§ 2279b. — Operation of Graduate School of Department of Agriculture as nonappropriated fund instrumentality.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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.\1\
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\1\ See References in Text note below.
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(i) Contract authority
The Graduate School may enter into contracts without regard to the
Federal Property and Administrative Services Act of 1949 \1\ 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.
(k) Audits of records
The financial records of the Graduate School (including records
relating to contracts or agreements entered into under subsection (c) of
this section) shall be made available to the Comptroller General for
purposes of conducting an audit.
(Pub. L. 104-127, title IX, Sec. 921, Apr. 4, 1996, 110 Stat. 1191; Pub.
L. 107-171, title X, Sec. 10705(a), May 13, 2002, 116 Stat. 518.)
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. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
Amendments
2002--Subsec. (k). Pub. L. 107-171 added subsec. (k).
Effective Date of 2002 Amendment
Pub. L. 107-171, title X, Sec. 10705(c), May 13, 2002, 116 Stat.
519, provided that: ``The amendments made by this section [amending this
section and repealing section 5922 of this title] take effect on October
1, 2002.''
