Title 7, AgricultureRelease 119-110
§5939 Foundation for Food and Agriculture Research
Title 7 › CHAPTER 88 — RESEARCH › SUBCHAPTER VII — MISCELLANEOUS RESEARCH PROVISIONS › § 5939
Summary
Creates a nonprofit called the Foundation for Food and Agriculture Research. It is not a government agency. Definitions: Board — the Foundation’s Board of Directors; Department — the Department of Agriculture; Foundation — the nonprofit; Secretary — the Secretary of Agriculture. The Foundation must fund agricultural research on key problems, including plant and animal health and production; food safety, nutrition, and health; renewable energy, natural resources, and the environment; agricultural and food security; systems and technology; and agricultural economics and rural communities. It must work with federal and state agencies, universities, industry, and nonprofits. The Foundation can award grants and make contracts, coordinate with the Secretary to avoid duplicating federal research, identify unmet research needs, share data and technology, support new agricultural scientists, and do other work that fits its mission. Its work is meant to add to, not replace, Department of Agriculture activities. A Board of Directors runs the Foundation. Five ex‑officio, nonvoting members are the Secretary, the Under Secretary for Research, Education, and Economics, the Administrator of the Agricultural Research Service, the Director of the National Institute of Food and Agriculture, and the Director of the National Science Foundation. Those ex‑officio members must appoint 15 voting members: 8 from a list by the National Academy of Sciences and 7 from industry lists. Appointed members must mostly have real agricultural experience, cannot be federal employees, and serve 5‑year terms (initially 8 for 3 years and 7 for 2 years). The Board picks a chair, writes bylaws (including ethics, conflict rules, gift policies, a cap on grantee administrative costs, and Executive Director duties), hires an Executive Director, and may accept and manage money, hold patents, enter contracts, and sue or be sued. The Foundation must have annual financial audits and give records to the Secretary and the Comptroller General. Within 5 months after each fiscal year it must publish an annual report showing activities, finances, and any gifts (with sources and limits) and hold a public meeting. Grant recipients must report results and data. The Board must set rules for conflicts of interest and intellectual property. The United States is not liable for the Foundation’s debts. Funding transfers from the Commodity Credit Corporation are: $200,000,000 on February 7, 2014; $185,000,000 when the Foundation submits its strategic plan; $37,000,000 no later than 30 days after November 17, 2023; and $37,000,000 no later than 30 days after July 4, 2025. The Foundation may spend those federal funds only if it secures equal non‑Federal matching funds. Funds may not be used for construction. The Executive Director must keep federal transfers in accounts separate from private funds.
Full Legal Text
Title 7, §5939
Agriculture, Source: USLM XML via OLRC
(a)Definitions
In this section: (1) Board
(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) 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 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 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)
(C)identify unmet and emerging agricultural research needs after reviewing the roadmap for agricultural research, education, and extension authorized by section 7614a of this title;
(D)facilitate technology transfer and release of information and data gathered from the activities of the Foundation to the agricultural research community and agriculture stakeholders;
(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)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 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 (as specified in 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 appointed members 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 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 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 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 conflict of interest standards in the same manner as Federal employees are subject to the conflict of interest standards under section 208 of title 18;
(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;
(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 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, 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 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
After the initial appointment of the members of the Board under paragraph (2)(C), any vacancy in the membership of the Board shall be filled as provided in the bylaws established under paragraph (4)(A)(i).
(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 the business of the Board.
(f)Administration
(1)Executive Director (2) Administrative powers
(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.
(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 and post online a report for the preceding fiscal year that includes—
(aa)a description of Foundation activities, 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 agricultural research programs and priorities 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 bequest 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 that describes the results of the research or studies, 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 communicate 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 Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a strategic plan describing a path for the Foundation to become self-sustaining, including—
(I)a forecast of major agricultural challenge opportunities identified by the scientific advisory councils of the Foundation and approved by the Board, including 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 Foundation, including—
(aa)processes relating to grant awards, including the selection, review, 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 identified in the strategic plan;
(III)a description of financial goals and benchmarks for the next 10 years, including a detailed plan for—
(aa)raising funds in amounts greater than the amounts required under subsection (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 determined 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, 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)
(ii)a relative (as defined in section 13101 of title 5) 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 the ownership and licensing 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.
(g)Funds
(1)Funding
(A)In general
(i)Establishment funding
On February 7, 2014, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $200,000,000, to remain 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 submitted, 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 available 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.
(iv)Further funding
Not later than 30 days after July 4, 2025, 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 promotion, research, and information program.
(ii)Effect
Nothing in this section requires the Foundation to require a matching contribution 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 construction.
(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).
Legislative History
Notes & Related Subsidiaries
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 Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter.
Amendments
2025—Subsec. (g)(1)(A)(iv). Pub. L. 119–21 added cl. (iv). 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), inserted “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 introductory 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 “accomplishments; 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), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (g)(1)(B). Pub. L. 115–334, § 7603(4)(C), designated existing provisions as cl. (i), inserted heading, substituted “purposes, duties, and powers” for “purposes” and “matching funds from a non-Federal source, including an agricultural commodity promotion, research, and information program” for “non-Federal matching funds for each expenditure”, and added cl. (ii).
Reference
Citations & Metadata
Citation
7 U.S.C. § 5939
Title 7, Agriculture
Last Updated
Sep 23, 2026
Release point: 119-110