Collapse to view only § 178g. Powers of Secretary of Agriculture
- § 178. Congressional findings and declaration of policy
- § 178a. Definitions
- § 178b. Joint Commission on Research and Development of Critical Agricultural Materials
- § 178c. Research and development program by Secretary of Agriculture
- § 178d. Research and development program by Secretary of Commerce
- § 178e. Cooperative projects with Mexico, Australia, and Israel
- § 178f. Assistance from States and public agencies; contracts and agreements
- § 178g. Powers of Secretary of Agriculture
- § 178h. Powers of Secretary of Commerce
- § 178i. Coordination of activities with Federal agencies
- § 178j. Laws governing inventions under this subchapter
- § 178k. Disposition of byproducts and strategic and industrially important products
- § 178l. Rules and regulations
- § 178m. Report to President and Congress
- § 178n. Administration and funding
§ 178. Congressional findings and declaration of policy
(a)
(1) Congress recognizes that natural latex rubber is a commodity of vital importance to the economy, the defense, and the general well-being of the Nation. The United States is totally dependent upon foreign sources for its supplies of natural (Hevea) latex, which total about one million tons per year. Synthetic rubber, manufactured from petroleum feedstocks, cannot be substituted for natural rubber.
(2) Congress further recognizes that certain plant species of the genus Parthenium (Guayule), native to Texas and the Republic of Mexico, as well as other plants, are known to contain commercial quantities of extractable rubber. During World War II, through research carried out by the Secretary of Agriculture in the Emergency Rubber Project, the United States demonstrated that Parthenium latex is a promising and realistic substitute for Hevea latex.
(3) Congress further recognizes that additional research and development are needed, especially into methods for increasing latex yields, before commercialization of native Parthenium latex or other hydrocarbon-containing plants by private industry is feasible.
(4) Congress further recognizes that the development of a domestic natural rubber industry, based on Parthenium and other hydrocarbon-containing plants, would not only relieve the Nation’s dependence upon foreign latex sources but also convey substantial economic benefits to people living in arid and semiarid regions of the United States. Such an industry would comprise the agricultural production of the hydrocarbon-containing plants and the development of commercial processing and manufacturing facilities to extract the latex and other products.
(5) Congress further recognizes that ongoing research into the development and commercialization of native latex has been conducted by the Department of Agriculture, the Department of Commerce, the National Science Foundation, and other public as well as private and industrial research groups, and that these research efforts should be continued and expanded.
(b) In addition, Congress recognizes that the development of a domestic industry or industries for the production and manufacture from native agricultural crops of products other than rubber which are of strategic and industrial importance but for which the Nation is now dependent upon foreign sources, would benefit the economy, the defense, and the general well-being of the Nation, and that additional research efforts in this area should be undertaken or continued and expanded.
(c) It is therefore the policy of the United States to provide for the development and demonstration of economically feasible means of culturing and manufacturing Parthenium and other hydrocarbon-containing plants, along with other native agricultural crops, for the production of critical agricultural materials to benefit the Nation and promote economic development.
(Pub. L. 95–592, § 2, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98–284, § 2, May 16, 1984, 98 Stat. 181.)
§ 178a. Definitions
As used in this subchapter—
(a) The term “State” means each of the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) The term “Secretaries” means the Secretary of Agriculture and/or the Secretary of Commerce acting each separately or jointly.
(c) The term “commercialization” means the stage in the development or advancement of a technology at which point private enterprise is willing to invest in a full-scale production facility.
(d) The term “native” means hydrocarbon-containing plants and other agricultural crops of strategic and industrial importance which may be cultured in North America, especially plants which are members of the genus Parthenium known as Guayule.
(Pub. L. 95–592, § 3, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98–284, § 3, May 16, 1984, 98 Stat. 181.)
§ 178b. Joint Commission on Research and Development of Critical Agricultural Materials
(a) Establishment; function
(b) Membership
(c) Chairman
(d) Delegation of responsibilities to Joint Commission; transfer and use of appropriated funds
(e) Duties
The Joint Commission shall—
(1) develop a plan establishing goals, timetables, and tasks to be undertaken in carrying out the purposes of this subchapter;
(2) establish broad policy for implementing the plan carrying out the purposes of this subchapter;
(3) establish criteria for evaluating and awarding contracts for research, development, and demonstration projects; and
(4) review and advise the Secretaries with respect to grants, contracts, and other project expenditures.
(f) Administrative support services
(g) Advice of scientific, engineering and business communities
(Pub. L. 95–592, § 4, Nov. 4, 1978, 92 Stat. 2530; Pub. L. 98–284, § 4, May 16, 1984, 98 Stat. 181; Pub. L. 104–127, title VIII, § 881(a), Apr. 4, 1996, 110 Stat. 1175.)
§ 178c. Research and development program by Secretary of Agriculture
(a) Designation of Department as lead agency
(b) Scope of program
The Secretary of Agriculture shall conduct, sponsor, promote, and coordinate basic and applied research, technology development, and technology transfer leading to effective and economical methods for large-scale culturing of plantations and the extraction of latex from Parthenium or other hydrocarbon-containing plants, and for the development of other critical agricultural materials from native agricultural crops having strategic and industrial importance. Such research shall include, but not be limited to—
(1) carrying out extensive seed collections from wild plants in Texas, Mexico, and other areas and borrowing or purchasing seeds from other sources;
(2) developing a stockpile of Parthenium seeds, such stockpile to be appropriately classified and stored at a suitable facility;
(3) accelerating present plant breeding, genetics, and selection programs for the purpose of improving and increasing latex yields, expanding insect and disease resistance, broadening the ranges of drought and cold resistance of the Parthenium plant, and providing a system of regional research trials for enhancing and increasing the supply of foundation seed for certified seed production;
(4) establishing a system of large-scale experimental plantings (aggregating ten thousand acres or more) to provide shrub for feedstock to process in the developmental rubber processing facility described in paragraph (7);
(5) carrying out specific studies on the effects of irrigation on plant growth and latex yield and survival potential;
(6) developing equipment needed to carry out nursery operations, planting, cultivating, harvesting, transporting the crop, and other necessary agricultural activities;
(7) accelerating the refinement of present extraction and processing technologies and future extraction technologies, including the development and construction of a developmental rubber processing facility for the extraction and production of test quantities of guayule natural rubber;
(8) establishing and maintaining a bank of all pertinent research data on native latex including extant United States Government publications and records from the emergency rubber project. Such data shall be made available to other Federal and State agencies and private persons who are interested or involved in native latex research, development, or manufacture; and
(9) studying the economic feasibility of developing other native agricultural crops (in addition to Parthenium and other hydrocarbon-containing plants, and including hemp (as defined in section 1639o of this title)) that would supply critical agricultural materials for strategic and industrial purposes, carrying out demonstration projects to promote the development or commercialization of such crops (including projects designed to expand domestic or foreign markets for such crops), and, to the extent appropriate, carrying out research activities with respect to such crops in the manner specified in paragraphs (1) through (8).
(c) Office of Critical Agricultural Materials
(d) Authority of Secretary in carrying out demonstration project
Notwithstanding any other provision of law, in carrying out a demonstration project referred to in subsection (b)(9), the Secretary may—
(1) enter into a contract or cooperative agreement with, or provide a grant to, any person, or public or private agency or organization, to participate in, carry out, support, or stimulate such project;
(2) make available for purposes of clause (1) agricultural commodities or the products thereof acquired by the Commodity Credit Corporation under price support operations conducted by the Corporation; or
(3) use any funds appropriated pursuant to section 178n(a) of this title, or any funds provided by any person, or public or private agency or organization, to carry out such project or reimburse the Commodity Credit Corporation for agricultural commodities or products that are utilized in connection with such project.
(Pub. L. 95–592, § 5, Nov. 4, 1978, 92 Stat. 2531; Pub. L. 98–284, § 5, May 16, 1984, 98 Stat. 182; Pub. L. 99–198, title XIV, § 1439, Dec. 23, 1985, 99 Stat. 1559; Pub. L. 102–237, title X, § 1005(1), Dec. 13, 1991, 105 Stat. 1894; Pub. L. 115–334, title VII, § 7501(a), Dec. 20, 2018, 132 Stat. 4819.)
§ 178d. Research and development program by Secretary of Commerce
The Secretary of Commerce is authorized and directed to initiate and carry out research, technology development, technology transfer, and demonstration projects to test and demonstrate the economic feasibility of the manufacture and commercialization of natural rubber from Parthenium or other hydrocarbon-containing plants or the manufacture and commercialization of other critical agricultural materials from native agricultural crops having strategic and industrial importance. Such research shall include but not be limited to—
(a) conducting research and development on extraction and processing techniques;
(b) economic analysis of the production of native latex, including usable byproducts;
(c) studying the environmental, social, and economic impacts of the commercial development of native latex;
(d) evaluating the commercial marketability of Parthenium and rubber derived from other hydrocarbon-containing plants;
(e) further refining present extraction and manufacturing technologies and future extraction and manufacturing technologies, including technologies which utilize solar energy;
(f) developing pertinent material and records on manufacturing of natural rubber which shall be available to other Federal and State agencies and private persons who are interested in or involved in natural rubber development, or manufacture; and
(g) to the extent appropriate, carrying out research activities with respect to native agricultural crops (other than Parthenium and other hydrocarbon-containing plants) that would supply critical agricultural materials for strategic and industrial purposes, in the manner specified in clauses (a) through (f).
(Pub. L. 95–592, § 6, Nov. 4, 1978, 92 Stat. 2531; Pub. L. 98–284, § 6, May 16, 1984, 98 Stat. 183.)
§ 178e. Cooperative projects with Mexico, Australia, and Israel
The Secretaries, in consultation with the Secretary of State, are authorized and encouraged to enter into cooperative projects with the Government of Mexico, the Government of Australia, and the Government of Israel in order to accomplish appropriate aspects of the research and development provided for in this subchapter. Such cooperative projects should include, but not be limited to, projects to determine the economic feasibility of extraction and processing of latex and other critical agricultural materials produced in the United States.
(Pub. L. 95–592, § 7, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98–284, § 7, May 16, 1984, 98 Stat. 183.)
§ 178f. Assistance from States and public agencies; contracts and agreements
The Secretaries are authorized to accept financial or other assistance from any State or public agency to aid in carrying out the provisions of this subchapter and to enter into contracts with respect to such assistance and to enter into agreements with any State or public agency for the purpose of demonstrating, transferring, or applying results of research or methods of economic development relating to native latex or to other critical agricultural materials.
(Pub. L. 95–592, § 8, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98–284, § 8, May 16, 1984, 98 Stat. 183.)
§ 178g. Powers of Secretary of Agriculture
In carrying out the provisions of this subchapter, the Secretary of Agriculture is authorized to—
(a) make grants to States, education institutions, scientific organizations, and Indian tribes as defined in the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 450),1
1 See References in Text note below.
and enter into contracts with such institutions and organizations and with industrial or engineering firms;(b) acquire the services of biologists, agronomists, foresters, geneticists, chemists, engineers, economists, and other personnel by contract or otherwise;
(c) utilize the facilities of Federal and State scientific laboratories;
(d) establish and operate necessary facilities and plantations to carry out the continuous research, testing, development, and programing necessary to effectuate the purposes of this subchapter;
(e) acquire secret processes, technical data, inventions, patent applications, patents, licenses, land and interest in land (including water rights), facilities, and other property or rights by purchase, license, lease, or donation;
(f) assemble and maintain pertinent and current literature and publications, patents and licenses, land and interests in land;
(g) cause onsite inspections to be made of promising projects, domestic or foreign, and, in the case of projects located in the United States, cooperate and participate in their development when the Secretary determines that the purpose of this subchapter will be served thereby;
(h) foster and participate in regional, national, and international conferences relating to native latex culture or the culture of other native agricultural crops which could supply critical agricultural materials;
(i) coordinate, correlate, and publish information with a view to advancing the development of native latex technology or the technology of other native agricultural crops which could supply critical agricultural materials; and
(j) cooperate with other Federal departments and agencies, with State and local departments, agencies, and instrumentalities, and with interested persons, firms, institutions, and organizations.
(Pub. L. 95–592, § 9, Nov. 4, 1978, 92 Stat. 2532; Pub. L. 98–284, § 9, May 16, 1984, 98 Stat. 183.)
§ 178h. Powers of Secretary of Commerce
In carrying out the provisions of this subchapter, the Secretary of Commerce is authorized to—
(a) make grants to States, education institutions, scientific organizations, and Indian tribes as defined in the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 450),1
1 See References in Text note below.
and enter into contracts with such institutions and organizations and with industrial or engineering firms;(b) acquire the services of biologists, agronomists, foresters, geneticists, engineers, economists, and other personnel having expertise in native agricultural crops which could supply critical agricultural materials by contract or otherwise;
(c) utilize the facilities of Federal and State institutions and other scientific laboratories;
(d) establish and operate necessary facilities and pilot plants to carry out the continuous research, testing, development, and programing necessary to effectuate the purposes of this section;
(e) acquire secret processes, technical data, invention, patent applications, patents, licenses, land and interests in land (including water rights), plants and facilities, and other property or rights by purchase, license, lease, or donation; and
(f) foster and participate in regional, national, and international conferences relating to the activities authorized by this subchapter.
(Pub. L. 95–592, § 10, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98–284, § 10, May 16, 1984, 98 Stat. 184.)
§ 178i. Coordination of activities with Federal agencies
In carrying out the provisions of this subchapter, the Secretaries and the Joint Commission shall cooperate with each other in the conduct of their activities under this subchapter, and shall ensure that their activities under this subchapter are closely coordinated with the activities of other Federal agencies such as the Department of the Interior, National Science Foundation, Bureau of Indian Affairs, Department of Energy, Department of State, Department of Defense, Treasury Department, Federal Emergency Management Agency, and others, in order to prevent duplication of effort, ensure compatibility with ongoing programs and policies, and to fully exploit the opportunities inherent in the culture and manufacture of native latex.
(Pub. L. 95–592, § 11, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98–284, § 11, May 16, 1984, 98 Stat. 184; Pub. L. 102–237, title X, § 1005(2), Dec. 13, 1991, 105 Stat. 1894.)
§ 178j. Laws governing inventions under this subchapter
Relative to the definitions of, title to, and licensing of inventions made or conceived in the course of or under any contract or grant pursuant to this subchapter, and notwithstanding any other provisions of law, the provisions of sections 5908 and 5909 of title 42 shall govern.
(Pub. L. 95–592, § 12, Nov. 4, 1978, 92 Stat. 2533.)
§ 178k. Disposition of byproducts and strategic and industrially important products
The Secretaries may dispose of any latex, resin, wax, pulp, and any other byproducts, as well as products, other than rubber, developed from agricultural crops which are of strategic and industrial importance, resulting from operations under this subchapter. Dispositions under this section may include sales of the materials involved to other Federal departments and agencies for testing purposes. All moneys received from dispositions under this section shall be paid into the Treasury as miscellaneous receipts.
(Pub. L. 95–592, § 13, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98–284, § 12, May 16, 1984, 98 Stat. 184.)
§ 178l. Rules and regulations
The Secretaries may issue rules and regulations necessary to effectuate the purposes of this subchapter.
(Pub. L. 95–592, § 14, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98–284, § 13, May 16, 1984, 98 Stat. 184.)
§ 178m. Report to President and Congress
The Secretaries shall submit to the President and the Congress, no later than December 31, 1980, and each year thereafter through 1987, a report on the status of the research, development, and other work underway under this subchapter. Such report shall (1) recommend specific directions for further research, development and other work, and (2) recommend funding levels for various elements of the overall project.
(Pub. L. 95–592, § 15, Nov. 4, 1978, 92 Stat. 2533; Pub. L. 98–284, § 14, May 16, 1984, 98 Stat. 184.)
§ 178n. Administration and funding
(a) Authorization of appropriations to Secretary of Agriculture
There are authorized to be appropriated to the Secretary of Agriculture to carry out this subchapter—
(1) such sums as are necessary for each of fiscal years 1991 through 2013; and
(2) $2,000,000 for each of fiscal years 2014 through 2023.
(b) Administration and management
(c) Contract authority as limited by amounts provided in appropriations acts
(d) Activities limited to critical materials other than native latex after fiscal 1988
(Pub. L. 95–592, § 16, Nov. 4, 1978, 92 Stat. 2534; Pub. L. 98–284, § 15, May 16, 1984, 98 Stat. 184; Pub. L. 101–624, title XVI, § 1601(e), Nov. 28, 1990, 104 Stat. 3704; Pub. L. 104–127, title VIII, § 881(b), Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105–185, title III, § 301(c), June 23, 1998, 112 Stat. 563; Pub. L. 107–171, title VII, § 7138, May 13, 2002, 116 Stat. 436; Pub. L. 110–234, title VII, § 7401, May 22, 2008, 122 Stat. 1245; Pub. L. 110–246, § 4(a), title VII, § 7401, June 18, 2008, 122 Stat. 1664, 2007; Pub. L. 113–79, title VII, § 7401, Feb. 7, 2014, 128 Stat. 893; Pub. L. 115–334, title VII, § 7501(b), Dec. 20, 2018, 132 Stat. 4819.)