§ 5843. Advisory council

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 title XVI § 1634 · 104 Stat. 3359

   Enacted · 7 U.S.C. § 5843

   Pub. L. 101–624, title XVI, § 1634, Nov. 28, 1990, 104 Stat. 3745

   Source evidence

   Code source credit
   Pub. L. 101–624, title XVI, § 1634, Nov. 28, 1990, 104 Stat. 3745

   Enacted provision · exact public law section
   SEC. 1634. ADVISORY COUNCIL. (a) Establishment and Membership.— The Secretary shall establish an advisory council for the program for the purpose of advising, assisting, consulting with, and making recommendations to, the Secretary and Director concerning matters related to the activities, policies and operations of the program. The advisory council shall consist of ex officio members and not more than nine members appointed by the Secretary. (b) Ex Officio Members.— The ex officio members of the advisory council shall consist of the following persons (or their designees): (1) The Director. (2) The Assistant Secretary of Agriculture for Science and Education. (3) The Director of the National Agricultural Library. (4) The Director of the National Institutes of Health. (5) The Director of the National Science Foundation. (6) The Secretary of Energy. (7) The Director of the Office of Science and Technology Policy. (8) Such additional officers and employees of the United States as the Secretary determines are necessary for the advisory council to effectively carry out its functions. (c) Appointment of Other Members.— The members of the advisory council who are not ex officio members shall be appointed by the Secretary as follows: (1) Two-thirds of the members shall be appointed from among the leading representatives of the scientific disciplines relevant to the activities of the program, including agricultural sciences, environmental sciences, natural resource sciences, health sciences, and nutritional sciences. (2) One-third of the members shall be appointed from the general public and shall include leaders in fields of public policy, trade, international development, law, or management. (d) Compensation.— Members of the advisory council shall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or regular places of business in the performance of services for the advisory council, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code. (e) Term of Office of Appointees; Vacancies.— (1) Term.— The term of office of a member appointed under subsection (c) is four years, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term. (2) Initial appointment.— The Secretary shall make appointments to the advisory council so as to ensure that the terms of the members appointed under subsection (c) do not all expire in the same year. A member may serve after the expiration of the member’s term until a successor takes office. (3) Reappointment.— A member who is appointed for a term of four years may not be reappointed to the advisory council before two years after the date of expiration of such term of office. (4) Vacancies.— If a vacancy occurs in the advisory council among the members appointed under subsection (c), the Secretary shall make an appointment to fill such vacancy within 90 days after the date such vacancy occurs. (f) Chair.— The Secretary shall select as the chair of the advisory council one of the members appointed under subsection (c). The term of office of the chair shall be two years. (g) Meetings.— The advisory council shall meet at the call of the chair or on the request of the Director, but at least two times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director. (h) Staff.— The Director shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. (i) Orientation and Training.— The Director shall provide such orientation and training for new members of the advisory council as may be appropriate for their effective participation in the functions of the advisory council. (j) Comments and Recommendations.— The advisory council may prepare, for inclusion in a report submitted under section 1633— (1) comments respecting the activities of the advisory council during the period covered by the report; (2) comments on the progress of the program in meeting its objectives; and (3) recommendations respecting the future directions, program, and policy emphasis of the program. (k) Reports.— The advisory council may prepare such reports as the advisory council determines to be appropriate. (l) Application of Advisory Committee Act.— Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.) relating to the termination of an advisory committee shall not apply to the advisory committee established under this section.

2. 1991

   Pub. L. 102–237 title IV § 407(5) · 105 Stat. 1818

   Substituted · 7 U.S.C. § 5843(l)

   Pub. L. 102–237 substituted “council established” for “committee established”

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 102–237 substituted “council established” for “committee established”.

   Enacted provision · exact public law section
   (5) in section 1634(1) (7 U.S.C. 5843(1)), by striking “committee established” and inserting “council established”;

3. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(1)(A) · 132 Stat. 4490

   1. Amended · 7 U.S.C. § 5843(a)(1)

      Pub. L. 115–334, § 7206(a)(1)(A), designated first sentence as par. (1)

   2. Inserted · 7 U.S.C. § 5843(a)(1)

      Pub. L. 115–334, § 7206(a)(1)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–334, § 7206(a)(1)(A), designated first sentence as par. (1) and inserted heading.

   Enacted provision · exact public law section
   (A) in the first sentence, by striking “The Secretary” and inserting the following: “(1) In general.— The Secretary” ;

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(1)(B) · 132 Stat. 4490

   1. Amended · 7 U.S.C. § 5843(a)(2)

      Pub. L. 115–334, § 7206(a)(1)(B), (C), designated second sentence as par. (2)

   2. Inserted · 7 U.S.C. § 5843(a)(2)

      Pub. L. 115–334, § 7206(a)(1)(B), (C), inserted heading

   3. Substituted · 7 U.S.C. § 5843(a)(2)

      Pub. L. 115–334, § 7206(a)(1)(B), (C), substituted “13” for “nine”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 115–334, § 7206(a)(1)(B), (C), designated second sentence as par. (2), inserted heading, and substituted “13” for “nine”.

   Enacted provision · exact public law section
   (B) in the second sentence of paragraph (1) (as so designated), by striking “The advisory” and inserting the following: “(2) Membership.— The advisory” ;

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(1)(D) · 132 Stat. 4490

   Added · 7 U.S.C. § 5843(a)(3)

   Pub. L. 115–334, § 7206(a)(1)(D), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 115–334, § 7206(a)(1)(D), added par. (3).

   Enacted provision · exact public law section
   (D) by adding at the end the following: “(3) Recommendations.— “(A) In general.— In making recommendations under paragraph (1), the advisory council shall include recommendations on— “(i) the state of public cultivar development, including— “(I) an analysis of existing cultivar research investments; “(II) the research gaps relating to the development of cultivars across a diverse range of crops; and “(III) an assessment of the state of commercialization of federally funded cultivars; “(ii) the training and resources needed to meet future breeding challenges; “(iii) the appropriate levels of Federal funding for cultivar development for underserved crops and geographic areas; and “(iv) the development of the plan described in section 1632(d)(6).” ; and

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(2)(A) · 132 Stat. 4490

   1. Substituted · 7 U.S.C. § 5843(c)(1)

      Pub. L. 115–334, § 7206(a)(2)(A), substituted “6” for “Two-thirds”

   2. Inserted · 7 U.S.C. § 5843(c)(1)

      Pub. L. 115–334, § 7206(a)(2)(A), inserted “economics and policy,” after “agricultural sciences,”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–334, § 7206(a)(2)(A), substituted “6” for “Two-thirds” and inserted “economics and policy,” after “agricultural sciences,”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “Two-thirds” and inserting “6”; and (ii) by inserting “economics and policy,” after “agricultural sciences,”;

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(2)(B) · 132 Stat. 4490

   1. Substituted · 7 U.S.C. § 5843(c)(2)

      Pub. L. 115–334, § 7206(a)(2)(B), substituted “3” for “One-third”

   2. Inserted · 7 U.S.C. § 5843(c)(2)

      Pub. L. 115–334, § 7206(a)(2)(B), inserted “community development,” after “public policy,”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 115–334, § 7206(a)(2)(B), substituted “3” for “One-third” and inserted “community development,” after “public policy,”.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “One-third” and inserting “3”; and (ii) by inserting “community development,” after “public policy,”; and

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 7206(a)(2)(C) · 132 Stat. 4490

   Added · 7 U.S.C. § 5843(c)(3); 7 U.S.C. § 5843(c)(4)

   Pub. L. 115–334, § 7206(a)(2)(C), added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (c)(3), (4). Pub. L. 115–334, § 7206(a)(2)(C), added pars. (3) and (4).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(3) 4 of the members shall be appointed from among individuals with expertise in public cultivar and animal breed development. “(4) 4 of the members shall be appointed from among individuals representing— “(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); “(B) 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); “(C) Hispanic-serving institutions (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); or “(D) 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).” .

9. 2022

   Pub. L. 117–286 § 4(a)(38) · 136 Stat. 4196

   1. Substituted · 7 U.S.C. § 5843(l)

      Pub. L. 117–286 substituted “chapter 10 of title 5” for “Advisory Committee Act” in text

   2. Substituted · 7 U.S.C. § 5843(l)

      Pub. L. 117–286 substituted “Section 1013(a) of title 5” for “Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.)” in text

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Advisory Committee Act” in heading and “Section 1013(a) of title 5” for “Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.)” in text.

   Enacted provision · exact public law section
   (38) Section 1634(l) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843(l)) is amended— (A) in the subsection heading, by striking “Advisory Committee Act” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Section 1013(a) of title 5, United States Code,”.

15 of 15 references resolved to an enrolled provision