I 
109TH CONGRESS 
2D SESSION 
H. R. 5832 
To establish the National Institute of Food and Agriculture, to provide 
funding for the support of fundamental agricultural research of the 
highest quality, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2006 
Mr. GUTKNECHT (for himself, Mr. PETERSON of Minnesota, Mr. THOMPSON 
of Mississippi, Mr. CLAY, and Mr. AKIN) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To establish the National Institute of Food and Agriculture, 
to provide funding for the support of fundamental agri-
cultural research of the highest quality, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Institute of 
Food and Agriculture Act of 2006’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
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(1) the task force established under section 
7404 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 3101 note; 116 Stat. 457)— 
(A) conducted an exhaustive review of agri-
cultural research in the United States; and 
(B) evaluated the merits of establishing 1 
or more national institutes focused on dis-
ciplines important to the progress of food and 
agricultural science; and 
(2) according to findings and recommendations 
provided to Congress by the task force— 
(A) agriculture in the United States faces 
critical challenges, including impending crises in 
the food, agricultural, and natural resource sys-
tems of the United States; 
(B) exotic diseases and pests threaten 
crops and livestock; 
(C) obesity has reached epidemic propor-
tions; 
(D) agriculturally related environmental 
degradation is a serious problem for the United 
States and other parts of the world; 
(E) 
certain 
animal 
diseases 
threaten 
human health; and 
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(F) agricultural producers of several pri-
mary crops in the United States are no longer 
the world’s lowest-cost producers. 
(b) PURPOSE.—The purpose of this Act is to estab-
lish a national institute— 
(1) to ensure that the technological superiority 
of agriculture in the United States effectively serves 
the people of the United States in the coming dec-
ades; and 
(2) to support and promote fundamental agri-
cultural research and science of the highest caliber 
to achieve the goals of— 
(A) increasing the international competi-
tiveness of agriculture in the United States; 
(B) developing foods that improve health 
and combat obesity; 
(C) creating new and more useful products 
from plants and animals; 
(D) improving food safety and food secu-
rity by protecting plants and animals in the 
United States from insects, diseases, and the 
threat of bioterrorism; 
(E) enhancing agricultural sustainability; 
(F) improving natural resources; 
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(G) strengthening the economies of rural 
communities in the United States; 
(H) decreasing dependence of the United 
States on foreign sources of petroleum by devel-
oping biobased fuels and products, enhancing 
methods of production at biobased fuels refin-
eries, reducing energy consumption at biobased 
fuels refineries, and increasing the use of co- 
products of biobased fuels production; 
(I) strengthening national security by im-
proving the agricultural productivity of sustain-
able farmers in developing countries to combat 
hunger and the political instability that hunger 
produces; 
(J) assisting in modernizing and revital-
izing the agricultural research facilities of the 
United States at institutions of higher edu-
cation, independent, nonprofit research institu-
tions, and consortia of those institutions, 
through capital investment; 
(K) achieving such other goals, and meet-
ing such other needs, as the Secretary or the 
Institute determines to be appropriate; and 
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(L) ensuring the ability of United States 
producers to successfully combat sanitary and 
phytosanitary nontrade barriers. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COUNCIL.—The term ‘‘Council’’ means the 
Standing Council of Advisors established in section 
4. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Agriculture. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Institute. 
(4) FUNDAMENTAL AGRICULTURAL RESEARCH 
AND SCIENCE.—The term ‘‘fundamental agricultural 
research and science’’ means research and science 
that, as determined by the Secretary— 
(A) advances the frontiers of knowledge so 
as to lead to practical results or to further sci-
entific discovery; and 
(B) has an effect on agriculture, food, 
human health, or another purpose of this Act 
as described in section 2(b). 
(5) INSTITUTE.—The term ‘‘Institute’’ means 
the National Institute of Food and Agriculture es-
tablished by section 4. 
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(6) MULTIDISCIPLINARY
GRANT.—The term 
‘‘multidisciplinary grant’’ means a grant provided to 
2 or more collaborating investigators to carry out co-
ordinated, multidisciplinary research programs in-
volving multiple disciplines that have been approved 
by the Institute. 
(7) PROJECT
GRANT.—The term ‘‘project 
grant’’ means a grant provided to 1 or more prin-
cipal investigators to conduct research that has been 
approved by the Institute. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(9) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands. 
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(10) UNITED
STATES.—The term ‘‘United 
States’’, when used in a geographical sense, means 
all of the States. 
SEC. 4. ESTABLISHMENT; COMPOSITION. 
(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as the ‘‘National 
Institute of Food and Agriculture’’. 
(b) COMPOSITION.—The Institute shall be composed 
of the Council (including committees and offices estab-
lished under section 5) and the Director. 
(c) STANDING COUNCIL OF ADVISORS.— 
(1) ESTABLISHMENT.—There is established a 
Standing Council of Advisors. 
(2) COMPOSITION.—The Council shall be com-
posed of 25 members, including— 
(A) the Director; and 
(B) 18 members appointed by the Sec-
retary, with the concurrence of the Director, 3 
members appointed by the Committee on Agri-
culture of the House of Representatives, and 3 
members appointed by the Committee on Agri-
culture, Nutrition, and Forestry of the Senate, 
of whom— 
(i) 12 members shall be highly-quali-
fied scientists who, 6 as determined and 
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appointed by the Secretary, 3 as deter-
mined and appointed by the Committee on 
Agriculture of the House of Representa-
tives, and 3 as determined and appointed 
by the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate— 
(I) are not employees of the Fed-
eral Government; 
(II) have expertise in the fields of 
agricultural research, science, or re-
lated appropriate fields; 
(III) are appropriate for member-
ship on the Council solely on the basis 
of established records of distinguished 
service; and 
(IV) collectively represent the 
views of agricultural research and sci-
entific leaders in all regions of the 
United States; and 
(ii) 12 members shall be distinguished 
members of the public, as determined by 
the Secretary, including— 
(I) representatives of agricultural 
organizations and industry; and 
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(II) individuals with expertise in 
natural resources, sustainable agri-
culture, energy, and human health 
and disease. 
(3) TERM.—The members of the Council shall 
serve staggered, 4-year terms, as determined by the 
Secretary and Congress . 
(4) MEETINGS.—The Council shall meet at the 
call of the Director and the Secretary, but not less 
often than annually. 
(5) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Council shall elect to 1 year terms a Chair-
person and Vice Chairperson from among the mem-
bers of the Council. One shall be elected from among 
the members described in paragraph (2)(i) and one 
shall be elected from among the members described 
in paragraph (2)(i) 
(6) DUTIES.—The Council shall— 
(A) assist the Director in— 
(i) establishing research priorities of 
the Institute; and 
(ii) reviewing, judging, and maintain-
ing the relevance of the programs of the 
Institute; 
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(B) review all proposals approved by the 
scientific committees established under section 
5(a)(1) to ensure, to the maximum extent prac-
ticable, that the purposes of this Act are being 
met; and 
(C) through the meetings described in 
paragraph (4), provide an interface between sci-
entists and stakeholders to ensure, to the max-
imum extent practicable, that the Institute is 
coordinating national goals with realistic sci-
entific opportunities. 
(d) DIRECTOR.— 
(1) IN GENERAL.—The Institute shall be head-
ed by a Director, who shall be an individual who 
is— 
(A) a distinguished agricultural researcher 
and scientist; and 
(B) appointed by the President (after tak-
ing into consideration recommendations pro-
vided by the Council), by and with the advice 
and consent of the Senate. 
(2) TERM.—The Director shall serve for a sin-
gle, 6-year term. 
(3) COMPENSATION.—The Director shall re-
ceive basic pay at the rate provided for level II of 
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the Executive Schedule under section 5513 of title 
5, United States Code. 
(4) SUPERVISION.—The Director shall report 
directly to the Secretary. 
(5) AUTHORITY AND RESPONSIBILITIES OF DI-
RECTOR.— 
(A) IN
GENERAL.—Except as otherwise 
specifically provided in this Act, the Director 
shall— 
(i) exercise all of the authority pro-
vided to the Institute by this Act (includ-
ing any powers and functions delegated to 
the Director by the Council); 
(ii) in consultation with the Council, 
formulate programs in accordance with 
policies adopted by the Institute; 
(iii) establish committees and offices 
within the Institute in accordance with sec-
tion 5; 
(iv) establish procedures for the peer 
review of research funded by the Institute; 
(v) establish procedures for the provi-
sion and administration of grants by the 
Institute in accordance with this Act; 
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(vi) assess the personnel needs of ag-
ricultural research in the areas supported 
by the Institute, and, if determined to be 
appropriate by the Director or the Sec-
retary, for other areas of food and agricul-
tural research; and 
(vii) cooperate with the Council to 
plan programs that will help meet agricul-
tural personnel needs in the future, includ-
ing portable fellowship and training pro-
grams in fundamental agricultural re-
search and science. 
(B) FINALITY
OF
ACTIONS.—An action 
taken by the Director in accordance with this 
Act (or in accordance with the terms of a dele-
gation of authority from the Council) shall be 
final and binding upon the Institute. 
(C) DELEGATION AND REDELEGATION OF 
FUNCTIONS.— 
(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), the Director may, 
from time to time and as the Director con-
siders to be appropriate, authorize the per-
formance by any other officer, agency, or 
employee of the Institute of any of the 
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functions of the Director under this Act, 
including functions delegated to the Direc-
tor by the Council. 
(ii) POLICYMAKING FUNCTIONS.—The 
Director may not redelegate policymaking 
functions delegated to the Director by the 
Council. 
(iii) 
CONTRACTS, 
GRANTS, 
AND 
OTHER
ARRANGEMENTS.—The 
Director 
may enter into contracts and other ar-
rangements, and provide grants, in accord-
ance with this Act— 
(I) only with the prior approval 
of the Council or under authority del-
egated by the Council; and 
(II) subject to such conditions as 
the Council may specify. 
(iv) REPORTING.—The Director shall 
promptly report each contract or other ar-
rangement entered into, each grant award-
ed, and each other action of the Director 
taken, under clause (iii) to the Committee 
on Agriculture, Nutrition, and Forestry of 
the Senate and the Committee on Agri-
culture of the House of Representatives. 
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(6) STATUS ON COUNCIL.— 
(A) IN GENERAL.—The Director shall be 
an ex officio member of the Council. 
(B) COMPENSATION
AND
TENURE.—Ex-
cept with respect to compensation and tenure, 
the service of the Director on the Council shall 
be coordinated with the service of other mem-
bers of the Council. 
(C) VOTING; 
ELECTION.—The Director 
shall be— 
(i) a voting member of the Council; 
and 
(ii) eligible for election by the Council 
as Chairperson or Vice Chairperson of the 
Council. 
(7) STAFF.— 
(A) IN GENERAL.—Subject to this para-
graph, the Director shall recruit and hire such 
senior staff and other personnel as are nec-
essary to assist the Director in carrying out 
this Act. 
(B) SENIOR STAFF.—Each individual hired 
as senior staff of the Director shall— 
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(i) be a highly accomplished agricul-
tural researcher and scientist, as deter-
mined by the Director; 
(ii) be recruited from the active agri-
cultural research and science community; 
and 
(iii) be appointed and serve on the 
basis of 4-year, rotating appointments. 
(C) TEMPORARY
STAFF.—Staff hired by 
the Director under this paragraph may include 
agricultural researchers and scientists and other 
technical and professional personnel hired for 
limited terms, or on temporary bases, including 
individuals on leave of absence from academic, 
industrial, research, or science institutions to 
work for the Institute. 
(D) COMPENSATION.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), subject to such policies as 
the Council shall periodically prescribe, the 
Director may fix the compensation of staff 
hired under this paragraph without regard 
to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United 
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States Code, relating to classification of 
positions and General Schedule pay rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for an individual hired under 
this paragraph shall not exceed the rate 
payable for level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. 
(8) REPORTING AND CONSULTATION.—The Di-
rector shall— 
(A) periodically report to the Secretary 
with respect to activities carried out by the In-
stitute; and 
(B) consult regularly with the Secretary to 
ensure, to the maximum extent practicable, 
that— 
(i) research of the Institute is relevant 
to agriculture in the United States and 
otherwise serves the national interest; and 
(ii) the research of the Institute sup-
plements and enhances, and does not re-
place, research conducted or funded by— 
(I) other agencies of the Depart-
ment; 
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(II) the National Science Foun-
dation; or 
(III) the National Institutes of 
Health. 
SEC. 5. COMMITTEES AND OFFICES OF INSTITUTE. 
(a) STANDING SCIENTIFIC COMMITTEES.— 
(1) IN GENERAL.—The Director may establish 
such number of standing scientific committees with-
in the Institute as the Director determines to be ap-
propriate. 
(2) COMPOSITION.—A standing scientific com-
mittee established under paragraph (1) shall consist 
of such members of the Council appointed under sec-
tion 4(d)(2)(B)(i) as the Director may select. 
(3) TERM.—Members of a standing scientific 
committee established under paragraph (1) shall 
serve for staggered, 4-year terms, as determined by 
the Director. 
(4) REVIEW OF PROPOSALS.— 
(A) IN
GENERAL.—A standing scientific 
committee shall apply rigorous merit review to 
research proposals received by the Institute to 
ensure, to the maximum extent practicable, that 
research funded by the Institute is scientifically 
of high quality. 
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(B) 
DETERMINATION
OF
SCIENTIFIC 
MERIT.—A research proposal received by the 
Institute and reviewed by a standing scientific 
committee under subparagraph (A) shall be— 
(i) assigned a score based on the sci-
entific merit of the proposal, as determined 
by the standing scientific committee; and 
(ii) if approved by the standing sci-
entific committee, forwarded, along with 
the score, to the Council for final review. 
(C) DECLINATION OF PROPOSALS.—If the 
Council determines that a research proposal 
forwarded under this paragraph does not meet 
standards of scientific review established by a 
standing scientific committee or any similar 
standard established by the Director, the Coun-
cil shall decline to recommend the research pro-
posal for funding by the Institute. 
(5) AD HOC REVIEW MEMBERS.—The Director 
may supplement a standing scientific committee 
under this subsection with 1 or more ad hoc review-
ers in a case in which a research proposal received 
by the Institute requires specialized knowledge not 
represented on that or any other standing scientific 
committee. 
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