
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: 7USC3123]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
 
   SUBCHAPTER II--COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH, 
                         EXTENSION, AND TEACHING
 
Sec. 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 30 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) 1 member representing a national farm organization.
            (B) 1 member representing farm cooperatives.
            (C) 1 member actively engaged in the production of a food 
        animal commodity.
            (D) 1 member actively engaged in the production of a plant 
        commodity.
            (E) 1 member representing a national animal commodity 
        organization.
            (F) 1 member representing a national crop commodity 
        organization.
            (G) 1 member representing a national aquaculture 
        association.
            (H) 1 member representing a national food animal science 
        society.
            (I) 1 member representing a national crop, soil, agronomy, 
        horticulture, or weed science society.
            (J) 1 member representing a national food science 
        organization.
            (K) 1 member representing a national human health 
        association.
            (L) 1 member representing a national nutritional science 
        society.
            (M) 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.).
            (N) 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.
            (O) 1 member representing the 1994 Institutions (as defined 
        in section 532 of the Equity in Educational Land-Grant Status 
        Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note)).
            (P) 1 member representing Hispanic-serving institutions.
            (Q) 1 member representing the American Colleges of 
        Veterinary Medicine.
            (R) 1 member representing that portion of the scientific 
        community not closely associated with agriculture.
            (S) 1 member engaged in the transportation of food and 
        agricultural products to domestic and foreign markets.
            (T) 1 member representing food retailing and marketing 
        interests.
            (U) 1 member representing food and fiber processors.
            (V) 1 member actively engaged in rural economic development.
            (W) 1 member representing a national consumer interest 
        group.
            (X) 1 member representing a national forestry group.
            (Y) 1 member representing a national conservation or natural 
        resource group.
            (Z) 1 member representing private sector organizations 
        involved in international development.
            (AA) 1 member representing an agency within the Department 
        of Agriculture that lacks research capabilities.
            (BB) 1 member representing a research agency of the Federal 
        Government (other than the Department of Agriculture).
            (CC) 1 member representing a national social science 
        association.
            (DD) 1 member representing national organizations directly 
        concerned with agricultural research, education, and extension.

                       (4) Ex officio members

        The Secretary, the Under Secretary of Agriculture for Research, 
    Education, and Economics, the Administrator of the Agricultural 
    Research Service, the Administrator of the Cooperative State 
    Research, Education, and Extension Service, 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) review and provide consultation to the Secretary and land-
    grant colleges and universities on long-term and short-term national 
    policies and priorities, as set forth in section 3101 of this title, 
    relating to agricultural research, extension, education, and 
    economics;
        (2) evaluate the results and effectiveness of agricultural 
    research, extension, education, and economics with respect to the 
    policies and priorities;
        (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; and
        (4) review 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 the national research policies and 
        priorities set forth 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.

(d) Consultation

                    (1) Duties of Advisory Board

        In carrying out this section, the Advisory Board shall 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) Federal Advisory Committee Act

    The Advisory Board shall be deemed to have filed a charter for the 
purpose of section 9(c) of the Federal Advisory Committee Act (5 U.S.C. 
App.).

(g) Annual limitation on Advisory Board expenses

                         (1) Maximum amount

        Not more than $350,000 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, 
2002.

(Pub. L. 95-113, title XIV, Sec. 1408, Sept. 29, 1977, 91 Stat. 988; 
Pub. L. 97-98, title XIV, Sec. 1408, Dec. 22, 1981, 95 Stat. 1300; Pub. 
L. 99-198, title XIV, Sec. 1406, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 
101-624, title XVI, Sec. 1604(b), Nov. 28, 1990, 104 Stat. 3709; Pub. L. 
102-237, title IV, Sec. 402(2), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 
104-66, title I, Secs. 1011(t), 1012(f), Dec. 21, 1995, 109 Stat. 710, 
712; Pub. L. 104-127, title VIII, Sec. 802(a), Apr. 4, 1996, 110 Stat. 
1156; Pub. L. 105-185, title II, Sec. 222, June 23, 1998, 112 Stat. 
538.)

                       References in Text

    Act of July 2, 1862, referred to in subsec. (b)(3)(M), is act July 
2, 1862, ch. 130, 12 Stat. 503, as amended, popularly known as the First 
Morrill Act, which is classified generally to subchapter I (Sec. 301 et 
seq.) of chapter 13 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 301 of this 
title and Tables.
    Act of August 30, 1890, referred to in subsec. (b)(3)(N), is act 
Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the 
Agricultural College Act of 1890 and also as the Second Morrill Act, 
which is classified generally to subchapter II (Sec. 321 et seq.) of 
chapter 13 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 321 of this title and 
Tables.
    For definition of ``this chapter'', referred to in subsec. (d)(2), 
see note set out under section 3102 of this title.
    Section 9 of the Federal Advisory Committee Act, referred to in 
subsec. (f), is section 9 of Pub. L. 92-463, which is set out in the 
Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1998--Subsec. (b)(7). Pub. L. 105-185, Sec. 222(a), added par. (7).
    Subsec. (d). Pub. L. 105-185, Sec. 222(b), designated existing 
provisions as par. (1), inserted heading, and added par. (2).
    Subsecs. (g), (h). Pub. L. 105-185, Sec. 222(c), added subsec. (g) 
and redesignated former subsec. (g) as (h).
    1996--Pub. L. 104-127 amended section generally, substituting 
present provisions for provisions which established National 
Agricultural Research and Extension Users Advisory Board and provided 
for membership, chairperson and vice-chairperson, meetings, panels of 
the Board, responsibilities of the Board, reports by the Board, and a 
report by the Secretary of Agriculture on manner in which 
recommendations of Board had been incorporated into programs of 
Department of Agriculture.
    1995--Subsec. (g)(1). Pub. L. 104-66, Sec. 1012(f), inserted ``may 
provide'' before ``a written report'' in first sentence.
    Subsec. (g)(2), (3). Pub. L. 104-66, Sec. 1011(t), redesignated par. 
(3) as (2) and struck out former par. (2) which required Advisory Board 
to submit to the President and congressional committees a report 
containing appraisal by Board of President's proposed budget for food 
and agricultural sciences and recommendations of Secretary.
    1991--Subsec. (e). Pub. L. 102-237, Sec. 402(2)(A), substituted 
``Government'' for ``government''.
    Subsec. (g)(1). Pub. L. 102-237, Sec. 402(2)(B), substituted 
``federally'' for ``Federally''.
    1990--Pub. L. 101-624 amended section generally, substituting 
present provisions for provisions which established National 
Agricultural Research and Extension Users Advisory Board to expire on 
Sept. 30, 1990, authorized membership of Board at 25 representatives, 
provided for selection of chairman and vice-chairman, provided for 
meetings at least once during each three month period, authorized 
establishment of panels to assist Board in meeting its responsibilities, 
and outlined general and specific responsibilities of Board, including 
the submission of reports.
    1985--Subsec. (a). Pub. L. 99-198, Sec. 1406(a), substituted 
``1990'' for ``1985''.
    Subsec. (f)(2)(G). Pub. L. 99-198, Sec. 1406(b), added subpar. (G).
    1981--Subsec. (a). Pub. L. 97-98, Sec. 1408(a), substituted ``that 
expires September 30, 1985'' for ``of five years''.
    Subsec. (b). Pub. L. 97-98, Sec. 1408(b), in provision preceding 
par. (1) substituted ``twenty-five'' for ``twenty-one'' and inserted 
``to serve staggered terms'' and in par. (1) substituted ``eight'' for 
``four'' and ``agricultural, forestry, and aquacultural products, from 
various geographical regions'' for ``agricultural commodities, forest 
products, and aquacultural products''.
    Subsec. (f)(2)(E). Pub. L. 97-98, Sec. 1408(c)(1), substituted 
``July 1'' for ``October 1''.
    Subsec. (f)(2)(F). Pub. L. 97-98, Sec. 1408(c)(2), substituted 
``February 20 of'' for ``March 1 of''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 
of Pub. L. 97-98, set out as an Effective Date note under section 4301 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 344, 361g, 390b, 450i, 
2204f, 7601 of this title; title 16 section 1673.
