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.