§ 5843. — Advisory council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC5843]
TITLE 7--AGRICULTURE
CHAPTER 88--RESEARCH
SUBCHAPTER II--NATIONAL GENETIC RESOURCES PROGRAM
Sec. 5843. Advisory council
(a) Establishment and membership
The Secretary shall establish an advisory council for the program
for the purpose of advising, assisting, consulting with, and making
recommendations to, the Secretary and Director concerning matters
related to the activities, policies and operations of the program. The
advisory council shall consist of ex officio members and not more than
nine members appointed by the Secretary.
(b) Ex officio members
The ex officio members of the advisory council shall consist of the
following persons (or their designees):
(1) The Director.
(2) The Assistant Secretary of Agriculture for Science and
Education.
(3) The Director of the National Agricultural Library.
(4) The Director of the National Institutes of Health.
(5) The Director of the National Science Foundation.
(6) The Secretary of Energy.
(7) The Director of the Office of Science and Technology Policy.
(8) Such additional officers and employees of the United States
as the Secretary determines are necessary for the advisory council
to effectively carry out its functions.
(c) Appointment of other members
The members of the advisory council who are not ex officio members
shall be appointed by the Secretary as follows:
(1) Two-thirds of the members shall be appointed from among the
leading representatives of the scientific disciplines relevant to
the activities of the program, including agricultural sciences,
environmental sciences, natural resource sciences, health sciences,
and nutritional sciences.
(2) One-third of the members shall be appointed from the general
public and shall include leaders in fields of public policy, trade,
international development, law, or management.
(d) Compensation
Members of the advisory council shall serve without compensation, if
not otherwise officers or employees of the United States, except that
they shall, while away from their homes or regular places of business in
the performance of services for the advisory council, be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service are allowed
expenses under sections 5701 through 5707 of title 5.
(e) Term of office of appointees; vacancies
(1) Term
The term of office of a member appointed under subsection (c) of
this section is four years, except that any member appointed to fill
a vacancy occurring before the expiration of the term for which the
predecessor of such member was appointed shall be appointed only for
the remainder of such term.
(2) Initial appointment
The Secretary shall make appointments to the advisory council so
as to ensure that the terms of the members appointed under
subsection (c) of this section do not all expire in the same year. A
member may serve after the expiration of the member's term until a
successor takes office.
(3) Reappointment
A member who is appointed for a term of four years may not be
reappointed to the advisory council before two years after the date
of expiration of such term of office.
(4) Vacancies
If a vacancy occurs in the advisory council among the members
appointed under subsection (c) of this section, the Secretary shall
make an appointment to fill such vacancy within 90 days after the
date such vacancy occurs.
(f) Chair
The Secretary shall select as the chair of the advisory council one
of the members appointed under subsection (c) of this section. The term
of office of the chair shall be two years.
(g) Meetings
The advisory council shall meet at the call of the chair or on the
request of the Director, but at least two times each fiscal year. The
location of the meetings of the advisory council shall be subject to the
approval of the Director.
(h) Staff
The Director shall make available to the advisory council such
staff, information, and other assistance as it may require to carry out
its functions.
(i) Orientation and training
The Director shall provide such orientation and training for new
members of the advisory council as may be appropriate for their
effective participation in the functions of the advisory council.
(j) Comments and recommendations
The advisory council may prepare, for inclusion in a report
submitted under section 5842 of this title--
(1) comments respecting the activities of the advisory council
during the period covered by the report;
(2) comments on the progress of the program in meeting its
objectives; and
(3) recommendations respecting the future directions, program,
and policy emphasis of the program.
(k) Reports
The advisory council may prepare such reports as the advisory
council determines to be appropriate.
(l) Application of Advisory Committee Act
Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.)
relating to the termination of an advisory committee shall not apply to
the advisory council established under this section.
(Pub. L. 101-624, title XVI, Sec. 1634, Nov. 28, 1990, 104 Stat. 3745;
Pub. L. 102-237, title IV, Sec. 407(5), Dec. 13, 1991, 105 Stat. 1864.)
References in Text
Section 14(a) of the Federal Advisory Committee Act, referred to in
subsec. (l), is section 14(a) of Pub. L. 92-463, which is set out in the
Appendix to Title 5, Government Organization and Employees.
Amendments
1991--Subsec. (l). Pub. L. 102-237 substituted ``council
established'' for ``committee established''.
