110 STAT. 1192 PUBLIC LAW 104-127—APR. 4, 1996 (1) GRADUATE SCHOOL.—The term "Graduate School" means the Graduate School of the Department of Agriculture. (2) BOARD.— The term "Board" means the General Administration 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 connection 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 performance 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 Graduate School; (C) exercise general supervision over the administration 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).
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