§5902. Alternative Agricultural Research and Commercialization Corporation

(a) Establishment

To carry out this subchapter, there is created a body corporate to be known as the Alternative Agricultural Research and Commercialization Corporation, which shall be an agency of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary, except as specifically provided for in this subchapter.

(b) Purpose

The purpose of the Corporation is to-

(1) expedite the development and market penetration of industrial, nonfood, nonfeed products from agricultural and forestry materials; and

(2) assist the private sector in bridging the gap between the results of research into nonfood, nonfeed products and the commercialization of the research.

(c) Place of incorporation

The Corporation shall be incorporated in the District of Columbia.

(d) Central office

The Secretary shall provide facilities for the principal office of the Corporation within the Washington, D.C., metropolitan area.

(e) Wholly-owned Government corporation

The Corporation shall be considered a wholly-owned government ¹ corporation in accordance with chapter 91 of title 31.

(f) General powers

In addition to any other powers granted to the Corporation under this subchapter, the Corporation-

(1) shall have succession in its corporate name;

(2) may adopt, alter, and rescind any bylaw and adopt and alter a corporate seal, which shall be judicially noticed;

(3) may enter into any agreement or contract with a person or private or governmental agency, except that the Corporation shall not provide any financial assistance unless specifically authorized by this subchapter;

(4) may lease, purchase, accept a gift or donation of, or otherwise acquire, use, own, hold, improve, or otherwise deal in or with, and sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of, any property or interest in property, as the Corporation considers necessary in the transaction of the business of the Corporation, except that this paragraph shall not provide authority for carrying out a program of real estate investment;

(5) may sue and be sued in the corporate name of the Corporation, except that-

(A) no attachment, injunction, garnishment, or similar process shall be issued against the Corporation or property of the Corporation; and

(B) exclusive original jurisdiction shall reside in the district courts of the United States, but the Corporation may intervene in any court in any suit, action, or proceeding in which the Corporation has an interest;

(6) may independently retain legal representation;

(7) may provide for and designate such committees, and the functions of the committees, as the Corporate Board considers necessary or desirable;

(8) may indemnify the Executive Director and other officers of the Corporation, as the Corporate Board considers necessary and desirable, except that the Executive Director and officers shall not be indemnified for an act outside the scope of employment;

(9) may, with the consent of any board, commission, independent establishment, or executive department of the Federal Government, including any field service, use information, services, facilities, officials, and employees in carrying out this subchapter, and pay for the use, which payments shall be transferred to the applicable appropriation account that incurred the expense;

(10) may obtain the services and fix the compensation of any consultant and otherwise procure temporary and intermittent services under section 3109(b) of title 5;

(11) may use the United States mails on the same terms and conditions as the Executive agencies of the Federal Government;

(12) shall have the rights, privileges, and immunities of the United States with respect to the right to priority of payment with respect to debts due from bankrupt, insolvent, or deceased creditors;

(13) may collect or compromise any obligations assigned to or held by the Corporation, including any legal or equitable rights accruing to the Corporation;

(14) shall determine the character of, and necessity for, obligations and expenditures of the Corporation and the manner in which the obligations and expenditures shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to Government corporations;

(15) may make final and conclusive settlement and adjustment of any claim by or against the Corporation or a fiscal officer of the Corporation;

(16) may sell assets, loans, and equity interests acquired in connection with the financing of projects funded by the Corporation; and

(17) may exercise all other lawful powers necessarily or reasonably related to the establishment of the Corporation to carry out this subchapter and the powers, purposes, functions, duties, and authorized activities of the Corporation.

(g) Specific powers

To carry out this subchapter, the Corporation may-

(1) make grants to, and enter into cooperative agreements and contracts with, eligible applicants for research, development, and demonstration projects in accordance with section 5904 of this title;

(2) make loans and interest subsidy payments and invest venture capital in accordance with section 5905 of this title;

(3) collect and disseminate information concerning State, regional, and local commercialization projects;

(4) search for new nonfood, nonfeed products that may be produced from agricultural commodities and for processes to produce the products;

(5) administer, maintain, and dispense funds from the Fund to facilitate the conduct of activities under this subchapter; and

(6) engage in other activities incident to carrying out the functions of the Corporation.

( Pub. L. 101–624, title XVI, §1658, Nov. 28, 1990, 104 Stat. 3757 ; Pub. L. 102–237, title IV, §405(a), Dec. 13, 1991, 105 Stat. 1864 ; Pub. L. 104–127, title VII, §722(a), Apr. 4, 1996, 110 Stat. 1113 .)

Amendments

1996-Pub. L. 104–127 amended section generally, substituting present provisions for provisions relating to establishment of Alternative Agricultural Research and Commercialization Center, including provisions relating to functions, appointment, compensation and responsibilities of Director, staff, and experts and consultants.

1991-Subsec. (d)(2), (3). Pub. L. 102–237 substituted "; and" for period at end of par. (2) and a period for "; and" at end of par. (3).

Business Plan and Feasibility Study and Report

Section 730 of Pub. L. 104–127 provided that:

"(a) Business Plan.-Not later than 180 days after the date of enactment of this Act [Apr. 4, 1996], the Alternative Agricultural Research and Commercialization Corporation established by section 1658 of the Food, Agriculture, Conservation, and Trade Act of 1990 [7 U.S.C. 5902] shall-

"(1) develop a 5-year business plan pursuant to section 1659(c)(1)(E) of the Act [7 U.S.C. 5903(c)(1)(E)]; and

"(2) submit the plan to the Secretary of Agriculture, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

"(b) Feasibility Study and Report.-

"(1) Study.-The Secretary of Agriculture shall conduct a study of, and prepare a report on, the continued feasibility of the Alternative Agricultural Research and Commercialization Corporation. In conducting the study, the Secretary shall examine options for privatizing the Corporation and converting the Corporation to a Government-sponsored enterprise.

"(2) Report.-Not later than December 31, 2001, the Secretary shall transmit the report required by paragraph (1) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate."

Section Referred to in Other Sections

This section is referred to in sections 5901, 5903, 7624 of this title.

¹ So in original. Probably should be capitalized.