7 U.S. Code § 2279b - Department of Agriculture educational, training, and professional development activities
In this section:
(1) Graduate School
The term “Graduate School” means the Graduate School of the Department of Agriculture.
(b) Operation as nonappropriated fund instrumentality
(1) Cease operations
Not later than October 1, 2009, the Secretary of Agriculture shall cease to maintain or operate a nonappropriated fund instrumentality of the United States to develop, administer, or provide educational training and professional development activities, including educational activities for Federal agencies, Federal employees, non-profit organizations, other entities, and members of the general public.
(A) In general
The Secretary of Agriculture is authorized to use funds available to the Department of Agriculture and such resources of the Department as the Secretary considers appropriate (including the assignment of such employees of the Department as the Secretary considers appropriate) to assist the General Administrative Board of the Graduate School in the conversion of the Graduate School to an entity that is non-governmental and not a nonappropriated fund instrumentality of the United States, including such privatization activities not otherwise inconsistent with law or regulation.
(B) Termination of authority
The authority under paragraph (1) shall terminate on the earlier of—
(i) the completion of the transition of the Graduate School to an entity that is non-governmental and not a nonappropriated fund instrumentality of the United States, as determined by the Secretary; or
(c) Activities of Graduate School
Under the general supervision of the Secretary, the Graduate School shall develop, administer, and provide educational, training, and professional development activities, including educational activities for Federal agencies, Federal employees, nonprofit organizations, other entities, and members of the general public.
(d) Fees and donations
(1) Collection of fees
The Graduate School may charge and retain fair and reasonable fees for the activities provided by the Graduate School. The amount of the fees shall be based on the cost of the activities to the Graduate School.
(2) Acceptance of donations
(A) Acceptance and use authorized
The Graduate School may accept, use, hold, dispose, and administer gifts, bequests, and devises of money, securities, and other real or personal property made for the benefit of, or in connection with, the Graduate School.
The Graduate School shall not accept a donation from a person that is actively engaged in a procurement activity with the Graduate School or has an interest that may be substantially affected by the performance or nonperformance of an official duty of a member of the Board or an employee of the Graduate School.
(e) General Administration Board and Director
(1) Appointment as governing board
The Secretary shall appoint a General Administration Board to serve as a governing board for the Graduate School and to supervise and direct the activities of the Graduate School. The Board shall be subject to regulation by the Secretary.
(2) Duties of Board
The Board shall—
(B) take all steps necessary to ensure that the highest possible educational standards are maintained by the Graduate School;
(3) Appointment of Director and other officers
The Board shall select a Director and such other officers as the Board considers necessary to administer the Graduate School. The Director and other officers shall serve on such terms and perform such duties as the Board may prescribe.
(4) Duties of Director
The Director shall be responsible, subject to the supervision and direction of the Board, for carrying out the functions of the Graduate School.
(5) Borrowing and investment authority
The Board may authorize the Director—
Employees of the Graduate School are employees of a nonappropriated fund instrumentality and shall not be considered to be Federal employees.
(g) Not a Federal agency
The Graduate School shall not be considered to be a Federal agency for purposes of—
(h) Acquisition and disposal of property
In order to carry out the activities of the Graduate School, the Graduate School may—
(1) acquire real property in the District of Columbia and in other places by lease, purchase, or otherwise;
(i) Contract authority
The Graduate School may enter into contracts without regard to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501 (b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or any other law that prescribes procedures for the procurement of property or services by an executive agency.
(j) Use of Department facilities and resources
The Graduate School may use the facilities and resources of the Department of Agriculture, on the condition that any costs incurred by the Department that are attributable solely to Graduate School operations and all costs incurred by the Graduate School arising out of such operations shall be paid using funds of the Graduate School. Federal funds may not be used to pay the costs.
Source(Pub. L. 104–127, title IX, § 921,Apr. 4, 1996, 110 Stat. 1191; Pub. L. 107–171, title X, § 10705(a),May 13, 2002, 116 Stat. 518; Pub. L. 110–234, title XIV, § 14213(a),May 22, 2008, 122 Stat. 1465; Pub. L. 110–246, § 4(a), title XIV, § 14213(a),June 18, 2008, 122 Stat. 1664, 2227.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (g)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
In subsecs. (h)(4) and (i), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501 (b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)” on authority of Pub. L. 107–217, § 5(c),Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
2008—Pub. L. 110–246, § 14213(a)(1), substituted “Department of Agriculture educational, training, and professional development activities” for “Operation of Graduate School of Department of Agriculture as nonappropriated fund instrumentality” in section catchline.
Subsec. (b). Pub. L. 110–246, § 14213(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “On and after April 4, 1996, the Graduate School of the Department of Agriculture shall continue to operate as a nonappropriated fund instrumentality of the United States under the jurisdiction of the Department of Agriculture.”
2002—Subsec. (k). Pub. L. 107–171added subsec. (k).
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Effective Date of 2002 Amendment
Pub. L. 107–171, title X, § 10705(c),May 13, 2002, 116 Stat. 519, provided that: “The amendments made by this section [amending this section and repealing section 5922 of this title] take effect on October 1, 2002.”
Pub. L. 110–234, title XIV, § 14213(b),May 22, 2008, 122 Stat. 1466, and Pub. L. 110–246, § 4(a), title XIV, § 14213(b),June 18, 2008, 122 Stat. 1664, 2228, provided that: “Notwithstanding the amendments made by subsection (a) [amending this section], effective on the date of the enactment of this Act [June 18, 2008], the Graduate School of the Department of Agriculture shall be subject to Federal procurement laws and regulations in the same manner and subject to the same requirements as a private entity providing services to the Federal Government.”