United States Code

USC most recently checked for updates: Jul 15, 2024

§ 3123.
National Agricultural Research, Extension, Education, and Economics Advisory Board
(a)
Establishment

The Secretary shall establish within the Department of Agriculture a board to be known as the “National Agricultural Research, Extension, Education, and Economics Advisory Board”.

(b)
Membership
(1)
In general

The Advisory Board shall consist of 15 members, appointed by the Secretary.

(2)
Selection of members

The Secretary shall appoint members of the Advisory Board from nominations submitted by organizations, associations, societies, councils, federations, groups, and companies fitting the criteria specified in paragraph (3).

(3)
Membership categories
The Advisory Board shall consist of members from each of the following categories:
(A)
3 members representing national farm or producer organizations, which may include members—
(i)
representing farm cooperatives;
(ii)
who are producers actively engaged in the production of a food animal commodity and who are recommended by a coalition of national livestock organizations;
(iii)
who are producers actively engaged in the production of a plant commodity and who are recommended by a coalition of national crop organizations; or
(iv)
who are producers actively engaged in aquaculture and who are recommended by a coalition of national aquacultural organizations.
(B)
2 members representing academic or research societies, which may include members representing—
(i)
a national food animal science society;
(ii)
a national crop, soil, agronomy, horticulture, plant pathology, or weed science society;
(iii)
a national food science organization;
(iv)
a national human health association; or
(v)
a national nutritional science society.
(C)
5 members representing agricultural research, extension, and education, which shall include each of the following:
(i)
1 member representing the land-grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.).
(ii)
1 member representing the land-grant colleges and universities eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.
(iii)
1 member representing the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).
(iv)
1 member representing NLGCA Institutions or Hispanic-serving institutions.
(v)
1 member representing American colleges of veterinary medicine.
(D)
5 members representing industry, consumer, or rural interests, including members representing—
(i)
entities engaged in transportation of food and agricultural products to domestic and foreign markets;
(ii)
food retailing and marketing interests;
(iii)
food and fiber processors;
(iv)
rural economic development interests;
(v)
a national consumer interest group;
(vi)
a national forestry group;
(vii)
a national conservation or natural resource group;
(viii)
a national social science association;
(ix)
private sector organizations involved in international development; or
(x)
a national association of agricultural economists.
(4)
Ex officio members

The Secretary, the Under Secretary of Agriculture for Research, Education, and Economics, the Administrator of the Agricultural Research Service, the Director of the National Institute of Food and Agriculture, the Administrator of the Economic Research Service, and the Administrator of the National Agricultural Statistics Service shall serve as ex officio members of the Advisory Board.

(5)
Officers

At the first meeting of the Advisory Board each year, the members shall elect from among the members of the Advisory Board a chairperson, vice chairperson, and 7 additional members to serve on the executive committee established under paragraph (6).

(6)
Executive committee

The Advisory Board shall establish an executive committee charged with the responsibility of working with the Secretary and officers and employees of the Department of Agriculture to summarize and disseminate the recommendations of the Advisory Board.

(7)
Equal representation of public and private sector members

In appointing members to serve on the Advisory Board, the Secretary shall ensure, to the maximum extent practicable, equal representation of public and private sector members.

(c)
Duties
The Advisory Board shall—
(1)
make recommendations, review, and provide consultation to the Secretary, land-grant colleges and universities, and the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Agriculture, Rural Development and Related Agencies of the Committee on Appropriations of the Senate on—
(A)
long-term and short-term national policies and priorities consistent with the—
(i)
purposes specified in section 3101 of this title for agricultural research, extension, education, and economics; and
(ii)
priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of section 3157 of this title;
(B)
the annual establishment of national priorities that are in accordance with the priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of section 3157 of this title.
(2)
evaluate the results and effectiveness of agricultural research, extension, education, and economics with respect to the policies and priorities and make recommendations to the Secretary based on such evaluation;
(3)
review and make recommendations to the Under Secretary of Agriculture for Research, Education, and Economics on the research, extension, education, and economics portion of the draft strategic plan required under section 306 of title 5;
(4)
review and make recommendations on the mechanisms of the Department of Agriculture for technology assessment (which should be conducted by qualified professionals) for the purposes of—
(A)
performance measurement and evaluation of the implementation by the Secretary of the strategic plan required under section 306 of title 5;
(B)
implementation of national research policies and priorities that are consistent with the purposes specified in section 3101 of this title; and
(C)
the development of mechanisms for the assessment of emerging public and private agricultural research and technology transfer initiatives; and
(5)
consult with industry groups on agricultural research, extension, education, and economics, and make recommendations to the Secretary based on that consultation.
(d)
Consultation
(1)
Duties of Advisory Board

In carrying out this section, the Advisory Board shall consult with any appropriate agencies of the Department of Agriculture and solicit opinions and recommendations from persons who will benefit from and use federally funded agricultural research, extension, education, and economics.

(2)
Duties of Secretary
To comply with a provision of this chapter or any other law that requires the Secretary to consult or cooperate with the Advisory Board or that authorizes the Advisory Board to submit recommendations to the Secretary, the Secretary shall—
(A)
solicit the written opinions and recommendations of the Advisory Board; and
(B)
provide a written response to the Advisory Board regarding the manner and extent to which the Secretary will implement recommendations submitted by the Advisory Board.
(e)
Appointment

A member of the Advisory Board shall be appointed by the Secretary for a term of up to 3 years. The members of the Advisory Board shall be appointed to serve staggered terms.

(f)
Chapter 10 of title 5

The Advisory Board shall be deemed to have filed a charter for the purpose of section 1008(c) of title 5.

(g)
Annual limitation on Advisory Board expenses
(1)
Maximum amount

Not more than $500,000 may be used to cover the necessary expenses of the Advisory Board for each fiscal year.

(2)
General limitation

The expenses of the Advisory Board shall not be counted toward any general limitation on the expenses of advisory committees, panels, commissions, and task forces of the Department of Agriculture contained in any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after June 23, 1998, unless the appropriation Act specifically refers to this subsection and specifically includes this Advisory Board within the general limitation.

(h)
Termination

The Advisory Board shall remain in existence until September 30, 2023.

(Pub. L. 95–113, title XIV, § 1408, Sept. 29, 1977, 91 Stat. 988; Pub. L. 97–98, title XIV, § 1408, Dec. 22, 1981, 95 Stat. 1300; Pub. L. 99–198, title XIV, § 1406, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 101–624, title XVI, § 1604(b), Nov. 28, 1990, 104 Stat. 3709; Pub. L. 102–237, title IV, § 402(2), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–66, title I, §§ 1011(t), 1012(f), Dec. 21, 1995, 109 Stat. 710, 712; Pub. L. 104–127, title VIII, § 802(a), Apr. 4, 1996, 110 Stat. 1156; Pub. L. 105–185, title II, § 222, June 23, 1998, 112 Stat. 538; Pub. L. 107–171, title VII, §§ 7133, 7209(a), May 13, 2002, 116 Stat. 435, 444; Pub. L. 110–234, title VII, §§ 7102(a), 7511(c)(8), May 22, 2008, 122 Stat. 1214, 1268; Pub. L. 110–246, § 4(a), title VII, §§ 7102(a), 7511(c)(8), June 18, 2008, 122 Stat. 1664, 1975, 2029; Pub. L. 113–79, title VII, § 7102, Feb. 7, 2014, 128 Stat. 863; Pub. L. 115–334, title VII, § 7103, Dec. 20, 2018, 132 Stat. 4781; Pub. L. 117–286, § 4(a)(31), Dec. 27, 2022, 136 Stat. 4308.)
cite as: 7 USC 3123