dreamproit/uscode huggingface dataset:
7 U.S.C. § 2279k (AGRICULTURE)
§ 2279k. Authorization of protection operations for the Secretary of Agriculture and others
(a) In general
The Department of Agriculture is authorized to employ qualified law enforcement officers or special agents to provide—
(1) protection for the Secretary and the Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer;
(2) protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual;
(3) continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and
(4) protection of another senior officer representing the Secretary (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary.
(b) Authorities of the protective operation
(1) In general
The Secretary may authorize officers or special agents employed pursuant to subsection (a)—
(A) to carry firearms;
(B) to conduct criminal investigations into potential threats to the security of persons protected under this section;
(C) to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;
(D) to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and
(E) to coordinate with local law enforcement agencies.
(2) Guidelines
The authority conveyed under this section shall be exercised in accordance with any—
(A) guidelines issued by the Attorney General; and
(B) such additional guidelines as may be issued by the Secretary.
(c) Exception
The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of title 31.
(d) Report
Not later than September 30, 2019, and each September 30 through 2024, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the protection provided, and accounting for the expenditures made, pursuant to this section.
(Pub. L. 115–334, title XII, § 12520, Dec. 20, 2018, 132 Stat. 5001.)
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: “Secretary” means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.
7 U.S.C. § 2281 (AGRICULTURE)
§ 2281. Congressional declaration of purpose
The purposes of this chapter are to—
(1) require strict financial and program accounting by advisory committees of the Department of Agriculture;
(2) assure balance and objectivity in the membership of such advisory committees; and
(3) prevent the formation or continuation of unnecessary advisory committees by the Department of Agriculture.
(Pub. L. 95–113, title XVIII, § 1801, Sept. 29, 1977, 91 Stat. 1041; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1270.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–98 reenacted section without change.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
heading: Soybean Research Advisory Institute
text: Pub. L. 97–98, title XIV, § 1446, Dec. 22, 1981, 95 Stat. 1327, provided for the establishment of a Soybean Research Advisory Institute for the purpose of preparing and submitting to Senate Committee on Agriculture, Nutrition, and Forestry and House Committee on Agriculture, not later than Mar. 1, 1983, a comprehensive report, with appropriate recommendations, on the findings of the Institute regarding research on soybean production and utilization, prior to repeal by Pub. L. 99–198, title XIV, § 1434, Dec. 23, 1985, 99 Stat. 1557.
7 U.S.C. § 2282 (AGRICULTURE)
§ 2282. Definitions
When used in this chapter—
(1) the term “Secretary” means the Secretary of Agriculture of the United States;
(2) the term “Department of Agriculture” means the United States Department of Agriculture; and
(3) the term “advisory committee” means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof that is established or utilized by the Department of Agriculture in the interest of obtaining advice or recommendations for the President or the Department of Agriculture, except that such term excludes any committee which (A) is composed wholly of full-time officers or employees of the Federal Government, (B) is established by statute or reorganization plan, or (C) is established by the President.
(Pub. L. 95–113, title XVIII, § 1802, Sept. 29, 1977, 91 Stat. 1041; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1270.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–98 reenacted section without change.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
7 U.S.C. § 2283 (AGRICULTURE)
§ 2283. Membership on advisory committees
(a) Simultaneous service
No person other than an officer or employee of the Department of Agriculture may serve simultaneously on more than one advisory committee, unless authorized by the Secretary.
(b) Service by more than one officer or employee of corporation or non-Federal entity
Not more than one officer or employee of any corporation or other non-Federal entity, including all subsidiaries and affiliates thereof, may serve on the same advisory committee at any one time, unless authorized by the Secretary.
(c) Maximum length
No person other than an officer or employee of the Department of Agriculture may serve for more than six consecutive years on an advisory committee, unless authorized by the Secretary.
(Pub. L. 95–113, title XVIII, § 1803, Sept. 29, 1977, 91 Stat. 1041; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1270.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–98 substituted provision relating to membership on advisory committees for provision relating to establishment of advisory committees.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
7 U.S.C. § 2285 (AGRICULTURE)
§ 2285. Budget prohibitions
No advisory committee may expend funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, until it provides the Secretary with an explanation of the need for the additional expenditure and the Secretary approves such additional expenditure.
(Pub. L. 95–113, title XVIII, § 1805, Sept. 29, 1977, 91 Stat. 1042; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1271.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–98 substituted provision relating to budget prohibitions for provision relating to membership on advisory committees. See section 2283 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
7 U.S.C. § 2286 (AGRICULTURE)
§ 2286. Termination of committees
The Secretary shall terminate any advisory committee upon a finding that any such advisory committee—
(1) has expended funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, without the prior approval of the Secretary pursuant to the provisions of section 2285 of this title;
(2) has failed to file all reports required under the provisions of the Federal Advisory Committee Act or this chapter;
(3) has failed to meet for two consecutive years;
(4) is responsible for functions that otherwise would be or should be performed by Federal employees; or
(5) does not serve or has ceased to serve an essential public function.
(Pub. L. 95–113, title XVIII, § 1806, Sept. 29, 1977, 91 Stat. 1042; Pub. L. 97–98, title XI, § 1116(a), Dec. 22, 1981, 95 Stat. 1271.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in par. (2), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 1981—Pub. L. 97–98 substituted provision relating to termination of advisory committees for provision relating to advisory committee charter requirements.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.
7 U.S.C. § 2301 (AGRICULTURE)
§ 2301. Congressional findings and declaration of policy
Agricultural products are produced in the United States by many individual farmers and ranchers scattered throughout the various States of the Nation. Such products in fresh or processed form move in large part in the channels of interstate and foreign commerce, and such products which do not move in these channels directly burden or affect interstate commerce. The efficient production and marketing of agricultural products by farmers and ranchers is of vital concern to their welfare and to the general economy of the Nation. Because agricultural products are produced by numerous individual farmers, the marketing and bargaining position of individual farmers will be adversely affected unless they are free to join together voluntarily in cooperative organizations as authorized by law. Interference with this right is contrary to the public interest and adversely affects the free and orderly flow of goods in interstate and foreign commerce.
It is, therefore, declared to be the policy of Congress and the purpose of this chapter to establish standards of fair practices required of handlers in their dealings in agricultural products.
(Pub. L. 90–288, § 2, Apr. 16, 1968, 82 Stat. 93.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 90–288, § 1, Apr. 16, 1968, 82 Stat. 93, provided: “That this Act [enacting this chapter] shall be known as the Agricultural Fair Practices Act of 1967.”
7 U.S.C. § 2321 (AGRICULTURE)
§ 2321. Establishment
There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.
(Pub. L. 91–577, title I, § 1, Dec. 24, 1970, 84 Stat. 1542; Pub. L. 96–574, § 1, Dec. 22, 1980, 94 Stat. 3350.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–574 substituted “an office” for “a bureau”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 91–577, title III, § 141, Dec. 24, 1970, 84 Stat. 1558, provided that: “This Act [this chapter] shall take effect upon enactment [Dec. 24, 1970]. Applications may be filed with the Secretary and held by him until the Office of Plant Variety Protection is organized and in operation”.
heading: Short Title of 1994 Amendment
text: Pub. L. 103–349, § 1(a), Oct. 6, 1994, 108 Stat. 3136, provided that: “This Act [amending sections 2327, 2330, 2353, 2354, 2357, 2401, 2402, 2404, 2422, 2423, 2424, 2425, 2442, 2461, 2462, 2463, 2482, 2483, 2486, 2501, 2504, 2532, 2541, 2542, 2543, 2561, 2566, 2567, 2568, and 2570 of this title, repealing sections 2463, 2502 and 2503 of this title, and enacting provisions set out as notes under section 2401 of this title] may be cited as the ‘Plant Variety Protection Act Amendments of 1994’.”
heading: Short Title of 1992 Amendment
text: Pub. L. 102–560, § 1, Oct. 28, 1992, 106 Stat. 4230, provided that: “This Act [enacting section 2570 of this title and section 296 of Title 35, Patents, amending section 2541 of this title and section 271 of Title 35, and enacting provisions set out as a note under section 2541 of this title] may be cited as the ‘Patent and Plant Variety Protection Remedy Clarification Act’.”
heading: Short Title
text: Pub. L. 91–577, title III, § 145, Dec. 24, 1970, 84 Stat. 1559, provided that: “This Act [enacting this chapter, section 1611 of this title, and sections 1545 and 2353 of Title 28, Judiciary and Judicial Procedure, amending section 1562 of this title and sections 1338 and 1498 of Title 28, and enacting provisions set out as notes under this section] may be cited as the ‘Plant Variety Protection Act’.”
7 U.S.C. § 2327 (AGRICULTURE)
§ 2327. Plant Variety Protection Board
(a) Appointment
The Secretary shall appoint a Plant Variety Protection Board. The Board shall consist of individuals who are experts in various areas of varietal development covered by this chapter. Membership of the Board shall include farmer representation and shall be drawn approximately equally from the private or seed industry sector and from the sector of government or the public. The Secretary or the designee of the Secretary shall act as chairperson of the Board without voting rights except in the case of ties.
(b) Functions of Board
The functions of the Plant Variety Protection Board shall include:
(1) Advising the Secretary concerning the adoption of Rules and Regulations to facilitate the proper administration of this chapter;
(2) Making advisory decisions on all appeals from the examiner. The Board shall determine whether to act as a full Board or by panels it selects; and whether to review advisory decisions made by a panel. For service on such appeals, the Board may select, as temporary members, experts in the area to which the particular appeal relates; and
(3) Advising the Secretary on all questions under section 2404 of this title.
(c) Compensation of Board
The members of the Plant Variety Protection Board shall serve without compensation except for standard government reimbursable expenses.
(Pub. L. 91–577, title I, § 7, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 103–349, § 13(a), Oct. 6, 1994, 108 Stat. 3142.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349 substituted “the designee of the Secretary shall act as chairperson” for “his designee shall act as chairman” in last sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2328 (AGRICULTURE)
§ 2328. Library
The Secretary shall maintain a library of scientific and other works and periodicals, both foreign and domestic, in the Plant Variety Protection Office to aid the examiners in the discharge of their duties.
(Pub. L. 91–577, title I, § 8, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 3, Dec. 22, 1980, 94 Stat. 3350.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–574 substituted “examiners” for “officers”.
7 U.S.C. § 2329 (AGRICULTURE)
§ 2329. Register of protected plant varieties
The Secretary shall maintain a register of descriptions of United States protected plant varieties.
(Pub. L. 91–577, title I, § 9, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, § 4, Dec. 22, 1980, 94 Stat. 3350.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–574 substituted “descriptions” for “published specifications”, and struck out provisions requiring maintenance of a file for other information.
7 U.S.C. § 2330 (AGRICULTURE)
§ 2330. Publications
(a) The Secretary may publish, or cause to be published, in such format as the Secretary shall determine to be suitable, the following:
(1) The descriptions of plant varieties protected including drawings and photographs.
(2) The Official Journal of the Plant Variety Protection Office, including annual indices.
(3) Pamphlet copies of the plant variety protection laws and rules of practice and circulars or other publications relating to the business of the Office.
(b) The Secretary may (1) establish public facilities for the searching of plant variety protection records and materials, and (2) from time to time, as through an information service, disseminate to the public those portions of the technological and other public information available to or within the Plant Variety Protection Office to encourage innovation and promote the progress of plant breeding.
(c) The Secretary may exchange any of the publications specified for publications desirable for the use of the Plant Variety Protection Office. The Secretary may exchange copies of descriptions, drawings, and photographs of United States protected plant varieties for copies of descriptions, drawings, and photographs of applications and protected plant varieties of foreign countries.
(Pub. L. 91–577, title I, § 10, Dec. 24, 1970, 84 Stat. 1543; Pub. L. 96–574, §§ 5–8, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 103–349, § 13(b), Oct. 6, 1994, 108 Stat. 3143.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349 substituted “the Secretary” for “he” before “shall” in introductory provisions.
1980—Subsec. (a)(1). Pub. L. 96–574, § 5, substituted provisions respecting descriptions for provisions respecting specifications.
Subsec. (b). Pub. L. 96–574, §§ 6, 7, struck out subsec. (b) which related to photolithography and lithography, redesignated subsec. (c) as (b) and substituted “plant breeding” for “the useful arts”.
Subsecs. (c), (d). Pub. L. 96–574, §§ 7, 8, redesignated subsec. (d) as (c) and substituted “descriptions” for “specifications” in two places. Former subsec. (c) redesignated (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2331 (AGRICULTURE)
§ 2331. Copies for public libraries
The Secretary may supply printed copies of descriptions, drawings, and photographs of protected plant varieties to public libraries in the United States which shall maintain such copies for the use of the public.
(Pub. L. 91–577, title I, § 11, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 96–574, § 9, Dec. 22, 1980, 94 Stat. 3350.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–574 substituted “descriptions” for “specifications”.
7 U.S.C. § 2353 (AGRICULTURE)
§ 2353. Testimony in Plant Variety Protection Office cases
The Secretary may establish regulations for taking affidavits, depositions, and other evidence required in cases before the Plant Variety Protection Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the officer resides, may take such affidavits and depositions, and swear the witnesses. If any person acts as a hearing officer by authority of the Secretary, the person shall have like power.
(Pub. L. 91–577, title I, § 23, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(c), Oct. 6, 1994, 108 Stat. 3143.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–349 substituted “the officer” for “he” in second sentence and “the person” for “he” in third sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.
7 U.S.C. § 2354 (AGRICULTURE)
§ 2354. Subpoenas; witnesses
(a) The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Secretary for use in any contested case in the Plant Variety Protection Office shall, upon the application of any party thereof, issue a subpoena for any witness residing or being within such district or within one hundred miles of the stated place in such district, commanding the witness to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and the production of documents and things shall apply to contested cases in the Plant Variety Protection Office insofar as consistent with such regulations.
(b) Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.
(c) A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Secretary.
(Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(d), Oct. 6, 1994, 108 Stat. 3143.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), substituted “the witness” for “him” in first sentence.
Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted “the witness” for “him” after “paid or tendered” in second sentence.
Pub. L. 103–349, § 13(d)(2)(A), which directed that second sentence be amended by substituting “the fees and traveling expenses of the witness” for “this fees and traveling expenses”, was executed by making the substitution for “his fees and traveling expenses”, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.