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7 U.S.C. § 5939 — Foundation for Food and Agriculture Re-

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7 U.S.C. § 5939 — Foundation for Food and Agriculture Re-

§ 5939. Foundation for Food and Agriculture Re- search (a) Definitions In this section: (1) Board The term ‘‘Board’’ means the Board of Direc- tors described in subsection (e). (2) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (3) Foundation The term ‘‘Foundation’’ means the Founda- tion for Food and Agriculture Research estab- lished under subsection (b). (4) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. Page 1818 TITLE 7—AGRICULTURE § 5939 1 So in original. Probably should be followed by a period. (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 The Foundation shall not be an agency or in- strumentality of the United States Govern- ment. (c) Purposes The purposes of the Foundation shall be— (1) to advance the research mission of the Department by supporting agricultural re- search activities focused on addressing key problems of national and international signifi- cance including— (A) plant health, production, and plant products; (B) animal health, production, and prod- ucts; (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 economics and rural com- munities; and (2) to foster collaboration with agricultural researchers from the Federal Government, State (as defined in section 3103 of this title) governments, institutions of higher education (as defined in section 1001 of title 20), industry, and nonprofit organizations. (d) Duties (1) In general The Foundation shall— (A) award grants to, or enter into con- tracts, m

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Page 1817 TITLE 7—AGRICULTURE § 5939 (g) State defined In this section, the term ‘‘State’’ means— (1) a State; (2) the District of Columbia; (3) the Commonwealth of Puerto Rico; and (4) any other territory or possession of the United States. (Pub. L. 116–260, div. N, title VII, § 766, Dec. 27, 2020, 134 Stat. 2118.) Editorial Notes CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2021, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 116–260, div. N, title VII, § 760, Dec. 27, 2020, 134 Stat. 2109, provided that: ‘‘In this chapter [chapter 2 (§§ 760–766) of subtitle B of title VII of div. N of Pub. L. 116–260, enacting this section and sections 217b and 9071a of this title and section 473 of Title 21, Food and Drugs, and enacting provisions set out as a note under section 9056 of this title]: ‘‘(1) The term ‘COVID–19’ means the disease caused by SARS–CoV–2, or any viral strain mutating there- from with pandemic potential. ‘‘(2) The term ‘COVID–19 public health emergency’ means the public health emergency declared by the Secretary of Health and Human Services under sec- tion 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19 (or any renewal of that declaration). ‘‘(3) The term ‘Secretary’ means the Secretary of Agriculture.’’ § 5937. Natural products research program (a) In general The Secretary shall establish within the De- partment a natural products research program. (b) Duties In carrying out the program established under subsection (a), the Secretary shall coordinate research relating to natural products, includ- ing— (1) research to improve human health and agricultural productivity through the dis- covery, development, and commercialization of products and agrichemicals from bioactive natural products, including products from plant, marine, and microbial sources; (2) research to characterize the botanical sources, production, chemistry, and biological properties of plant-derived natural products; and (3) other research priorities identified by the Secretary. (c) Peer and merit review The Secretary shall— (1) determine the relevance and merit of re- search under this section through a system of peer review established by the Secretary pur- suant to section 7613 of this title; and (2) approve funding for research on the basis of merit, quality, and relevance to advancing the purposes of this section. (d) Buildings and facilities Funds made available under this section shall not be used for the construction of a new build- ing or facility or the acquisition, expansion, re- modeling, or alteration of an existing building or facility (including site grading and improve- ment and architect fees). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2023. (Pub. L. 110–234, title VII, § 7525, May 22, 2008, 122 Stat. 1273; Pub. L. 110–246, § 4(a), title VII, § 7525, June 18, 2008, 122 Stat. 1664, 2035; Pub. L. 113–79, title VII, § 7515, Feb. 7, 2014, 128 Stat. 903; Pub. L. 115–334, title VII, § 7413, Dec. 20, 2018, 132 Stat. 4819.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (e). Pub. L. 113–79 amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out this section such sums as are necessary for each of fis- cal years 2008 through 2012.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. § 5938. Repealed. Pub. L. 113–79, title VII, § 7518, Feb. 7, 2014, 128 Stat. 904 Section, Pub. L. 110–234, title VII, § 7529, May 22, 2008, 122 Stat. 1278; Pub. L. 110–246, § 4(a), title VII, § 7529, June 18, 2008, 122 Stat. 1664, 2040, related to agricultural and rural transportation research and education. § 5939. Foundation for Food and Agriculture Re- search (a) Definitions In this section: (1) Board The term ‘‘Board’’ means the Board of Direc- tors described in subsection (e). (2) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (3) Foundation The term ‘‘Foundation’’ means the Founda- tion for Food and Agriculture Research estab- lished under subsection (b). (4) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. Page 1818 TITLE 7—AGRICULTURE § 5939 1 So in original. Probably should be followed by a period. (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 The Foundation shall not be an agency or in- strumentality of the United States Govern- ment. (c) Purposes The purposes of the Foundation shall be— (1) to advance the research mission of the Department by supporting agricultural re- search activities focused on addressing key problems of national and international signifi- cance including— (A) plant health, production, and plant products; (B) animal health, production, and prod- ucts; (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 economics and rural com- munities; and (2) to foster collaboration with agricultural researchers from the Federal Government, State (as defined in section 3103 of this title) governments, institutions of higher education (as defined in section 1001 of title 20), industry, and nonprofit organizations. (d) Duties (1) In general The Foundation shall— (A) award grants to, or enter into con- tracts, memoranda of understanding, or co- operative agreements with, scientists and entities, which may include agricultural re- search agencies in the Department, univer- sity consortia, public-private partnerships, institutions of higher education, nonprofit organizations, and industry, to efficiently and effectively advance the goals and prior- ities 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 pur- poses of the Foundation described in sub- section (c); and (ii) coordinate Foundation activities with those programs so as to minimize du- plication of existing efforts and to avoid conflicts, specifically at the Department of Agriculture; and (iii) document the consultation process and include a summary of the results in the annual report required in subsection (f)(3)(B) 1 (C) identify unmet and emerging agricul- tural research needs after reviewing the roadmap for agricultural research, edu- cation, and extension authorized by section 7614a of this title; (D) facilitate technology transfer and re- lease of information and data gathered from the activities of the Foundation to the agri- cultural research community and agri- culture stakeholders; (E) promote and encourage the develop- ment 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) 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 of such individuals: (i) The Secretary. (ii) The Under Secretary of Agriculture for Research, Education, and Economics. (iii) The Administrator of the Agricul- tural Research Service. (iv) The Director of the National Insti- tute 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 (as specified in subparagraph (B)) shall, by majority vote, appoint to the Board 15 in- dividuals, of whom— (I) 8 shall be selected from a list of candidates to be provided by the Na- tional 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 appointed mem- bers of the Board have actual experience in agriculture or agricultural research and, to the extent practicable, represent diverse sectors of agriculture. (II) Limitation No employee of the Federal Govern- ment 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 Fed- eral employment. Page 1819 TITLE 7—AGRICULTURE § 5939 (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 February 7, 2014, 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 Founda- tion; (II) policies, including ethical stand- ards, 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 lim- its on the ability of donors to des- ignate, by stipulation or restriction, the use or recipient of donated funds; (III) policies that would subject all em- ployees, fellows, trainees, and other agents of the Foundation (including members of the Board) to conflict of in- terest standards in the same manner as Federal employees are subject to the conflict of interest standards under sec- tion 208 of title 18; (IV) policies for writing, editing, print- ing, publishing, and vending of books and other materials; (V) policies for the conduct of the gen- eral operations of the Foundation, in- cluding a cap on administrative expenses for recipients of a grant, contract, or co- operative agreement from the Founda- tion; and (VI) specific duties for the Executive Director; (ii) prioritize and provide overall direc- tion for the activities of the Foundation; (iii) evaluate the performance of the Ex- ecutive Director; (iv) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including from private entities; and (v) carry out any other necessary activi- ties regarding the Foundation. (B) Establishment of bylaws In establishing bylaws under subparagraph (A)(i), the Board shall ensure that the by- laws 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 com- promise, the integrity of any govern- mental 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, except that of the members initially appointed, 8 of the members shall each be appointed for a term of 3 years and 7 of the members shall each be appointed for a term of 2 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 result- ing vacancy shall be appointed for the re- mainder 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 After the initial appointment of the mem- bers of the Board under paragraph (2)(C), any vacancy in the membership of the Board shall be filled as provided in the bylaws es- tablished under paragraph (4)(A)(i). (6) Compensation Members of the Board may not receive com- pensation 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 con- ducting the 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 respon- sibilities 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 dis- charge 1 or more officers, employees, and agents, as may be necessary, and define Page 1820 TITLE 7—AGRICULTURE § 5939 the duties of the officers, employees, and agents; (iii) solicit and accept funds, gifts, grants, devises, or bequests of real or per- sonal property made to the Foundation, including such support from private enti- ties; (iv) prescribe the manner in which— (I) real or personal property of the Foundation is acquired, held, and trans- ferred; (II) general operations of the Founda- tion 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 ex- ecutive department or independent agen- cy, use the information, services, and fa- cilities of the department or agency in car- rying out this section on a reimbursable basis; (vi) enter into contracts with public and private organizations for the writing, edit- ing, printing, and publishing of books and other material; (vii) hold, administer, invest, and spend any funds, gifts, grant, devise, or bequest of real or personal property made to the Foundation; (viii) enter into such contracts, leases, cooperative agreements, and other trans- actions as the Board considers appropriate to conduct the activities of the Founda- tion; (ix) modify or consent to the modifica- tion 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 and maintain patents for and to license inventions (as defined in section 201 of title 35) developed by the Founda- tion, employees of the Foundation, or de- rived from the collaborative efforts 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 pow- ers as are necessary to carry out the duties and functions of the Foundation in accord- ance with this section. (B) Limitation No appointed member of the Board or offi- cer 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 finan- cial 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 and post online a report for the preceding fiscal year that includes— (aa) a description of Foundation ac- tivities, including accomplishments and how those activities align to the challenges identified in the strategic plan under clause (iv); (bb) a comprehensive statement of the operations and financial condition of the Foundation; and (cc) a description of available agri- cultural research programs and prior- ities for the upcoming fiscal year. (II) Financial condition Each report under subclause (I) shall include a description of all gifts, grants, devises, or bequests to the Foundation of real or personal property or money, which shall include— (aa) the source of the gifts, grants, devises, or bequests; and (bb) any restrictions on the purposes for which the gift, grant, devise, or be- quest may be used. (III) Availability The Foundation shall— (aa) make copies of each report sub- mitted 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 sub- section (d)(1)(A) shall provide the Founda- tion with a report at the conclusion of any research or studies conducted that de- scribes the results of the research or stud- ies, including any data generated. (iii) Stakeholder notice The Foundation shall publish an annual notice with a description of agricultural research priorities under this section for the upcoming fiscal year, including— (I) a schedule for funding competitions; (II) a discussion of how applications for funding will be evaluated; and (III) how the Foundation will commu- nicate information about funded awards to the public to ensure that grantees and partners understand the objectives of the Foundation. (iv) Strategic plan Not later than 1 year after December 20, 2018, the Foundation shall submit to the Page 1821 TITLE 7—AGRICULTURE § 5939 Committee on Agriculture of the House of Representatives and the Committee on Ag- riculture, Nutrition, and Forestry of the Senate a strategic plan describing a path for the Foundation to become self-sus- taining, including— (I) a forecast of major agricultural challenge opportunities identified by the scientific advisory councils of the Foun- dation and approved by the Board, in- cluding short- and long-term objectives; (II) an overview of the efforts that the Foundation will take to be transparent in each of the processes of the Founda- tion, including— (aa) processes relating to grant awards, including the selection, re- view, and notification processes; (bb) communication of past, current, and future research priorities; and (cc) plans to solicit and respond to public input on the opportunities iden- tified in the strategic plan; (III) a description of financial goals and benchmarks for the next 10 years, in- cluding a detailed plan for— (aa) raising funds in amounts greater than the amounts required under sub- section (g)(1)(B); (bb) soliciting additional resources pursuant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii); and (cc) managing and leveraging such resources pursuant to subsection (f)(2)(A)(vii); and (IV) other related issues, as deter- mined by the Board. (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, conflicts 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, em- ployee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would di- rectly or predictably affect any financial in- terest of— (i) the individual; (ii) a relative (as defined in section 13101 of title 5) of that individual; or (iii) a business organization or other en- tity in which the individual has an inter- est, including an organization or other en- tity with which the individual is negoti- ating employment. (5) Intellectual property The Board shall adopt written standards to govern the ownership and licensing of any in- tellectual 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 Foun- dation nor shall the full faith and credit of the United States extend to any obligations of the Foundation. (g) Funds (1) Funding (A) In general (i) Establishment funding On February 7, 2014, of the funds of the Commodity Credit Corporation, the Sec- retary shall transfer to the Foundation to carry out this section $200,000,000, to re- main available until expended under the conditions described in subparagraph (B). (ii) Enhanced funding On the date on which the strategic plan described in subsection (f)(3)(B)(iv) is sub- mitted, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $185,000,000, to remain avail- able until expended. (iii) Additional funding Not later than 30 days after November 17, 2023, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $37,000,000, to remain available until expended. (B) Conditions on expenditure (i) In general The Foundation may use the funds made available under subparagraph (A) to carry out the purposes, duties, and powers of the Foundation only to the extent that the Foundation secures an equal amount of matching funds from a non-Federal source, including an agricultural commodity pro- motion, research, and information pro- gram. (ii) Effect Nothing in this section requires the Foundation to require a matching con- tribution from an individual grantee as a condition of receiving a grant under this section. (C) Prohibition on construction None of the funds made available under subparagraph (A) may be used for construc- tion. (2) Separation of funds The Executive Director shall ensure that any funds received under paragraph (1) are held in separate accounts from funds received from nongovernmental entities as described in subsection (f)(2)(A)(iii). (Pub. L. 113–79, title VII, § 7601, Feb. 7, 2014, 128 Stat. 904; Pub. L. 115–334, title VII, § 7603, Dec. 20, 2018, 132 Stat. 4826; Pub. L. 117–286, § 4(c)(18), Dec. 27, 2022, 136 Stat. 4356; Pub. L. 118–22, div. B, title I, § 102(d)(5)(C), Nov. 17, 2023, 137 Stat. 117.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of subtitle H of title XVI of the Page 1822 TITLE 7—AGRICULTURE § 5940 Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. AMENDMENTS 2023—Subsec. (g)(1)(A)(iii). Pub. L. 118–22 added cl. (iii). 2022—Subsec. (f)(4)(B)(ii). Pub. L. 117–286 substituted ‘‘section 13101 of title 5)’’ for ‘‘section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))’’. 2018—Subsec. (d)(1)(B)(ii). Pub. L. 115–334, § 7603(1)(A)(i), substituted ‘‘conflicts, specifically at the Department of Agriculture; and’’ for ‘‘conflicts;’’. Subsec. (d)(1)(B)(iii). Pub. L. 115–334, § 7603(1)(A)(ii), added cl. (iii). Subsec. (d)(1)(D). Pub. L. 115–334, § 7603(1)(B), inserted ‘‘and agriculture stakeholders’’ after ‘‘community’’. Subsec. (e)(2)(C)(ii)(I). Pub. L. 115–334, § 7603(2)(A), in- serted ‘‘agriculture or’’ before ‘‘agricultural research’’. Subsec. (e)(4)(A)(iv), (v). Pub. L. 115–334, § 7603(2)(B), added cl. (iv) and redesignated former cl. (iv) as (v). Subsec. (f)(2)(A)(iii). Pub. L. 115–334, § 7603(3)(A), struck out ‘‘any’’ before ‘‘funds,’’. Subsec. (f)(3)(B)(i)(I). Pub. L. 115–334, § 7603(3)(B)(i)(I), inserted ‘‘and post online’’ before ‘‘a report’’ in intro- ductory provisions. Subsec. (f)(3)(B)(i)(I)(aa). Pub. L. 115–334, § 7603(3)(B)(i)(II), substituted ‘‘accomplishments and how those activities align to the challenges identified in the strategic plan under clause (iv);’’ for ‘‘accom- plishments; and’’. Subsec. (f)(3)(B)(i)(I)(cc). Pub. L. 115–334, § 7603(3)(B)(i)(III), (IV), added item (cc). Subsec. (f)(3)(B)(iii), (iv). Pub. L. 115–334, § 7603(3)(B)(ii), added cls. (iii) and (iv). Subsec. (g)(1). Pub. L. 115–334, § 7603(4)(A), substituted ‘‘Funding’’ for ‘‘Mandatory funding’’ in heading. Subsec. (g)(1)(A). Pub. L. 115–334, § 7603(4)(B), des- ignated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (g)(1)(B). Pub. L. 115–334, § 7603(4)(C), des- ignated existing provisions as cl. (i), inserted heading, substituted ‘‘purposes, duties, and powers’’ for ‘‘pur- poses’’ and ‘‘matching funds from a non-Federal source, including an agricultural commodity promotion, re- search, and information program’’ for ‘‘non-Federal matching funds for each expenditure’’, and added cl. (ii). § 5940. Repealed. Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829; Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230. Section, Pub. L. 113–79, title VII, § 7606, Feb. 7, 2014, 128 Stat. 912; Pub. L. 114–95, title IX, § 9215(f), Dec. 10, 2015, 129 Stat. 2166; Pub. L. 115–334, title VII, § 7605(a), Dec. 20, 2018, 132 Stat. 4828, related to legitimacy of in- dustrial hemp research. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829, as amended by Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230, provided that: ‘‘Effective on January 1, 2022, section 7606 of the Agri- cultural Act of 2014 (7 U.S.C. 5940) is repealed.’’ § 5941. Purchase of cultures for soil and fertilizer investigations The Secretary of Agriculture may purchase from applicable appropriations cultures in the open market for use in connection with soil and fertilizer investigations. (Sept. 21, 1944, ch. 412, title I, § 104, 58 Stat. 735.) Editorial Notes CODIFICATION Section was formerly classified to section 432 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Ag- riculture Organic Act of 1944, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. § 5942. Wheat and feed grains research; regional and national research programs; utilization of services of Federal, State and private agencies; authorization of appropriations In order to reduce fertilizer and herbicide usage in excess of production needs, to develop wheat and feed grain varieties more susceptible to complete fertilizer utilization, and to im- prove the resistance of wheat and feed grain plants to disease and to enhance their conserva- tion and environmental qualities, the Secretary of Agriculture is authorized and directed to carry out regional and national research pro- grams. In carrying out such research, the Secretary shall utilize the technical and related services of the appropriate Federal, State, and private agencies. There is authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this section, but not more than $1,000,000 in any fiscal year. (Pub. L. 91–524, title VIII, § 810, as added Pub. L. 93–86, § 1(27)(B), Aug. 10, 1973, 87 Stat. 238.) Editorial Notes CODIFICATION Section was formerly classified to section 428b of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Agricultural Act of 1970, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. § 5943. Rice research (a) Regional and national research programs; rules; purposes The Secretary of Agriculture may, under rules prescribed by such Secretary, carry out regional and national research programs with regard to rice for the following purposes: (1) to reduce fertilizer and herbicide usage in excess of production needs; (2) to develop varieties of rice more suscep- tible to complete fertilizer utilization; (3) to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities; (4) to increase the usage of rice and its proc- essing byproducts; (5) to develop better husbandry practices in production and conservation of rice; (6) to develop more efficient rice storage practices; (7) to improve domestic and international marketing of rice; and (8) to benefit the general welfare.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. **(b) Public Health Emergency Fund** (1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

§ 247d. Public health emergencies (a) Emergencies If the Secretary determines, after consulta- tion with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including sig- nificant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Sec- retary declaring that the emergency no longer exists, or upon the expiration of the 90-day pe- riod beginning on the date on which the deter- mination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or addi- tional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this sub- section of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determina- tion. (b) Public Health Emergency Fund (1) In general There is established in the Treasury a fund to be designated as the ‘‘Public Health Emer- gency Fund’’ to be made available to the Sec- retary without fiscal year limitation to carry out subsection (a) only if a public health emer- gency has been declared by the Secretary under such subsection or if the Secretary de- termines there is t

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5939 — 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** — 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 economics and rural communities; and (2) to foster collaboration with agricultural researchers from the Federal Government, State (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3103&num=0&edition=prelim)) governments, institutions of higher education (as defined in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)), industry, and nonprofit organizations. **(d) Duties** (1) **In gener

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5940 — Repealed. Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829; Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230.

### Statutory Notes Section, Pub. L. 113–79, title VII, § 7606, Feb. 7, 2014, 128 Stat. 912; Pub. L. 114–95, title IX, § 9215(f), Dec. 10, 2015, 129 Stat. 2166; Pub. L. 115–334, title VII, § 7605(a), Dec. 20, 2018, 132 Stat. 4828, related to legitimacy of industrial hemp research. #### Effective Date of Repeal Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829, as amended by Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230, provided that: “Effective on January 1, 2022, section 7606 of the Agricultural Act of 2014 ([7 U.S.C. 5940](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5940&num=0&edition=prelim)) is repealed.”

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 5940 — Repealed. Pub. L. 115–334, title VII,

§ 5940. Repealed. Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829; Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230. Section, Pub. L. 113–79, title VII, § 7606, Feb. 7, 2014, 128 Stat. 912; Pub. L. 114–95, title IX, § 9215(f), Dec. 10, 2015, 129 Stat. 2166; Pub. L. 115–334, title VII, § 7605(a), Dec. 20, 2018, 132 Stat. 4828, related to legitimacy of in- dustrial hemp research. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 115–334, title VII, § 7605(b), Dec. 20, 2018, 132 Stat. 4829, as amended by Pub. L. 116–159, div. A, § 122, Oct. 1, 2020, 134 Stat. 714; Pub. L. 116–260, div. A, title VII, § 782, Dec. 27, 2020, 134 Stat. 1230, provided that: ‘‘Effective on January 1, 2022, section 7606 of the Agri- cultural Act of 2014 (7 U.S.C. 5940) is repealed.’’ § 5941. Purchase of cultures for soil and fertilizer investigations The Secretary of Agriculture may purchase from applicable appropriations cultures in the open market for use in connection with soil and fertilizer investigations. (Sept. 21, 1944, ch. 412, title I, § 104, 58 Stat. 735.) Editorial Notes CODIFICATION Section was formerly classified to section 432 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Department of Ag- riculture Organic Act of 1944, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. § 5942. Wheat and feed grains research; regional and national research programs; utilization of services of Federal, State and private agencies; authorization of appropriations In order to reduce fert

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 5940

Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 5940. This identifies an authority to review, not proof of applicability.