dreamproit/uscode huggingface dataset:
7 U.S.C. § 6941a (AGRICULTURE)
§ 6941a. Coordinator for Chronically Underserved Rural Areas
(a) Establishment
The Secretary of Agriculture shall establish a Coordinator for Chronically Underserved Rural Areas (in this section referred to as the “Coordinator”), to be located in the Rural Development Mission Area.
(b) Mission
The mission of the Coordinator shall be to direct Department of Agriculture resources to high need, high poverty rural areas.
(c) Duties
The Coordinator shall consult with other offices in directing technical assistance, strategic regional planning, at the State and local level, for developing rural economic development that leverages the resources of State and local governments and non-profit and community development organizations.
(d) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012.
(Pub. L. 110–234, title XIV, § 14218, May 22, 2008, 122 Stat. 1482; Pub. L. 110–246, § 4(a), title XIV, § 14218, June 18, 2008, 122 Stat. 1664, 2244.)
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 L. 110–234 was repealed by section 4(a) of Pub.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. § 6943 (AGRICULTURE)
§ 6943. Rural Housing and Community Development Service
(a) Establishment authorized
Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate.
(b) Functions
If the Secretary establishes the Rural Housing and Community Development Service under subsection (a) of this section, the Secretary is authorized to assign to the Service jurisdiction over the following:
(1) Programs and activities under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).
(2) Programs and activities that relate to rural community lending programs, including programs authorized by section 2008d of this title.
(Pub. L. 103–354, title II, § 233, Oct. 13, 1994, 108 Stat. 3219; Pub. L. 104–127, title VII, §§ 747(b)(3), 753(b)(2), Apr. 4, 1996, 110 Stat. 1128, 1131.)
heading: References in Text
text: The Housing Act of 1949, referred to in subsec. (b)(1), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.
heading: Amendments
text: 1996—Subsec. (b)(2), (3). Pub. L. 104–127 redesignated par. (3) as (2), substituted “section 2008d of this title” for “sections 2008 through 2008d of this title”, and struck out former par. (2) which read as follows: “Programs and activities authorized under section 1932(i) of this title and related provisions of law.”
7 U.S.C. § 6944 (AGRICULTURE)
§ 6944. Rural Business and Cooperative Development Service
(a) Establishment authorized
Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Business and Cooperative Development Service and to assign to the Service such functions as the Secretary considers appropriate.
(b) Functions
If the Secretary establishes the Rural Business and Cooperative Development Service under subsection (a) of this section, the Secretary is authorized to assign to the Service jurisdiction over the following:
(1) Section 313 and title V of the Rural Electrification Act of 1936 (7 U.S.C. 940c and 950aa et seq.).
(2) Subtitle G 1 of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990.
(3) Sections 306(a)(1) and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1) and 1932).
(4) Section 1323 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note).
(5) The Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 et seq.).
(Pub. L. 103–354, title II, § 234, Oct. 13, 1994, 108 Stat. 3220.)
heading: References in Text
text: The Rural Electrification Act of 1936, referred to in subsec. (b)(1), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended. Title V of the Act is classified generally to subchapter V (§ 950aa et seq.) of chapter 31 of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables.
The Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (b)(2), is Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359, as amended. Subtitle G of title XVI of the Act, known as the Alternative Agricultural Research and Commercialization Act of 1990, was classified generally to subchapter VI (§ 5901 et seq.) of chapter 88 of this title prior to repeal by Pub. L. 107–171, title VI, § 6201(a), May 13, 2002, 116 Stat. 418. For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under section 1421 of this title and Tables.
Act of July 2, 1926, referred to in subsec. (b)(5), is act July 2, 1926, ch. 725, 44 Stat. 802, which is classified generally to chapter 18 (§ 451 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
7 U.S.C. § 6951 (AGRICULTURE)
§ 6951. Under Secretary of Agriculture for Food, Nutrition, and Consumer Services
(a) Authorization
The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
(b) Confirmation required
If the Secretary establishes the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer 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 Food, Nutrition, and Consumer Services those functions under the jurisdiction of the Department that are related to food, nutrition, and consumer services (except as provided in section 6981(b)(1) of this title).
(2) Additional functions
The Under Secretary of Agriculture for Food, Nutrition, and Consumer 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 Assistant Secretary of Agriculture for Food and Consumer Services 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, § 241, Oct. 13, 1994, 108 Stat. 3222.)
heading: Codification
text: Section is comprised of section 241 of Pub. L. 103–354. Subsec. (e) of section 241 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees.
7 U.S.C. § 6961 (AGRICULTURE)
§ 6961. Under Secretary of Agriculture for Natural Resources and Environment
(a) Authorization
The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Natural Resources and Environment.
(b) Confirmation required
If the Secretary establishes the position of Under Secretary of Agriculture for Natural Resources and Environment 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 Natural Resources and Environment those functions under the jurisdiction of the Department that are related to natural resources and environment (except to the extent those functions are delegated under section 6932 of this title).
(2) Additional functions
The Under Secretary of Agriculture for Natural Resources and Environment shall perform such other functions and duties as may be required by law or prescribed by the Secretary.
(d) Succession
Any official who is serving as Assistant Secretary of Agriculture for Natural Resources and Environment 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, § 245, Oct. 13, 1994, 108 Stat. 3223.)
heading: Codification
text: Section is comprised of section 245 of Pub. L. 103–354. Subsec. (e) of section 245 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees.
7 U.S.C. § 6962a (AGRICULTURE)
§ 6962a. Cooperative agreements
Notwithstanding any other provision of law (including provisions of law requiring competition), the Secretary of Agriculture may on and after October 28, 2000, enter into cooperative agreements (which may provide for the acquisition of goods or services, including personal services) with a State, political subdivision, or agency thereof, a public or private agency, organization, or any other person, if the Secretary determines that the objectives of the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Natural Resources Conservation Service; and (2) all parties will contribute resources to the accomplishment of these objectives: Provided, That Commodity Credit Corporation funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998.
(Pub. L. 106–387, § 1(a) [title VII, § 714], Oct. 28, 2000, 114 Stat. 1549, 1549A–30.)
heading: Codification
text: Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter.
7 U.S.C. § 6963 (AGRICULTURE)
§ 6963. Reorganization of Forest Service
(a) Required elements of reorganization proposals
Reorganization proposals that are developed by the Secretary to carry out the designation by the President of the Forest Service as a Reinvention Lab pursuant to the National Performance Review, dated September 1993, shall include proposals for—
(1) reorganizing the Service in a manner that is consistent with the principles of interdisciplinary planning;
(2) redefining and consolidating the mission and roles of, and research conducted by, employees of the Service in connection with the National Forest System and State and private forestry to facilitate interdisciplinary planning and to eliminate functionalism;
(3) reforming the budget structure of the Service to support interdisciplinary planning, including reducing the number of budget line items;
(4) defining new measures of accountability so that Congress may meet the constitutional obligation of Congress to oversee the Service;
(5) achieving structural and organizational consolidations;
(6) to the extent practicable, sharing office space, equipment, vehicles, and electronic systems with other administrative units of the Department and other Federal field offices, including proposals for using an on-line system by all administrative units of the Department to maximize administrative efficiency; and
(7) reorganizing the Service in a manner that will result in a larger percentage of employees of the Service being retained at organizational levels below regional offices, research stations, and the area office of the Service.
(b) Report
Not later than March 31, 1995, the Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that describes actions taken to carry out subsection (a) of this section, identifies any disparities in regional funding patterns, and contains the rationale behind the disparities.
(Pub. L. 103–354, title II, § 247, Oct. 13, 1994, 108 Stat. 3225.)
7 U.S.C. § 6972 (AGRICULTURE)
§ 6972. Program staff
In making the personnel reductions required under section 6913 of this title, the Secretary shall reduce the number of Federal research and education personnel of the Department by a percentage equal to at least the percentage of overall Department personnel reductions. The Secretary shall achieve such reduction in research and education personnel in a manner that minimizes duplication and maximizes coordination between Federal and State research and extension activities.
(Pub. L. 103–354, title II, § 252, Oct. 13, 1994, 108 Stat. 3227.)
7 U.S.C. § 6981 (AGRICULTURE)
§ 6981. Under Secretary of Agriculture for Food Safety
(a) Establishment
There is established in the Department of Agriculture the position of Under Secretary of Agriculture for Food Safety. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with specialized training or significant experience in food safety or public health programs.
(b) Functions of Under Secretary
(1) Principal functions
The Secretary shall delegate to the Under Secretary of Agriculture for Food Safety those functions and duties under the jurisdiction of the Department that are primarily related to food safety.
(2) Additional functions
The Under Secretary of Agriculture for Food Safety shall perform such other functions and duties as may be required by law or prescribed by the Secretary.
(c) Omitted
(d) Technical and scientific review groups
The Secretary, acting through the Under Secretary for Research, Education, and Economics, may, without regard to the provisions of title 5 governing appointment in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates—
(1) establish such technical and scientific review groups as are needed to carry out the functions of the Department; and
(2) appoint and pay the members of the groups, except that officers and employees of the United States shall not receive additional compensation for service as a member of a group.
(Pub. L. 103–354, title II, § 261, Oct. 13, 1994, 108 Stat. 3227.)
heading: Codification
text: Section is comprised of section 261 of Pub. L. 103–354. Subsec. (c) of section 261 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees.
7 U.S.C. § 6982 (AGRICULTURE)
§ 6982. Conditions for implementation of alterations in the level of additives allowed in animal diets
(a) Conditions
The Food and Drug Administration shall not implement or enforce the final rule described in subsection (b) of this section to alter the level of selenium allowed to be used as a supplement in animal diets unless the Commissioner of the Food and Drug Administration makes a determination that—
(1) selenium additives are not essential, at levels authorized in the absence of such final rule, to maintain animal nutrition and protect animal health;
(2) selenium at such levels is not safe to the animals consuming the additive;
(3) selenium at such levels is not safe to individuals consuming edible portions of animals that receive the additive;
(4) selenium at such levels does not achieve its intended effect of promoting normal growth and reproduction of livestock and poultry; and
(5) the manufacture and use of selenium at such levels cannot reasonably be controlled by adherence to current good manufacturing practice requirements.
(b) Final rule described
The final rule referred to in subsection (a) of this section is the final rule issued by the Food and Drug Administration and published in the Federal Register on September 13, 1993 (58 Fed. Reg. 47962), in which the Administration stayed 1987 amendments to the selenium food additive regulations, and any modification of such rule issued after October 13, 1994.
(Pub. L. 103–354, title II, § 262, Oct. 13, 1994, 108 Stat. 3227.)
7 U.S.C. § 6991 (AGRICULTURE)
§ 6991. Definitions
For purposes of this subchapter:
(1) Adverse decision
The term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.
(2) Agency
The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):
(A) The Consolidated Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Consolidated Farm Service Agency under section 6932 of this title).
(B) The Commodity Credit Corporation, with respect to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6962(b) of this title).
(G) A State, county, or area committee established under section 590h(b)(5) of title 16.
(3) Appellant
The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.
(4) Case record
The term “case record” means all the materials maintained by the Secretary related to an adverse decision.
(5) Director
The term “Director” means the Director of the Division.
(6) Division
The term “Division” means the National Appeals Division established by this chapter.
(7) Hearing officer
The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.
(8) Implement
The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.
(9) Participant
The term “participant” shall have the meaning given that term by the Secretary by regulation.
(Pub. L. 103–354, title II, § 271, Oct. 13, 1994, 108 Stat. 3228.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed sections 1433e and 1983b of this title.
This chapter, referred to in par. (6), 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. § 6992 (AGRICULTURE)
§ 6992. National Appeals Division and Director
(a) Establishment of Division
The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
(b) Director
(1) Appointment
The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees.
(2) Term and removal
The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal during the term of office, except for cause established in accordance with law.
(3) Position classification
The position of the Director may not be a position in the excepted service or filled by a noncareer appointee.
(c) Direction, control, and support
The Director shall be free from the direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division.
(d) Determination of appealability of agency decisions
If an officer, employee, or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicability and thus not subject to appeal. The determination of the Director as to whether a decision is appealable shall be administratively final.
(e) Division personnel
The Director shall appoint such hearing officers and other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter.
(Pub. L. 103–354, title II, § 272, Oct. 13, 1994, 108 Stat. 3229.)
7 U.S.C. § 6993 (AGRICULTURE)
§ 6993. Transfer of functions
There are transferred to the Division all functions exercised and all administrative appeals pending before the effective date of this subchapter (including all related functions of any officer or employee) of or relating to—
(1) the National Appeals Division established by section 1433e(c) 1 of this title (as in effect on the day before October 13, 1994);
(2) the National Appeals Division established by subsections (d) through (g) of section 1983b 1 of this title (as in effect on the day before October 13, 1994);
(3) appeals of decisions made by the Federal Crop Insurance Corporation; and
(4) appeals of decisions made by the Soil Conservation Service (as in effect on the day before October 13, 1994).
(Pub. L. 103–354, title II, § 273, Oct. 13, 1994, 108 Stat. 3230.)
heading: References in Text
text: The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 103–354, which was approved Oct. 13, 1994.
Section 1433e of this title, referred to in par. (1), was repealed by Pub. L. 103–354, title II, § 281(b), Oct. 13, 1994, 108 Stat. 3233.
Section 1983b of this title, referred to in par. (2), was repealed by Pub. L. 103–354, title II, § 281(c), Oct. 13, 1994, 108 Stat. 3233.
7 U.S.C. § 6994 (AGRICULTURE)
§ 6994. Notice and opportunity for hearing
Not later than 10 working days after an adverse decision is made that affects the participant, the Secretary shall provide the participant with written notice of such adverse decision and the rights available to the participant under this subchapter or other law for the review of such adverse decision.
(Pub. L. 103–354, title II, § 274, Oct. 13, 1994, 108 Stat. 3230.)