[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2274 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2274

   To require the Secretary of Agriculture to establish a nonprofit 
  corporation to be known as the Foundation for Food and Agriculture 
                               Research.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2012

Mr. Roberts (for himself, Ms. Stabenow, and Mr. Conrad) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Agriculture to establish a nonprofit 
  corporation to be known as the Foundation for Food and Agriculture 
                               Research.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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.--
                    (A) Tax-exempt status.--The Foundation shall be 
                considered to be an entity described in section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from taxation under section 501(a) of such Code.
                    (B) Limitation.--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 economies and rural communities; 
                and
            (2) to foster collaboration with agricultural researchers 
        from the Federal Government, institutions of higher education, 
        industry, and nonprofit organizations.
    (d) Duties.--
            (1) In general.--The Foundation shall--
                    (A) award grants to, or enter into contracts, 
                memoranda of understanding, or cooperative agreements 
                with, scientists and entities, which may include 
                agricultural research agencies in the Department, 
                university consortia, public-private partnerships, 
                institutions of higher education, nonprofit 
                organizations, and industry, to efficiently and 
                effectively advance the goals and priorities 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 purposes 
                        of the Foundation described in subsection (c); 
                        and
                            (ii) coordinate Foundation activities with 
                        those programs so as to minimize duplication of 
                        existing efforts;
                    (C) identify unmet and emerging agricultural 
                research needs after reviewing the Roadmap for 
                Agricultural Research, Education and Extension as 
                required by section 7504 of the Food, Conservation, and 
                Energy Act of 2008 (7 U.S.C. 7614a);
                    (D) facilitate technology transfer and release of 
                information and data gathered from the activities of 
                the Foundation to the agricultural research community;
                    (E) promote and encourage the development 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) Authority.--The Foundation shall be the sole entity 
        responsible for carrying out the activities described in this 
        subsection.
            (3) 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:
                            (i) The Secretary.
                            (ii) The Under Secretary of Agriculture for 
                        Research, Education, and Economics.
                            (iii) The Administrator of the Agricultural 
                        Research Service.
                            (iv) The Director of the National Institute 
                        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 under subparagraph (B) shall, by 
                        majority vote, appoint to the Board 15 
                        individuals, of whom--
                                    (I) 8 shall be selected from a list 
                                of candidates to be provided by the 
                                National 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 members of the Board have actual 
                                experience in agricultural research 
                                and, to the extent practicable, 
                                represent diverse sectors of 
                                agriculture.
                                    (II) Limitation.--No employee of 
                                the Federal Government 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 
                                Federal employment.
                            (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 the date 
        of enactment of this Act, 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 Foundation;
                                    (II) policies, including ethical 
                                standards, 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 limits on 
                                        the ability of donors to 
                                        designate, by stipulation or 
                                        restriction, the use or 
                                        recipient of donated funds;
                                    (III) policies that would subject 
                                all employees, fellows, trainees, and 
                                other agents of the Foundation 
                                (including members of the Board) to the 
                                conflict of interest standards under 
                                section 208 of title 18, United States 
                                Code;
                                    (IV) policies for writing, editing, 
                                printing, publishing, and vending of 
                                books and other materials;
                                    (V) policies for the conduct of the 
                                general operations of the Foundation, 
                                including a cap on administrative 
                                expenses for recipients of a grant, 
                                contract, or cooperative agreement from 
                                the Foundation; and
                                    (VI) specific duties for the 
                                Executive Director;
                            (ii) prioritize and provide overall 
                        direction for the activities of the Foundation;
                            (iii) evaluate the performance of the 
                        Executive Director; and
                            (iv) carry out any other necessary 
                        activities regarding the Foundation.
                    (B) Establishment of bylaws.--In establishing 
                bylaws under subparagraph (A)(i), the Board shall 
                ensure that the bylaws 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 compromise, 
                        the integrity of any governmental 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.
                            (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 resulting vacancy shall be appointed 
                        for the remainder 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.--Any vacancy in the membership of 
                the Board shall be filled in the manner in which the 
                original position was made and shall not affect the 
                power of the remaining members to execute the duties of 
                the Board.
            (6) Compensation.--Members of the Board may not receive 
        compensation 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 conducting 
        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 
                responsibilities 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 
                        discharge 1 or more officers, employees, and 
                        agents, as may be necessary, and define the 
                        duties of the officers, employees, and agents;
                            (iii) solicit and accept any funds, gifts, 
                        grants, devises, or bequests of real or 
                        personal property made to the Foundation, 
                        including such support from private entities;
                            (iv) prescribe the manner in which--
                                    (I) real or personal property of 
                                the Foundation is acquired, held, and 
                                transferred;
                                    (II) general operations of the 
                                Foundation 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 
                        executive department or independent agency, use 
                        the information, services, and facilities of 
                        the department or agency in carrying out this 
                        section;
                            (vi) enter into contracts with public and 
                        private organizations for the writing, editing, 
                        printing, and publishing of books and other 
                        material;
                            (vii) hold, administer, invest, and spend 
                        any gift, devise, or bequest of real or 
                        personal property made to the Foundation;
                            (viii) enter into such contracts, leases, 
                        cooperative agreements, and other transactions 
                        as the Board considers appropriate to conduct 
                        the activities of the Foundation;
                            (ix) modify or consent to the modification 
                        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 patents and licenses for devices and 
                        procedures developed by the Foundation and 
                        employees 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 
                        powers as are necessary to carry out the duties 
                        and functions of the Foundation in accordance 
                        with this section.
                    (B) Limitation.--No appointed member of the Board 
                or officer 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 
                        financial 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 a 
                                report for the preceding fiscal year 
                                that includes--
                                            (aa) a description of 
                                        Foundation activities, 
                                        including accomplishments; and
                                            (bb) a comprehensive 
                                        statement of the operations and 
                                        financial condition of the 
                                        Foundation.
                                    (II) Financial condition.--Each 
                                report under subclause (I) shall 
                                include a description of all gifts or 
                                grants to the Foundation of real or 
                                personal property or money, which shall 
                                include--
                                            (aa) the source of the 
                                        gifts or grants; and
                                            (bb) any restrictions on 
                                        the purposes for which the gift 
                                        or grant may be used.
                                    (III) Availability.--The Foundation 
                                shall--
                                            (aa) make copies of each 
                                        report submitted 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 subsection (d)(1)(A) shall provide 
                        the Foundation with a report at the conclusion 
                        of any research or studies conducted the 
                        describes the results of the research or 
                        studies, including any data generated.
            (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, conflict 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, employee, or member of 
                the Board is prohibited from any participation in 
                deliberations by the Foundation of a matter that would 
                directly or predictably affect any financial interest 
                of--
                            (i) the individual;
                            (ii) a relative (as defined in section 109 
                        of the Ethics in Government Act of 1978 (5 
                        U.S.C. App.)) of that individual; or
                            (iii) a business organization or other 
                        entity in which the individual has an interest, 
                        including an organization or other entity with 
                        which the individual is negotiating employment.
            (5) Intellectual property.--The Board shall adopt written 
        standards to govern ownership of any intellectual 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 Foundation nor 
        shall the full faith and credit of the United States extend to 
        any obligations of the Foundation.
                                 <all>