### §6918. Assistant Secretaries of Agriculture

#### (a) Authorization

The Secretary is authorized to establish in the Department the positions of—

(1) Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs;

(2) Assistant Secretary of Agriculture for Administration; and

(3) Assistant Secretary of Agriculture for Civil Rights.

#### (b) Confirmation required

If the Secretary establishes any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a), the Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

#### (c) Duties of Assistant Secretary of Agriculture for Civil Rights

The Secretary may delegate to the Assistant Secretary for Civil Rights responsibility for—

(1) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department;

(2) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and

(3) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department.

(Pub. L. 103–354, title II, §218, Oct. 13, 1994, 108 Stat. 3212; Pub. L. 105–277, div. A, §101(a) [title X, §1001(1)], Oct. 21, 1998, 112 Stat. 2681, 2681–41; Pub. L. 107–171, title X, §10704(a), May 13, 2002, 116 Stat. 518; Pub. L. 112–166, §2(a)(1), Aug. 10, 2012, 126 Stat. 1283; Pub. L. 115–334, title XII, §§12401(a), 12415(b)(1), Dec. 20, 2018, 132 Stat. 4971, 4981.)

#### **Editorial Notes**

#### Amendments

2018—Subsec. (a)(1). Pub. L. 115–334, §12401(a), substituted "Relations and Intergovernmental Affairs" for "Relations".

Subsecs. (c), (d). Pub. L. 115–334, §12415(b)(1), amended this section, as in effect on the day before the effective date of the amendments made by section 2(a)(1) of Pub. L. 112–166, by redesignating subsec. (d) as (c) and striking out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "Any official who is serving as Assistant Secretary of Agriculture for Administration or Assistant Secretary of Agriculture for Congressional Relations on October 13, 1994, and who was appointed as such Assistant Secretary by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) of this section to the successor position authorized under subsection (a) of this section if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession)." See 2012 Amendment note and Effective Date of 2012 Amendment note below.

2012—Subsec. (b). Pub. L. 112–166, §2(a)(1)(A), substituted "paragraph (1) or (3) of subsection (a)" for "subsection (a)".

Subsecs. (c), (d). Pub. L. 112–166, §2(a)(1)(B), (C), which directed that subsec. (b) be amended by striking out subsec. (c) and redesignating subsec. (d) as (c), was executed by making the amendment to the entire section, striking out subsec. (c) and redesignating subsec. (d) as (c), to reflect the probable intent of Congress. Prior to amendment, text of subsec. (c) read as follows: "Any official who is serving as Assistant Secretary of Agriculture for Administration or Assistant Secretary of Agriculture for Congressional Relations on October 13, 1994, and who was appointed as such Assistant Secretary by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) of this section to the successor position authorized under subsection (a) of this section if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession)."

2002—Subsec. (a)(3). Pub. L. 107–171, §10704(a)(1), added par. (3).

Subsecs. (d), (e). Pub. L. 107–171, §10704(a)(2), added subsec. (d) and struck out former subsecs. (d) and (e), which amended section 5315 of Title 5, Government Organization and Employees, and section 3128 of this title and repealed sections 2212 to 2212c of this title and section 2 of Reorg. Plan No. 2 of 1953, set out as a note under section 2201 of this title.

1998—Subsec. (a). Pub. L. 105–277 inserted "and" at end of par. (1), substituted a period for "; and" at end of par. (2), and struck out par. (3) which read as follows: "Assistant Secretary of Agriculture for Marketing and Regulatory Programs."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Pub. L. 115–334, title XII, §12415(b)(2), Dec. 20, 2018, 132 Stat. 4981, provided that: "The amendments made by paragraph (1) [amending this section] take effect on the effective date described in section 6(a) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1295) [see Effective Date of 2012 Amendment note below]."

#### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

#### Succession of Assistant Secretary of Agriculture for Congressional Relations

Pub. L. 115–334, title XII, §12401(b), Dec. 20, 2018, 132 Stat. 4971, provided that: "Any official who is serving as the Assistant Secretary of Agriculture for Congressional Relations on the date of enactment of this Act [Dec. 20, 2018] and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed as a result of the change made to the name of that position under the amendment made by subsection (a) [amending this section]."