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(1) encourage interaction among the private and Federal laboratories, National Science Foundation centers, Department of Agriculture research programs, other Federal resources, State and local regional economic development programs, universities, colleges, the private sector, and the financial community, for the purpose of evaluating and commercializing new nonfood, nonfeed uses of agricultural commodities;

(2) identify broad areas where commercialization of new nonfood, nonfeed products and processes can contribute to economic growth in rural areas of the United States, through the development of new nonfood, nonfeed uses for agricultural commodities by private companies and businesses;

(3) provide technical assistance and related business and financial counseling for small domestic businesses to commercialize new nonfood, nonfeed uses of agricultural commodities;

(4) identify new nonfood, nonfeed products and processes that are worthy of financial assistance;

(5) make use of existing programs in scientific, engineering, technical, and management education that will support the accelerated commercialization of new nonfood, nonfeed products and processes using agricultural commodities;

(6) advise the Board on the viability of specific applications submitted for financial assistance and on the type of assistance, if any, to be provided;

(7) coordinate their activities with the Small Business Development Centers; and (8) coordinate their activities with the Center.

(f) Review of proposals for assistance

(1) Submission to Regional Center

If a Regional Center is established that includes the area in which a person applying for assistance under this subchapter is located, that person shall submit the application to the Regional Center for review. (2) Review

The Directors of the Regional Centers shall work in consultation with the Advisory Council appointed under section 5905(c) of this title to obtain peer review and evaluation of applications submitted to the Regional Cen

ters.

(3) Role of Advisory Council

The Advisory Council shall review applications submitted to the Regional Centers. The Advisory Council shall, by majority vote, make a nonbinding recommendation on each proposal to the appropriate Regional Director.

(4) Recommendation

The Regional Director, after consideration of the Advisory Council's recommendation and based on the comments of the reviewers, shall make and submit a recommendation to the Board along with the recommendation of the Advisory Council. A recommendation submitted by a Regional Director or the Advisory Council shall not be binding on the Board.

(Pub. L. 101-624, title XVI, § 1663, Nov. 28, 1990, 104 Stat. 3765; Pub. L. 102-237, title IV, § 405(b), Dec. 13, 1991, 105 Stat. 1864.)

AMENDMENTS

1991-Subsec. (a)(2). Pub. L. 102-237 substituted "No Regional Centers may be established" for "A Regional Center may not be established or operated".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5903 of this title.

§ 5908. Alternative Agricultural Research and Commercialization Revolving Fund

(a) Establishment

There is established in the Treasury of the United States a revolving fund to be known as the Alternative Agricultural Research and Commercialization Revolving Fund. The Fund shall be available to the Center, without fiscal year limitation, to carry out the authorized programs and activities of the Center under this subchapter.

(b) Contents of Fund

There shall be deposited in the Fund—

(1) such amounts as may be appropriated or transferred to support the programs and activities of the Center;

(2) payments received from any source for products, services, or property furnished in connection with the activities of the Center;

(3) fees and royalties collected by the Center from licensing or other arrangements relating to commercialization of products developed through projects funded in whole or part by grants, contracts, or cooperative agreements executed by the Center;

(4) donations or contributions accepted by the Center to support authorized programs and activities; and

(5) any other funds acquired by the Center. (c) Funding allocations

Funding of projects and activities under this subchapter shall be subject to the following restrictions:

(1) Of the total amount of funds made available for a fiscal year under this subchapter

(A) not more than 5 percent may be set aside to be used for authorized administrative expenses of the Center in carrying out its functions;

(B) not more than 5 percent may be set aside to be used for information collection and dissemination and technology transfer programs authorized in this subchapter; and

(C) not less than 85 percent shall be set aside to be awarded to qualified applicants who file project applications with, or respond to requests for proposals from, the Center under sections 5904 and 5905 of this title.

(2) Any funds remaining uncommitted at the end of a fiscal year shall be credited to the Fund and added to the total program

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On expiration of the provisions of this subchapter, all assets (after payment of all outstanding obligations) of the Fund shall revert to the general fund of the Treasury.

(e) Authorization of appropriations

There are authorized to be appropriated to the Fund

(1) $10,000,000 for fiscal year 1991;
(2) $20,000,000 for fiscal year 1992;

(3) $30,000,000 for fiscal year 1993;

(4) $50,000,000 for fiscal year 1994; and

(5) $75,000,000 for each of the fiscal years 1995 through 2000.

(Pub. L. 101-624, title XVI, § 1664, Nov. 28, 1990, 104 Stat. 3766.)

SUBCHAPTER VII-MISCELLANEOUS
RESEARCH PROVISIONS

§ 5921. Biotechnology risk assessment research
(a) Purpose

It is the purpose of this section to

(1) authorize and support environmental assessment research to the extent necessary to help address general concerns about environmental effects of biotechnology; and

(2) authorize research to help regulators develop policies, as soon as practicable, concerning the introduction into the environment of such technology.

(b) Grant program

The Secretary of Agriculture shall establish a grant program within the Cooperative State Research Service and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered organisms into the environment. (c) Types of research

Types of research for which grants may be made under this section shall include the following:

(1) Research designed to develop methods to physically and biologically contain genetically engineered animals, plants, and microorganisms once they are introduced into the environment.

(2) Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and microorganisms.

(3) Research designed to further existing knowledge with respect to the rates and methods of gene transfer that may occur between genetically engineered organisms and related wild and agricultural organisms.

(4) Other areas of research designed to further the purposes of this section. (d) Eligibility requirements

Grants under this section shall be

(1) made on the basis of the quality of the proposed research project; and

(2) available to any public or private research or educational institution or organization.

(e) Consultation

In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service, the Office of Agricultural Biotechnology, and the Agricultural Biotechnology Research Advisory Committee.

(f) Program coordination

The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities.

(g) Authorization of appropriations (1) In general

There are authorized to be appropriated such sums as necessary to carry out this section.

(2) Withholdings from biotechnology outlays

The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as defined and determined by the Secretary, at least one percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment.

(Pub. L. 101-624, title XVI, § 1668, Nov. 28, 1990, 104 Stat. 3767; Pub. L. 102-237, title IV, § 407(9), Dec. 13, 1991, 105 Stat. 1865.)

AMENDMENTS

1991-Subsec. (g)(2). Pub. L. 102-237 substituted "Withholdings" for "Witholdings" in heading.

§ 5922. Graduate School of Department of Agriculture (a) Training services

Notwithstanding any other provision of law, the head of a Federal agency or major organizational unit within any agency, including agencies and offices within the Department of Agriculture, may place an order (or enter into an agreement) with the Graduate School of the Department of Agriculture under the provisions of section 1535 of title 31 for training and other services incidental to the provision of such training.

(b) Goods or services

The Graduate School may obtain any goods or services necessary to the fulfillment of an order under subsection (a) of this section or its obligations under such agreement without regard to the requirements of—

(1) the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.); or

(2) any other law that prescribes procedures for the procurement of property or services by an executive agency.

(c) Audits of records

The financial records of the Graduate School relating to orders or agreements under subsection (a) of this section shall be made available to the Comptroller General for purposes of conducting an audit.

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(d) Definitions

For purposes of this section:

(1) The term "Graduate School" means the Graduate School of the Department of Agriculture.

(2) The term "training" has the meaning given that term in section 4101(4) of title 5. (Pub. L. 101-624, title XVI, § 1669, Nov. 28, 1990, 104 Stat. 3768.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), referred to in subsec. (b)(1), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that Act relating to procurement are classified to chapter 10 (§ 471 et seq.) of Title 40, Public Buildings, Property, and Works, and subchapter IV (§ 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables,

§ 5923. Livestock product safety and inspection program

(a) Establishment

The Assistant Secretary for Science and Education, acting through the Cooperative State Research Service special grants program, may provide assistance to eligible entities to encourage and assist efforts made by research institutions to improve the efficiency and effectiveness of safety and inspection systems for livestock products.

(b) Eligible entities

To be eligible to receive assistance under this section an entity shall be a land-grant college or university or any other college or university which demonstrates capability in the agriculture sciences, an individual research institution, or a consortia of such institutions.

(c) Contribution by entity

(1) Requirement

To be eligible to receive assistance under this section, an entity shall agree that such entity will, with respect to the costs to be incurred by the entity in conducting the research for which the assistance is provided, make available (directly or through donations) non-Federal contributions toward such costs in an amount equal to 50 percent of such costs.

(2) Non-Federal contributions

Non-Federal contributions required under paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.

(d) Administration

In providing assistance under this section, the Assistant Secretary for Science and Education shall to the extent practicable ensure that the amount of such assistance is provided equally to eligible entities representing the beef, pork, lamb, poultry, and aquaculture industries.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section, such sums as necessary for each of the fiscal years 1991 through 1995. (Pub. L. 101-624, title XVI, § 1670, Nov. 28, 1990, 104 Stat. 3769; Pub. L. 102-237, title IV, § 407(10), Dec. 13, 1991, 105 Stat. 1865.) AMENDMENTS

1991-Subsec. (d). Pub. L. 102-237 substituted “aquaculture" for "acquaculture”.

§ 5924. Plant genome mapping program (a) Program required

The Secretary of Agriculture (hereinafter in this section referred to as the "Secretary") shall conduct a research program for the purpose of

(1) supporting basic and applied research and technology development in the area of plant genome structure and function;

(2) providing United States leadership in biotechnology; and

(3) providing crop varieties that may be cul tivated profitably without negatively impacting the environment.

(b) Competitive grants

The Secretary may make competitive grants, for periods not to exceed five years, to State ag ricultural experiment stations, all colleges and universities, other research institutions and or ganizations, Federal agencies, private organizations or corporations, and individuals for research projects in the research areas identified in subsection (c) of this section. (c) Research areas

Grants available under subsection (b) of this section shall be awarded in the following research areas:

(1) Construction of plant genome maps. (2) Identification, characterization, trans fer, and expression of genes of agricultural importance.

(3) Technology development in the areas of plant genome mapping, sequencing, gene transfer, and data management.

(4) Research on microorganisms associated with plants, such as plant pathogens and plant symbionts.

(d) Plan for making grants

Not later than 90 days after November 28, 1990, the Secretary shall submit to the Congress a detailed plan for awarding grants under

this section.

(e) Coordination of efforts

The Secretary shall coordinate activities under this section with related activities sponsored by the National Science Foundation, the National Institutes of Health, the Department of Energy, and the Department of Commerce. (f) Proprietary interests

The Secretary shall require (when the Secre tary considers it to be appropriate) licensing and patent agreements, copyright fees, royal ties, or other fee arrangements on the sales of products and new uses, applications, technol

ogies, or processes developed through assistance provided under this section.

(g) Reports

The Secretary shall submit to the Congress an annual report describing the operations of the grant program authorized by this section during the preceding fiscal year.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

(Pub. L. 101-624, title XVI, § 1671, Nov. 28, 1990, 104 Stat. 3769.)

§ 5925. Specialized research programs

(a) Animal lean content research

The Secretary of Agriculture is encouraged to fund research for the development of technology which will ascertain the lean content of animal carcasses to be used for human consumption.

(b) Ethanol research

In order to further carry on and enhance needed ethanol research, the facility of the Agricultural Research Service located at Peoria, Illinois (authorized by section 1292 of this title), may enter into cooperative agreements, contracts, and the exchange of scientific information with the Department of Energy in the area of ethanol research. Such facility shall on and after November 28, 1990, be referred to as the National Center for Agricultural Utilization Research, Agricultural Research Service, United States Department of Agriculture. (c) Aflatoxin research

The Secretary of Agriculture shall conduct a research program for the purpose of determining the presence of aflatoxin in the food and feed chains. The research required under this subsection shall include research in the following areas:

(1) The examination of agricultural commodities, products, and feeds for the presence and quantity of aflatoxin.

(2) The examination of human populations to assess the exposure level to aflatoxin.

(3) The examination of safe levels of aflatoxin in the food and feed chains.

(4) The development and assessment of control methods for aflatoxin, including methods to handle, store, detoxify, and dispose of aflatoxin-contaminated agricultural commodities, products, and feeds.

(5) The development of effective methods of controlling the aflatoxin contamination of agricultural products in international trade when the level of such contamination exceeds an acceptable level.

(6) The development of plants resistant to aflatoxin contamination.

(7) The improvement of sampling and analysis methods for aflatoxin.

(8) The effect of aflatoxin on animal disease through immunosuppression and interaction with other disease agents.

(9) The economic consequences of aflatoxin contamination.

(d) Mesquite research (1) Research required

The Secretary of Agriculture shall conduct a research program for the purpose of developing enhanced production methods and commercial uses of mesquite.

(2) Competitive grants

The Secretary shall make competitive grants, for periods not to exceed 5 years, to a State agricultural experiment station, a college or university, or a consortium of such entities, for a research project in the research areas identified in paragraph (3).

(3) Research areas

A grant available under paragraph (2) shall be awarded to an applicant to conduct research in

(A) the development of techniques to produce, from small-diameter, short-length, or otherwise irregular mesquite logs, solidwood products useful as flooring, furniture parts, turning blanks, and such other uses as may have potential economic value;

(B) the development of management techniques designed to improve stands for quality lumber production from mesquite; and

(C) such other methods of production, harvesting, processing, and marketing that are designed to provide viable markets for mesquite and lead to the commercialization of mesquite as a cash crop.

(4) Authorization of appropriations

There are authorized to be appropriated $100,000 for each of the fiscal years 1991 through 1995 to carry out this subsection. (e) Prickly pear research

(1) Research required

The Secretary of Agriculture shall conduct a research program for the purpose of investigating enhanced genetic selection and processing techniques of prickly pears.

(2) Competitive grants

The Secretary shall make competitive grants, for periods not to exceed 5 years, to a State agricultural experiment station, a college or university, or a consortium of such entities, for research projects in the research areas identified in paragraph (3).

(3) Research areas

A grant available under paragraph (2) shall be awarded to an applicant to conduct research

(A) to investigate, through genetic selection, the development of varieties of prickly pear with improved growth, freeze tolerance, and harvest characteristics;

(B) to develop techniques to produce and process prickly pear as a food source; and

(C) to continue to investigate the nutritional value and health benefits of prickly pears.

(4) Authorization of appropriations

There are authorized to be appropriated $100,000 for each of the fiscal years 1991 through 1995 to carry out this subsection. (f) Immunoassay research

(1) Research required

The Secretary of Agriculture shall establish and carry out a program to make grants to colleges and universities for research relating to immunoassay used

(A) to detect agricultural pesticide residues on agricultural commodities for human consumption; and

(B) to diagnose animal and plant diseases. (2) Preference

In making grants under this subsection, the Secretary may give preference to those colleges and universities that, as of November 28, 1990, are conducting research described in this subsection.

(g) Niche market development

The Secretary shall make research and extension grants available for the development of agricultural production and marketing systems that will service niche markets located in nearby metropolitan areas. In awarding such grants, the Secretary shall pay particular attention to areas

(1) with a high concentration of small farm operations; and

(2) that experience difficulty in delivering products to market due to geographic isolation.

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to assist research in the field of population ecology of deer ticks and other insects and pests which transmit Lyme disease.

(j) New commercial products from natural plant materials

The Secretary of Agriculture may

(1) conduct fundamental and applied research related to the development of new commercial products derived from natural plant materials for industrial, medical, and agricultural applications; and

(2) participate with colleges and universities, other Federal agencies, and private sector entities in conducting such research. (k) Administrative provisions

(1) Peer review

Research funded under this section shall be subject to peer review at such times as the Secretary considers necessary for the purpose of reviewing the progress and efficacy of the research and the justification and need for continued funding.

(2) Limitation on use of funds

Funds provided under this section may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.

(3) General eligibility

Unless otherwise specified in this section, State agricultural experiment stations, all colleges and universities, other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals shall be eligible to participate in the programs established by this section.

(Pub. L. 101-624, title XVI, § 1672, Nov. 28, 1990, 104 Stat. 3770; Pub. L. 102-237, title IV, §§ 406, 407(11), Dec. 13, 1991, 105 Stat. 1864, 1865.)

AMENDMENTS

1991-Subsec. (c), Pub. L. 102-237, § 407(11), redesignated pars. (A) to (I) as (1) to (9), respectively.

Subsec. (i). Pub. L. 102-237, § 406(1), substituted "Secretary of Agriculture, acting through the Cooperative State Research Service, to make competitive grants" for "Agricultural Research Service".

Subsec. (k)(1). Pub. L. 102–237, § 406(2), substituted "Research" for "Except for research funded under subsection (i), research".

§ 5926. Agricultural telecommunications program (a) Purpose

The program (hereafter referred to in this section as the "program") established under this section is intended to encourage the development and utilization of an agricultural communications network to facilitate and to strengthen agricultural extension, resident education and research, and domestic and international marketing of United States agricultural commodities and products through a partnership between eligible institutions and the Department of Agriculture. The network will employ satellite and other telecommunications technology to disseminate and to share academic instruction, cooperative extension program

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