
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: 7USC5903]

 
                          TITLE 7--AGRICULTURE
 
                          CHAPTER 88--RESEARCH
 
 SUBCHAPTER VI--ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
 
Sec. 5903. Board of directors, employees, and facilities


(a) In general

    The powers of the Corporation shall be vested in a Corporate Board.

(b) Members of Corporate Board

    The Corporate Board shall consist of 11 members as follows:
        (1) The Under Secretary of Agriculture for Rural Development.
        (2) The Under Secretary of Agriculture for Research, Education, 
    and Economics.
        (3) 5 members appointed by the Secretary, of whom--
            (A) at least 1 member shall be a representative of the 
        leading scientific disciplines relevant to the activities of the 
        Corporation;
            (B) at least 1 member shall be a producer or processor of 
        agricultural commodities;
            (C) at least 1 member shall be a person who is privately 
        engaged in the commercialization of new nonfood, nonfeed 
        products from agricultural commodities; and
            (D) at least 1 member shall have expertise in financial 
        management.

    A different member shall be appointed pursuant to each subparagraph 
    of this paragraph.
        (4) 2 members appointed by the Secretary who--
            (A) have expertise in areas of applied research relating to 
        the development or commercialization of new nonfood, nonfeed 
        products; and
            (B) shall be appointed from a group of at least 4 
        individuals nominated by the Director of the National Science 
        Foundation if the nominations are made not later than 60 days 
        after the date a vacancy occurs.

        (5) 2 members appointed by the Secretary who--
            (A) have expertise in financial and managerial matters; and
            (B) shall be appointed from a group of at least 4 
        individuals nominated by the Secretary of Commerce if the 
        nominations are made not later than 60 days after the date a 
        vacancy occurs.

(c) Responsibilities of Corporate Board

                           (1) In general

        The Corporate Board shall--
            (A) be responsible for the general supervision of the 
        Corporation and Regional Centers established under section 5907 
        of this title;
            (B) determine (in consultation with Regional Centers) high 
        priority commercialization areas to receive assistance under 
        section 5907 of this title;
            (C) review any grant, contract, or cooperative agreement to 
        be made or entered into by the Corporation under section 5904 of 
        this title and any financial assistance to be provided under 
        section 5905 of this title;
            (D) make the final decision, by majority vote, on whether 
        and how to provide assistance to an applicant; and
            (E) develop and establish a budget plan and a long-term 
        operating plan to carry out this subchapter.

                   (2) Authority of the Secretary

        (A) In general

            The Secretary shall vacate and remand to the Corporate Board 
        for reconsideration any decision made pursuant to paragraph 
        (1)(D) if the Secretary determines that there has been a 
        violation of subsection (j) of this section, or any conflict of 
        interest provisions of the bylaws of the Corporate Board, with 
        respect to the decision.

        (B) Reasons

            In the case of any violation and referral of a funding 
        decision to the Corporate Board, the Secretary shall inform the 
        Corporate Board of the reasons for any remand pursuant to 
        subparagraph (A).

(d) Chairperson

    The members of the Corporate Board shall select a Chairperson from 
among the members of the Corporate Board. The term of office of the 
Chairperson shall be 2 years. The members referred to in paragraphs (1) 
and (2) of subsection (b) of this section may not serve as Chairperson.

(e) Executive Director

                           (1) Appointment

        The Corporate Board shall appoint an Executive Director, subject 
    to the approval of the Secretary.

                             (2) Duties

        The Executive Director shall be the chief executive officer of 
    the Corporation, with such power and authority as may be conferred 
    by the Corporate Board.

                          (3) Compensation

        The Executive Director shall receive basic pay at the rate 
    provided for level IV of the Executive Schedule under section 5315 
    of title 5.

(f) Officers

    The Corporate Board shall establish the offices and appoint the 
officers of the Corporation, including a Secretary, and define the 
duties of the officers in a manner consistent with this subchapter.

(g) Meetings

    The Corporate Board shall meet at least 3 times each fiscal year at 
the call of the Chairperson or at the request of the Executive Director. 
The location of the meetings shall be subject to approval of the 
Executive Director. A quorum of the Corporate Board shall consist of a 
majority of the members. The decisions of the Corporate Board shall be 
made by majority vote.

(h) Term; vacancies

                           (1) In general

        The term of office of a member of the Corporate Board shall be 4 
    years, except that the members initially appointed shall be 
    appointed to serve staggered terms. A member appointed to fill a 
    vacancy for an unexpired term may be appointed only for the 
    remainder of the term. A vacancy on the Corporate Board shall be 
    filled in the same manner as the original appointment. The Secretary 
    may remove a member of the Corporate Board only for cause.

                       (2) Transition measure

        The Secretary may appoint to the Corporate Board an individual 
    who, on the day before April 4, 1996, was serving on the former 
    Alternative Agricultural Research and Commercialization Board, for a 
    term that does not exceed the term for which the individual was 
    appointed to the former Board.

(i) Compensation

    A member of the Corporate Board who is an officer or employee of the 
United States shall not receive any additional compensation by reason of 
service on the Corporate Board. Any other member shall receive, for each 
day (including travel time) the member is engaged in the performance of 
the functions of the Corporate Board, compensation at a rate not to 
exceed the daily equivalent of the annual rate in effect for Level IV of 
the Executive Schedule. A member of the Corporate Board shall be 
reimbursed for travel, subsistence, and other necessary expenses 
incurred by the member in the performance of the duties of the member.

(j) Conflict of interest; financial disclosure

                      (1) Conflict of interest

        Except as provided in paragraph (3), no member of the Corporate 
    Board shall vote on any matter respecting any application, contract, 
    claim, or other particular matter pending before the Corporation, in 
    which, to the knowledge of the member, the member, spouse, or child 
    of the member, partner, or organization in which the member is 
    serving as officer, director, trustee, partner, or employee, or any 
    person or organization with whom the member is negotiating or has 
    any arrangement concerning prospective employment, has a financial 
    interest.

                           (2) Violations

        Violation of paragraph (1) by a member of the Corporate Board 
    shall be cause for removal of the member, but shall not impair or 
    otherwise affect the validity of any otherwise lawful action by the 
    Corporation in which the member participated.

                           (3) Exceptions

        The prohibitions contained in paragraph (1) shall not apply if a 
    member of the Corporate Board advises the Corporate Board of the 
    nature of the particular matter in which the member proposes to 
    participate, and if the member makes a full disclosure of the 
    financial interest, prior to any participation, and the Corporate 
    Board determines, by majority vote, that the financial interest is 
    too remote or too inconsequential to affect the integrity of the 
    member's services to the Corporation in that matter. The member 
    involved shall not vote on the determination.

                      (4) Financial disclosure

        A Board member shall be subject to the financial disclosure 
    requirements set forth in subchapter B of chapter XVI of title 5, 
    Code of Federal Regulations (or any corresponding or similar 
    regulation or ruling), applicable to a special Government employee 
    (as defined in section 202(a) of title 18).

(k) Delegation of authority

                           (1) In general

        The Corporate Board may, by resolution, delegate to the 
    Chairperson, the Executive Director, or any other officer or 
    employee any function, power, or duty assigned to the Corporation 
    under this subchapter, other than a function, power, or duty 
    expressly vested in the Corporate Board by subsections (c) through 
    (n) of this section.

                    (2) Prohibition on delegation

        Notwithstanding any other law, the Secretary and any other 
    officer or employee of the United States shall not make any 
    delegation to the Corporate Board, the Chairperson, the Executive 
    Director, or the Corporation of any power, function, or authority 
    not expressly authorized by this subchapter, unless the delegation 
    is made pursuant to an authority in law that expressly makes 
    reference to this section.

                       (3) Reorganization act

        Notwithstanding any other law, the President (through 
    authorities provided under chapter 9 of title 5) may not authorize 
    the transfer to the Corporation of any power, function, or authority 
    in addition to powers, functions, and authorities provided by law.

(l) Bylaws

    Notwithstanding section 5902(f)(2) of this title, the Corporate 
Board shall adopt, and may from time to time amend, any bylaw that is 
necessary for the proper management and functioning of the Corporation. 
The Corporate Board shall not adopt any bylaw that has not been reviewed 
and approved by the Secretary.

(m) Organization

    The Corporate Board shall provide a system of organization to fix 
responsibility and promote efficiency.

(n) Personnel and facilities of Corporation

            (1) Appointment and compensation of personnel

        The Corporation may select and appoint officers, attorneys, 
    employees, and agents, who shall be vested with such powers and 
    duties as the Corporation may determine.

      (2) Use of facilities and services of the Department of 
                                 Agriculture

        Notwithstanding any other provision of law, to perform the 
    responsibilities of the Corporation under this subchapter, the 
    Corporation may partially or jointly utilize the facilities of and 
    the services of employees of the Department of Agriculture, without 
    cost to the Corporation.

                   (3) Government employment laws

        An officer or employee of the Corporation shall be subject to 
    all laws of the United States relating to governmental employment.

(Pub. L. 101-624, title XVI, Sec. 1659, Nov. 28, 1990, 104 Stat. 3759; 
Pub. L. 104-127, title VII, Sec. 723(a), Apr. 4, 1996, 110 Stat. 1115.)

                       References in Text

    The laws of the United States relating to governmental employment, 
referred to in subsec. (n)(3), are classified generally to Title 5, 
Government Organization and Employees.


                               Amendments

    1996--Pub. L. 104-127 amended section generally, substituting 
present provisions for provisions relating to Alternative Agricultural 
Research and Commercialization Board, including provisions relating to 
establishment, members, responsibilities, meetings, terms and vacancies, 
chairperson, committees, compensation, restrictions, and authority of 
Secretary.

                  Section Referred to in Other Sections

    This section is referred to in sections 5901, 5906 of this title.
