amendments to the research facilities act of 1963

amendments to the research facilities act of 1963 Sec. 1416. The Act of July 22, 1963 (77 Stat. 90–92, as amended; 7 U.S.C. 390,390a–390k), is amended by— (1) amending paragraph (2) of section 3 to read as follows: “(2) the term ‘eligible institution’ means a department established under provisions of the Act of March 2, 1887 (24 Stat. 440–442, as amended; 7 U.S.C. 361a-361i), and under the direction of a college or university established in any State in accordance with the Act of July 2, 1862 (12 Stat. 503–505, as amended; 7 U.S.C. 301–305, 307 and 308), a department otherwise established pursuant to standards prescribed by any State the purpose of which is to conduct agricultural research, the Connecticut Agricultural Experiment Station at New Haven, Connecticut, the Ohio Agricultural Experiment Station at Wooster, Ohio, and those colleges, universities, and other legal entities in each State now receiving, or which may hereafter receive, benefits under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including the Tuskegee Institute, or the Act of October 10, 1962 (76 Stat. 806–807, as amended; 16 U.S.C. 582a–582a–1–582a–7); and”; (2) striking out sections 4 through 12 and inserting in lieu thereof the following new sections: “Sec. 4. (a) There are hereby authorized to be appropriated for allocation to eligible institutions under this Act to be used for the purpose set out in section 2 of this Act, $15,000,000 for the fiscal year ending September 30, 1978, $19,000,000 for the fiscal year ending September 30, 1979, $23,000,000 for the fiscal year ending September 30, 1980, $27,000,000 for the fiscal year ending September 30, 1981, and $31,000,000 for the fiscal year ending September 30, 1982, and not in excess of such sums as may after the date of enactment of the Food and Agriculture Act of 1977 be authorized by law for any subsequent fiscal year. “(b) (1) The first $4,000,000 appropriated for research facilities pursuant to this section for any fiscal year shall be apportioned equally among eligible institutions. “(2) Any amount in excess of $4,000,000 appropriated under this section for any fiscal year shall be apportioned as follows: Each eligible institution shall be entitled to an amount which bears the same ratio to the total amount of funds being allocated in such fiscal year under this paragraph as the amount received by such institution in the preceding fiscal year bears to the total amount received by all eligible institutions in such preceding fiscal year. The amount received by eligible institutions in the preceding fiscal year shall be determined on the basis of funds received under section 3 of the Act of March 2, 1887, section 3 of the Act of October 10, 1962, and—with respect to institutions receiving benefits under the Act of August 30, 1890, including Tuskegee Institute—on the basis of funds received under section 2 of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i), during the fiscal years ending September 30, 1977, and September 30, 1978, and 91 STAT. 995on the basis of funds received under section 1445 of the Food and Agriculture Act of 1977 in subsequent years. “(c) It shall be the duty and responsibility of the Secretary to administer the provisions of this Act under such rules and regulations as the Secretary may prescribe as necessary therefor. “Sec. 5. As a condition for receiving funds apportioned under section 4 of this Act, each eligible institution shall submit, in such form as the Secretary may require, specific proposals for planning, acquisition, construction, repair, rehabilitation, renovation, or remodeling of buildings, laboratories, and other capital facilities including the acquisition of fixtures and equipment, including scientific instrumentation, which are to become part of such buildings. In a State having more than one eligible institution the Secretary shall devise procedures to insure that the facility proposals of the eligible institutions in such State provide for a coordinated food and agricultural research program among eligible institutions in such State. “Sec. 6. Any unused portion of the allotment to any eligible institution for any fiscal year shall remain available at the option of such institution for payment to such institution for a period of not more than five fiscal years following the fiscal year in which such allotment is first made available. “Sec. 7. With respect to multiple-purpose physical facilities, the segment or portion thereof which is to be utilized for food and agricultural research shall be the basis for determination of fund support under this Act. “Sec. 8. For each fiscal year that funds are made available for allocation the Secretary shall ascertain, at the earliest practicable date during such year, the amount of the allocation to which each eligible institution is entitled and shall notify each such institution in writing promptly thereafter as to the amount of such allocation. “Sec. 9. (a) Any eligible institution authorized to receive payments under the provisions of section 4 of this Act shall have a chief administrative officer and a duly designated fiscal officer, who shall be the persons responsible for receipt of payments under the Acts referred to in section 4(b) of this Act. to whom payments can be directed by the Secretary. Such fiscal officer shall receive and account for all funds paid to such institution pursuant to the provisions of this Act, and shall submit a report, approved by the chief administrative officer of such institution, to the Secretary on or before the first day of December of each year. Such report shall contain a detailed statement of the amount received under the provisions of this Act during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary. “(b) If any portion of the allotted funds received by the duly authorized fiscal officer of any eligible institution shall by any action or contingency be diminished, lost, or misapplied, it shall be repaid by the institution concerned, and until repaid no part of any subsequent appropriation shall be allocated or paid to such institution. “Sec. 10. The Secretary shall make an annual report to Congress during the first regular session of each year with respect to (1) payments made under this Act, (2) the facilities, by institution, for which such payments were made, and (3) whether any portion of the appropriation available for allotment to any of the eligible institutions has been withheld and, if so, the reasons therefor. “Sec. 11. Three per centum of funds appropriated under this Act shall be available to the Secretary for administration of this Act.”; and 91 STAT. 996 (3) striking out “the State agricultural experiment stations” time it occurs in the title, section 1, and section 2 and inserting in lieu thereof “eligible institutions”, and striking out “on a matching basis,” in section 1.