(a) DefinitionsIn this section:(1) Graduate SchoolThe term “Graduate School” means the Graduate School of the Department of Agriculture.
(2) BoardThe term “Board” means the General Administration Board of the Graduate School.
(3) DirectorThe term “Director” means the Director of the Graduate School.
(4) SecretaryThe term “Secretary” means the Secretary of Agriculture.
(b) Operation as nonappropriated fund instrumentality(1) Cease operationsNot 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.
(2) Transition(A) In generalThe 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 authorityThe 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
(ii) September 30, 2009.
(c) Activities of Graduate SchoolUnder 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 feesThe 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 authorizedThe 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.
(B) ExceptionThe 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.
(3) Not Federal fundsFees collected under paragraph (1) and amounts received under paragraph (2) shall not be considered to be Federal funds and shall not be required to be deposited in the Treasury of the United States.
(e) General Administration Board and Director(1) Appointment as governing boardThe 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 BoardThe Board shall—(A) formulate broad policies in accordance with which the Graduate School shall be administered;
(B) take all steps necessary to ensure that the highest possible educational standards are maintained by the Graduate School;
(C) exercise general supervision over the administration of the Graduate School; and
(D) establish such bylaws, rules, and procedures as may be necessary for the fulfillment of the duties described in subparagraphs (A), (B), and (C).
(3) Appointment of Director and other officersThe 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 DirectorThe 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 authorityThe Board may authorize the Director—(A) to borrow money on the credit of the Graduate School; and
(B) to invest funds held in excess of the current operating requirements of the Graduate School for purposes of maintaining a reasonable reserve.
(6) LiabilityThe Director and the members of the Board shall not be held personally liable for any loss or damage that may accrue to the funds of the Graduate School as the result of any act or exercise of discretion performed in carrying out their duties under this section.
(f) EmployeesEmployees of the Graduate School are employees of a nonappropriated fund instrumentality and shall not be considered to be Federal employees.
(g) Not a Federal agencyThe Graduate School shall not be considered to be a Federal agency for purposes of—(1) chapter 10 of title 5;
(2) section 552 or 552a of title 5; or
(3) chapter 171 of title 28.
(h) Acquisition and disposal of propertyIn 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;
(2) maintain, enlarge, or remodel any such property;
(3) have sole control of any such property; and
(4) dispose of real and personal property 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.
(i) Contract authorityThe 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 resourcesThe 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.
(k) Audits of recordsThe financial records of the Graduate School (including records relating to contracts or agreements entered into under subsection (c)) shall be made available to the Comptroller General for purposes of conducting an audit.
Structure US Code
CHAPTER 55— DEPARTMENT OF AGRICULTURE
§ 2201. Establishment of Department
§ 2202. Executive Department; Secretary
§ 2204. General duties of Secretary; advisory functions; research and development
§ 2204–1. Delegation of regulatory functions of Secretary of Agriculture; definitions
§ 2204–3. Authority of designated employees; retroactive revocation of delegation
§ 2204–4. Delegation of functions under other laws as unaffected
§ 2204–5. Authorization of appropriations for cooperative research projects
§ 2204b. Rural development policy
§ 2204b–2. Temporary prioritization of rural health assistance
§ 2204b–3. Council on Rural Community Innovation and Economic Development
§ 2204b–4. Institute for Rural Partnerships
§ 2204c. Water management for rural areas
§ 2204d. Encouragement of private contracting
§ 2204e. Office of Risk Assessment and Cost-Benefit Analysis
§ 2204g. Authority of Secretary of Agriculture to conduct census of agriculture
§ 2204h. Local food production and program evaluation
§ 2204i. Reports on land access and farmland ownership data collection
§ 2204j. National agriculture imagery program
§ 2205. Duties of former Commissioner of Agriculture transferred to Secretary
§ 2206. Custody of property and records
§ 2206a. Conveyance of excess Federal personal property
§ 2206b. Availability of excess and surplus computers in rural areas
§ 2207a. Reports to Congress on obligation and expenditure
§ 2208. Expenditure of appropriations; accounting
§ 2208a. Loan levels provided to Department of Agriculture
§ 2209. Additional statement of expenditures
§ 2209a. Advances to chiefs of field parties
§ 2209b. Availability of appropriations
§ 2209c. Use of funds for one-year contracts to be performed in two fiscal years
§ 2209d. Statement of percentage and dollar amount of Federal funding
§ 2209e. Prohibition on payments to parties involved with prohibited drug-producing plants
§ 2209f. Restriction on commodity purchase program payments
§ 2209g. Availability of funds for uniforms or allowances
§ 2209h. Reimbursement of Office of the General Counsel
§ 2209i. Funding for preparation of final agency decisions regarding discrimination complaints
§ 2209j. Permanent debarment from participation in Department of Agriculture programs for fraud
§ 2209k. Prohibition on payments to fossil fuel refiners and importers
§ 2210. Deputy Secretary of Agriculture; appointment
§ 2211. Powers and duties of Deputy Secretary of Agriculture
§§ 2211b to 2212c. Repealed. , §§ 218(e)(2)–(6), 231(f)(1), , , 3219
§ 2214. General Counsel; appointment
§ 2217a. Power to administer oaths, examine witnesses, or require production of books, etc.
§ 2218. Fee for administering or taking oaths, affirmations, and affidavits
§ 2219a. Overtime and holiday pay
§ 2221. Details of persons from or to office of Secretary
§ 2223. Details of employees from and to library and bureaus and offices
§ 2225. Employment of temporary personnel
§ 2225a. Contracts for consulting services
§ 2225b. Personal service contracts for veterinarians
§ 2225c. Employment contracts for services abroad
§ 2225d. Availability of Department of Agriculture funds for temporary employment
§ 2226. Employment of persons for forest fire fighting, pest control, and handling of animals
§ 2228. Emergency subsistence for employees
§ 2229. Travel and per diem expenses of temporary or seasonal employees
§ 2230. Employees in Alaska; subsistence, equipment, and supplies
§ 2231. Official expenses of employees stationed abroad
§ 2231a. Reimbursement of employees for costs of State licenses and certification fees
§ 2231b. First amendment rights of employees of the United States Department of Agriculture
§ 2232. Stenographic reporting service
§ 2233. Funds available for expenses of advisory committees
§ 2234. Purchases for bureaus from appropriations for contingent expenses
§ 2235a. Deposit and retention of credit card refunds or rebates
§ 2236. Working capital fund for Agricultural Research Center; establishment
§ 2237. Use of field work funds for employment of men with equipment, etc.
§ 2238. Use of field work funds for purchase of arms and ammunition
§ 2239. Funds for printing, binding, and scientific and technical article reprint purchases
§ 2241. Sale or exchange of animals or animal products
§ 2241a. Exchange or sale authority
§ 2241b. Purchase of seeds and plants for distribution
§ 2242a. User fees for reports, publications, and software
§ 2242b. Translation of publications into foreign languages
§ 2243. Sale of photographic prints and maps
§ 2245. Sale of prints and lantern slides
§ 2246. Loan, rental, or sale of films
§ 2247. Sale of samples of pure sugars
§ 2247a. Farm or food products; sale of samples, practical forms, etc.
§ 2248. Statistics relating to turpentine and rosin
§ 2249. Amount and character of cooperation
§ 2250. Construction and repair of buildings and public improvements
§ 2250b. Nonrecurring expenses fund
§ 2253. Adjustment by Secretary of titles to lands acquired by Government and subject to his control
§ 2255. Membership in International Wheat Advisory Committee, International Sugar Council, etc.
§ 2255a. Financial assistance to national and international conferences
§ 2255b. Department of Agriculture conference transparency
§ 2257. Interchangeability of funds for miscellaneous expenses and general expenses
§ 2258. Purchase of newspapers
§ 2259. Market-inspection certificates as prima facie evidence
§§ 2260, 2260a. Repealed. , (4), ,
§ 2262. Employee liability insurance on motor vehicles in foreign countries
§ 2264. National Agricultural Library; acceptance of gifts, bequests, or devises; conditional gifts
§ 2265. Deposit of money accepted for benefit of National Agricultural Library; disbursement
§ 2266. Congressional reaffirmation of policy to foster and encourage family farms
§ 2266a. Century Farms program
§ 2266b. Eligibility for operators on heirs property land to obtain a farm number
§ 2268. Public lands; relinquishment
§ 2268a. Acquisition of land; options
§ 2270. Authority of Office of Inspector General
§ 2270a. Office of Inspector General; transfer of forfeiture funds for law enforcement activities
§ 2270c. Submission of results
§ 2271. Marketing education programs for small and medium size family farm operations
§ 2271a. Advanced marketing training for farmers and ranchers
§ 2272. Volunteers for Department of Agriculture programs
§ 2272a. Funds for incidental expenses and promotional items relating to volunteers
§ 2273. Local search and rescue operations
§ 2274. Firearm authority of employees engaged in animal quarantine enforcement
§ 2274a. Firearm authority of employees conducting field work in remote locations
§ 2276. Confidentiality of information
§ 2277. Contracts by Animal and Plant Health Inspection Service for services to be performed abroad
§ 2278. Consistency with international obligations of United States
§ 2279. Farming opportunities training and outreach
§ 2279–1. Transparency and accountability for socially disadvantaged farmers and ranchers
§ 2279–2. Report of civil rights complaints, resolutions, and actions
§ 2279a. Fair and equitable treatment of socially disadvantaged producers
§ 2279b. Department of Agriculture educational, training, and professional development activities
§ 2279c. Student internship programs
§ 2279d. Compensatory damages in claims under Rehabilitation Act of 1973
§ 2279g. Marketing services; cooperative agreements
§ 2279h. Cross-servicing activities of National Finance Center
§ 2279i. Cooperation with State and other agencies; expenditures
§ 2279k. Authorization of protection operations for the Secretary of Agriculture and others