dreamproit/uscode huggingface dataset:
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), 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: Editorial Notes
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), 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) to the successor position authorized under subsection (a) 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: Editorial Notes
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. § 6952 (AGRICULTURE)
§ 6952. Multiagency task force
(a) In general
The Secretary shall establish, in the office of the Under Secretary for Food, Nutrition, and Consumer Services, a multiagency task force for the purpose of providing coordination and direction for commodity programs.
(b) Composition
The Task Force shall be composed of at least 4 members, including—
(1) a representative from the Food Distribution Division of the Food and Nutrition Service, who shall—
(A) be appointed by the Under Secretary for Food, Nutrition, and Consumer Services; and
(B) serve as Chairperson of the Task Force;
(2) at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary for Marketing and Regulatory Programs;
(3) at least 1 representative from the Farm Services Agency, who shall be appointed by the Under Secretary of Agriculture for Farm Production and Conservation; and
(4) at least 1 representative from the Food Safety and Inspection Service, who shall be appointed by the Under Secretary for Food Safety.
(c) Duties
(1) In general
The Task Force shall be responsible for evaluation and monitoring of the commodity programs to ensure that the commodity programs meet the mission of the Department—
(A) to support the United States farm sector; and
(B) to contribute to the health and well-being of individuals in the United States through the distribution of domestic agricultural products through commodity programs.
(2) Specific duties
In carrying out paragraph (1), the Task Force shall—
(A) review and make recommendations regarding the specifications used for the procurement of food commodities;
(B) review and make recommendations regarding the efficient and effective distribution of food commodities; and
(C) review and make recommendations regarding the degree to which the quantity, quality, and specifications of procured food commodities align the needs of producers and the preferences of recipient agencies.
(d) Reports
Not later than 1 year after February 7, 2014, and annually thereafter, the Secretary shall submit to Congress a report that describes, for the period covered by the report—
(1) the findings and recommendations of the Task Force; and
(2) policies implemented for the improvement of commodity procurement programs.
(Pub. L. 103–354, title II, § 242, as added Pub. L. 113–79, title IV, § 4205, Feb. 7, 2014, 128 Stat. 823; amended Pub. L. 115–334, title XII, § 12405(b), Dec. 20, 2018, 132 Stat. 4975.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b)(3). Pub. L. 115–334 substituted “Under Secretary of Agriculture for Farm Production and Conservation” for “Under Secretary for Farm and Foreign Agricultural Services”.
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), 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) to the successor position authorized under subsection (a) 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: Editorial Notes
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. § 6962 (AGRICULTURE)
§ 6962. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 103–354, title II, § 228, formerly § 246, Oct. 13, 1994, 108 Stat. 3223; Pub. L. 104–127, title III, § 336(a)(2)(D), (b)(2)(B), (c)(3), (d)(2), Apr. 4, 1996, 110 Stat. 1005, 1006; Pub. L. 107–171, title VIII, § 8002(c), May 13, 2002, 116 Stat. 473; Pub. L. 115–334, title XII, §§ 12404(b)(1), 12410(a)(c)(1)(A), Dec. 20, 2018, 132 Stat. 4975, 4977, 4978, was moved so as to appear at the end of subtitle B of title II of Pub. L. 103–354 by Pub. L. 115–334, title XII, § 12410(c)(1)(B), Dec. 20, 2018, 132 Stat. 4978, and editorially reclassified as section 6936 of this title.
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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. § 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 Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the 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; Pub. L. 115–334, title XII, § 12404(b)(3), Dec. 20, 2018, 132 Stat. 4975.)
heading: Editorial Notes
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: 2018—Subsec. (b). Pub. L. 115–334 substituted “Farm” for “Consolidated Farm” in two places.
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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), 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) to the successor position authorized under subsection (a) 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: Editorial Notes
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.