§ 3123. — National Agricultural Research, Extension, Education, and Economics Advisory Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 31 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 a non-land grant college or
university with a historic commitment to research in the food
and agricultural sciences.
(S) 1 member representing that portion of the scientific
community not closely associated with agriculture.
(T) 1 member engaged in the transportation of food and
agricultural products to domestic and foreign markets.
(U) 1 member representing food retailing and marketing
interests.
(V) 1 member representing food and fiber processors.
(W) 1 member actively engaged in rural economic development.
(X) 1 member representing a national consumer interest
group.
(Y) 1 member representing a national forestry group.
(Z) 1 member representing a national conservation or natural
resource group.
(AA) 1 member representing private sector organizations
involved in international development.
(BB) 1 member representing an agency within the Department
of Agriculture that lacks research capabilities.
(CC) 1 member representing a research agency of the Federal
Government (other than the Department of Agriculture).
(DD) 1 member representing a national social science
association.
(EE) 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, land-grant
colleges and universities, and the Committee on Agriculture of the
House of Representatives, the Committee on Agriculture, Nutrition,
and Forestry of the Senate, the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration and Related Agencies of
the Committee on Appropriations of the House of Representatives, and
the Subcommittee on Agriculture, Rural Development and Related
Agencies of the Committee on Appropriations of the Senate 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 consult
with any appropriate agencies of the Department of Agriculture and
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,
2007.
(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;
Pub. L. 107-171, title VII, Secs. 7133, 7209(a), May 13, 2002, 116 Stat.
435, 444.)
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
2002--Subsec. (b)(1). Pub. L. 107-171, Sec. 7209(a)(1), substituted
``31 members'' for ``30 members''.
Subsec. (b)(3)(R) to (EE). Pub. L. 107-171, Sec. 7209(a)(2), added
subpar. (R) and redesignated former subpars. (R) to (DD) as (S) to (EE),
respectively.
Subsec. (c)(1). Pub. L. 107-171, Sec. 7209(a)(3), substituted
``Secretary, land-grant colleges and universities, and the Committee on
Agriculture of the House of Representatives, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration and Related
Agencies of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Agriculture, Rural Development
and Related Agencies of the Committee on Appropriations of the Senate''
for ``Secretary and land-grant colleges and universities''.
Subsec. (d)(1). Pub. L. 107-171, Sec. 7209(a)(4), inserted ``consult
with any appropriate agencies of the Department of Agriculture and''
after ``The Advisory Board shall''.
Subsec. (h). Pub. L. 107-171, Sec. 7133, substituted ``2007'' for
``2002''.
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, 450i, 7601 of
this title; title 16 section 1673.
