§ 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 30 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 that portion of the scientific community not closely associated with agriculture.

     (S) 1 member engaged in the transportation of food and agricultural products to domestic and foreign markets.

     (T) 1 member representing food retailing and marketing interests.

     (U) 1 member representing food and fiber processors.

     (V) 1 member actively engaged in rural economic development.

     (W) 1 member representing a national consumer interest group.

     (X) 1 member representing a national forestry group.

     (Y) 1 member representing a national conservation or natural resource group.

     (Z) 1 member representing private sector organizations involved in international development.

     (AA) 1 member representing an agency within the Department of Agriculture that lacks research capabilities.

     (BB) 1 member representing a research agency of the Federal Government (other than the Department of Agriculture).

     (CC) 1 member representing a national social science association.

     (DD) 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 and land-grant colleges and universities 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 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, 2002.

(Pub. L. 95–113, title XIV, § 1408, Sept. 29, 1977, 91 Stat. 988; Pub. L. 97–98, title XIV, § 1408, Dec. 22, 1981, 95 Stat. 1300; Pub. L. 99–198, title XIV, § 1406, Dec. 23, 1985, 99 Stat. 1545; Pub. L. 101–624, title XVI, § 1604(b), Nov. 28, 1990, 104 Stat. 3709; Pub. L. 102–237, title IV, § 402(2), Dec. 13, 1991, 105 Stat. 1863; Pub. L. 104–66, title I, §§ 1011(t), 1012(f), Dec. 21, 1995, 109 Stat. 710, 712; Pub. L. 104–127, title VIII, § 802(a), Apr. 4, 1996, 110 Stat. 1156; Pub. L. 105–185, title II, § 222, June 23, 1998, 112 Stat. 538.)

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 (§ 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 (§ 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.

     1998—Subsec. (b)(7). Pub. L. 105–185, § 222(a), added par. (7).

     Subsec. (d). Pub. L. 105–185, § 222(b), designated existing provisions as par. (1), inserted heading, and added par. (2).

     Subsecs. (g), (h). Pub. L. 105–185, § 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, § 1012(f), inserted "may provide" before "a written report" in first sentence.

     Subsec. (g)(2), (3). Pub. L. 104–66, § 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, § 402(2)(A), substituted "Government" for "government".

     Subsec. (g)(1). Pub. L. 102–237, § 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, § 1406(a), substituted "1990" for "1985".

     Subsec. (f)(2)(G). Pub. L. 99–198, § 1406(b), added subpar. (G).

     1981—Subsec. (a). Pub. L. 97–98, § 1408(a), substituted "that expires September 30, 1985" for "of five years".

     Subsec. (b). Pub. L. 97–98, § 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, § 1408(c)(1), substituted "July 1" for "October 1".

     Subsec. (f)(2)(F). Pub. L. 97–98, § 1408(c)(2), substituted "February 20 of" for "March 1 of".

     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.

     This section is referred to in sections 344, 361g, 390b, 450i, 2204f, 7601 of this title; title 16 section 1673.