Directs the Secretary of Agriculture (USDA) to establish the Foundation for Food and Agriculture Research to: (1) advance USDA's research mission by supporting agricultural research focused on addressing key problems of national and international significance; and (2) foster collaboration with agricultural researchers from the federal government, institutions of higher education, industry, and nonprofit organizations.
Directs the Foundation to: (1) award grants to, or enter into contracts or cooperative agreements with, scientists and entities to advance Foundation goals; (2) identify and coordinate existing and proposed federal research and development programs relating to Foundation purposes; (3) identify unmet and emerging agricultural research needs; (4) facilitate technology transfer and information release to the agricultural research community; and (5) promote the development of the next generation of agricultural research scientists.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2274 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2274
To require the Secretary of Agriculture to establish a nonprofit
corporation to be known as the Foundation for Food and Agriculture
Research.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2012
Mr. Roberts (for himself, Ms. Stabenow, and Mr. Conrad) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to establish a nonprofit
corporation to be known as the Foundation for Food and Agriculture
Research.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (e).
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Foundation.--The term ``Foundation'' means the
Foundation for Food and Agriculture Research established under
subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Establishment.--
(1) In general.--The Secretary shall establish a nonprofit
corporation to be known as the ``Foundation for Food and
Agriculture Research''.
(2) Status.--
(A) Tax-exempt status.--The Foundation shall be
considered to be an entity described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(B) Limitation.--The Foundation shall not be an
agency or instrumentality of the United States
Government.
(c) Purposes.--The purposes of the Foundation shall be--
(1) to advance the research mission of the Department by
supporting agricultural research activities focused on
addressing key problems of national and international
significance including--
(A) plant health, production, and plant products;
(B) animal health, production, and products;
(C) food safety, nutrition, and health;
(D) renewable energy, natural resources, and the
environment;
(E) agricultural and food security;
(F) agriculture systems and technology; and
(G) agriculture economies and rural communities;
and
(2) to foster collaboration with agricultural researchers
from the Federal Government, institutions of higher education,
industry, and nonprofit organizations.
(d) Duties.--
(1) In general.--The Foundation shall--
(A) award grants to, or enter into contracts,
memoranda of understanding, or cooperative agreements
with, scientists and entities, which may include
agricultural research agencies in the Department,
university consortia, public-private partnerships,
institutions of higher education, nonprofit
organizations, and industry, to efficiently and
effectively advance the goals and priorities of the
Foundation;
(B) in consultation with the Secretary--
(i) identify existing and proposed Federal
intramural and extramural research and
development programs relating to the purposes
of the Foundation described in subsection (c);
and
(ii) coordinate Foundation activities with
those programs so as to minimize duplication of
existing efforts;
(C) identify unmet and emerging agricultural
research needs after reviewing the Roadmap for
Agricultural Research, Education and Extension as
required by section 7504 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 7614a);
(D) facilitate technology transfer and release of
information and data gathered from the activities of
the Foundation to the agricultural research community;
(E) promote and encourage the development of the
next generation of agricultural research scientists;
and
(F) carry out such other activities as the Board
determines to be consistent with the purposes of the
Foundation.
(2) Authority.--The Foundation shall be the sole entity
responsible for carrying out the activities described in this
subsection.
(3) Relationship to other activities.--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.
(e) Board of Directors.--
(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of
appointed and ex-officio, nonvoting members.
(B) Ex-officio members.--The ex-officio members of
the Board shall be the following individuals or
designees:
(i) The Secretary.
(ii) The Under Secretary of Agriculture for
Research, Education, and Economics.
(iii) The Administrator of the Agricultural
Research Service.
(iv) The Director of the National Institute
of Food and Agriculture.
(v) The Director of the National Science
Foundation.
(C) Appointed members.--
(i) In general.--The ex-officio members of
the Board under subparagraph (B) shall, by
majority vote, appoint to the Board 15
individuals, of whom--
(I) 8 shall be selected from a list
of candidates to be provided by the
National Academy of Sciences; and
(II) 7 shall be selected from lists
of candidates provided by industry.
(ii) Requirements.--
(I) Expertise.--The ex-officio
members shall ensure that a majority of
the members of the Board have actual
experience in agricultural research
and, to the extent practicable,
represent diverse sectors of
agriculture.
(II) Limitation.--No employee of
the Federal Government may serve as an
appointed member of the Board under
this subparagraph.
(III) Not federal employment.--
Appointment to the Board under this
subparagraph shall not constitute
Federal employment.
(iii) Authority.--All appointed members of
the Board shall be voting members.
(D) Chair.--The Board shall, from among the members
of the Board, designate an individual to serve as Chair
of the Board.
(3) Initial meeting.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall convene a meeting
of the ex-officio members of the Board--
(A) to incorporate the Foundation; and
(B) to appoint the members of the Board in
accordance with paragraph (2)(C)(i).
(4) Duties.--
(A) In general.--The Board shall--
(i) establish bylaws for the Foundation
that, at a minimum, include--
(I) policies for the selection of
future Board members, officers,
employees, agents, and contractors of
the Foundation;
(II) policies, including ethical
standards, for--
(aa) the acceptance,
solicitation, and disposition
of donations and grants to the
Foundation; and
(bb) the disposition of
assets of the Foundation,
including appropriate limits on
the ability of donors to
designate, by stipulation or
restriction, the use or
recipient of donated funds;
(III) policies that would subject
all employees, fellows, trainees, and
other agents of the Foundation
(including members of the Board) to the
conflict of interest standards under
section 208 of title 18, United States
Code;
(IV) policies for writing, editing,
printing, publishing, and vending of
books and other materials;
(V) policies for the conduct of the
general operations of the Foundation,
including a cap on administrative
expenses for recipients of a grant,
contract, or cooperative agreement from
the Foundation; and
(VI) specific duties for the
Executive Director;
(ii) prioritize and provide overall
direction for the activities of the Foundation;
(iii) evaluate the performance of the
Executive Director; and
(iv) carry out any other necessary
activities regarding the Foundation.
(B) Establishment of bylaws.--In establishing
bylaws under subparagraph (A)(i), the Board shall
ensure that the bylaws do not--
(i) reflect unfavorably on the ability of
the Foundation to carry out the duties of the
Foundation in a fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed by
or involved in a governmental agency or
program.
(5) Terms and vacancies.--
(A) Terms.--
(i) In general.--The term of each member of
the Board appointed under paragraph (2)(C)
shall be 5 years.
(ii) Partial terms.--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.
(iii) Transition.--A member of the Board
may continue to serve after the expiration of
the term of the member until a successor is
appointed.
(B) Vacancies.--Any vacancy in the membership of
the Board shall be filled in the manner in which the
original position was made and shall not affect the
power of the remaining members to execute the duties of
the Board.
(6) Compensation.--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.
(7) Meetings and quorum.--A majority of the members of the
Board shall constitute a quorum for purposes of conducting
business of the Board.
(f) Administration.--
(1) Executive director.--
(A) In general.--The Board shall hire an Executive
Director who shall carry out such duties and
responsibilities as the Board may prescribe.
(B) Service.--The Executive Director shall serve at
the pleasure of the Board.
(2) Administrative powers.--
(A) In general.--In carrying out this section, the
Board, acting through the Executive Director, may--
(i) adopt, alter, and use a corporate seal,
which shall be judicially noticed;
(ii) hire, promote, compensate, and
discharge 1 or more officers, employees, and
agents, as may be necessary, and define the
duties of the officers, employees, and agents;
(iii) solicit and accept any funds, gifts,
grants, devises, or bequests of real or
personal property made to the Foundation,
including such support from private entities;
(iv) prescribe the manner in which--
(I) real or personal property of
the Foundation is acquired, held, and
transferred;
(II) general operations of the
Foundation are to be conducted; and
(III) the privileges granted to the
Board by law are exercised and enjoyed;
(v) with the consent of the applicable
executive department or independent agency, use
the information, services, and facilities of
the department or agency in carrying out this
section;
(vi) enter into contracts with public and
private organizations for the writing, editing,
printing, and publishing of books and other
material;
(vii) hold, administer, invest, and spend
any gift, devise, or bequest of real or
personal property made to the Foundation;
(viii) enter into such contracts, leases,
cooperative agreements, and other transactions
as the Board considers appropriate to conduct
the activities of the Foundation;
(ix) modify or consent to the modification
of any contract or agreement to which the
Foundation is a party or in which the
Foundation has an interest;
(x) take such action as may be necessary to
obtain patents and licenses for devices and
procedures developed by the Foundation and
employees of the Foundation;
(xi) sue and be sued in the corporate name
of the Foundation, and complain and defend in
courts of competent jurisdiction;
(xii) appoint other groups of advisors as
may be determined necessary to carry out the
functions of the Foundation; and
(xiii) exercise such other incidental
powers as are necessary to carry out the duties
and functions of the Foundation in accordance
with this section.
(B) Limitation.--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.
(3) Records.--
(A) Audits.--The Foundation shall--
(i) provide for annual audits of the
financial condition of the Foundation; and
(ii) make the audits, and all other
records, documents, and other papers of the
Foundation, available to the Secretary and the
Comptroller General of the United States for
examination or audit.
(B) Reports.--
(i) Annual report on foundation.--
(I) In general.--Not later than 5
months following the end of each fiscal
year, the Foundation shall publish a
report for the preceding fiscal year
that includes--
(aa) a description of
Foundation activities,
including accomplishments; and
(bb) a comprehensive
statement of the operations and
financial condition of the
Foundation.
(II) Financial condition.--Each
report under subclause (I) shall
include a description of all gifts or
grants to the Foundation of real or
personal property or money, which shall
include--
(aa) the source of the
gifts or grants; and
(bb) any restrictions on
the purposes for which the gift
or grant may be used.
(III) Availability.--The Foundation
shall--
(aa) make copies of each
report submitted under
subclause (I) available for
public inspection; and
(bb) on request, provide a
copy of the report to any
individual.
(IV) Public meeting.--The Board
shall hold an annual public meeting to
summarize the activities of the
Foundation.
(ii) Grant reporting.--Any recipient of a
grant under subsection (d)(1)(A) shall provide
the Foundation with a report at the conclusion
of any research or studies conducted the
describes the results of the research or
studies, including any data generated.
(4) Integrity.--
(A) In general.--To ensure integrity in the
operations of the Foundation, the Board shall develop
and enforce procedures relating to standards of
conduct, financial disclosure statements, conflict of
interest (including recusal and waiver rules), audits,
and any other matters determined appropriate by the
Board.
(B) Financial conflicts of interest.--Any
individual who is an officer, employee, or member of
the Board is prohibited from any participation in
deliberations by the Foundation of a matter that would
directly or predictably affect any financial interest
of--
(i) the individual;
(ii) a relative (as defined in section 109
of the Ethics in Government Act of 1978 (5
U.S.C. App.)) of that individual; or
(iii) a business organization or other
entity in which the individual has an interest,
including an organization or other entity with
which the individual is negotiating employment.
(5) Intellectual property.--The Board shall adopt written
standards to govern ownership of any intellectual property
rights derived from the collaborative efforts of the
Foundation.
(6) Liability.--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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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