7 U.S.C. § 3128 — General provisions

Page 1575 TITLE 7—AGRICULTURE § 3128 102–237, title IV, § 402(5), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–127, title VIII, §§ 852(b)(3), 853(b)(4), Apr. 4, 1996, 110 Stat. 1171, 1172; Pub. L. 105–185, title VI, § 606(c)(1), June 23, 1998, 112 Stat. 603.) Editorial Notes AMENDMENTS 1998—Subsecs. (a), (b). Pub. L. 105–185, § 606(c)(1)(A), substituted ‘‘its duties’’ for ‘‘their duties’’. Subsec. (c). Pub. L. 105–185, § 606(c)(1)(B), substituted ‘‘its recommendations’’ for ‘‘their recommendations’’. 1996—Pub. L. 104–127, §§ 852(b)(3)(A), 853(b)(4)(A), in section catchline, substituted ‘‘Advisory Board’’ for ‘‘Joint Council, Advisory Board, and Technology Board’’. Subsec. (a). Pub. L. 104–127, §§ 852(b)(3)(B)(i), (ii), 853(b)(4)(B)(i), in introductory provisions, substituted ‘‘To assist the Advisory Board in’’ for ‘‘To assist the Joint Council, the Advisory Board, and the Technology Board in’’ and ‘‘with the chairperson of the Advisory Board’’ for ‘‘with the cochairpersons of the Joint Coun- cil and the chairperson of the Advisory Board and the Technology Board’’. Subsec. (a)(1). Pub. L. 104–127, §§ 852(b)(3)(B)(ii), 853(b)(4)(B)(i), substituted ‘‘the chairperson of the Advi- sory Board’’ for ‘‘the cochairpersons of the Joint Coun- cil and the chairperson of the Advisory Board and the Technology Board’’. Subsec. (a)(2). Pub. L. 104–127, §§ 852(b)(3)(B)(iii), 853(b)(4)(B)(ii), substituted ‘‘one shall serve as the exec- utive secretary to the Advisory Board’’ for ‘‘one shall serve as the executive secretary to the Joint Council, one shall serve as the executive secretary to the Advi- sory Board, and one shall serve as the executive sec- retary to the Technology Board’’. Subsecs. (b), (c). Pub. L. 104–127, §§ 852(b)(3)(C), 853(b)(4)(C), substituted ‘‘Advisory Board’’ for ‘‘Joint Council, Advisory Board, and Technology Board’’. 1991—Subsecs. (b), (c). Pub. L. 102–237 substituted ‘‘, Advisory Board, and Technology Board’’ for ‘‘and Advisory Board’’. 1990—Pub. L. 101–624, § 1605(b)(1)(A), amended section catchline generally. Subsec. (a). Pub. L. 101–624, § 1605(b)(1)(B), in introduc- tory provision, substituted ‘‘, the Advisory Board, and the Technology Board’’ for ‘‘and the Advisory Board’’ and inserted ‘‘and the Technology Board’’ before the dash, in par. (1), inserted ‘‘and the Technology Board’’ before ‘‘may direct’’, and in par. (2), substituted ‘‘Coun- cil,’’ for ‘‘Council and’’ and inserted before period at end ‘‘, and one shall serve as the executive secretary to the Technology Board’’. Subsecs. (b), (c). Pub. L. 101–624, § 1605(b)(1)(C), (D), which directed the substitution of ‘‘, the Advisory Board, and the Technology Board’’ for ‘‘and the Advi- sory Board’’, could not be executed because the phrase ‘‘and the Advisory Board’’ did not appear in text. 1981—Subsec. (a). Pub. L. 97–98 inserted in provision preceding par. (1) provision requiring consultation with the cochairpersons of the Joint Council and the chair- person of the Advisory Board, redesignated former par. (2) as (1) and substituted provision that a full-time ex- ecutive director perform such duties as the cochair- persons of the Joint Council and chairperson of the Ad- visory Board direct for provision that an executive di- rector perform such duties as the chairman of the Joint Council and the chairman of the Advisory Board direct, and redesignated former par. (1) as (2) and inserted pro- vision that one of the full-time staff serve as the execu- tive secretary to the Joint Council and one serve as ex- ecutive secretary to the Advisory Board. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 3128. General provisions (a) Vacancies in Advisory Board Any vacancy in the Advisory Board shall not affect its duties under this title and shall be filled in the same manner as the original posi- tion. (b) Compensation and expenses of members of Advisory Board Members of the Advisory Board shall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or reg- ular places of business in the performance of services under this chapter, be allowed travel expenses, including per diem in lieu of subsist- ence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5. (c) Authorization of appropriations There are authorized to be appropriated annu- ally such sums as Congress may determine nec- essary to carry out the provisions of section 3127 of this title and subsection (b) of this section. (Pub. L. 95–113, title XIV, § 1413, Sept. 29, 1977, 91 Stat. 991; Pub. L. 97–98, title XIV, § 1414(a), Dec. 22, 1981, 95 Stat. 1303; Pub. L. 101–624, title XVI, § 1605(b)(2), Nov. 28, 1990, 104 Stat. 3713; Pub. L. 103–354, title II, § 218(e)(7), Oct. 13, 1994, 108 Stat. 3213; Pub. L. 104–127, title VIII, §§ 852(b)(4), 853(b)(5), Apr. 4, 1996, 110 Stat. 1171, 1172; Pub. L. 105–185, title VI, § 606(b), (c)(2), June 23, 1998, 112 Stat. 603, 604.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (b), see note set out under section 3102 of this title. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–185, § 606(c)(2), sub- stituted ‘‘its duties’’ for ‘‘their powers’’. Subsec. (b). Pub. L. 105–185, § 606(b), substituted ‘‘Ad- visory Board’’ for ‘‘Joint Council, the Advisory Board,’’. 1996—Subsec. (a). Pub. L. 104–127, §§ 852(b)(4)(A), 853(b)(5)(A), substituted ‘‘the Advisory Board’’ for ‘‘the Joint Council, the Advisory Board, or the Technology Board’’. Subsec. (b). Pub. L. 104–127, § 853(b)(5)(B), struck out ‘‘and the Technology Board’’ before ‘‘shall serve with- out’’. Pub. L. 104–127, § 852(b)(4)(B), which directed substi- tution of ‘‘Advisory Board’’ for ‘‘Joint Council, Advi- sory Board,’’ could not be executed because those words did not appear in text. Page 1576 TITLE 7—AGRICULTURE § 3129 1994—Subsec. (d). Pub. L. 103–354 struck out subsec. (d) which read as follows: ‘‘The President shall appoint, by and with the advice and consent of the Senate, an Assistant Secretary of Agriculture who shall perform such duties as are necessary to carry out this chapter and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture.’’ 1990—Subsec. (a). Pub. L. 101–624, § 1605(b)(2)(A), sub- stituted ‘‘, the Advisory Board, or the Technology Board’’ for ‘‘or the Advisory Board’’. Subsec. (b). Pub. L. 101–624, § 1605(b)(2)(B), substituted ‘‘, the Advisory Board, and the Technology Board’’ for ‘‘and Advisory Board’’. Subsecs. (d), (e). Pub. L. 101–624, § 1605(b)(2)(C), redes- ignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: ‘‘The Subcommittee on Food, Agricultural, and Forestry Research, the Joint Council, and the Advisory Board shall improve communication and interaction among themselves and with others in the agricultural science and education system through such mechanisms as the exchange of reports, joint meetings, and the use of liaison representatives.’’ 1981—Subsecs. (c) to (e). Pub. L. 97–98 added subsecs. (c) to (e). 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. § 3129. Accountability (a) Review of information technology systems The Secretary shall conduct a comprehensive review of state-of-the-art information tech- nology systems that are available for use in de- veloping the system required by subsection (b). (b) Monitoring and evaluation system The Secretary shall develop and carry out a system to monitor and evaluate agricultural re- search and extension activities conducted or supported by the Department of Agriculture that will enable the Secretary to measure the impact and effectiveness of research, extension, and education programs according to priorities, goals, and mandates established by law. In de- veloping the system, the Secretary shall incor- porate information transfer technologies to op- timize public access to research information. (c) Consistency with other requirements The Secretary shall develop and implement the system in a manner consistent with the Gov- ernment Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285) and amend- ments made by the Act. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 95–113, title XIV, § 1413A, as added Pub. L. 104–127, title VIII, § 804, Apr. 4, 1996, 110 Stat. 1160.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act of 1993, referred to in subsec. (c), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under sec- tion 1101 of Title 31 and Tables. PRIOR PROVISIONS A prior section 3129, Pub. L. 95–113, title XIV, § 1413A, as added Pub. L. 96–294, title II, § 255(a), June 30, 1980, 94 Stat. 707, provided for biomass energy educational and technical assistance programs, prior to repeal by Pub. L. 101–624, title XVI, § 1601(f)(1)(C), Nov. 28, 1990, 104 Stat. 3704. § 3129a. Exemption from chapter 10 of title 5 for competitive research, extension, and edu- cation programs Chapter 10 of title 5 and title XVIII of this Act [7 U.S.C. 2281 et seq.] shall not apply to any com- mittee, board, commission, panel, or task force, or similar entity, created solely for the purpose of reviewing applications or proposals request- ing funding under any competitive research, ex- tension, or education program carried out by the Secretary. (Pub. L. 95–113, title XIV, § 1413B, as added Pub. L. 104–127, title VIII, § 804, Apr. 4, 1996, 110 Stat. 1160; amended Pub. L. 117–286, § 4(a)(34), Dec. 27, 2022, 136 Stat. 4309.) Editorial Notes REFERENCES IN TEXT Title XVIII of this Act, referred to in text, is title XVIII of the Food and Agriculture Act of 1977, Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 1041, which is classified 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 sec- tion 1281 of this title and Tables. AMENDMENTS Pub. L. 117–286 substituted ‘‘Exemption from chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act ex- emption’’ in section catchline and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 3130. Repealed. Pub. L. 104–127, title VIII, § 858, Apr. 4, 1996, 110 Stat. 1173 Section, Pub. L. 101–624, title XIV, § 1456, Nov. 28, 1990, 104 Stat. 3614, related to composting research and ex- tension program. SUBCHAPTER III—AGRICULTURAL RE- SEARCH AND EDUCATION GRANTS AND FELLOWSHIPS § 3151. Grants to enhance research capacity in schools of veterinary medicine (a) Competitive grant program (1) In general The Secretary shall conduct a program of competitive grants to States for the purpose of meeting the costs of renovation, improving compliance with Federal regulations, employ- ing faculty, acquiring equipment, and taking other action related to the improvement of