§ 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
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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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 247d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 247d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
### 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.”
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 5940. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
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.