H. R. 2854—305
(1) GRADUATE
SCHOOL.—The term ‘‘Graduate School’’
means the Graduate School of the Department of Agriculture.
(2) BOARD.—The term ‘‘Board’’ means the General Adminis-
tration Board of the Graduate School.
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Graduate School.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) OPERATION AS NONAPPROPRIATED FUND INSTRUMENTALITY.—
On and after the date of enactment of this Act, 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.
(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 connec-
tion with, the Graduate School.
(B) EXCEPTION.—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 perform-
ance or nonperformance of an official duty of a member
of the Board or an employee of the Graduate School.
(3) NOT FEDERAL FUNDS.—Fees 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
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—
(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 Grad-
uate School;
(C) exercise general supervision over the administra-
tion 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).
H. R. 2854—306
(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 carry-
ing out the functions of the Graduate School.
(5) BORROWING AND INVESTMENT AUTHORITY.—The 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 operat-
ing requirements of the Graduate School for purposes of
maintaining a reasonable reserve.
(6) LIABILITY.—The 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) EMPLOYEES.—Employees of the Graduate School are employ-
ees 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—
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) section 552 or 552a of title 5, United States Code;
or
(3) chapter 171 of title 28, United States Code.
(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;
(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 the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(i) CONTRACT AUTHORITY.—The Graduate School may enter
into contracts without regard to the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 471 et seq.) 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 Depart-
ment 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.
SEC. 922. STUDENT INTERNSHIP PROGRAMS.
(a) STUDENT INTERN SUBSISTENCE PROGRAM.—
(1) DEFINITION OF STUDENT INTERN.—In this subsection,
the term ‘‘student intern’’ means a person who—
H. R. 2854—307
(A) is employed by the Department of Agriculture
(referred to in this section as the ‘‘Department’’) to assist
scientific, professional, administrative, or technical employ-
ees of the Department; and
(B) is a student in good standing at an institution
of higher education (as defined in section 1201 of the Higher
Education Act of 1965 (20 U.S.C. 1141)) pursuing a course
of study related to the field in which the person is employed
by the Department.
(2) PAYMENT OF CERTAIN EXPENSES BY THE SECRETARY.—
The Secretary of Agriculture (referred to in this section as
the ‘‘Secretary’’) may, out of user fee funds or funds appro-
priated to any agency of the Department, pay for lodging
expenses, subsistence expenses, and transportation expenses
of a student intern at the agency (including expenses of
transportation to and from the student intern’s residence at
or near the institution of higher education attended by the
student intern and the official duty station at which the student
intern is employed).
(b) COOPERATION
WITH
ASSOCIATIONS
OF
COLLEGES
AND
UNIVERSITIES.—
(1) AUTHORITY TO COOPERATE.—Notwithstanding chapter
63 of title 31, United States Code, the Secretary may enter
into cooperative agreements on an annual basis with 1 or
more associations of institutions of higher education (as defined
in section 1201 of the Higher Education Act of 1965 (20 U.S.C.
1141)) for the purpose of providing for Department participation
in internship programs for graduate and undergraduate stu-
dents who are selected by the associations from students attend-
ing member institutions of the associations and other institu-
tions of higher education.
(2) INTERNSHIP
PROGRAM.—An internship program sup-
ported under this subsection (referred to in this subsection
as an ‘‘internship program’’) shall provide work assignments
for students within the Department and such other activities
as the association that enters into the cooperative agreement
under paragraph (1) with respect to the internship program
(referred to in this subsection as the ‘‘cooperating association’’)
and the Secretary shall determine. The nature of Department
participation in an internship program shall be developed
jointly by the Secretary and the cooperating association.
(3) PROGRAM COORDINATION.—The cooperating association
shall coordinate an internship program, including—
(A) the recruitment of students;
(B) arrangements for travel of the students to Washing-
ton, District of Columbia, and to agency field locations;
(C) the provision of housing for students, if required;
and
(D) all activities for the students that take place out-
side the Department work assignments of the students.
(4) NUMBER AND SELECTION OF STUDENTS.—
(A) NUMBER.—A cooperative agreement entered into
under paragraph (1) shall specify the number of students
that the Department will host each year and a list of
work assignments to be provided for the students.
(B) SELECTION.—The cooperating association shall pro-
vide the Department with a pool of student candidates
H. R. 2854—308
meeting the requirements for each work assignment identi-
fied by the Secretary. Final selection of the students for
Department internship positions shall be made by the Sec-
retary.
(5) COST REIMBURSEMENT.—From such amounts as the Sec-
retary determines are available each fiscal year for internship
programs, and subject to such regulations as the Secretary
may issue, the Secretary may reimburse a cooperating associa-
tion for the Department share of all direct and indirect costs
of an internship program, including student stipends, transpor-
tation costs to the internship site, and other costs of an intern-
ship program.
(6) LEAD AGENCY.—The Secretary may designate a lead
agency within the Department to carry out this subsection.
(7) INTERAGENCY
AGREEMENTS.—Agencies and offices
within the Department other than the lead agency—
(A) may enter into interagency agreements with the
lead agency to provide work assignments for students
participating in an internship program; and
(B) shall reimburse the lead agency for the direct and
indirect costs of each student assigned to the agency under
an internship program.
(8) FEDERAL EMPLOYEE STATUS.—A student who partici-
pates in an internship program shall not be considered a Fed-
eral employee, except for purposes of chapter 81 of title 5,
and chapter 171 of title 28, United States Code.
SEC. 923. CONVEYANCE OF EXCESS FEDERAL PERSONAL PROPERTY.
Notwithstanding any other provision of law, the Secretary of
Agriculture may—
(1) convey title to excess Federal personal property owned
by the Department of Agriculture, with or without monetary
compensation and for such purposes as are determined by
the Secretary, to—
(A) any of the 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (Public Law 103–382; 7 U.S.C. 301 note));
(B) any Hispanic-serving institution (as defined in sec-
tion 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); and
(C) any college or university eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321 et seq.),
including Tuskegee University; and
(2) acquire from, exchange with, or dispose of personal
property to other Federal departments and agencies without
monetary compensation in furtherance of the purposes of this
section.
SEC. 924. CONVEYANCE OF LAND TO WHITE OAK CEMETERY.
(a) IN GENERAL.—
(1) RELEASE OF INTEREST.—After execution of the agree-
ment described in subsection (b), the Secretary of Agriculture
shall release the condition stated in the deed on the land
described in subsection (c) that the land be used for public
purposes, and that if the land is not so used, that the land
revert to the United States. The release shall be on the condi-
tion that the land be used exclusively for cemetery purposes,