a). Pub. L. 101–624 substituted ‘‘for each of the fiscal years 1991 through 1995,’’ for ‘‘annu- ally for the period beginning October 1, 1981, and ending September 30, 1990,’’. 1985—Subsec. (a). Pub. L. 99–198 substituted ‘‘1990’’ for ‘‘1985’’. 1981—Subsec. (a). Pub. L. 97–98, § 1430(a), substituted ‘‘as Congress may determine necessary to support re- search on specific national or regional animal health or disease problems, but not to exceed $35,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year’’ for ‘‘, not to exceed $15,000,000 annually, as Congress may determine nec- essary to support research on specific national or re- gional animal health or disease problems’’. Subsec. (b). Pub. L. 97–98, § 1430(b), substituted provi- sions that funds appropriated under this section shall be awarded in the form of grants, for periods not to ex- ceed five years, to eligible institutions for provisions that such funds shall be allocated by the Secretary to eligible institutions for work to be done, as mutually agreed upon between the Secretary and the eligible in- stitution or institutions and that the Secretary shall consult the Board in developing plans for the use of these funds whenever possible. Subsecs. (c) to (e). Pub. L. 97–98, § 1430(c), added sub- secs. (c) to (e). 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. § 3197. Availability of appropriated funds Funds available to carry out sections 3195(a) and 3196 of this title shall be paid to each State or eligible institution at such times and in such amounts as shall be determined by the Sec- retary. Funds shall remain available for pay- ment of unliquidated obligations for one addi- tional fiscal year following the year of appro- priation. (Pub. L. 95–113, title XIV, § 1435, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 113–79, title VII, § 7111(b)(3)(B), Feb. 7, 2014, 128 Stat. 874.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘to carry out sections 3195(a) and 3196 of this title’’ for ‘‘for allocation under the terms of this subchapter’’. 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. Page 1608 TITLE 7—AGRICULTURE § 3198 § 3198. Withholding of appropriated funds If the Secretary determines that a State is not entitled to receive its allocation of the annual appropriation under subsection (c) of section 3195 of this title to carry out subsection (a) of such section because of its failure to satisfy re- quirements of this subchapter or regulations issued under it, the Secretary shall withhold such amount. The facts and reasons concerning the determination and withholding shall be re- ported to the President; and the amount in- volved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus. (Pub. L. 95–113, title XIV, § 1436, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 113–79, title VII, § 7111(b)(3)(C), Feb. 7, 2014, 128 Stat. 874.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘subsection (c) of sec- tion 3195 of this title to carry out subsection (a) of such section’’ for ‘‘section 3195 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. § 3199. Requirements for use of funds With respect to research projects on problems of animal health and disease to be performed at eligible institutions and supported with funds allocated to the States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section, the dean or director of each eligible institution shall cause to be prepared and shall review proposals for such research projects, which contain data showing compli- ance with the purpose in section 3191 of this title and the provisions for use of funds specified in section 3195(a) of this title, and with general guidelines for project eligibility to be provided by the Secretary. Such research proposals that are approved by the dean or director shall be submitted to the Secretary prior to assignment of funds thereto with a brief summary showing compliance with the provisions of this subtitle and the Secretary’s general guidelines. (Pub. L. 95–113, title XIV, § 1437, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 105–185, title VI, § 606(d)(4), June 23, 1998, 112 Stat. 604; Pub. L. 113–79, title VII, § 7111(b)(3)(D), Feb. 7, 2014, 128 Stat. 874.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘States under sub- section (c) of section 3195 of this title to carry out sub- section (a) of such section’’ for ‘‘States under section 3195 of this title’’. 1998—Pub. L. 105–185 struck out ‘‘with the advice, when available, of the Board’’ after ‘‘by the Secretary’’ in first sentence. 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. § 3200. Matching funds No funds in excess of $100,000, exclusive of the funds provided for research on specific national or regional animal health and disease problems under the provisions of section 3196 of this title, shall be paid by the Federal Government to any State under subsection (c) of section 3195 of this title to carry out subsection (a) of such section during any fiscal year in excess of the amount from non-Federal sources made available to and budgeted for expenditure by eligible institutions in the State during the same fiscal year for ani- mal health and disease research. The Secretary is authorized to make such payments in excess of $100,000 on the certificate of the appropriate official of the eligible institution having charge of the animal health and disease research for which such payments are to be made. If any eli- gible institution certified for receipt of match- ing funds fails to make available and budget for expenditure for animal health and disease re- search in any fiscal year sums at least equal to the amount for which it is certified, the dif- ference between the Federal matching funds available and the funds made available to and budgeted for expenditure by the eligible institu- tion shall be reapportioned by the Secretary among other eligible institutions of the same State, if there are any which qualify therefor, and, if there are none, the Secretary shall re- apportion such difference among the other States. (Pub. L. 95–113, title XIV, § 1438, Sept. 29, 1977, 91 Stat. 1005; Pub. L. 113–79, title VII, § 7111(b)(3)(E), Feb. 7, 2014, 128 Stat. 874.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘under subsection (c) of section 3195 of this section to carry out subsection (a) of such section’’ for ‘‘under this subchapter’’. 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. § 3201. Funds appropriated or otherwise made available pursuant to other provisions of law The sums appropriated and allocated to States and eligible institutions under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable, shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to such States and institutions pursuant to other provisions of law. (Pub. L. 95–113, title XIV, § 1439, Sept. 29, 1977, 91 Stat. 1005; Pub. L. 113–79, title VII, § 7111(b)(3)(F), Feb. 7, 2014, 128 Stat. 874.)