
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2279b]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 55--DEPARTMENT OF AGRICULTURE
 
Sec. 2279b. Operation of Graduate School of Department of 
        Agriculture as nonappropriated fund instrumentality
        

(a) Definitions

    In this section:

                         (1) Graduate School

        The term ``Graduate School'' means the Graduate School of the 
    Department of Agriculture.

                              (2) Board

        The term ``Board'' means the General Administration Board of the 
    Graduate School.

                            (3) Director

        The term ``Director'' means the Director of the Graduate School.

                            (4) Secretary

        The term ``Secretary'' means the Secretary of Agriculture.

(b) Operation as nonappropriated fund instrumentality

    On and after April 4, 1996, the Graduate School of the Department of 
Agriculture shall continue to operate as a nonappropriated fund 
instrumentality of the United States under the jurisdiction of the 
Department of Agriculture.

(c) Activities of Graduate School

    Under the general supervision of the Secretary, the Graduate School 
shall develop, administer, and provide educational, training, and 
professional development activities, including educational activities 
for Federal agencies, Federal employees, nonprofit organizations, other 
entities, and members of the general public.

(d) Fees and donations

                       (1) Collection of fees

        The Graduate School may charge and retain fair and reasonable 
    fees for the activities provided by the Graduate School. The amount 
    of the fees shall be based on the cost of the activities to the 
    Graduate School.

                     (2) Acceptance of donations

        (A) Acceptance and use authorized

            The Graduate School may accept, use, hold, dispose, and 
        administer gifts, bequests, and devises of money, securities, 
        and other real or personal property made for the benefit of, or 
        in connection with, the Graduate School.

        (B) Exception

            The Graduate School shall not accept a donation from a 
        person that is actively engaged in a procurement activity with 
        the Graduate School or has an interest that may be substantially 
        affected by the performance or nonperformance of an official 
        duty of a member of the Board or an employee of the Graduate 
        School.

                        (3) Not Federal funds

        Fees collected under paragraph (1) and amounts received under 
    paragraph (2) shall not be considered to be Federal funds and shall 
    not be required to be deposited in the Treasury of the United 
    States.

(e) General Administration Board and Director

                 (1) Appointment as governing board

        The Secretary shall appoint a General Administration Board to 
    serve as a governing board for the Graduate School and to supervise 
    and direct the activities of the Graduate School. The Board shall be 
    subject to regulation by the Secretary.

                         (2) Duties of Board

        The Board shall--
            (A) formulate broad policies in accordance with which the 
        Graduate School shall be administered;
            (B) take all steps necessary to ensure that the highest 
        possible educational standards are maintained by the Graduate 
        School;
            (C) exercise general supervision over the administration of 
        the Graduate School; and
            (D) establish such bylaws, rules, and procedures as may be 
        necessary for the fulfillment of the duties described in 
        subparagraphs (A), (B), and (C).

           (3) Appointment of Director and other officers

        The Board shall select a Director and such other officers as the 
    Board considers necessary to administer the Graduate School. The 
    Director and other officers shall serve on such terms and perform 
    such duties as the Board may prescribe.

                       (4) Duties of Director

        The Director shall be responsible, subject to the supervision 
    and direction of the Board, for carrying out the functions of the 
    Graduate School.

               (5) Borrowing and investment authority

        The Board may authorize the Director--
            (A) to borrow money on the credit of the Graduate School; 
        and
            (B) to invest funds held in excess of the current operating 
        requirements of the Graduate School for purposes of maintaining 
        a reasonable reserve.

                            (6) Liability

        The Director and the members of the Board shall not be held 
    personally liable for any loss or damage that may accrue to the 
    funds of the Graduate School as the result of any act or exercise of 
    discretion performed in carrying out their duties under this 
    section.

(f) Employees

    Employees of the Graduate School are employees of a nonappropriated 
fund instrumentality and shall not be considered to be Federal 
employees.

(g) Not a Federal agency

    The Graduate School shall not be considered to be a Federal agency 
for purposes of--
        (1) the Federal Advisory Committee Act (5 U.S.C. App.);
        (2) section 552 or 552a of title 5; or
        (3) chapter 171 of title 28.

(h) Acquisition and disposal of property

    In order to carry out the activities of the Graduate School, the 
Graduate School may--
        (1) acquire real property in the District of Columbia and in 
    other places by lease, purchase, or otherwise;
        (2) maintain, enlarge, or remodel any such property;
        (3) have sole control of any such property; and
        (4) dispose of real and personal property without regard to the 
    Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
    471 et seq.).

(i) Contract authority

    The Graduate School may enter into contracts without regard to the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.) or any other law that prescribes procedures for the procurement 
of property or services by an executive agency.

(j) Use of Department facilities and resources

    The Graduate School may use the facilities and resources of the 
Department of Agriculture, on the condition that any costs incurred by 
the Department that are attributable solely to Graduate School 
operations and all costs incurred by the Graduate School arising out of 
such operations shall be paid using funds of the Graduate School. 
Federal funds may not be used to pay the costs.

(Pub. L. 104-127, title IX, Sec. 921, Apr. 4, 1996, 110 Stat. 1191.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (g)(1), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsecs. (h)(4) and (i), is act June 30, 1949, ch. 288, 
63 Stat. 377, as amended. Provisions of the Act relating to management 
and disposal of property and to procurement procedures are classified 
generally to chapter 10 (Sec. 471 et seq.) of Title 40, Public 
Buildings, Property, and Works, and subchapter IV (Sec. 251 et seq.) of 
chapter 4 of Title 41, Public Contracts. For complete classification of 
this Act to the Code, see Short Title note set out under section 471 of 
Title 40 and Tables.
