United States Code
USC most recently checked for updates: May 28, 2023
The term “Board” means the Board of Directors described in subsection (e).
The term “Department” means the Department of Agriculture.
The term “Foundation” means the Foundation for Food and Agriculture Research established under subsection (b).
The term “Secretary” means the Secretary of Agriculture.
The Secretary shall establish a nonprofit corporation to be known as the “Foundation for Food and Agriculture Research”.
The Foundation shall not be an agency or instrumentality of the United States Government.
The activities described in paragraph (1) shall be supplemental to any other activities at the Department and shall not preempt any authority or responsibility of the Department under another provision of law.
The Foundation shall be governed by a Board of Directors.
The Board shall be composed of appointed and ex-officio, nonvoting members.
The ex-officio members shall ensure that a majority of the appointed members of the Board have actual experience in agriculture or agricultural research and, to the extent practicable, represent diverse sectors of agriculture.
No employee of the Federal Government may serve as an appointed member of the Board under this subparagraph.
Appointment to the Board under this subparagraph shall not constitute Federal employment.
All appointed members of the Board shall be voting members.
The Board shall, from among the members of the Board, designate an individual to serve as Chair of the Board.
The term of each member of the Board appointed under paragraph (2)(C) shall be 5 years, except that of the members initially appointed, 8 of the members shall each be appointed for a term of 3 years and 7 of the members shall each be appointed for a term of 2 years.
If a member of the Board does not serve the full term applicable under clause (i), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual.
A member of the Board may continue to serve after the expiration of the term of the member until a successor is appointed.
After the initial appointment of the members of the Board under paragraph (2)(C), any vacancy in the membership of the Board shall be filled as provided in the bylaws established under paragraph (4)(A)(i).
Members of the Board may not receive compensation for service on the Board but may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board.
A majority of the members of the Board shall constitute a quorum for purposes of conducting the business of the Board.
The Board shall hire an Executive Director who shall carry out such duties and responsibilities as the Board may prescribe.
The Executive Director shall serve at the pleasure of the Board.
No appointed member of the Board or officer or employee of the Foundation or of any program established by the Foundation (other than ex-officio members of the Board) shall exercise administrative control over any Federal employee.
The Board shall hold an annual public meeting to summarize the activities of the Foundation.
To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board.
The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights derived from the collaborative efforts of the Foundation.
The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation.
On the date on which the strategic plan described in subsection (f)(3)(B)(iv) is submitted, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $185,000,000, to remain available until expended.
The Foundation may use the funds made available under subparagraph (A) to carry out the purposes, duties, and powers of the Foundation only to the extent that the Foundation secures an equal amount of matching funds from a non-Federal source, including an agricultural commodity promotion, research, and information program.
Nothing in this section requires the Foundation to require a matching contribution from an individual grantee as a condition of receiving a grant under this section.
None of the funds made available under subparagraph (A) may be used for construction.
The Executive Director shall ensure that any funds received under paragraph (1) are held in separate accounts from funds received from nongovernmental entities as described in subsection (f)(2)(A)(iii).