dreamproit/uscode huggingface dataset:
7 U.S.C. § 6810 (AGRICULTURE)
§ 6810. Confidentiality
(a) Prohibition
No information on how a person voted in a referendum conducted under this chapter shall be made public.
(b) Penalty
Any person who knowingly violates subsection (a) of this section or the confidentiality terms of an order, as described in section 6804(j)(2) of this title, shall be subject to a fine of not less than $1,000 nor more than $10,000 or to imprisonment for not more than 1 year, or both. If the person is an officer or employee of the Department of Agriculture or the PromoFlor Council, the person shall be removed from office.
(c) Additional prohibition
No information obtained under this chapter may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this chapter or an investigatory or enforcement action necessary for the implementation of this chapter.
(d) Withholding information from Congress prohibited
Nothing in this chapter shall be construed to authorize the withholding of information from Congress.
(Pub. L. 103–190, § 11, Dec. 14, 1993, 107 Stat. 2288.)
7 U.S.C. § 6811 (AGRICULTURE)
§ 6811. Authority for Secretary to suspend or terminate order
If the Secretary finds that an order, or any provision of the order, obstructs or does not tend to effectuate the policy of this chapter specified in section 6801(b) of this title, the Secretary shall terminate or suspend the operation of the order or provision under such terms as the Secretary determines are appropriate.
(Pub. L. 103–190, § 12, Dec. 14, 1993, 107 Stat. 2289.)
7 U.S.C. § 6812 (AGRICULTURE)
§ 6812. Construction
(a) Termination or suspension not an order
The termination or suspension of an order, or a provision of an order, shall not be considered an order under the meaning of this chapter.
(b) Producer rights
This chapter—
(1) may not be construed to provide for control of production or otherwise limit the right of individual cut flowers and cut greens producers to produce cut flowers and cut greens; and
(2) shall be construed to treat all persons producing cut flowers and cut greens fairly and to implement any order in an equitable manner.
(c) Other programs
Nothing in this chapter may be construed to preempt or supersede any other program relating to cut flowers or cut greens promotion and consumer information organized and operated under the laws of the United States or a State.
(Pub. L. 103–190, § 13, Dec. 14, 1993, 107 Stat. 2289.)
7 U.S.C. § 6813 (AGRICULTURE)
§ 6813. Regulations
The Secretary may issue such regulations as are necessary to carry out this chapter and the powers vested in the Secretary by this chapter, including regulations relating to the assessment of late payment charges and interest.
(Pub. L. 103–190, § 14, Dec. 14, 1993, 107 Stat. 2289.)
7 U.S.C. § 6814 (AGRICULTURE)
§ 6814. Authorization of appropriations
(a) In general
There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this chapter.
(b) Administrative expenses
Funds appropriated under subsection (a) of this section may not be used for the payment of the expenses or expenditures of the PromoFlor Council in administering a provision of an order.
(Pub. L. 103–190, § 15, Dec. 14, 1993, 107 Stat. 2289.)
7 U.S.C. § 6901 (AGRICULTURE)
§ 6901. Purpose
The purpose of this chapter is to provide the Secretary of Agriculture with the necessary authority to streamline and reorganize the Department of Agriculture to achieve greater efficiency, effectiveness, and economies in the organization and management of the programs and activities carried out by the Department.
(Pub. L. 103–354, title II, § 202, Oct. 13, 1994, 108 Stat. 3209.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note below and Tables.
heading: Short Title of 2000 Amendment
text: Pub. L. 106–222, § 1, June 20, 2000, 114 Stat. 353, provided that: “This Act [enacting subchapter X of this chapter] may be cited as the ‘Freedom to E-File Act’.”
heading: Short Title
text: Pub. L. 103–354, § 1(a), Oct. 13, 1994, 108 Stat. 3178, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994’.”
Pub. L. 103–354, title II, § 201(a), Oct. 13, 1994, 108 Stat. 3209, provided that: “This title [see Tables for classification] may be cited as the ‘Department of Agriculture Reorganization Act of 1994’.”
7 U.S.C. § 6902 (AGRICULTURE)
§ 6902. Definitions
Except where the context requires otherwise, for purposes of this chapter:
(1) Department
The term “Department” means the Department of Agriculture.
(2) National Appeals Division
The term “National Appeals Division” means the National Appeals Division of the Department established under section 6992 of this title.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(4) Function
The term “function” means an administrative, financial, or regulatory activity of an agency, office, officer, or employee of the Department.
(Pub. L. 103–354, title II, § 203, Oct. 13, 1994, 108 Stat. 3209.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables.
7 U.S.C. § 6911 (AGRICULTURE)
§ 6911. Transfer of Department functions to Secretary of Agriculture
(a) Transfer of functions
Except as provided in subsection (b) of this section, there are transferred to the Secretary of Agriculture all functions of all agencies, offices, officers, and employees of the Department that are not already vested in the Secretary on October 13, 1994.
(b) Exceptions
Subsection (a) of this section shall not apply to the following functions:
(1) Functions vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department.
(2) Functions vested by the Inspector General Act of 1978 (5 U.S.C. App.) in the Inspector General of the Department.
(3) Functions vested by chapter 9 of title 31 in the Chief Financial Officer of the Department.
(4) Functions vested in the corporations of the Department or the boards of directors and officers of such corporations.
(Pub. L. 103–354, title II, § 211, Oct. 13, 1994, 108 Stat. 3209; Pub. L. 104–127, title VII, § 722(c), Apr. 4, 1996, 110 Stat. 1115; Pub. L. 107–171, title VI, § 6201(d)(3), May 13, 2002, 116 Stat. 419.)
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (b)(2), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2002—Subsec. (b)(5). Pub. L. 107–171 struck out par. (5) which read as follows: “Functions vested in the Corporate Board of the Alternative Agricultural Research and Commercialization Corporation by the Alternative Agricultural Research and Commercialization Act of 1990 (7 U.S.C. 5901 et seq.).”
1996—Subsec. (b)(5). Pub. L. 104–127 substituted “Corporate Board of the Alternative Agricultural Research and Commercialization Corporation” for “Alternative Agricultural Research and Commercialization Board”.
7 U.S.C. § 6913 (AGRICULTURE)
§ 6913. Reductions in number of Department personnel
(a) Definitions
For purposes of this section:
(1) Headquarters offices
The term “headquarters offices”, with respect to agencies, offices, or other administrative units of the Department, means the offices, functions, and employee positions that are located or performed—
(A) in Washington, District of Columbia; or
(B) in such other locations as are identified by the Secretary for purposes of this section.
(2) Field structure
The term “field structure” means the offices, functions, and employee positions of all agencies, offices, or other administrative units of the Department, other than the headquarters offices, except that the term does not include State, county, or area committees established under section 590h(b)(5) of title 16. The term includes the physical and geographic locations of such agencies, offices, or other administrative units.
(b) Number of reductions required
The Secretary shall achieve Federal employee reductions of at least 7,500 staff years within the Department by the end of fiscal year 1999. Reductions in the number of full-time equivalent positions within the Department achieved under section 5 of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note) shall be counted toward the employee reductions required under this section.
(c) Emphasis on headquarters offices reductions
In achieving the employee reductions required by subsection (b) of this section, the Secretary shall pursue a goal so that the percentage of the total number of employee staff years reduced in headquarters offices is at least twice the percentage of the total number of employee staff years reduced in the field structure.
(d) Schedule
The personnel reductions in headquarters offices and in the field structure should be accomplished concurrently in a manner determined by the Secretary.
(Pub. L. 103–354, title II, § 213, Oct. 13, 1994, 108 Stat. 3211.)
7 U.S.C. § 6914 (AGRICULTURE)
§ 6914. Consolidation of headquarters offices
Subject to the availability of appropriated funds for this purpose, the Secretary shall develop and carry out a plan to consolidate offices located in Washington, District of Columbia, of agencies, offices, and other administrative units of the Department.
(Pub. L. 103–354, title II, § 214, Oct. 13, 1994, 108 Stat. 3211.)
7 U.S.C. § 6915 (AGRICULTURE)
§ 6915. Combination of field offices
(a) Combination of offices required
Where practicable and to the extent consistent with efficient, effective, and improved service, the Secretary shall combine field offices of agencies within the Department to reduce personnel and duplicative overhead expenses.
(b) Joint use of resources and offices required
When two or more agencies of the Department share a common field office, the Secretary shall require the agencies to jointly use office space, equipment, office supplies, administrative personnel, and clerical personnel associated with that field office.
(Pub. L. 103–354, title II, § 215, Oct. 13, 1994, 108 Stat. 3211.)
7 U.S.C. § 6916 (AGRICULTURE)
§ 6916. Improvement of information sharing
Whenever the Secretary procures or uses computer systems, as may be provided for in advance in appropriations Acts, the Secretary shall do so in a manner that enhances efficiency, productivity, and client services and is consistent with the goal of promoting computer information sharing among agencies of the Department.
(Pub. L. 103–354, title II, § 216, Oct. 13, 1994, 108 Stat. 3212.)
7 U.S.C. § 6917 (AGRICULTURE)
§ 6917. Reports by Secretary
(a) In general
Subject to subsection (b) of this section, notwithstanding any other provision of law, the Secretary may, but shall not be required to, prepare and submit any report solely to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(b) Limitation
For each fiscal year, the Secretary may not prepare and submit more than 30 reports referred to in subsection (a) of this section.
(c) Selection of reports
In consultation with the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Secretary shall determine which reports, if any, the Secretary will prepare and submit in accordance with subsection (b) of this section.
(Pub. L. 103–354, title II, § 217, Oct. 13, 1994, 108 Stat. 3212.)
7 U.S.C. § 6919 (AGRICULTURE)
§ 6919. Repealed. Pub. L. 105–277, div. A, § 101(e) [title III, § 362], Oct. 21, 1998, 112 Stat. 2681–231, 2681–305
text: Section, Pub. L. 103–354, title II, § 219, Oct. 13, 1994, 108 Stat. 3213, provided that compensation of any officer or employee of the Department on Oct. 13, 1994, was not to be increased as a result of enactment of this chapter.
7 U.S.C. § 6920 (AGRICULTURE)
§ 6920. Office of Energy Policy and New Uses
The Secretary shall establish for the Department, in the Office of the Secretary, an Office of Energy Policy and New Uses.
(Pub. L. 103–354, title II, § 220, as added Pub. L. 105–185, title VI, § 602, June 23, 1998, 112 Stat. 585.)
7 U.S.C. § 6931 (AGRICULTURE)
§ 6931. Under Secretary of Agriculture for Farm and Foreign Agricultural Services
(a) Authorization
The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm and Foreign Agricultural Services.
(b) Confirmation required
If the Secretary establishes the position of Under Secretary of Agriculture for Farm and Foreign Agricultural Services authorized under subsection (a) of this section, the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Functions of Under Secretary
(1) Principal functions
Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Farm and Foreign Agricultural Services those functions under the jurisdiction of the Department that are related to farm and foreign agricultural services.
(2) Additional functions
The Under Secretary of Agriculture for Farm and Foreign Agricultural Services shall perform such other functions as may be required by law or prescribed by the Secretary.
(d) Succession
Any official who is serving as Under Secretary of Agriculture for International Affairs and Commodity Programs on October 13, 1994, and who was appointed 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).
(Pub. L. 103–354, title II, § 225, Oct. 13, 1994, 108 Stat. 3213.)
heading: Codification
text: Section is comprised of section 225 of Pub. L. 103–354. Subsec. (e) of section 225 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees, and repealed section 5691 of this title.
7 U.S.C. § 6932a (AGRICULTURE)
§ 6932a. Prohibition on closure or relocation of county offices for the Farm Service Agency
(a) Temporary prohibition
(1) In general
Subject to paragraph (2), until the date that is two years after the date of the enactment of this Act, the Secretary of Agriculture may not close or relocate a county or field office of the Farm Service Agency.
(2) Exception
Paragraph (1) shall not apply to—
(A) an office that is located not more than 20 miles from another office of the Farm Service Agency; or
(B) the relocation of an office within the same county in the course of routine leasing operations.
(b) Limitation on closure; notice
(1) Limitation
After the period referred to in subsection (a)(1), the Secretary shall, before closing any office of the Farm Service Agency that is located more than 20 miles from another office of the Farm Service Agency, to the maximum extent practicable, first close any offices of the Farm Service Agency that—
(A) are located less than 20 miles from another office of the Farm Service Agency; and
(B) have two or fewer permanent full-time employees.
(2) Notice
After the period referred to in subsection (a)(1), the Secretary of Agriculture may not close a county or field office of the Farm Service Agency unless—
(A) not later than 30 days after the Secretary proposes to close such office, the Secretary holds a public meeting regarding the proposed closure in the county in which such office is located; and
(B) after the public meeting referred to in subparagraph (A), but not less than 90 days before the date on which the Secretary approves the closure of such office, the Secretary notifies the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate, each Senator representing the State in which the office proposed to be closed is located, and the member of the House of Representatives who represents the Congressional district in which the office proposed to be closed is located of the proposed closure of such office.
(Pub. L. 110–234, title XIV, § 14212, May 22, 2008, 122 Stat. 1465; Pub. L. 110–246, § 4(a), title XIV, § 14212, June 18, 2008, 122 Stat. 1664, 2227.)
heading: References in Text
text: The date of the enactment of this Act, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 6933 (AGRICULTURE)
§ 6933. Office of Risk Management
(a) Establishment
Subject to subsection (e) 1 of this section, the Secretary shall establish and maintain in the Department an independent Office of Risk Management.
(b) Functions of Office of Risk Management
The Office of Risk Management shall have jurisdiction over the following functions:
(1) Supervision of the Federal Crop Insurance Corporation.
(2) Administration and oversight of all aspects, including delivery through local offices of the Department, of all programs authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(3) Any pilot or other programs involving revenue insurance, risk management savings accounts, or the use of the futures market to manage risk and support farm income that may be established under the Federal Crop Insurance Act or other law.
(4) Such other functions as the Secretary considers appropriate.
(c) Administrator
(1) Appointment
The Office of Risk Management shall be headed by an Administrator who shall be appointed by the Secretary.
(2) Manager
The Administrator of the Office of Risk Management shall also serve as Manager of the Federal Crop Insurance Corporation.
(d) Resources
(1) Functional coordination
Certain functions of the Office of Risk Management, such as human resources, public affairs, and legislative affairs, may be provided by a consolidation of such functions under the Under Secretary of Agriculture for Farm and Foreign Agricultural Services.
(2) Minimum provisions
Notwithstanding paragraph (1) or any other provision of law or order of the Secretary, the Secretary shall provide the Office of Risk Management with human and capital resources sufficient for the Office to carry out its functions in a timely and efficient manner.
(Pub. L. 103–354, title II, § 226A, as added Pub. L. 104–127, title I, § 194(a), Apr. 4, 1996, 110 Stat. 945.)
heading: References in Text
text: The Federal Crop Insurance Act, referred to in subsec. (b)(2), (3), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.
7 U.S.C. § 6941 (AGRICULTURE)
§ 6941. Under Secretary of Agriculture for Rural Development
(a) Authorization
The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Rural Development.
(b) Confirmation required
If the Secretary establishes the position of Under Secretary of Agriculture for Rural Development authorized under subsection (a) of this section, the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Functions of Under Secretary
(1) Principal functions
Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Rural Development those functions under the jurisdiction of the Department that are related to rural economic and community development.
(2) Additional functions
The Under Secretary of Agriculture for Rural Development shall perform such other functions as may be required by law or prescribed by the Secretary.
(d) Succession
Any official who is serving as Under Secretary of Agriculture for Small Community and Rural Development on October 13, 1994, and who was appointed 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).
(e) Loan approval authority
Approval authority for loans and loan guarantees in connection with the electric and telephone loan and loan guarantee programs authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) shall not be transferred to, or conditioned on review of, a State director or other employee whose primary duty is not the review and approval of such loans or the provision of assistance to such borrowers.
(Pub. L. 103–354, title II, § 231, Oct. 13, 1994, 108 Stat. 3218; Pub. L. 104–127, title VII, § 794(a), Apr. 4, 1996, 110 Stat. 1155.)
heading: References in Text
text: The Rural Electrification Act of 1936, referred to in subsec. (e), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which is classified generally to chapter 31 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables.
heading: Codification
text: Section is comprised of section 231 of Pub. L. 103–354. Subsec. (f) of section 231 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees, and repealed sections 2006f and 2211b of this title.
heading: Amendments
text: 1996—Pub. L. 104–127 struck out “Economic and Community” after “Under Secretary of Agriculture for Rural”, wherever appearing in section catchline and subsecs. (a) to (c).