960 
(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 members of the Board have ac-
tual experience in agricultural re-
search and, to the extent practicable, 
represent diverse sectors of agri-
culture. 
(II) LIMITATION.—No employee 
of the Federal Government may serve 
as an appointed member of the Board 
under this subparagraph. 
(III) NOT
FEDERAL
EMPLOY-
MENT.—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 indi-
vidual to serve as Chair of the Board. 
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(3) INITIAL MEETING.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall convene a meeting of the ex-officio mem-
bers 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 Founda-
tion that, at a minimum, include— 
(I) policies for the selection of fu-
ture Board members, officers, employ-
ees, agents, and contractors of the 
Foundation; 
(II) policies, including ethical 
standards, for— 
(aa) the acceptance, solicita-
tion, and disposition of donations 
and grants to the Foundation; 
and 
(bb) the disposition of assets 
of the Foundation, including ap-
propriate limits on the ability of 
donors to designate, by stipula-
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tion or restriction, the use or re-
cipient of donated funds; 
(III) policies that would subject 
all employees, fellows, trainees, and 
other agents of the Foundation (in-
cluding members of the Board) to the 
conflict of interest standards under 
section 208 of title 18, United States 
Code; 
(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 Founda-
tion, including a cap on administrative 
expenses for recipients of a grant, 
contract, or cooperative agreement 
from the Foundation; and 
(VI) specific duties for the Exec-
utive Director; 
(ii) prioritize and provide overall di-
rection for the activities of the Foundation; 
(iii) evaluate the performance of the 
Executive Director; and 
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963 
(iv) carry out any other necessary ac-
tivities regarding the Foundation. 
(B) ESTABLISHMENT OF BYLAWS.—In es-
tablishing 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 com-
promise, the integrity of any governmental 
agency or program, or any officer or em-
ployee employed by or involved in a govern-
mental 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. 
(ii) PARTIAL TERMS.—If a member of 
the Board does not serve the full term ap-
plicable under clause (i), the individual ap-
pointed to fill the resulting vacancy shall 
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agency, political subdivision, or local gov-
ernmental agency if the Secretary deter-
mines that the State agency, political sub-
division, or local governmental agency 
demonstrates that the disclosure is re-
quired for implementing the State pro-
gram. 
‘‘(ii) RESTRICTION.—Any information 
disclosed to a State agency, political sub-
division, or local governmental agency 
under clause (i) shall be— 
‘‘(I) used solely by the State 
agency, political subdivision, or local 
governmental agency; and 
‘‘(II) exempt from disclosure to 
the public, including under any State 
law that allows a citizen to petition a 
State agency for that information.’’. 
SEC. 12203. GRANTS TO IMPROVE SUPPLY, STABILITY, 
SAFETY, AND TRAINING OF AGRICULTURAL 
LABOR FORCE. 
Section 14204(d) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 2008q–1(d)) is amended to 
read as follows: 
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