7 USC 3318-3319 (Food Security Act of 1985)

WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 7USC3318]

TITLE 7--AGRICULTURE

CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

SUBCHAPTER X--FUNDING AND MISCELLANEOUS PROVISIONS

Sec. 3318. Contract, grant, and cooperative agreement
authorities

(a) Purposes, nature and construction

The purpose of this section is to confer upon the Secretary general
authority to enter into contracts, grants, and cooperative agreements to
further the research, extension, or teaching programs in the food and
agricultural sciences of the Department of Agriculture. This authority
supplements all other laws relating to the Department of Agriculture and
is not to be construed as limiting or repealing any existing
authorities.

(b) Authority of Secretary; legal effect of agreement; participation by
other Federal agencies

(1) Notwithstanding chapter 63 of title 31, the Secretary may use a
cooperative agreement as the legal instrument reflecting a relationship
between the Secretary and a State cooperative institution, State
department of agriculture, college, university, other research or
educational institution or organization, Federal or private agency or
organization, individual, or any other party, if the Secretary
determines that--
(A) the objectives of the agreement will serve a mutual interest
of the parties to the agreement in agricultural research, extension,
and teaching activities, including statistical reporting; and
(B) all parties will contribute resources to the accomplishment
of those objectives.

(2) Notwithstanding any other provision of law, any Federal agency
may participate in any such cooperative agreement by contributing funds
through the appropriate agency of the Department of Agriculture or
otherwise if it is mutually agreed that the objectives of the agreement
will further the authorized programs of the contributing agency.

(c) Duration and eligibility

The Secretary may enter into contracts, grants, or cooperative
agreements, for periods not to exceed five years, with State
agricultural experiment stations, State cooperative extension services,
all colleges and universities, other research or education institutions
and organizations, Federal and private agencies and organizations,
individuals, and any other contractor or recipient, either foreign or
domestic, to further research, extension, or teaching programs in the
food and agricultural sciences of the Department of Agriculture.

(d) Vesting of title

The Secretary may vest title to expendable and nonexpendable
equipment and supplies and other tangible personal property in the
contractor or recipient when the contractor or recipient purchases such
equipment, supplies, and property with contract, grant, or cooperative
agreement funds and the Secretary deems such vesting of title a
furtherance of the agricultural research, extension, or teaching
objectives of the Department of Agriculture.

(e) Applicable requirements

Unless otherwise provided in this chapter, the Secretary may enter
into contracts, grants, or cooperative agreements, as authorized by this
section, without regard to any requirements for competition, the
provisions of section 5 of title 41, and the provisions of section
3324(a) and (b) of title 31.

(Pub. L. 95-113, title XIV, Sec. 1472, as added Pub. L. 97-98, title
XIV, Sec. 1439(a), Dec. 22, 1981, 95 Stat. 1315; amended Pub. L. 99-198,
title XIV, Sec. 1424, Dec. 23, 1985, 99 Stat. 1552.)

References in Text

For definition of ``this chapter'', referred to in subsec. (e), see
note set out under section 3102 of this title.

Codification

In subsec. (e), ``section 3324(a) and (b) of title 31'' substituted
for reference to section 3648 of the Revised Statutes (31 U.S.C. 529) on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.

Amendments

1985--Subsecs. (b) to (e). Pub. L. 99-198 added subsec. (b) and
redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

Effective Date

Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98,
set out as a note under section 4301 of this title.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 7USC3319]

TITLE 7--AGRICULTURE

CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

SUBCHAPTER X--FUNDING AND MISCELLANEOUS PROVISIONS

Sec. 3319. Restriction on treatment of indirect costs and
tuition remission

Funds made available by the Secretary under established Federal-
State partnership arrangements to State cooperative institutions under
the Acts referred to in section 3103(16) \1\ of this title and funds
made available under subsection (c)(1)(B) and subsection (d) of section
450i of this title shall not be subject to reduction for indirect costs
or for tuition remission. No indirect costs or tuition remission shall
be charged against funds in connection with cooperative agreements
between the Department of Agriculture and State cooperative institutions
if the cooperative program or project involved is of mutual interest to
all the parties and if all the parties contribute to the cooperative
agreement involved. The prohibition on the use of such funds for the
reimbursement of indirect costs shall not apply to funds for
international agricultural programs conducted by a State cooperative
institution and administered by the Secretary or to funds provided by a
Federal agency for such cooperative program or project through a fund
transfer, advance, or reimbursement. The Secretary shall limit the
amount of such reimbursement to an amount necessary to carry out such
program or agreement.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 95-113, title XIV, Sec. 1473, as added Pub. L. 97-98, title
XIV, Sec. 1439(a), Dec. 22, 1981, 95 Stat. 1315; amended Pub. L. 99-198,
title XIV, Sec. 1425, Dec. 23, 1985, 99 Stat. 1553; Pub. L. 102-237,
title IV, Sec. 402(13), Dec. 13, 1991, 105 Stat. 1863.)

References in Text

Section 3103(16) of this title, referred to in text, was
redesignated section 3103(17) of this title by Pub. L. 107-171, title
VII, Sec. 7502(a)(1), May 13, 2002, 116 Stat. 463. See notes set out
under section 3103 of this title for Acts enumerated in par. (17) of
that section.

Amendments

1991--Pub. L. 102-237 substituted ``subsection (c)(1)(B)'' for
``subsection (c)(2)''.
1985--Pub. L. 99-198 inserted provisions making prohibition on use
of funds for reimbursement of indirect costs inapplicable to funds for
international agricultural programs but required the Secretary to limit
the reimbursement to amounts necessary to carry out the programs.

Effective Date

Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98,
set out as a note under section 4301 of this title.