dreamproit/uscode huggingface dataset:
7 U.S.C. § 6995 (AGRICULTURE)
§ 6995. Informal hearings
(a) In general
If an officer, employee, or committee of an agency makes an adverse decision, the agency shall hold, at the request of the participant, an informal hearing on the decision.
(b) Farm Service Agency
With respect to programs carried out through the Consolidated Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Consolidated Farm Service Agency under section 6932 of this title), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on October 13, 1994.
(c) Mediation
If a mediation program is available under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal hearing process, the participant shall—
(1) be offered the right to choose such mediation; and
(2) to the maximum extent practicable, be allowed to use both informal agency review and mediation to resolve disputes under that title.
(Pub. L. 103–354, title II, § 275, Oct. 13, 1994, 108 Stat. 3230; Pub. L. 110–234, title XII, § 12032, May 22, 2008, 122 Stat. 1391; Pub. L. 110–246, § 4(a), title XII, § 12032, June 18, 2008, 122 Stat. 1664, 2153.)
heading: References in Text
text: The Agricultural Credit Act of 1987, referred to in subsec. (c), is Pub. L. 100–233, Jan. 6, 1988, 101 Stat. 1568. Title V of the Act is classified principally to chapter 82 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 2001 of Title 12, Banks and Banking, and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Pub. L. 110–246, § 12032, designated the three sentences of existing provisions as subsecs. (a) to (c), respectively, inserted headings, and in subsec. (c) designated part of existing provisions as par. (1) and added par. (2).
heading: Effective Date of 2008 Amendment
text: Amendment 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 an Effective Date note under section 8701 of this title.
7 U.S.C. § 6996 (AGRICULTURE)
§ 6996. Right of participants to Division hearing
(a) Appeal to Division for hearing
Subject to subsection (b) of this section, a participant shall have the right to appeal an adverse decision to the Division for an evidentiary hearing by a hearing officer consistent with section 6997 of this title.
(b) Time for appeal
To be entitled to a hearing under section 6997 of this title, a participant shall request the hearing not later than 30 days after the date on which the participant first received notice of the adverse decision.
(Pub. L. 103–354, title II, § 276, Oct. 13, 1994, 108 Stat. 3230.)
7 U.S.C. § 6999 (AGRICULTURE)
§ 6999. Judicial review
A final determination of the Division shall be reviewable and enforceable by any United States district court of competent jurisdiction in accordance with chapter 7 of title 5.
(Pub. L. 103–354, title II, § 279, Oct. 13, 1994, 108 Stat. 3233.)
7 U.S.C. § 7000 (AGRICULTURE)
§ 7000. Implementation of final determinations of Division
(a) In general
On the return of a case to an agency pursuant to the final determination of the Division, the head of the agency shall implement the final determination not later than 30 days after the effective date of the notice of the final determination.
(b) Reports
(1) In general
Not later than 180 days after the date of the enactment of this subsection, and every 180 days thereafter, the head of each agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the website of the Department, a report that includes—
(A) a description of all cases returned to the agency during the period covered by the report pursuant to a final determination of the Division;
(B) the status of implementation of each final determination; and
(C) if the final determination has not been implemented—
(i) the reason that the final determination has not been implemented; and
(ii) the projected date of implementation of the final determination.
(2) Updates
Each month, the head of each agency shall publish on the website of the Department any updates to the reports submitted under paragraph (1).
(Pub. L. 103–354, title II, § 280, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 110–234, title XIV, § 14009, May 22, 2008, 122 Stat. 1446; Pub. L. 110–246, § 4(a), title XIV, § 14009, June 18, 2008, 122 Stat. 1664, 2208.)
heading: References in Text
text: The date of the enactment of this subsection, referred to in subsec. (b)(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 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Pub. L. 110–246, § 14009, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 2008 Amendment
text: Amendment 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 an Effective Date note under section 8701 of this title.
7 U.S.C. § 7001 (AGRICULTURE)
§ 7001. Conforming amendments relating to National Appeals Division
(a) Decisions of State, county, and area committees
(1) Application of subsection
(A) In general
Except as provided in subparagraph (B), this subsection shall apply only with respect to functions of the Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under section 590h(b)(5) of title 16 or an employee of such a committee.
(B) Nonapplicability
This subsection does not apply to—
(i) a function performed under section 2008k of this title; or
(ii) a function performed under a conservation program administered by the Natural Resources Conservation Service.
(2) Finality
Each decision of a State, county, or area committee (or an employee of such a committee) covered by paragraph (1) that is made in good faith in the absence of misrepresentation, false statement, fraud, or willful misconduct shall be final not later than 90 days after the date of filing of the application for benefits, unless the decision, before the end of the 90-day period, is—
(A) appealed under this subchapter; or
(B) modified by the Administrator of the Farm Service Agency or the Executive Vice President of the Commodity Credit Corporation.
(3) Recovery of amounts
If the decision of the State, county, or area committee has become final under paragraph (2), no action may be taken by the Farm Service Agency, the Commodity Credit Corporation, or a State, county, or area committee to recover amounts found to have been disbursed as a result of a decision in error unless the participant had reason to believe that the decision was erroneous.
(4) Savings provision
For purposes of this subsection, a reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
(b) , (c) Omitted
(Pub. L. 103–354, title II, § 281, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 107–171, title I, § 1613(i), May 13, 2002, 116 Stat. 221.)
heading: Codification
text: Section is comprised of section 281 of Pub. L. 103–354. Subsecs. (b) and (c) of section 281 of Pub. L. 103–354 repealed sections 1433e and 1983b of this title, respectively.
heading: Amendments
text: 2002—Subsec. (a)(1). Pub. L. 107–171, § 1613(i)(1), (2), designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), this subsection” for “This subsection” and “Farm Service Agency” for “Consolidated Farm Service Agency”, and added subpar. (B).
Subsec. (a)(2). Pub. L. 107–171, § 1613(i)(3), inserted “, before the end of the 90-day period,” after “unless the decision” in introductory provisions.
Subsec. (a)(2)(B), (3), (4). Pub. L. 107–171, § 1613(i)(1), substituted “Farm Service Agency” for “Consolidated Farm Service Agency” wherever appearing.
7 U.S.C. § 7005 (AGRICULTURE)
§ 7005. Under Secretary of Agriculture for Marketing and Regulatory Programs
(a) Authorization
The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs.
(b) Confirmation required
If the Secretary establishes the position of Under Secretary of Agriculture for Marketing and Regulatory Programs 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 Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
(2) Additional functions
The Under Secretary of Agriculture for Marketing and Regulatory Programs 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 Marketing and Regulatory Programs on October 21, 1998, 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 21, 1998 (or such later date set by the Secretary if litigation delays rapid succession).
(Pub. L. 103–354, title II, § 285, as added Pub. L. 105–277, div. A, § 101(a) [title X, § 1001(3)], Oct. 21, 1998, 112 Stat. 2681, 2681–41.)
heading: Codification
text: Section is comprised of section 285 of Pub. L. 103–354, as added by Pub. L. 105–277. Subsec. (e) of section 285 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees.
7 U.S.C. § 7012 (AGRICULTURE)
§ 7012. Purchase of American-made equipment and products
(a) Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased using funds made available pursuant to this chapter should be American-made.
(b) Notice requirement
In providing financial assistance to, or entering into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) of this section by the Congress.
(Pub. L. 103–354, title II, § 292, Oct. 13, 1994, 108 Stat. 3237.)
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. § 7013 (AGRICULTURE)
§ 7013. Proposed conforming amendments
Not later than 180 days after October 13, 1994, the Secretary shall submit to Congress recommended legislation containing additional technical and conforming amendments to Federal laws that are required as a result of the enactment of this chapter.
(Pub. L. 103–354, title II, § 295, Oct. 13, 1994, 108 Stat. 3238.)
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. § 7031 (AGRICULTURE)
§ 7031. Electronic filing and retrieval
(a) In general
Not later than 180 days after June 20, 2000, in accordance with subsection (c) of this section, the Secretary of Agriculture (referred to in this subchapter as the “Secretary”) shall, to the maximum extent practicable, establish an Internet-based system that enables agricultural producers to access all forms of the agencies of the Department of Agriculture (referred to in this subchapter as the “Department”) specified in subsection (b) of this section.
(b) Applicability
The agencies referred to in subsection (a) of this section are the following:
(1) The Farm Service Agency.
(2) The Natural Resources Conservation Service.
(3) The rural development components of the Department included in the Secretary’s service center initiative regarding State and field office collocation implemented pursuant to section 6915 of this title.
(4) The agricultural producer programs component of the Commodity Credit Corporation administered by the Farm Service Agency and the Natural Resources Conservation Service.
(c) Implementation
In carrying out subsection (a) of this section, the Secretary shall—
(1) provide a method by which agricultural producers may—
(A) download from the Internet the forms of the agencies specified in subsection (b) of this section; and
(B) submit completed forms via electronic facsimile, mail, or similar means;
(2) redesign the forms by incorporating into the forms user-friendly formats and self-help guidance materials; and
(3) ensure that the agencies specified in subsection (b) of this section—
(A) use computer hardware and software that is compatible among the agencies and will operate in a common computing environment; and
(B) develop common Internet user-interface locations and applications to consolidate the agencies’ news, information, and program materials.
(d) Progress reports
Not later than 180 days after June 20, 2000, the Secretary shall submit to Congress a report that describes the progress made toward implementing the Internet-based system required under this section.
(Pub. L. 106–222, § 2, June 20, 2000, 114 Stat. 353.)
7 U.S.C. § 7032 (AGRICULTURE)
§ 7032. Accessing information and filing over the Internet
(a) In general
Not later than 2 years after June 20, 2000, in accordance with subsection (b) of this section, the Secretary shall expand implementation of the Internet-based system established under section 7031 of this title by enabling agricultural producers to access and file all forms and, at the option of the Secretary, selected records and information of the agencies of the Department specified in section 7031(b) of this title.
(b) Implementation
In carrying out subsection (a) of this section, the Secretary shall ensure that an agricultural producer is able—
(1) to file electronically or in paper form, at the option of the agricultural producer, all forms required by agencies of the Department specified in section 7031(b) of this title;
(2) to file electronically or in paper form, at the option of the agricultural producer, all documentation required by agencies of the Department specified in section 7031(b) of this title and determined appropriate by the Secretary; and
(3) to access information of the Department concerning farm programs, quarterly trade, economic, and production reports, and other similar production agriculture information that is readily available to the public in paper form.
(Pub. L. 106–222, § 3, June 20, 2000, 114 Stat. 354.)
7 U.S.C. § 7033 (AGRICULTURE)
§ 7033. Availability of agency information technology funds
(a) Reservation of funds
From funds made available for agencies of the Department specified in section 7031(b) of this title for information technology or information resource management, the Secretary shall reserve from those agencies’ applicable accounts a total amount equal to not more than the following:
(1) For fiscal year 2001, $3,000,000.
(2) For each subsequent fiscal year, $2,000,000.
(b) Time for reservation
The Secretary shall notify Congress of the amount to be reserved under subsection (a) of this section for a fiscal year not later than December 1 of that fiscal year.
(c) Use of funds
(1) Establishment
Funds reserved under subsection (a) of this section shall be used to establish the Internet-based system required under section 7031 of this title and to expand the system as required by section 7032 of this title.
(2) Maintenance
Once the system is established and operational, reserved amounts shall be used for maintenance and improvement of the system.
(d) Return of funds
Funds reserved under subsection (a) of this section and unobligated at the end of the fiscal year shall be returned to the agency from which the funds were reserved, to remain available until expended.
(Pub. L. 106–222, § 4, June 20, 2000, 114 Stat. 354.)
7 U.S.C. § 7034 (AGRICULTURE)
§ 7034. Federal Crop Insurance Corporation and Risk Management Agency
(a) In general
Not later than December 1, 2000, the Federal Crop Insurance Corporation and the Risk Management Agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan, that is consistent with this subchapter, to allow agricultural producers to—
(1) obtain, over the Internet, from approved insurance providers all forms and other information concerning the program under the jurisdiction of the Corporation and Agency in which the agricultural producer is a participant; and
(2) file electronically all paperwork required for participation in the program.
(b) Administration
The plan shall—
(1) conform to sections 7031(c) and 7032(b) of this title; and
(2) prescribe—
(A) the location and type of data to be made available to agricultural producers;
(B) the location where agricultural producers can electronically file their paperwork; and
(C) the responsibilities of the applicable parties, including agricultural producers, the Risk Management Agency, the Federal Crop Insurance Corporation, approved insurance providers, crop insurance agents, and brokers.
(c) Implementation
Not later than December 1, 2001, the Federal Crop Insurance Corporation and the Risk Management Agency shall complete implementation of the plan submitted under subsection (a) of this section.
(Pub. L. 106–222, § 5, June 20, 2000, 114 Stat. 355.)
7 U.S.C. § 7035 (AGRICULTURE)
§ 7035. Confidentiality
In carrying out this subchapter, the Secretary—
(1) may not make available any information over the Internet that would otherwise not be available for release under section 552 or 552a of title 5; and
(2) shall ensure, to the maximum extent practicable, that the confidentiality of persons is maintained.
(Pub. L. 106–222, § 6, June 20, 2000, 114 Stat. 355.)
7 U.S.C. § 7103 (AGRICULTURE)
§ 7103. Issuance and amendment of orders
(a) In general
Subject to subsection (b) of this section, the Secretary shall issue orders under this chapter applicable to producers, feeders, importers, handlers, and purchasers of sheep and sheep products. Any order shall be national in scope. Not more than 1 order shall be in effect under this chapter at any 1 time.
(b) Procedure
(1) Proposal or request for issuance
The Secretary may propose the issuance of an order under this chapter, or an association of producers may request the issuance of, and submit a proposal for, an order.
(2) Notice and comment concerning proposed order
Not later than 60 days after the receipt of a request and proposal for an order under paragraph (1), the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of orders
After notice and opportunity for public comment are given as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received, that includes provisions necessary to ensure that the order is in conformity with this chapter. The order shall be issued not later than 180 days following publication of the proposed order.
(4) Referendum
The order shall go into effect only if the order is approved by producers, feeders, and importers in a referendum conducted under section 7105 of this title.
(c) Amendments
The Secretary, from time to time, may amend any order issued under this chapter.
(Pub. L. 103–407, § 4, Oct. 22, 1994, 108 Stat. 4213.)
7 U.S.C. § 7106 (AGRICULTURE)
§ 7106. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final if the ruling is in accordance with law.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which a person who is a petitioner under subsection (a) of this section resides or carries on business shall have jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the ruling by the Secretary under subsection (a)(3) of this section.
(2) Process
Service of process in a proceeding may be conducted on the Secretary by delivering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process.
(3) Remands
If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further action as, in the opinion of the court, the law requires.
(Pub. L. 103–407, § 7, Oct. 22, 1994, 108 Stat. 4224.)