US (United States) Code. Title 7. Chapter 55: Department of Agriculture

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 55 - DEPARTMENT OF AGRICULTURE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

.

-HEAD-

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-MISC1-

Sec.

2201. Establishment of Department.

2202. Executive Department; Secretary.

2203. Seal.

2204. General duties of Secretary; advisory functions; research and

development.

2204a. Rural development; utilization of non-Federal offices;

location of field units; interchange of personnel and facilities.

2204b. Rural development policy.

(a) Coordination of nationwide rural development

program using services of executive branch

departments and agencies and State and local

governments.

(b) Policy development; systematic review of Federal

programs; access to information; development of

process to receive and assess needs, goals,

etc.; cooperative agreements to improve Federal

programs affecting rural areas; public hearings

and comments.

(c) Rural development strategy and annual updates;

preparation and scope; purposes; time for

updates; public hearings and suggestions and

recommendations; transmittal to Congressional

committees; analysis of budgetary

considerations and factors; evaluation and

recommendations regarding implementation and

revisions.

(d) Strategy implementation; goals.

2204b-1. Rural development.

(a) Congressional commitment.

(b) Location of Federal facilities.

2204c. Water management for rural areas.

(a) In general.

(b) Activities.

(c) Cooperation.

(d) Regulations.

(e) ''University'' defined.

(f) Funding.

(g) No waivers.

2204d. Encouragement of private contracting.

(a) In general.

(b) Plan required.

2204e. Office of Risk Assessment and Cost-Benefit Analysis.

(a) Office of Risk Assessment and Cost-Benefit

Analysis.

(b) Functions.

(c) ''Major regulation'' defined.

2204f. Repealed.

2204g. Authority of Secretary of Agriculture to conduct census of

agriculture.

(a) Census of agriculture required.

(b) Methods.

(c) Year of information.

(d) Enforcement.

(e) Geographic coverage.

(f) Cooperation with Secretary of Commerce.

(g) Regulations.

2205. Duties of former Commissioner of Agriculture transferred to

Secretary.

2206. Custody of property and records.

2206a. Conveyance of excess Federal personal property.

2207. Reports.

2207a. Reports to Congress on obligation and expenditure.

2208. Expenditure of appropriations; accounting.

2209. Additional statement of expenditures.

2209a. Advances to chiefs of field parties.

2209b. Availability of appropriations.

2209c. Use of funds for one-year contracts to be performed in two

fiscal years.

2209d. Statement of percentage and dollar amount of Federal

funding.

2209e. Prohibition on payments to parties involved with prohibited

drug-producing plants.

2209f. Restriction on commodity purchase program payments.

2210. Deputy Secretary of Agriculture; appointment.

2211. Powers and duties of Deputy Secretary of Agriculture.

2211a to 2213. Omitted or Repealed.

2214. General Counsel; appointment.

2215. Chief clerk.

2216. Repealed.

2217. Oaths, affirmations, and affidavits taken by officers,

agents, or employees of Department; use and effect.

2218. Fee for administering or taking oaths, affirmations, and

affidavits.

2219. Salaries; how paid.

2219a. Overtime and holiday pay.

(a) In general.

(b) Availability.

2220. Certain officials and employees of Department and others not

subject to restriction on payment of compensation to Government

officials and employees.

2221. Details of persons from or to office of Secretary.

2222. Details of law clerks.

2223. Details of employees from and to library and bureaus and

offices.

2224. Details of employees from and to Division of Accounts and

Disbursements and bureaus and offices; traveling expenses.

2224a. Utilization of employees of agencies for part-time and

intermittent assistance to other agencies; exclusion of overtime

resulting from natural disasters from staff year ceilings.

2225. Employment of temporary personnel.

2225a. Contracts for consulting services.

2225b. Personal service contracts for veterinarians.

2225c. Employment contracts for services abroad.

2226. Employment of persons for forest fire fighting, pest control,

and handling of animals.

2227. Traveling expenses.

2228. Emergency subsistence for employees.

2229. Travel and per diem expenses of temporary or seasonal

employees.

2230. Employees in Alaska; subsistence, equipment, and supplies.

2231. Official expenses of employees stationed abroad.

2231a. Reimbursement of employees for costs of State licenses and

certification fees.

2231b. First amendment rights of employees of the United States

Department of Agriculture.

2232. Stenographic reporting service.

2233. Funds available for expenses of advisory committees.

2234. Purchases for bureaus from appropriations for contingent

expenses.

2235. Working capital fund established; use of central services by

bureaus, etc., of the Department.

2235a. Deposit and retention of credit card refunds or rebates.

2236. Working capital fund for Agricultural Research Center;

establishment.

2237. Use of field work funds for employment of men with equipment,

etc.

2238. Use of field work funds for purchase of arms and ammunition.

2239. Funds for printing, binding, and scientific and technical

article reprint purchases.

2240. Reimbursement of appropriation for salaries and compensation

of employees in mechanical shops.

2241. Sale or exchange of animals or animal products.

2242. Repealed.

2242a. User fees for reports, publications, and software.

(a) Authority of Secretary.

(b) Consistency of charges with provisions of section

9701 of title 31.

(c) Use and disposition of moneys.

(d) Investment.

2242b. Translation of publications into foreign languages.

2243. Sale of photographic prints and maps.

2244. Repealed.

2245. Sale of prints and lantern slides.

2246. Loan, rental, or sale of films.

2247. Sale of samples of pure sugars.

2248. Statistics relating to turpentine and rosin.

2249. Amount and character of cooperation.

2250. Construction and repair of buildings and public improvements.

2250a. Erection of buildings and other structures on non-Federal

lands; duration of use of such lands; removal of structures after

termination of use; availability of funds for expenses of

acquiring long-term leases or other agreements.

2251. Reimbursement of Production and Marketing Administration

appropriations for expenses of maintaining registers of

indebtedness and making set-offs.

2252. Reimbursement of Production and Marketing Administration

appropriations for costs of procuring agricultural commodities

for nongovernmental agencies or foreign governments.

2253. Adjustment by Secretary of titles to lands acquired by

Government and subject to his control.

2254. Operation, maintenance and purchase of aircraft by

Agricultural Research Service; construction and repair of

buildings.

2255. Membership in International Wheat Advisory Committee,

International Sugar Council, etc.

2255a. Financial assistance to national and international

conferences.

2256. Inspections, analyses, and tests for other Government

departments and agencies; reimbursement.

2257. Interchangeability of funds for miscellaneous expenses and

general expenses.

2258. Purchase of newspapers.

2259. Market-inspection certificates as prima facie evidence.

2260, 2260a. Repealed.

2261. Credit of donations and proceeds from exhibitions to

appropriations concerned with foreign market development

programs.

2262. Employee liability insurance on motor vehicles in foreign

countries.

2262a. Overseas tort claims.

(a) In general.

(b) Period for presentation of claim.

(c) Finality.

2263. Transfer of funds.

2264. National Agricultural Library; acceptance of gifts, bequests,

or devises; conditional gifts.

2265. Deposit of money accepted for benefit of National

Agricultural Library; disbursement.

2266. Congressional reaffirmation of policy to foster and encourage

family farms.

2267. Repealed.

2268. Public lands; relinquishment.

2269. Gifts of property; acceptance and administration by Secretary

of Agriculture; Federal tax law consideration; separate fund in

Treasury; regulations.

2270. Authority of Office of Inspector General.

2270a. Office of Inspector General; transfer of forfeiture funds

for law enforcement activities.

2270b. Department of Agriculture Inspector General investigation of

Forest Service firefighter deaths.

2270c. Submission of results.

2271. Marketing education programs for small and medium size family

farm operations.

2271a. Advanced marketing training for farmers and ranchers.

2272. Volunteers for Department of Agriculture programs.

(a) Establishment of program.

(b) Acceptance of personnel.

(c) Federal employee status.

2272a. Funds for incidental expenses and promotional items relating

to volunteers.

2273. Local search and rescue operations.

2274. Firearm authority of employees engaged in animal quarantine

enforcement.

2275. Repealed.

2276. Confidentiality of information.

(a) Authorized disclosure.

(b) Duty of Secretary; immunity from disclosure;

necessary consent.

(c) Violations; penalties.

(d) Specific provisions for collection of

information.

(e) Information provided to Secretary of Commerce.

2277. Contracts by Animal and Plant Health Inspection Service for

services to be performed abroad.

2278. Consistency with international obligations of United States.

(a) In general.

(b) Compliance with U.S. international obligations.

(c) Construction.

2279. Outreach and assistance for socially disadvantaged farmers

and ranchers.

(a) Outreach and assistance.

(b) Designation of Federal personnel.

(c) Report to Congress.

(d) Affirmative action, appeals, and contracting

review.

(e) Definitions.

(f) Omitted.

(g) Reservations.

2279-1. Transparency and accountability for socially disadvantaged

farmers and ranchers.

(a) Purpose.

(b) Definition of socially disadvantaged farmer or

rancher.

(c) Compilation of program participation data.

2279a. Fair and equitable treatment of socially disadvantaged

producers.

(a) Fair crop acreage bases and farm program payment

yields.

(b) Fair application of Consolidated Farm and Rural

Development Act.

(c) Report on treatment of socially disadvantaged

producers.

(d) ''Socially disadvantaged producer'' defined.

2279b. Operation of Graduate School of Department of Agriculture as

nonappropriated fund instrumentality.

(a) Definitions.

(b) Operation as nonappropriated fund

instrumentality.

(c) Activities of Graduate School.

(d) Fees and donations.

(e) General Administration Board and Director.

(f) Employees.

(g) Not a Federal agency.

(h) Acquisition and disposal of property.

(i) Contract authority.

(j) Use of Department facilities and resources.

(k) Audits of records.

2279c. Student internship programs.

(a) Student intern subsistence program.

(b) Cooperation with associations of colleges and

universities.

2279d. Compensatory damages in claims under Rehabilitation Act of

1973.

2279e. Civil penalty.

(a) In general.

(b) Factors in determining civil penalty.

(c) Settlement of civil penalties.

(d) Finality of orders.

(e) Secretary concerned defined.

2279f. Subpoena authority.

(a) In general.

(b) Location of production.

(c) Enforcement of subpoena.

(d) Compensation.

(e) Procedures.

(f) Scope of subpoena.

-CITE-

7 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2201. Establishment of Department

-STATUTE-

There shall be at the seat of government a Department of

Agriculture, the general design and duties of which shall be to

acquire and to diffuse among the people of the United States useful

information on subjects connected with agriculture, rural

development, aquaculture, and human nutrition, in the most general

and comprehensive sense of those terms, and to procure, propagate,

and distribute among the people new and valuable seeds and plants.

-SOURCE-

(R.S. Sec. 520; Pub. L. 92-419, title VI, Sec. 603(a), Aug. 30,

1972, 86 Stat. 675; Pub. L. 95-113, title XV, Sec. 1502(a), Sept.

29, 1977, 91 Stat. 1021.)

-COD-

CODIFICATION

R.S. Sec. 520 derived from act May 15, 1862, ch. 72, Sec. 1, 12

Stat. 387.

Section was formerly classified to section 511 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1977 - Pub. L. 95-113 inserted references to aquaculture and

human nutrition.

1972 - Pub. L. 92-419 substituted ''agriculture and rural

development'' and ''those terms'' for ''agriculture'' and ''that

word'', respectively.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-113, Sec. 1, Nov. 21, 1997, 111 Stat. 2274, provided

that: ''This Act (enacting section 2204g of this title, amending

sections 1991 and 2276 of this title and section 9 of Title 13,

Census, repealing section 142 of Title 13, and enacting provisions

set out as a note under section 1991 of this title) may be cited as

the 'Census of Agriculture Act of 1997'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-355, Sec. 1, Sept. 24, 1980, 94 Stat. 1171, provided

that: ''This Act (enacting sections 2204b and 2211b of this title,

amending sections 1926, 2204, 2204a, 2663, and 2667 of this title,

section 5314 of Title 5, Government Organization and Employees, and

section 3122 of Title 42, The Public Health and Welfare, and

enacting provisions set out as a note under section 2204b of this

title) may be cited as the 'Rural Development Policy Act of

1980'.''

SHORT TITLE

Act Aug. 3, 1956, Sec. 1, provided that: ''This Act (enacting

sections 428a, 1040, 2228, 2229 and 2333 of this title, and

sections 579b and 590h-4 of Title 16, Conservation, and amending

sections 1004, 1392, 1516, and 1766 of this title, sections 590k

and 590n of Title 16, and sections 114a and 114c of Title 21, Food

and Drugs) may be cited as the 'Department of Agriculture Organic

Act of 1956'.''

ESTABLISHMENT OF PERSONNEL CEILING FOR FISCAL YEARS 1982, 1983, AND

1984

Pub. L. 97-35, title I, Sec. 125, Aug. 13, 1981, 95 Stat. 369,

provided that: ''Notwithstanding any other provision of law, the

total full-time equivalent staff year personnel ceiling for the

United States Department of Agriculture shall not exceed one

hundred and seventeen thousand staff years (including overtime) for

each of the fiscal years ending September 30, 1982, September 30,

1983, and September 30, 1984.''

-TRANS-

TRANSFER OF FUNCTIONS FROM SECRETARY OF INTERIOR TO SECRETARY OF

AGRICULTURE

Pub. L. 86-509, June 11, 1960, 74 Stat. 205, which enacted

provisions of Reorganization Plan Numbered 1 of 1959, provided:

''That, except as otherwise provided in section 2 hereof, the

following functions are hereby transferred to the Secretary of

Agriculture:

''(a) The functions of the Secretary of the Interior under the

Act of March 20, 1922, 42 Stat. 465, as amended (16 U.S.C. 485,

486), with respect to exchanges of non-Federal lands for national

forest lands or timber.

''(b) The functions of the Secretary of the Interior under the

Act of February 2, 1922 (42 Stat. 362), with respect to exchanges

of lands in private ownership within or within six miles of the

Deschutes National Forest for national forest lands, or for timber

from any national forest, in the State of Oregon.

''(c) The functions of the Secretary of the Interior under the

Act of June 7, 1924 (43 Stat. 643), except section 2 thereof, with

respect to exchanges of privately owned lands for national forest

timber in New Mexico.

''(d) The functions of the Secretary of the Interior under the

Act of January 12, 1925 (43 Stat. 739), except section 2 thereof,

with respect to exchanges of privately owned lands for national

forest timber in New Mexico.

''(e) The functions of the Secretary of the Interior under the

Act of April 21, 1926 (44 Stat. 303), except section 2 thereof,

with respect to exchanges of privately owned lands for national

forest lands or timber in New Mexico and Arizona.

''(f) The functions of the Secretary of the Interior under

section 2 of the Act of May 26, 1926 (44 Stat. 655; 16 U.S.C. 38),

with respect to exchanges of lands held in private or State

ownership for national forest lands or timber in Montana.

''(g) The functions of the Secretary of the Interior under the

Act of June 15, 1926 (44 Stat. 746), with respect to exchanges of

State lands for national forest lands in New Mexico.

''(h) The functions of the Secretary of the Interior under the

Act of December 7, 1942 (56 Stat. 1042), with respect to exchange

transactions in which lands under the jurisdiction of the Secretary

of Agriculture are exchanged for State lands in Minnesota which are

to be under the jurisdiction of the Secretary of Agriculture after

their acquisition by the United States.

''(i) The function of the Secretary of the Interior (originally

vested in the Commissioner of the General Land Office) under

section 6 of the Act of April 28, 1930 (46 Stat. 257; 43 U.S.C.

872), with respect to execution of quitclaim deeds for lands

conveyed to the United States in connection with exchange

transactions involving lands under the jurisdiction of the

Secretary of Agriculture.

''(j) The functions of the Secretary of the Interior under

section 2(b) of the Joint Resolution of August 8, 1947 (61 Stat.

921), with respect to appraisals and sales of certain lands within

the Tongass National Forest.

''(k) The functions of the Secretary of the Interior under

section 10 of the Act of March 1, 1911 (36 Stat. 962; 16 U.S.C.

519), with respect to sales of small tracts of acquired national

forest lands found chiefly valuable for agriculture.

''(l) The functions of the Secretary of the Interior under

section 402 of Reorganization Plan Numbered 3 of 1946 (60 Stat.

1099), section 3 of the Act of September 1, 1949 (63 Stat. 683; 30

U.S.C. 192c), the Act of June 30, 1950 (64 Stat. 311; 16 U.S.C.

508b), section 3 of the Act of June 28, 1952 (66 Stat. 285), or

otherwise, with respect to the use and disposal from lands under

the jurisdiction of the Secretary of Agriculture of those mineral

materials which the Secretary of Agriculture is authorized to

dispose of from other lands under his jurisdiction under the Act of

July 31, 1947 (61 Stat. 681), as amended by the Act of July 23,

1955 (69 Stat. 367; 30 U.S.C. 601 and the following).

''Sec. 2(a). In no case covered by subsections (a), (b), (e),

(g), and (h) of section 1 hereof shall the exchange provide for the

patenting of land by the United States without a reservation of

minerals (1) unless the Secretary of Agriculture has obtained the

advice of the Secretary of the Interior that the land is nonmineral

in character, or (2) unless the Secretary of the Interior approves

of the valuation and disposition of the minerals in the lands to be

patented. A sale of land covered by subsection (j) of section 1

hereof shall be made by the Secretary of Agriculture without a

reservation of minerals only after consultation with, and the

approval of, the Secretary of the Interior as to the valuation and

disposition of the minerals. No lands of the United States shall

be exchanged in any case covered by subsection (f) of section 1

hereof unless the Secretary of Agriculture has obtained the advice

of the Secretary of the Interior that such lands are nonmineral in

character.

''(b) Nothing in this Act shall be construed to authorize the

Secretary of Agriculture to determine or adjudicate the validity or

invalidity of any mining claim or part thereof.

''(c) Nothing in subsection (1) of section 1 hereof shall be

construed to authorize the Secretary of Agriculture to dispose of

coal, phosphate, sodium, potassium, oil, oil shale, gas, or sulfur,

or to dispose of any minerals which would be subject to disposal

under the mining laws if said laws were applicable to the lands in

which the minerals are situated.

''(d) Upon approval by the Secretary of Agriculture pursuant to

the provisions of this Act of any exchange or sale, respectively,

of national forest lands under the provisions of law referred to in

subsections (a), (b), (e), (f), (g), and (j) of section 1, hereof,

the Secretary of the Interior, upon the recommendation of the

Secretary of Agriculture, shall issue the patent therefor.

''(e) All conveyances under the Act referred to in subsection (h)

of section 1 hereof of national forest lands reserved from the

public domain shall, upon recommendation of the Secretary of

Agriculture, be made by the Secretary of the Interior.''

REORGANIZATION PLAN NO. 2 OF 1953

EFF. JUNE 4, 1953, 18 F.R. 3219, 67 STAT. 633, AS AMENDED OCT. 15,

1982, PUB. L. 97-325, SEC. 8(D), 96 STAT. 1606; OCT. 13, 1994, PUB.

L. 103-354, TITLE II, SEC. 218(E)(1), 108 STAT. 3213

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 25, 1953,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.).

-MISC5-

DEPARTMENT OF AGRICULTURE

SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY

(a) Subject to the exceptions specified in subsection (b) of this

section, there are hereby transferred to the Secretary of

Agriculture all functions not now vested in him of all other

officers, and of all agencies and employees, of the Department of

Agriculture.

(b) This section shall not apply to the functions vested by the

Administrative Procedure Act (5 U.S.C. 1001 et seq.) (5 U.S.C. 551

et seq. and 701 et seq.) in hearing examiners employed by the

Department of Agriculture nor to the functions of (1) corporations

of the Department of Agriculture, (2) the boards of directors and

officers of such corporations, (3) the Advisory Board of the

Commodity Credit Corporation, or (4) the Farm Credit Administration

or any agency, officer, or entity of, under, or subject to the

supervision of the said administration.

SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE

(Repealed. Pub. L. 103-354, title II, Sec. 218(e)(1), Oct. 13,

1994, 108 Stat. 3213. Section authorized the appointment of two

additional Assistant Secretaries of Agriculture. See section 6918

of this title.)

SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY

(Repealed. Pub. L. 97-325, Sec. 8(d), Oct. 15, 1982, 96 Stat.

1606. Section authorized the appointment of an Administrative

Assistant Secretary of Agriculture. See section 2212c of this

title.

SEC. 4. DELEGATION OF FUNCTIONS

(a) The Secretary of Agriculture may from time to time make such

provisions as he shall deem appropriate authorizing the performance

by any other officer, or by any agency or employee, of the

Department of Agriculture of any function of the Secretary,

including any function transferred to the Secretary by the

provisions of this reorganization plan.

(b) To the extent that the carrying out of subsection (a) of this

section involves the assignment of major functions or major groups

of functions to major constituent organizational units of the

Department of Agriculture, now or hereafter existing, or to the

heads or other officers thereof, and to the extent deemed

practicable by the Secretary, he shall give appropriate advance

public notice of delegations of functions proposed to be made by

him and shall afford appropriate opportunity for interested persons

and groups to place before the Department of Agriculture their

views with respect to such proposed delegations.

(c) In carrying out subsection (a) of this section the Secretary

shall seek to simplify and make efficient the operation of the

Department of Agriculture, to place the administration of farm

programs close to the State and local levels, and to adapt the

administration of the programs of the Department to regional,

State, and local conditions.

SEC. 5. INCIDENTAL TRANSFERS

The Secretary of Agriculture may from time to time effect such

transfers within the Department of Agriculture of any of the

records, property, and personnel affected by this reorganization

plan and such transfers of unexpended balances (available or to be

made available for use in connection with any affected function or

agency) of appropriations, allocations, and other funds of such

Department, as he deems necessary to carry out the provisions of

this reorganization plan; but such unexpended balances so

transferred shall be used only for the purposes for which such

appropriation was originally made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3125a of this title; title

20 section 196.

-CITE-

7 USC Sec. 2202 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2202. Executive Department; Secretary

-STATUTE-

The Department of Agriculture shall be an executive department,

under the supervision and control of a Secretary of Agriculture,

who shall be appointed by the President, by and with the advice and

consent of the Senate. The provisions of title 4 of the Revised

Statutes, including all amendments thereto, shall be applicable to

said department; and all laws and parts of laws relating to the

Department of Agriculture in existence February 9, 1889, as far as

the same are applicable and not in conflict with this section, and

only so far, are continued in full force and effect.

-SOURCE-

(Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat. 659.)

-REFTEXT-

REFERENCES IN TEXT

Title 4 of the Revised Statutes, referred to in text, was

entitled ''Provisions Applicable to All Executive Departments, and

consisted of R.S. Sec. 158 to 198. For provisions of the Code

derived from such title 4, see sections 101, 301, 303, 304, 503,

2952, 3101, 3106, 3341, 3345 to 3349, 5535, 5536 of Title 5,

Government Organization and Employees; section 207 of Title 18,

Crimes and Criminal Procedure; sections 514, 520 of Title 28,

Judiciary and Judicial Procedure; section 3321 of Title 31, Money

and Finance.

-COD-

CODIFICATION

Section was formerly classified to section 512 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Agriculture are unable to perform functions and

duties of office of Secretary, see Ex. Ord. No. 13241, Dec. 18,

2001, 66 F.R. 66258, set out as a note under section 3345 of Title

5, Government Organization and Employees.

-CITE-

7 USC Sec. 2203 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2203. Seal

-STATUTE-

The Secretary of Agriculture is authorized and directed to

procure a proper seal, with such suitable inscriptions and devices

as he may approve, to be known as the official seal of the

Department of Agriculture, and to be kept and used to verify

official documents, under such rules and regulations as he may

prescribe.

-SOURCE-

(Aug. 8, 1894, ch. 238, 28 Stat. 272.)

-COD-

CODIFICATION

Section was formerly classified to section 513 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2204 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204. General duties of Secretary; advisory functions;

research and development

-STATUTE-

(a) The Secretary of Agriculture shall procure and preserve all

information concerning agriculture, rural development, aquaculture,

and human nutrition which he can obtain by means of books and

correspondence, and by practical and scientific experiments,

accurate records of which experiments shall be kept in his office,

by the collection of statistics, and by any other appropriate means

within his power; he shall collect new and valuable seeds and

plants; shall test, by cultivation, the value of such of them as

may require such tests; shall propagate such as may be worthy of

propagation; and shall distribute them among agriculturists; and he

shall advise the President, other members of his Cabinet, and the

Congress on policies and programs designed to improve the quality

of life for people living in the rural and nonmetropolitan regions

of the Nation.

(b) The Secretary is authorized to initiate or expand research

and development efforts related to solution of problems of rural

water supply, rural sewage and solid waste management, rural

housing, rural industrialization, and technology appropriate to

small- and moderate-sized family farming operations, and any other

problem that the Secretary may determine has an effect upon the

economic development or the quality of life in rural areas.

-SOURCE-

(R.S. Sec. 526; Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat. 659;

Pub. L. 92-419, title VI, Sec. 603(b), Aug. 30, 1972, 86 Stat. 675;

Pub. L. 94-273, Sec. 7(4), Apr. 21, 1976, 90 Stat. 378; Pub. L.

95-113, title XV, Sec. 1502(b), Sept. 29, 1977, 91 Stat. 1021; Pub.

L. 96-355, Sec. 5, Sept. 24, 1980, 94 Stat. 1174.)

-COD-

CODIFICATION

R.S. Sec. 526 derived from act May 15, 1862, ch. 72, Sec. 3, 12

Stat. 387.

Section was formerly classified to section 514 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-355 inserted provisions relating

to technology appropriate to small- and moderate-sized family

farming operations, and struck out provisions relating to the

national rural development program and goals, and accompanying

annual report.

1977 - Subsec. (a). Pub. L. 95-113 inserted references to

aquaculture and human nutrition.

1976 - Subsec. (b). Pub. L. 94-273 substituted ''December'' for

''September''.

1972 - Subsec. (a). Pub. L. 92-419, Sec. 603(b)(1)-(3),

designated existing provisions as subsec. (a), provided for

information concerning rural development, and prescribed advisory

functions of the Secretary, respectively.

Subsec. (b). Pub. L. 92-419, Sec. 603(b)(4), added subsec. (b).

-CHANGE-

CHANGE OF NAME

Secretary of Agriculture substituted for Commissioner of

Agriculture in text pursuant to sections 1 and 4 of act Feb. 9,

1889, which are classified to section 2202 of this title. See,

also, section 2205 of this title.

-MISC4-

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section

10 of Pub. L. 96-355, set out as an Effective Date note under

section 2204b of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

Functions of Secretary of Agriculture administered through Bureau

of Biological Survey relating to conservation of wildlife, game,

and migratory birds transferred to Secretary of the Interior by

1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government

Organization and Employees.

Delegation of authority to Secretary with respect to nation's

food program during war emergency, see Ex. Ord. No. 9280, set out

as a note under section 452 of this title.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Secretary of Agriculture, see Parts 1, 2, and 3 of Ex. Ord. No.

12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

-MISC5-

REPORT ON GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS

Pub. L. 107-171, title X, Sec. 10906, May 13, 2002, 116 Stat.

538, provided that:

''(a) Definition of Geographically Disadvantaged Farmer or

Rancher. - In this section, the term 'geographically disadvantaged

farmer or rancher' means a farmer or rancher in -

''(1) an insular area (as defined in section 1404 of the

National Agricultural Research, Extension, and Teaching Policy

Act of 1977 (7 U.S.C. 3103) (as amended by section 7502(a)); or

''(2) a State other than 1 of the 48 contiguous States.

''(b) Report. - Not later than 1 year after the date of enactment

of this Act (May 13, 2002), the Secretary of Agriculture shall

submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report that describes -

''(1) barriers to efficient and competitive transportation of

inputs and products by geographically disadvantaged farmers and

ranchers; and

''(2) means of encouraging and assisting geographically

disadvantaged farmers and ranchers -

''(A) to own and operate farms and ranches; and

''(B) to participate equitably in the full range of

agricultural programs offered by the Department of

Agriculture.''

REVIEW OF OPERATION OF AGRICULTURAL AND NATURAL RESOURCE PROGRAMS

ON TRIBAL TRUST LAND

Pub. L. 107-171, title X, Sec. 10910, May 13, 2002, 116 Stat.

539, provided that:

''(a) Review. - The Secretary of Agriculture (referred to in this

section as the 'Secretary') shall conduct a review of the operation

of agricultural and natural resource programs available to farmers

and ranchers operating on tribal and trust land, including -

''(1) agricultural commodity, price support, and farm income

support programs (collectively referred to in this section as

'agricultural commodity programs');

''(2) conservation programs (including financial and technical

assistance);

''(3) agricultural credit programs;

''(4) rural development programs; and

''(5) forestry programs.

''(b) Criteria for Review. - In carrying out the review under

subsection (a), the Secretary shall consider -

''(1) the extent to which agricultural commodity programs and

conservation programs are consistent with tribal goals and

priorities regarding the sustainable use of agricultural land;

''(2) strategies for increasing tribal participation in

agricultural commodity programs and conservation programs;

''(3) the educational and training opportunities available to

Indian tribes and members of Indian tribes in the practical,

technical, and professional aspects of agriculture and land

management; and

''(4) the development and management of agricultural land under

the jurisdiction of Indian tribes in accordance with integrated

resource management plans that -

''(A) ensure proper management of the land;

''(B) produce increased economic returns;

''(C) promote employment opportunities; and

''(D) improve the social and economic well-being of Indian

tribes and members of Indian tribes.

''(c) Consultation. - In carrying out this section, the Secretary

shall consult with -

''(1) the Secretary of the Interior;

''(2) local officers and employees of the Department of

Agriculture; and

''(3) program recipients.

''(d) Report. - Not later than 1 year after the date of enactment

of this Act (May 13, 2002), the Secretary shall submit to Congress

a report that contains -

''(1) a description of the results of the review conducted

under this section;

''(2) recommendations for program improvements; and

''(3) a description of actions that will be taken to carry out

the improvements.''

AVIATION INSPECTIONS

Pub. L. 103-354, title III, Sec. 306, Oct. 13, 1994, 108 Stat.

3241, provided that:

''(a) Study of Aircraft Inspections. -

''(1) Intent of study. - The intent of the study required by

this subsection is to examine the cost efficiencies of conducting

inspections of aircraft and pilots by one Federal agency without

reducing aircraft, passenger, or pilot safety standards or

lowering mission preparedness.

''(2) Study required. - The Secretary of Agriculture and the

Secretary of Transportation shall jointly conduct a study of the

inspection specifications and procedures by which aircraft and

pilots contracted by the Department are certified to determine

the cost efficiencies of eliminating duplicative Department

inspection requirements and transferring some or all inspection

requirements to the Federal Aviation Administration, while

ensuring that neither aircraft, passenger, nor pilot safety is

reduced and that mission preparedness is maintained.

''(3) Special considerations. - In conducting the study, the

Secretaries shall evaluate current inspection specifications and

procedures mandated by the Department and the Forest Service,

taking into consideration the unique requirements and risks of

particular Department and Forest Service missions that may

require special inspection specifications and procedures to

ensure the safety of Department and Forest Service personnel and

their contractees.

''(4) Maintenance of standards and preparedness. - In making

recommendations to transfer inspection authority or otherwise

change Department inspection specifications and procedures, the

Secretaries shall ensure that the implementation of any such

recommendations does not lower aircraft or pilot standards or

preparedness for Department or Forest Service missions.

''(5) Submission of results. - Not later than 180 days after

the date of the enactment of this Act (Oct. 13, 1994), the

Secretaries shall submit to Congress the results of the study,

including any recommendations to transfer inspection authority or

otherwise change Department inspection specifications and

procedures and a cost-benefit analysis of such recommendations.

''(b) Review of Recently Adopted Aircraft Policy. -

''(1) Review required. - The Secretaries shall review the

policy initiated by the Secretary of Agriculture on July 1, 1994,

to accept Federal Aviation Administration inspections on aircraft

and pilots that provide 'airport to airport' service for the

Forest Service. The policy is currently being cooperatively

developed by the Department and the Federal Aviation

Administration and is intended to reduce duplicative inspections

and to reduce Government costs, while maintaining aircraft,

passenger, and pilot safety standards, specifications and

procedures currently required by the Department and the Forest

Service.

''(2) Expansion of policy. - As part of the review, the

Secretaries shall examine the feasibility and desirability of

applying this policy on a Government-wide basis.

''(3) Submission of results. - Not later than one year after

the date of the implementation of the policy, the Secretary of

Agriculture shall submit to Congress the results of the review,

including any recommendations that the Secretary considers

appropriate.''

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Agriculture are unable to perform functions and

duties of office of Secretary, see Ex. Ord. No. 13241, Dec. 18,

2001, 66 F.R. 66258, set out as a note under section 3345 of Title

5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2276 of this title; title

13 section 9.

-CITE-

7 USC Sec. 2204a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204a. Rural development; utilization of non-Federal offices;

location of field units; interchange of personnel and

facilities

-STATUTE-

The Secretary of Agriculture shall utilize to the maximum extent

practicable State, regional, district, county, local, or other

Department of Agriculture offices to enhance rural development, and

shall to the maximum extent practicable provide directly, or, in

the case of agencies outside of the Department of Agriculture,

through arrangements with the heads of such agencies, for -

(1) the location of all field units of the Federal Government

concerned with rural development in the appropriate Department of

Agriculture offices covering the geographical areas most similar

to those covered by such field units, and

(2) the interchange of personnel and facilities in each such

office to the extent necessary or desirable to achieve the most

efficient utilization of such personnel and facilities and

provide the most effective assistance in the development of rural

areas in accordance with State rural development plans.

-SOURCE-

(Pub. L. 92-419, title VI, Sec. 603(c), Aug. 30, 1972, 86 Stat.

675; Pub. L. 96-355, Sec. 4(5), Sept. 24, 1980, 94 Stat. 1174.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-355 struck out designation for former par. (1)

and, in such par., redesignated former subpars. (A) and (B) as

pars. (1) and (2), respectively, and struck out former par. (2)

which related to contents of report submitted under section 2204(b)

of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section

10 of Pub. L. 96-355, set out as an Effective Date note under

section 2204b of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Powers, duties, and assets of agencies, offices, and other

entities within Department of Agriculture relating to rural

development functions transferred to Rural Development

Administration by section 2302(b) of Pub. L. 101-624.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 917 of this title.

-CITE-

7 USC Sec. 2204b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204b. Rural development policy

-STATUTE-

(a) Coordination of nationwide rural development program using

services of executive branch departments and agencies and State

and local governments

The Secretary of Agriculture shall provide leadership within the

executive branch for, and shall assume responsibility for

coordinating, a nationwide rural development program using the

services of executive branch departments and agencies, including,

but not limited to, the agencies, bureaus, offices, and services of

the Department of Agriculture, in coordination with rural

development programs of State and local governments.

(b) Policy development; systematic review of Federal programs;

access to information; development of process to receive and

assess needs, goals, etc.; cooperative agreements to improve

Federal programs affecting rural areas; public hearings and

comments

(1) The Secretary shall conduct a systematic review of Federal

programs affecting rural areas to (A) determine whether such areas

are benefiting from such programs in an equitable proportion to the

benefits received by urban areas and (B) identify any factors that

may restrict accessibility to such programs in rural areas or limit

participation in such programs.

(2) Subject to the Privacy Act of 1974 (5 U.S.C. 552a), the

Secretary may secure directly from any Federal department or agency

information necessary to carry out the Secretary's duties under

this section. Upon request of the Secretary under this paragraph,

the head of any such Federal department or agency shall furnish

such information to the Secretary.

(3) The Secretary shall develop a process through which

multistate, State, substate, and local rural development needs,

goals, objectives, plans, and recommendations can be received and

assessed on a continuing basis. Such process may include the use

of those rural development experts, advisors, and consultants that

the Secretary deems appropriate, as well as the establishment of

temporary advisory committees under the terms of the Federal

Advisory Committee Act.

(4) Cooperative agreements. -

(A) In general. - Notwithstanding chapter 63 of title 31, the

Secretary may enter into cooperative agreements with other

Federal agencies, State and local governments, and any other

organization or individual to improve the coordination and

effectiveness of Federal programs, services, and actions

affecting rural areas, including the establishment and financing

of interagency groups, if the Secretary determines that the

objectives of the agreement will serve the mutual interest of the

parties in rural development activities.

(B) Cooperators. - Each cooperator, including each Federal

agency, to the extent that funds are otherwise available, may

participate in any cooperative agreement or working group

established pursuant to this paragraph by contributing funds or

other resources to the Secretary to carry out the agreement or

functions of the group.

(5) The Secretary may hold public hearings and receive comments

on any matter that the Secretary determines may have a significant

impact on rural development or the economic development of rural

communities.

(c) Rural development strategy and annual updates; preparation and

scope; purposes; time for updates; public hearings and

suggestions and recommendations; transmittal to Congressional

committees; analysis of budgetary considerations and factors;

evaluation and recommendations regarding implementation and

revisions

(1) The Secretary shall prepare a comprehensive rural development

strategy based on the needs, goals, objectives, plans, and

recommendations of local communities, substate areas, States, and

multistate regions, which is designed to -

(A) maximize the effectiveness, increase the responsiveness,

and improve the delivery of Federal programs to rural areas;

(B) increase the coordination of Federal programs with the

development needs, objectives, and resources of local

communities, substate areas, States, and multistate regions; and

(C) achieve the most effective combinations of Federal, State,

and local resources to meet the needs of rural areas for orderly

growth and development.

(2) The rural development strategy shall take into account the

need to -

(A) improve the economic well-being of all rural residents and

alleviate the problems of low income, elderly, minority, and

otherwise disadvantaged rural residents;

(B) improve the business and employment opportunities,

occupational training and employment services, health care

services, educational opportunities, energy utilization and

availability, housing, transportation, community services,

community facilities, water supplies, sewage and solid waste

management systems, credit availability, and accessibility to and

delivery of private and public financial resources in the

maintenance and creation of jobs in rural areas;

(C) improve State and local government management capabilities,

institutions, and programs related to rural development and

expand educational and training opportunities for State and local

officials, particularly in small rural communities;

(D) strengthen the family farm system; and

(E) maintain and protect the environment and natural resources

of rural areas.

(3) The rural development strategy developed under this

subsection shall be for the fiscal year ending September 30, 1982,

and updated for each fiscal year thereafter.

(4) The Secretary shall hold public hearings and receive such

suggestions and recommendations as the Secretary deems appropriate

during the preparation of the rural development strategy and the

annual updates to the strategy.

(5) The rural development strategy and the annual updates to the

strategy shall be transmitted to the House Committee on Agriculture

and the Senate Committee on Agriculture, Nutrition, and Forestry by

January 31 of the calendar year immediately preceding the beginning

of the appropriate fiscal year.

(6) The rural development strategy and each annual update of the

strategy shall contain an analysis of the budget recommendations of

the President for the fiscal year following the transmittal of the

strategy or update of the strategy and of all the available budget

projections of the President for subsequent fiscal years, and

projections regarding the budget that are relevant or essential to

the rural development policy and the rural development strategy

developed under this subsection. Each annual update shall also

contain a detailed statement of the findings and conclusions of the

Secretary regarding the implementation during the preceding fiscal

year of the rural development strategy, including any revisions of

the strategy, any recommended legislation to improve the rural

development effort of the Federal Government, and an evaluation of

and recommendations regarding the rural development information

system required under section 1926(a)(12) of this title.

(d) Strategy implementation; goals

The Secretary shall ensure the effective implementation of the

rural development strategy and maximize coordination of Federal

programs affecting rural areas through a systematic effort to -

(1) improve communication and encourage cooperation among

Federal departments and agencies in the administration of rural

development programs;

(2) eliminate conflicts, duplication, and gaps in program

coverage, and resolve contradictions and inconsistencies in the

objectives, administration, and effects of rural development

programs;

(3) facilitate the sharing or common location of field offices

of Federal agencies administering similar or complementary

programs and unification of delivery systems, where feasible, to

maximize convenience and accessibility of such agencies and

programs to rural residents;

(4) facilitate and expedite joint funding of rural projects

through Federal programs;

(5) correct administrative problems in Federal programs that

delay or hinder the effective delivery of services, assistance,

or benefits to rural areas; and

(6) simplify, standardize, and reduce the complexity of

applications, reports, and other forms required under Federal

rural development programs.

-SOURCE-

(Pub. L. 92-419, title VI, Sec. 607, as added Pub. L. 96-355, Sec.

2, Sept. 24, 1980, 94 Stat. 1171; amended Pub. L. 104-127, title

VII, Sec. 759A, Apr. 4, 1996, 110 Stat. 1138.)

-REFTEXT-

REFERENCES IN TEXT

The Privacy Act of 1974, referred to in subsec. (b)(2), is Pub.

L. 93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted

section 552a of Title 5, Government Organization and Employees, and

provisions set out as notes under section 552a of Title 5. For

complete classification of this Act to the Code, see Short Title

note set out under section 552a of Title 5 and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(4). Pub. L. 104-127 added par. (4) and struck

out former par. (4) which read as follows: ''The Secretary may

undertake cooperative efforts with other Federal departments and

agencies to improve the coordination and effectiveness of Federal

programs, services, and actions affecting rural areas. The

Secretary may request the heads of other Federal departments and

agencies to participate in any working groups that the Secretary

deems necessary to carry out the purposes of this section.''

EFFECTIVE DATE

Section 10 of Pub. L. 96-355 provided that: ''The provisions of

this Act (enacting this section and section 2211b of this title,

amending sections 1926, 2204, 2204a, 2204b-1, 2663, and 2667 of

this title and section 5314 of Title 5, Government Organization and

Employees, and enacting provisions set out as a note under section

2201 of this title) shall become effective October 1, 1980.''

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(5) of this section relating to transmittal of rural development

strategy annual updates to certain committees of Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 44 of House

Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Powers, duties, and assets of agencies, offices, and other

entities within Department of Agriculture relating to rural

development functions transferred to Rural Development

Administration by section 2302(b) of Pub. L. 101-624.

-MISC5-

SIMPLIFIED, UNIFORM APPLICATION FOR ASSISTANCE FROM ALL FEDERAL

RURAL DEVELOPMENT PROGRAMS

Section 762 of Pub. L. 104-127 provided that: ''Not later than 1

year after the date of enactment of this Act (Apr. 4, 1996), the

Secretary of Agriculture shall develop a streamlined, simplified,

and uniform application which shall be used in applying for

assistance under all of the following:

''(1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375 (7

U.S.C. 2008j) and subtitle E (7 U.S.C. 2009 et seq.) of the

Consolidated Farm and Rural Development Act (7 U.S.C. 1924(b),

1926, 1926a, 1926c, 1926d, and 1932).

''(2) Subtitle G of title XVI and sections 2281 (42 U.S.C.

5177a), 2333, and 2381 of the Food, Agriculture, Conservation,

and Trade Act of 1990 (7 U.S.C. (former) 5901-5908, 5177a,

950aaa-2, and 3125b).

''(3) Subtitle C of title IX of the Food, Agriculture,

Conservation, and Trade Act Amendments of 1991 (Public Law

102-237:(;) 7 U.S.C. (former) 5930 note).

''(4) Section 1323(b) of the Food Security Act of 1985 (Public

Law 99-198; 7 U.S.C. 1932 note).

''(5) Title V and section 603(c) of the Rural Development Act

of 1972 (7 U.S.C. 2661-2669 and 2204a(c)).

''(6) Sections 5 and 311 and title IV of the Rural

Electrification Act of 1936 (7 U.S.C. (former) 905, (former)

940a, and 941-950b).''

-EXEC-

EXECUTIVE ORDER NO. 12720

Ex. Ord. No. 12720, July 16, 1990, 55 F.R. 29337, as amended by

Ex. Ord. No. 12783, Dec. 17, 1991, 56 F.R. 65977, which established

the President's Council on Rural America, was revoked by Ex. Ord.

No. 12869, Sec. 4(c), Sept. 30, 1993, 58 F.R. 51751, formerly set

out as a note under section 14 of the Federal Advisory Committee

Act in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 926 of this title.

-CITE-

7 USC Sec. 2204b-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204b-1. Rural development

-STATUTE-

(a) Congressional commitment

The Congress commits itself to a sound balance between rural and

urban America. The Congress considers this balance so essential to

the peace, prosperity, and welfare of all our citizens that the

highest priority must be given to the revitalization and

development of rural areas.

(b) Location of Federal facilities

Congress hereby directs the heads of all executive departments

and agencies of the Government to establish and maintain

departmental policies and procedures giving first priority to the

location of new offices and other facilities in rural areas as

defined in the private business enterprise exception in section

1926(a)(7) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 91-524, title IX, Sec. 901, Nov. 30, 1970, 84 Stat. 1383;

Pub. L. 92-419, title VI, Sec. 601, Aug. 30, 1972, 86 Stat. 674;

Pub. L. 94-273, Sec. 7(3), Apr. 21, 1976, 90 Stat. 378; Pub. L.

96-355, Sec. 6, Sept. 24, 1980, 94 Stat. 1174.)

-REFTEXT-

REFERENCES IN TEXT

Section 1926(a)(7) of this title, referred to in subsec. (b), was

repealed and a new section 1926(a)(7) was added by Pub. L. 104-127,

title VII, Sec. 741(a)(2), Apr. 4, 1996, 110 Stat. 1123. As added,

section 1926(a)(7) of this title defined ''rural areas'' but no

longer contained provisions relating to a private business

enterprise exception. Subsequently, section 1926(a)(7) was

repealed by Pub. L. 107-171, title VI, Sec. 6020(b)(1), May 13,

2002, 116 Stat. 363.

-COD-

CODIFICATION

Section was formerly classified to section 3122 of Title 42, The

Public Health and Welfare.

-MISC3-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-355 struck out provisions

respecting annual report to Congress by the President covering

efforts, etc., made for locating all new facilities.

Subsec. (c). Pub. L. 96-355 struck out subsec. (c) which related

to planning assistance and annual report to Congress respecting

such assistance.

Subsec. (d). Pub. L. 96-355 struck out subsec. (d) which related

to information and technical assistance and annual report to

Congress respecting such assistance.

Subsec. (e). Pub. L. 96-355 struck out subsec. (e) which related

to provision of government services and annual report to Congress

respecting such services.

Subsec. (f). Pub. L. 96-355 struck out subsec. (f) which required

report to Congress by July 1, 1971, relating to implementation of

rural financial assistance requirements.

1976 - Subsec. (b). Pub. L. 94-273 substituted ''December'' for

''September''.

Subsec. (d). Pub. L. 94-273 substituted ''December 1 of'' for

''September 1 of''.

1972 - Subsec. (b). Pub. L. 92-419 struck out ''insofar as

practicable,'' after ''maintain'' and substituted ''policies and

procedures giving first priority to the location of new offices and

other facilities in rural areas as defined in the private business

enterprise exception in section 1926(a)(7) of this title'', for

''policies and procedures with respect to the location of new

offices and other facilities in areas or communities of lower

population density in preference to areas or communities of high

population densities''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section

10 of Pub. L. 96-355, set out as an Effective Date note under

section 2204b of this title.

-EXEC-

EXECUTIVE ORDER NO. 11797

Ex. Ord. No. 11797, July 31, 1974, 39 F.R. 27893, which delegated

to the Secretary of Agriculture the President's authority to

prepare and submit to Congress annual reports concerning the

location of new Federal facilities in rural areas, was revoked by

Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1609.

-CITE-

7 USC Sec. 2204c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204c. Water management for rural areas

-STATUTE-

(a) In general

The Secretary of Agriculture is authorized, directly or in

coordination with any other Federal agency, entity, corporation,

department, unit of State or local government, cooperative,

confederation, individual, public or private organization, Indian

tribe, or university, to -

(1) conduct research and demonstration projects;

(2) provide technical assistance and extension services;

(3) make grants, loans, and loan guarantees; and

(4) provide other forms of assistance, for the purpose of

helping rural areas make better and more efficient use of water

resources and to alleviate problems arising in such areas from

droughts or lack of water.

(b) Activities

The Secretary is authorized to provide assistance under this

section for the promotion or establishment of irrigation,

watersheds, and other water management and drought management

activities, including water transmission, application, and

activation.

(c) Cooperation

In implementing this section, the Secretary -

(1) should address the general, special, and unique problems of

water management existing in rural areas;

(2) may take action independently or in cooperation with

Federal, State, public, or private entities and agencies; and

(3) shall cooperate with -

(A) cooperatives, public or private organizations,

confederations, authorities, or other entities (including such

entities that may be organized under multiple State agreements

or compacts and entities created under State law) to carry out

projects authorized under this section; and

(B) water, watershed, and sewer authorities, rural electric

cooperatives, Federal agencies, and other State or local

governments or agencies.

(d) Regulations

(1) The Secretary shall issue regulations to carry out this

section.

(2) Such regulations shall -

(A) specify the terms and conditions that the entities

described in subsections (a) and (c) of this section must meet in

order to participate in programs carried out under this section;

(B) establish a procedure under which entities described in

subsections (a) and (c) of this section may apply for assistance

under this section; and

(C) foster cooperation between such entities and other Federal,

State, or local agencies for the purposes of carrying out the

provisions of this section.

(e) ''University'' defined

As used in this section, the term ''university'' means -

(1) a land grant university established under the Act of July

2, 1862 (known as the ''First Morrill Act''; 12 Stat. 503,

chapter 130; 7 U.S.C. 301 et seq.);

(2) a land grant university established under the Act of August

30, 1890 (known as the ''Second Morrill Act''; 26 Stat. 419,

chapter 841; 7 U.S.C. 321 et seq.);

(3) the Tuskegee Institute; and

(4) any other support research organization.

(f) Funding

(1) There are authorized to be appropriated each fiscal year such

sums as are necessary to carry out this section.

(2) The Secretary is authorized to accept funds from non-Federal

sources to carry out the activities authorized by this section.

(g) No waivers

Nothing in this section shall authorize the waiver of a

cost-share requirement under a program established under any other

provision of law.

-SOURCE-

(Pub. L. 100-387, title IV, Sec. 401, Aug. 11, 1988, 102 Stat.

956.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1862, referred to in subsec. (e)(1), is act July

2, 1862, ch. 130, 12 Stat. 503, as amended, popularly known as the

First Morrill Act, which is classified generally to subchapter I

(Sec. 301 et seq.) of chapter 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 301 of this title and Tables.

Act of August 30, 1890, referred to in subsec. (e)(2), is act

Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known

as the Agricultural College Act of 1890 and also as the Second

Morrill Act, which is classified generally to subchapter II (Sec.

321 et seq.) of chapter 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 321 of this title and Tables.

-CITE-

7 USC Sec. 2204d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204d. Encouragement of private contracting

-STATUTE-

(a) In general

For the purpose of promoting local job creation and private

sector investment in rural communities, the Secretary of

Agriculture is encouraged, where appropriate and feasible, to use

private enterprise concerns located in rural areas, rather than

government employees or government enterprises, to provide

commercial activities or products to carry out the purposes of this

title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(b) Plan required

The Secretary shall develop and implement a plan that will result

in increasing the use of contracts awarded to private firms by the

Department of Agriculture, and maximizing the use of grant, loan,

or other financial assistance made for the purpose of rural

development to provide the goods and services purchased to carry

out the purposes of this title. (FOOTNOTE 1)

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2394, Nov. 28, 1990, 104 Stat.

4057.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title XXIII of Pub. L.

101-624, Nov. 28, 1990, 104 Stat. 3979, known as the Rural Economic

Development Act of 1990. For complete classification of this Act to

the Code, see Short Title of 1990 Amendment note set out under

section 1921 of this title and Tables.

-CITE-

7 USC Sec. 2204e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204e. Office of Risk Assessment and Cost-Benefit Analysis

-STATUTE-

(a) Office of Risk Assessment and Cost-Benefit Analysis

The Secretary of Agriculture shall establish in the Department of

Agriculture an Office of Risk Assessment and Cost-Benefit Analysis,

which shall be under the direction of a Director appointed by the

Secretary.

(b) Functions

The Director shall ensure that any regulatory analysis that is

conducted under this section includes a risk assessment and

cost-benefit analysis that is performed consistently and uses

reasonably obtainable and sound scientific, technical, economic,

and other data.

(1) In general

Effective six months after October 13, 1994, the Secretary of

Agriculture shall publish in the Federal Register, for each

proposed major regulation the primary purpose of which is to

regulate issues of human health, human safety, or the environment

that is promulgated by the Department after October 13, 1994, an

analysis with as much specificity as practicable, of -

(A) the risk, including the effect of the risk, to human

health, human safety, or the environment, and any combination

thereof, addressed by the regulation, including, where

applicable and practicable, the health and safety risks to

persons who are disproportionately exposed or particularly

sensitive;

(B) the costs associated with the implementation of, and

compliance with, the regulation;

(C) where appropriate and meaningful, a comparison of that

risk relative to other similar risks regulated by the

Department or other Federal Agency, resulting from comparable

activities and exposure pathways (such comparisons should

consider relevant distinctions among risks, such as the

voluntary or involuntary nature of risks and the preventability

or nonpreventability of risks); and

(D) the quantitative and qualitative benefits of the

regulation, including the reduction or prevention of risk

expected from the regulation.

Where such a regulatory analysis is not practicable because of

compelling circumstances, the Director shall provide an

explanation in lieu of conducting an analysis under this section.

(2) Evaluation

The regulatory analysis referred to in paragraph (1) should

also contain a statement that the Secretary of Agriculture

evaluated -

(A) whether the regulation will advance the purpose of

protecting against the risk referred to in paragraph (1)(A);

and

(B) whether the regulation will produce benefits and reduce

risks to human health, human safety, or the environment, and

any combination thereof, in a cost-effective manner as a result

of the implementation of and compliance with the regulation, by

local, State, and Federal Government and other public and

private entities, as estimated in paragraph (1)(B).

(3) Construction

This section shall not be construed to amend, modify, or alter

any statute and shall not be subject to judicial review. This

section shall not be construed to grant a cause of action to any

person. The Secretary of Agriculture shall perform the analyses

required in this section in such a manner that does not delay the

promulgation or implementation of regulations mandated by statute

or judicial order.

(c) ''Major regulation'' defined

As used in this section, the term ''major regulation'' means any

regulation that the Secretary of Agriculture estimates is likely to

have an annual impact on the economy of the United States of

$100,000,000 in 1994 dollars.

-SOURCE-

(Pub. L. 103-354, title III, Sec. 304, Oct. 13, 1994, 108 Stat.

3239.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6912 of this title.

-CITE-

7 USC Sec. 2204f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204f. Repealed. Pub. L. 107-171, title VI, Sec. 6403(a), May

13, 2002, 116 Stat. 429

-MISC1-

Section, Pub. L. 104-127, title VII, Sec. 793, Apr. 4, 1996, 110

Stat. 1152; Pub. L. 105-185, title II, Sec. 252, June 23, 1998, 112

Stat. 557; Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec.

753(c)(1)), Oct. 21, 1998, 112 Stat. 2681, 2681-33, related to Fund

for Rural America.

-CITE-

7 USC Sec. 2204g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2204g. Authority of Secretary of Agriculture to conduct census

of agriculture

-STATUTE-

(a) Census of agriculture required

In 1998 and every fifth year thereafter, the Secretary of

Agriculture shall take a census of agriculture.

(b) Methods

In connection with the census, the Secretary may conduct any

survey or other information collection, and employ any sampling or

other statistical method, that the Secretary determines is

appropriate.

(c) Year of information

The information collected in each census taken under this section

shall relate to the year immediately preceding the year in which

the census is taken.

(d) Enforcement

(1) Fraud

A person over 18 years of age who willfully gives an answer

that is false to a question, which is authorized by the Secretary

to be submitted to the person in connection with a census under

this section, shall be fined not more than $500.

(2) Refusal or neglect to answer questions

A person over 18 years of age who refuses or willfully neglects

to answer a question, which is authorized by the Secretary to be

submitted to the person in connection with a census under this

section, shall be fined not more than $100.

(3) Social Security number

The failure or refusal of a person to disclose the person's

Social Security number in response to a request made in

connection with any census or other activity under this section

shall not be a violation under this subsection.

(4) Religious information

Notwithstanding any other provision of this section, no person

shall be compelled to disclose information relative to the

religious beliefs of the person or to membership of the person in

a religious body.

(e) Geographic coverage

A census under this section shall include -

(1) each of the several States of the United States;

(2) as determined appropriate by the Secretary, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, the United States Virgin Islands,

and Guam; and

(3) with the concurrence of the Secretary and the Secretary of

State, any other possession or area over which the United States

exercises jurisdiction, control, or sovereignty.

(f) Cooperation with Secretary of Commerce

(1) Information provided to Secretary of Agriculture

On a written request by the Secretary of Agriculture, the

Secretary of Commerce may provide to the Secretary of Agriculture

any information collected under title 13 that the Secretary of

Agriculture considers necessary for the taking of a census or

survey under this section.

(2) Information provided to Secretary of Commerce

On a written request by the Secretary of Commerce, the

Secretary of Agriculture may provide to the Secretary of Commerce

any information collected in a census taken under this section

that the Secretary of Commerce considers necessary for the taking

of a census or survey under title 13.

(3) Confidentiality

Information obtained under this subsection may not be used for

any purpose other than the statistical purposes for which the

information is supplied. For purposes of sections 9 and 214 of

title 13, any information provided under paragraph (2) shall be

considered information furnished under the provisions of title

13.

(g) Regulations

A regulation necessary to carry out this section may be

promulgated by -

(1) the Secretary of Agriculture, to the extent that a matter

under the jurisdiction of the Secretary is involved; and

(2) the Secretary of Commerce, to the extent that a matter

under the jurisdiction of the Secretary of Commerce is involved.

-SOURCE-

(Pub. L. 105-113, Sec. 2, Nov. 21, 1997, 111 Stat. 2274.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2276 of this title.

-CITE-

7 USC Sec. 2205 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2205. Duties of former Commissioner of Agriculture transferred

to Secretary

-STATUTE-

The Secretary of Agriculture is authorized and directed to

perform all the duties named in all Acts of Congress in force on

February 8, 1889, to be performed by the Commissioner of

Agriculture.

-SOURCE-

(Mar. 2, 1889, ch. 373, 25 Stat. 840; July 14, 1890, ch. 707, 26

Stat. 288.)

-COD-

CODIFICATION

Section was formerly classified to section 515 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2206 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2206. Custody of property and records

-STATUTE-

The Secretary of Agriculture shall have charge, in the building

and premises appropriated to the department, of the library,

furniture, fixtures, records, and other property appertaining to

it, or acquired for use in its business.

-SOURCE-

(R.S. Sec. 525; Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat. 659.)

-COD-

CODIFICATION

R.S. Sec. 525 derived from act May 15, 1862, ch. 72, Sec. 3, 12

Stat. 387 and Res. Dec. 15, 1868, No. 1, 15 Stat. 343.

Section was formerly classified to section 516 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CHANGE-

CHANGE OF NAME

''Secretary of Agriculture'' substituted in text for

''Commissioner of Agriculture'' pursuant to sections 1 and 4 of act

Feb. 9, 1889, which are classified to section 2202 of this title.

See, also, section 2205 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2206a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2206a. Conveyance of excess Federal personal property

-STATUTE-

Notwithstanding any other provision of law, the Secretary of

Agriculture may -

(1) convey title to excess Federal personal property owned by

the Department of Agriculture, with or without monetary

compensation and for such purposes as are determined by the

Secretary, to -

(A) any of the 1994 Institutions (as defined in section 532

of the Equity in Educational Land-Grant Status Act of 1994

(Public Law 103-382; 7 U.S.C. 301 note));

(B) any Hispanic-serving institution (as defined in section

1059c(b) (FOOTNOTE 1) of title 20); and

(FOOTNOTE 1) See References in Text note below.

(C) any college or university eligible to receive funds under

the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including

Tuskegee University; and

(2) acquire from, exchange with, or dispose of personal

property to other Federal departments and agencies without

monetary compensation in furtherance of the purposes of this

section.

-SOURCE-

(Pub. L. 104-127, title IX, Sec. 923, Apr. 4, 1996, 110 Stat.

1195.)

-REFTEXT-

REFERENCES IN TEXT

Section 1059c of title 20, referred to in par. (1)(B), was

amended generally by Pub. L. 105-244, title III, Sec. 303(e), Oct.

7, 1998, 112 Stat. 1639, and, as so amended, no longer relates to

Hispanic-serving institutions.

Act of August 30, 1890 (7 U.S.C. 321 et seq.), referred to in

par. (1)(C), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as

amended, popularly known as the Agricultural College Act of 1890

and also as the Second Morrill Act, which is classified generally

to subchapter II (Sec. 321 et seq.) of chapter 13 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 321 of this title and Tables.

-CITE-

7 USC Sec. 2207 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2207. Reports

-STATUTE-

The Secretary of Agriculture shall annually make a general report

in writing of his acts to the President, in which he may recommend

the publication of papers forming parts of or accompanying his

report. He shall also make special reports on particular subjects

whenever required to do so by the President or either House of

Congress, or when he shall think the subject in his charge requires

it.

-SOURCE-

(R.S. Sec. 528, 529; Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat.

659; May 29, 1928, ch. 901, Sec. 1(101), 45 Stat. 993; Aug. 30,

1954, ch. 1076, Sec. 1(6), 68 Stat. 966.)

-COD-

CODIFICATION

R.S. Sec. 528 and 529 derived from the following acts: May 15,

1862, ch. 72, Sec. 3, 12 Stat. 387; Mar. 2, 1867, Sec. 1, 14 Stat.

440, 445.

Section was formerly classified to section 557 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1954 - Act Aug. 30, 1954, struck out provision in first sentence

which required that the annual report should contain an account of

all moneys received and expended by the Secretary.

1928 - Act May 29, 1928, struck out requirement that there be

included a statement of expenditures from contingent

appropriations.

-CHANGE-

CHANGE OF NAME

''Secretary of Agriculture'' substituted in text for

''Commissioner of Agriculture'' pursuant to sections 1 and 4 of act

Feb. 9, 1889, which are classified to section 2202 of this title.

See, also, section 2205 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

UNAVAILABILITY OF DEPARTMENT FUNDS TO PRODUCE PART 2 OF ANNUAL

REPORT

Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1048, provided

in part: ''That hereafter, none of the funds available to the

Department of Agriculture may be used to produce part 2 of the

annual report of the Secretary (known as the Yearbook of

Agriculture).''

-CITE-

7 USC Sec. 2207a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2207a. Reports to Congress on obligation and expenditure

-STATUTE-

(a) Not later than 20 days after the end of each fiscal year, the

Secretary of Agriculture shall submit to Congress a report on the

amounts obligated and expended by the Department during that fiscal

year for the procurement of advisory and assistance services.

(b) Each report submitted under subsection (a) of this section

shall include a list with the following information:

(1) All contracts awarded for the procurement of advisory and

assistance services during the fiscal year and the amount of each

contract.

(2) The purpose of each contract.

(3) The justification for the award of each contract and the

reason the work cannot be performed by civil servants.

-SOURCE-

(Pub. L. 101-161, title VI, Sec. 641, Nov. 21, 1989, 103 Stat. 986;

Pub. L. 104-316, title I, Sec. 104(b), Oct. 19, 1996, 110 Stat.

3829.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-316, in subsec. (a), struck out par. (1)

designation before ''Not later than'', struck out subpar. (A)

designation before ''submit to Congress'', struck out '', and (B)

transmit a copy of such report to the Comptroller General of the

United States'' after ''and assistance services'', redesignated

par. (2) as subsec. (b) and in introductory provisions substituted

''subsection (a) of this section shall'' for ''paragraph (1)

shall'', redesignated subpars. (A) to (C) as pars. (1) to (3),

respectively, and struck out former subsec. (b) which read as

follows: ''The Comptroller General of the United States shall

review the reports submitted under subsection (a) of this section

and transmit to Congress any comments and recommendations the

Comptroller General considers appropriate regarding the matter

contained in such reports.''

-CITE-

7 USC Sec. 2208 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2208. Expenditure of appropriations; accounting

-STATUTE-

The Secretary of Agriculture shall direct and superintend the

expenditure of all money appropriated to the Department and render

accounts thereof.

-SOURCE-

(R.S. Sec. 3677; Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat. 659.)

-COD-

CODIFICATION

R.S. Sec. 3677 derived act May 15, 1882, ch. 72, Sec. 3, 12 Stat.

388.

Section was formerly classified to section 557a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CHANGE-

CHANGE OF NAME

''Secretary of Agriculture'' substituted in text for

''Commissioner of Agriculture'' pursuant to sections 1 and 4 of act

Feb. 9, 1889, which are classified to section 2202 of this title.

See, also, section 2205 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

COMPLIANCE WITH BUY AMERICAN ACT

Pub. L. 105-86, title VII, Sec. 716, Nov. 18, 1997, 111 Stat.

2106, provided that:

''Hereafter: (a) Compliance With Buy American Act. - None of the

funds made available in this Act (see Tables for classification)

may be expended by an entity unless the entity agrees that in

expending the funds the entity will comply with sections 2 through

4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; popularly known

as the 'Buy American Act').

''(b) Sense of Congress; Requirement Regarding Notice. -

''(1) Purchase of american-made equipment and products. - In

the case of any equipment or product that may be authorized to be

purchased with financial assistance provided using funds made

available in this Act, it is the sense of the Congress that

entities receiving the assistance should, in expending the

assistance, purchase only American-made equipment and products.

''(2) Notice to recipients of assistance. - In providing

financial assistance using funds made available in this Act, the

head of each Federal agency shall provide to each recipient of

the assistance a notice describing the statement made in

paragraph (1) by the Congress.

''(c) Prohibition of Contracts With Persons Falsely Labeling

Products as Made in America. - If it has been finally determined by

a court or Federal agency that any person intentionally affixed a

label bearing a 'Made in America' inscription, or any inscription

with the same meaning, to any product sold in or shipped to the

United States that is not made in the United States, the person

shall be ineligible to receive any contract or subcontract made

with funds made available in this Act, pursuant to the debarment,

suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-180, title VII, Sec. 716, Aug. 6, 1996, 110 Stat.

1598.

Pub. L. 104-37, title VII, Sec. 716, Oct. 21, 1995, 109 Stat.

330.

Pub. L. 103-330, title VII, Sec. 719, Sept. 30, 1994, 108 Stat.

2468.

Pub. L. 103-111, title VII, Sec. 727, Oct. 21, 1993, 107 Stat.

1080.

-CITE-

7 USC Sec. 2209 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209. Additional statement of expenditures

-STATUTE-

The Secretary of Agriculture shall furnish proper vouchers and

accounts for the sums appropriated for the Department of

Agriculture to the General Accounting Office.

-SOURCE-

(Mar. 3, 1885, ch. 338, Sec. 2, 23 Stat. 356; Aug. 11, 1916, ch.

313, 39 Stat. 492; June 10, 1921, ch. 18 Sec. 301, 42 Stat. 23; May

29, 1928, ch. 901, Sec. 1(88), 45 Stat. 992.)

-COD-

CODIFICATION

Section was formerly classified to section 558 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

''General Accounting Office'' substituted in text for

''accounting officers of the Treasury'' on authority of act June

10, 1921.

-MISC3-

AMENDMENTS

1928 - Act May 29, 1928, struck out requirement that Secretary of

Agriculture present to Congress a detailed statement of the

expenditure of all appropriations for the Department for the

preceding fiscal year.

1916 - Act Aug. 11, 1916, amended section generally.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2209a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209a. Advances to chiefs of field parties

-STATUTE-

On and after October 28, 1991, advances of money to chiefs of

field parties from any appropriation for the Department of

Agriculture may be made by authority of the Secretary of

Agriculture.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 706, Oct. 28, 1991, 105 Stat.

911.)

-CITE-

7 USC Sec. 2209b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209b. Availability of appropriations

-STATUTE-

New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the

contingency fund to meet emergency conditions, fruit fly program,

emerging plant pests, integrated systems acquisition project, boll

weevil program, up to 25 percent of the screwworm program, and up

to $2,000,000 for costs associated with collocating regional

offices; Food Safety and Inspection Service, field automation and

information management project; Cooperative State Research,

Education, and Extension Service, funds for competitive research

grants (7 U.S.C. 450i(b)), funds for the Research, Education and

Economics Information System (REEIS), and funds for the Native

American Institutions Endowment Fund; Farm Service Agency, salaries

and expenses funds made available to county committees; Foreign

Agricultural Service, middle-income country training program and up

to $2,000,000 of the Foreign Agricultural Service appropriation

solely for the purpose of offsetting fluctuations in international

currency exchange rates, subject to documentation by the Foreign

Agricultural Service.

-SOURCE-

(Pub. L. 107-76, title VII, Sec. 705, Nov. 28, 2001, 115 Stat.

732.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 107-76, Nov. 28, 2001,

115 Stat. 704, known as the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations Act,

2002. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Section is from the appropriation act cited as the credit to this

section.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 705), Oct. 28, 2000,

114 Stat. 1549, 1549A-28.

Pub. L. 106-78, title VII, Sec. 705, Oct. 22, 1999, 113 Stat.

1161.

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 705), Oct.

21, 1998, 112 Stat. 2681, 2681-25.

Pub. L. 105-86, title VII, Sec. 705, Nov. 18, 1997, 111 Stat.

2104.

Pub. L. 104-180, title VII, Sec. 705, Aug. 6, 1996, 110 Stat.

1596.

Pub. L. 104-37, title VII, Sec. 705, Oct. 21, 1995, 109 Stat.

329.

Pub. L. 103-330, title VII, Sec. 705, Sept. 30, 1994, 108 Stat.

2466.

Pub. L. 103-111, title VII, Sec. 706, Oct. 21, 1993, 107 Stat.

1078.

Pub. L. 102-341, title VII, Sec. 706, Aug. 14, 1992, 106 Stat.

907.

Pub. L. 102-142, title VII, Sec. 708, Oct. 28, 1991, 105 Stat.

911.

Pub. L. 101-506, title VI, Sec. 608, Nov. 5, 1990, 104 Stat.

1346.

Pub. L. 101-161, title VI, Sec. 608, Nov. 21, 1989, 103 Stat.

982.

Pub. L. 100-460, title VI, Sec. 608, Oct. 1, 1988, 102 Stat.

2260.

Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 608), Dec. 22, 1987,

101 Stat. 1329-322, 1329-354.

Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 608), Oct. 18, 1986,

100 Stat. 1783, 1783-27, and Pub. L. 99-591, Sec. 101(a) (title VI,

Sec. 608), Oct. 30, 1986, 100 Stat. 3341, 3341-27.

Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title VI, Sec. 608), Dec.

19, 1985, 99 Stat. 1185.

Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743, title VI, Sec.

608), Oct. 12, 1984, 98 Stat. 1837.

Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title VI, Sec. 608), Nov.

14, 1983, 97 Stat. 972.

Pub. L. 97-370, title VI, Sec. 608, Dec. 18, 1982, 96 Stat. 1810.

Pub. L. 97-103, title VI, Sec. 608, Dec. 23, 1981, 95 Stat. 1488.

Pub. L. 96-528, title VI, Sec. 608, Dec. 15, 1980, 94 Stat. 3116.

Pub. L. 96-108, title VI, Sec. 607, Nov. 9, 1979, 93 Stat. 841.

Pub. L. 95-448, title VI, Sec. 607, Oct. 11, 1978, 92 Stat. 1092.

Pub. L. 95-97, title VI, Sec. 608, Aug. 12, 1977, 91 Stat. 828.

Pub. L. 94-351, title VI, Sec. 608, July 12, 1976, 90 Stat. 868.

Pub. L. 94-122, title VI, Sec. 611, Oct. 21, 1975, 89 Stat. 667.

-CITE-

7 USC Sec. 2209c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209c. Use of funds for one-year contracts to be performed in

two fiscal years

-STATUTE-

On and after October 28, 1991, funds appropriated to the

Department of Agriculture and the Food and Drug Administration may

be used for one-year contracts which are to be performed in two

fiscal years so long as the total amount for such contracts is

obligated in the year for which the funds are appropriated.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 725, Oct. 28, 1991, 105 Stat.

913.)

-CITE-

7 USC Sec. 2209d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209d. Statement of percentage and dollar amount of Federal

funding

-STATUTE-

On and after October 28, 1991, the Department of Agriculture,

when issuing statements, press releases, requests for proposals,

bid solicitations, and other documents describing projects or

programs funded in whole or in part with Federal money, all

grantees receiving Federal funds, including but not limited to

State and local governments, shall clearly state (1) the percentage

of the total cost of the program or project which will be financed

with Federal money, and (2) the dollar amount of Federal funds for

the project or program.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 733, Oct. 28, 1991, 105 Stat.

914.)

-CITE-

7 USC Sec. 2209e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209e. Prohibition on payments to parties involved with

prohibited drug-producing plants

-STATUTE-

On and after October 21, 1993, none of the funds available to the

Department of Agriculture may be used to make production or other

payments to a person, persons, or corporations upon a final finding

by court of competent jurisdiction that such party is guilty of

growing, cultivating, harvesting, processing or storing marijuana,

or other such prohibited drug-producing plants on any part of lands

owned or controlled by such persons or corporations.

-SOURCE-

(Pub. L. 103-111, title VII, Sec. 704, Oct. 21, 1993, 107 Stat.

1078.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 102-341, title VII, Sec. 704, Aug. 14, 1992, 106 Stat.

907.

Pub. L. 102-142, title VII, Sec. 705, Oct. 28, 1991, 105 Stat.

911.

Pub. L. 101-506, title VI, Sec. 605, Nov. 5, 1990, 104 Stat.

1346.

Pub. L. 101-161, title VI, Sec. 605, Nov. 21, 1989, 103 Stat.

982.

Pub. L. 100-460, title VI, Sec. 605, Oct. 1, 1988, 102 Stat.

2259.

Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 605), Dec. 22, 1987,

101 Stat. 1329-322, 1329-353.

-CITE-

7 USC Sec. 2209f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2209f. Restriction on commodity purchase program payments

-STATUTE-

On and after October 28, 2000, none of the funds made available

to the Department of Agriculture shall be used to carry out any

commodity purchase program that would prohibit eligibility or

participation by farmer-owned cooperatives.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 725), Oct. 28, 2000,

114 Stat. 1549, 1549A-32.)

-CITE-

7 USC Sec. 2210 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2210. Deputy Secretary of Agriculture; appointment

-STATUTE-

There is established in the Department of Agriculture the

position of Deputy Secretary of Agriculture, to be appointed by the

President, by and with the advice and consent of the Senate.

-SOURCE-

(Mar. 26, 1934, ch. 89, title I, 48 Stat. 467; Pub. L. 94-561, Sec.

1(c)(1), Oct. 19, 1976, 90 Stat. 2643.)

-COD-

CODIFICATION

Provisions of this section which prescribed the basic

compensation of the Under Secretary were omitted to conform to the

provisions of act July 31, 1956. See section 5314 of Title 5,

Government Organization and Employees.

Section was formerly classified to section 514a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-561 substituted ''Deputy Secretary of

Agriculture'' for ''Under Secretary of Agriculture''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-561 effective Oct. 19, 1976, see section

5 of Pub. L. 94-561, set out as a note under section 5313 of Title

5, Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953, Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

STATUS OF INCUMBENT UNDER SECRETARY OF AGRICULTURE

Section 1(d) of Pub. L. 94-561 provided that: ''The officer

occupying the position of Under Secretary of Agriculture, on the

date of enactment of this Act (Oct. 19, 1976), may assume the

duties of the Deputy Secretary of Agriculture. The individual

assuming such duties shall not be required to be reappointed by

reason of the enactment of this Act.''

-CITE-

7 USC Sec. 2211 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2211. Powers and duties of Deputy Secretary of Agriculture

-STATUTE-

The Deputy Secretary of Agriculture is authorized to exercise the

functions and perform the duties of the first assistant of the

Secretary of Agriculture within the meaning of section 3345 of

title 5 and shall perform such other duties as may be required by

law or prescribed by the Secretary of Agriculture.

-SOURCE-

(June 5, 1939, ch. 181, 53 Stat. 809; Pub. L. 94-561, Sec. 1(c)(2),

Oct. 19, 1976, 90 Stat. 2643.)

-COD-

CODIFICATION

''Section 3345 of title 5'' substituted in text for ''section 177

of the Revised Statutes of the United States (U.S.C., title 5, sec.

4)'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80

Stat. 631, the first section of which enacted Title 5, Government

Organization and Employees.

Section was formerly classified to section 514b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-561 substituted ''Deputy Secretary of

Agriculture'' for Under Secretary of Agriculture.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-561 effective Oct. 19, 1976, see section

5 of Pub. L. 94-561, set out as a note under section 5313 of Title

5, Government Organization and Employees.

-CITE-

7 USC Sec. 2211a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2211a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-501, title V, Sec. 501(a), Oct. 21, 1978, 92

Stat. 1691, which related to establishment in Department of

Agriculture of position of Under Secretary of Agriculture for

International Affairs and Commodity Programs, was omitted in the

complete revision of Pub. L. 95-501 by Pub. L. 101-624, title XV,

Sec. 1531, Nov. 28, 1990, 104 Stat. 3668. See section 5691 of this

title.

-MISC3-

REDESIGNATION OF ASSISTANT SECRETARY OF AGRICULTURE FOR

INTERNATIONAL AFFAIRS AND COMMODITY PROGRAMS

Section 501(c) of Pub. L. 95-501, which prohibited the use of the

designation of ''Assistant Secretary of Agriculture for

International Affairs and Commodity Programs'' after Oct. 21, 1978,

was omitted in the complete revision of Pub. L. 95-501 by Pub. L.

101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3668.

-CITE-

7 USC Sec. 2211b to 2212c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2211b to 2212c. Repealed. Pub. L. 103-354, title II, Sec.

218(e)(2)-(6), 231(f)(1), Oct. 13, 1994, 108 Stat. 3213, 3219

-MISC1-

Section 2211b, Pub. L. 96-355, Sec. 3(a), Sept. 24, 1980, 94

Stat. 1173, authorized appointment of an Under Secretary of

Agriculture for Small Community and Rural Development.

Section 2212, acts Feb. 9, 1889, ch. 122, Sec. 2, 25 Stat. 659;

June 30, 1906, ch. 3913, 34 Stat. 670, authorized appointment of an

Assistant Secretary of Agriculture.

Section 2212a, Pub. L. 92-419, title VI, Sec. 604(a), Aug. 30,

1972, 86 Stat. 676, authorized appointment of an additional

Assistant Secretary of Agriculture.

Section 2212b, Pub. L. 94-561, Sec. 2, Oct. 19, 1976, 90 Stat.

2643, authorized appointment of an additional Assistant Secretary

of Agriculture.

Section 2212c, Pub. L. 97-325, Sec. 8(a), Oct. 15, 1982, 96 Stat.

1605, authorized appointment of an additional Assistant Secretary

of Agriculture.

-CITE-

7 USC Sec. 2213 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2213. Omitted

-COD-

CODIFICATION

Section, acts June 5, 1952, ch. 369, ch. XI, Sec. 1101, 66 Stat.

121; 1953 Reorg. Plan No. 2, Sec. 3, eff. June 4, 1953, 18 F.R.

3219, 67 Stat. 633; June 28, 1955, ch. 189, Sec. 12(c)(16), 69

Stat. 182; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 307, 78

Stat. 432, related to the position of Assistant Secretary of

Agriculture for Administration established by section 3 of Reorg.

Plan No. 2 of 1953. Section 3 of Reorg. Plan No. 2 of 1953 was

repealed by Pub. L. 97-325, Sec. 8(d), Oct. 15, 1982, 96 Stat.

1606. See section 2212c of this title.

Section was formerly classified to section 517b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2214 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2214. General Counsel; appointment

-STATUTE-

(a) The President shall appoint on and after July 31, 1956, by

and with the advice and consent of the Senate, a General Counsel of

the Department of Agriculture.

(b) The existing office of General Counsel of the Department of

Agriculture shall be abolished effective upon the appointment and

qualification of the General Counsel provided for by subsection (a)

of this section or April 1, 1957, whichever is earlier.

-SOURCE-

(July 31, 1956, ch. 804, title III, Sec. 301, 70 Stat. 742.)

-COD-

CODIFICATION

Section is based on that part of section 301 of act July 31,

1956, relating to the General Counsel of the Department of

Agriculture. That part of such section 301 relating to the General

Counsel of the Department of Health, Education, and Welfare (now

Health and Human Services), is classified to section 3504 of Title

42, The Public Health and Welfare. That part of such section 301

relating to the General Counsel of the Post Office Department was

enacted as section 307 of Title 39 by Pub. L. 86-682, Sept. 2,

1960, 74 Stat. 580. Such provisions were eliminated from Title 39

by the Postal Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84

Stat. 719.

Section was formerly classified to section 518a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2215 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2215. Chief clerk

-STATUTE-

The Secretary of Agriculture shall appoint a chief clerk.

-SOURCE-

(R.S. Sec. 523; Feb. 9, 1889, ch. 122, Sec. 1, 4, 25 Stat. 659;

Feb. 10, 1925, ch. 200, 43 Stat. 822.)

-COD-

CODIFICATION

R.S. Sec. 523 derived from act May 15, 1862, ch. 72, Sec. 4, 12

Stat. 388.

Section was formerly classified to section 519 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CHANGE-

CHANGE OF NAME

''Secretary of Agriculture'' substituted in text for

''Commissioner of Agriculture'' pursuant to sections 1 and 4 of act

Feb. 9, 1889, which are classified to section 2202 of this title.

See, also, section 2205 of this title.

-CITE-

7 USC Sec. 2216 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2216. Repealed. Pub. L. 92-310, title II, Sec. 221(a), June 6,

1972, 86 Stat. 205

-MISC1-

Section, R.S. Sec. 524; acts Mar. 2, 1895, ch. 177, Sec. 5, 28

Stat. 807; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759,

related to the bond of the chief clerk of the Department of

Agriculture.

Section was formerly classified to section 520 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2217 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2217. Oaths, affirmations, and affidavits taken by officers,

agents, or employees of Department; use and effect

-STATUTE-

Such officers, agents, or employees of the Department of

Agriculture of the United States as are designated by the Secretary

of Agriculture for the purpose are authorized and empowered to

administer to or take from any person an oath, affirmation, or

affidavit whenever such oath, affirmation, or affidavit is for use

in any prosecution or proceeding under or in the enforcement of any

law committed to or which may be committed to the Secretary of

Agriculture or the Department of Agriculture or any bureau or

subdivision thereof for administration. Any such oath,

affirmation, or affidavit administered or taken by or before such

officer, agent, or employee when certified under his hand and

authenticated by the seal of the Department of Agriculture may be

offered or used in any court of the United States and shall have

like force and effect as if administered or taken before a clerk of

such court without further proof of the identity or authority of

such officer, agent, or employee.

-SOURCE-

(Jan. 31, 1925, ch. 124, Sec. 1, 43 Stat. 803.)

-COD-

CODIFICATION

Section was formerly classified to section 521 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

DEPARTMENT OF THE INTERIOR PERSONNEL

Provisions of this section were made applicable to such officers,

agents, or employees of Department of the Interior performing

functions of former Bureau of Biological Survey as are designated

by Secretary of the Interior for purposes named herein by 1939

Reorg. Plan No. II, Sec. 4(g), eff. July 1, 1939, 4 F.R. 2731, 53

Stat. 1433, set out in the Appendix to Title 5, Government

Organization and Employees. See also sections 401 to 404 of said

plan for provisions relating to transfer of functions, records,

property, personnel, and funds. Bureau of Biological Survey was

subsequently consolidated with Bureau of Fisheries into Fish and

Wildlife Service in Department of the Interior by 1940 Reorg. Plan

No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232,

also set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2218 of this title.

-CITE-

7 USC Sec. 2218 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2218. Fee for administering or taking oaths, affirmations, and

affidavits

-STATUTE-

No officer, agent, or employee of the Department of Agriculture

shall demand or accept any fee or compensation whatsoever for

administering or taking any oath, affirmation, or affidavit under

the authority conferred by section 2217 of this title.

-SOURCE-

(Jan. 31, 1925, ch. 124, Sec. 2, 43 Stat. 803.)

-COD-

CODIFICATION

Section was formerly classified to section 522 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-MISC5-

DEPARTMENT OF THE INTERIOR PERSONNEL

Application to Department of the Interior employees, see note

under section 2217 of this title.

-CITE-

7 USC Sec. 2219 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2219. Salaries; how paid

-STATUTE-

The Secretary of Agriculture is authorized and directed to pay

the salary of each employee from the roll of the bureau,

independent division, or office in which the employee is working,

and no other.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

-COD-

CODIFICATION

Section was formerly classified to section 528 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2219a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2219a. Overtime and holiday pay

-STATUTE-

(a) In general

The Secretary of Agriculture may -

(1) pay employees of the Department of Agriculture employed in

an establishment subject to the Federal Meat Inspection Act (21

U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21

U.S.C. 451 et seq.) for all overtime and holiday work performed

at the establishment at rates determined by the Secretary,

subject to applicable law relating to minimum wages and maximum

hours; and

(2) accept from the establishment reimbursement for any sums

paid by the Secretary for the overtime and holiday work, at rates

determined under paragraph (1).

(b) Availability

Sums received by the Secretary under this section shall remain

available until expended without further appropriation and without

fiscal year limitation, to carry out subsection (a) of this

section.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10703(a), (b), May 13, 2002, 116

Stat. 517.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Meat Inspection Act, referred to in subsec. (a)(1),

is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L.

90-201, Dec. 15, 1967, 81 Stat. 584, and amended, which are

classified generally to subchapters I to IV (Sec. 601 et seq.) of

chapter 12 of Title 21, Food and Drugs. For complete classification

of this Act to the Code, see Short Title note set out under section

601 of Title 21 and Tables.

The Poultry Products Inspection Act, referred to in subsec.

(a)(1), is Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended,

which is classified generally to chapter 10 (Sec. 451 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see Short Title note set out under section 451 of

Title 21 and Tables.

-CITE-

7 USC Sec. 2220 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2220. Certain officials and employees of Department and others

not subject to restriction on payment of compensation to

Government officials and employees

-STATUTE-

The officials and the employees of the Department of Agriculture

engaged in the activities described in section 450b of this title

and paid in whole or in part out of funds contributed as provided

therein, and the persons, corporations, or associations making

contributions as therein provided, shall not be subject to the

provisions of section 209 of title 18; nor shall any official or

employee engaged in the cooperative activities of the Forest

Service, or the persons, corporations, or associations contributing

to such activities be subject to such section.

-SOURCE-

(July 24, 1919, ch. 26, 41 Stat. 270; Sept. 3, 1954, ch. 1263, Sec.

5, 68 Stat. 1227.)

-COD-

CODIFICATION

''Section 209 of title 18'' substituted in text for ''section

1914 of title 18'' on authority of section 2 of Pub. L. 87-849,

Oct. 23, 1962, 76 Stat. 1126, which repealed section 1914 and

supplanted it with section 209, and which provided that exemptions

from section 1914 shall be deemed exemptions from section 209. For

further details, see Exemptions note set out under section 203 of

Title 18, Crimes and Criminal Procedure.

Section was formerly classified to sections 67 and 564 of Title 5

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378. Thereafter, section was classified to section

450h of this title prior to its transfer to this section.

-MISC3-

AMENDMENTS

1954 - Act Sept. 3, 1954, substituted ''section 1914 of title

18'' for reference to proviso in Act of March 3, 1917 (5 U.S.C.

66).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 743.

-CITE-

7 USC Sec. 2221 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2221. Details of persons from or to office of Secretary

-STATUTE-

Details may be made from or to the office of the Secretary when

necessary and the services of the person whom it is proposed to

detail are not required in that office.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

-COD-

CODIFICATION

Section was formerly classified to section 530 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2222 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2222. Details of law clerks

-STATUTE-

Law clerks may be detailed by the Secretary of Agriculture for

service in or out of Washington.

-SOURCE-

(Mar. 4, 1911, ch. 238, 36 Stat. 1236.)

-COD-

CODIFICATION

Section was formerly classified to section 531 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2223 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2223. Details of employees from and to library and bureaus and

offices

-STATUTE-

Employees of the library may be temporarily detailed by the

Secretary of Agriculture for library service in the bureaus and

offices of the department, and employees of the bureaus and offices

of the department engaged in library work may also be temporarily

detailed to the library.

-SOURCE-

(Mar. 4, 1911, ch. 238, 36 Stat. 1261.)

-REFTEXT-

REFERENCES IN TEXT

The library, referred to in text, is the library of the

Department of Agriculture, known as the National Agricultural

Library.

-COD-

CODIFICATION

Section was formerly classified to section 532 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2224 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2224. Details of employees from and to Division of Accounts

and Disbursements and bureaus and offices; traveling expenses

-STATUTE-

Employees of the Division of Accounts and Disbursements may be

detailed by the Secretary of Agriculture for accounting and

disbursing work in any of the bureaus and offices of the department

for duty in or out of the city of Washington, and employees of the

bureaus and offices of the department may also be detailed to the

Division of Accounts and Disbursements for duty in or out of the

city of Washington, traveling expenses of employees so detailed to

be paid from the appropriation of the bureau or office in

connection with which such travel is performed.

-SOURCE-

(Aug. 10, 1912, ch. 284, 37 Stat. 294.)

-REFTEXT-

REFERENCES IN TEXT

The Division of Accounts and Disbursements, referred to in text,

was a division of the Department of Agriculture at the time of

enactment of this section. The activities of that Division are now

performed by the various departmental offices in the Department of

Agriculture under the Assistant Secretary of Agriculture for

Administration. In a similar consolidation of operations, but one

carried out in a different department, the Division of Disbursement

and certain other offices and agencies and their functions in the

Treasury Department were consolidated into the Fiscal Service of

the Treasury Department by 1940 Reorg. Plan No. III, Sec. 1(a),

eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the

Appendix to Title 5, Government Organization and Employees.

-COD-

CODIFICATION

Section was formerly classified to section 533 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2224a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2224a. Utilization of employees of agencies for part-time and

intermittent assistance to other agencies; exclusion of

overtime resulting from natural disasters from staff year

ceilings

-STATUTE-

On and after October 28, 1991, notwithstanding any other

provision of law, employees of the agencies of the Department of

Agriculture, including employees of the Agricultural Stabilization

and Conservation county committees, may be utilized to provide

part-time and intermittent assistance to other agencies of the

Department, without reimbursement, during periods when they are not

otherwise fully utilized, and ceilings on full-time equivalent

staff years established for or by the Department of Agriculture

shall exclude overtime as well as staff years expended as a result

of carrying out programs associated with natural disasters, such as

forest fires, droughts, floods, and other acts of God.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 711, Oct. 28, 1991, 105 Stat.

912.)

-CITE-

7 USC Sec. 2225 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2225. Employment of temporary personnel

-STATUTE-

The Department of Agriculture may employ persons or

organizations, on a temporary basis, by contract or otherwise:

Provided, That no expenditures for such temporary employment shall

be made unless provision is made therefor in the applicable

appropriation and the cost thereof is not in excess of limitations

prescribed therein.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 706(a), 58 Stat. 742; Ex.

Ord. No. 9577, June 29, 1945, 10 F.R. 4253.)

-COD-

CODIFICATION

This section was enacted as a part of the Department of

Agriculture Organic Act of 1944.

First sentence of section which related to the authority of the

War Food Administrator to employ personnel was omitted on the

authority of Ex. Ord. No. 9577, which terminated the War Food

Administration.

The exception from ''the Classification Act of 1923, as amended''

was omitted as obsolete. Sections 1202 and 1204 of the

Classification Act of 1949 (63 Stat. 972, 973) repealed the 1923

Act and all laws or parts of laws inconsistent with the 1949 Act.

While section 1106(a) of the 1949 Act provided that references in

other laws to the 1923 Act should be held and considered to mean

the 1949 Act, it did not have the effect of continuing the

exception contained in this section because of section 1106(b) that

provided that the application of the 1949 Act to any position,

officer, or employee shall not be affected by section 1106(a). The

Classification Act of 1949 was repealed by Pub. L. 89-544, Sec.

8(a), Sept. 6, 1966, 80 Stat. 632 (section 1 of which revised and

enacted Title 5, Government Organization and Employees, into law).

Section 5102 of Title 5 now contains the applicability provisions

of the 1949 Act.

Section was formerly classified to section 574 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2225a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2225a. Contracts for consulting services

-STATUTE-

On and after October 28, 1991, the expenditure of any

appropriation for the Department of Agriculture for any consulting

service through procurement contract, pursuant to 5 U.S.C. 3109,

shall be limited to those contracts where such expenditures are a

matter of public record and available for public inspection, except

where otherwise provided under existing law, or under existing

Executive order issued pursuant to existing law.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 701, Oct. 28, 1991, 105 Stat.

911.)

-CITE-

7 USC Sec. 2225b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2225b. Personal service contracts for veterinarians

-STATUTE-

On and after October 28, 1991, provisions of law prohibiting or

restricting personal services contracts shall not apply to

veterinarians employed by the Department to take animal blood

samples, test and vaccinate animals, and perform branding and

tagging activities on a fee-for-service basis.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 723, Oct. 28, 1991, 105 Stat.

913.)

-CITE-

7 USC Sec. 2225c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2225c. Employment contracts for services abroad

-STATUTE-

On and after October 28, 2000, funds appropriated to the

Department of Agriculture may be used to employ individuals by

contract for services outside the United States as determined by

the agencies to be necessary or appropriate for carrying out

programs and activities abroad; and such contracts are authorized

to be negotiated, the terms of the contract to be prescribed, and

the work to be performed, where necessary, without regard to such

statutory provisions as relate to the negotiation, making and

performance of contracts and performance of work in the United

States. Individuals employed by contract to perform such services

outside the United States shall not by virtue of such employment be

considered to be employees of the United States Government for

purposes of any law administered by the Office of Personnel

Management. Such individuals may be considered employees within the

meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et

seq. Further, that (FOOTNOTE 1) Government service credit shall be

accrued for the time employed under a Personal Service Agreement

(PSA) should the individual later be hired into a permanent United

States Government position within FAS or another United States

Government agency if the authorities of the hiring agency so

permit.

(FOOTNOTE 1) So in original.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 740), Oct. 28, 2000,

114 Stat. 1549, 1549A-34.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Employee Compensation Act, referred to in text, is

act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended, which was

repealed and the provisions thereof were reenacted as subchapter I

(Sec. 8101 et seq.) of chapter 81 of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 378.

-MISC2-

AVAILABILITY OF FOREIGN AGRICULTURAL SERVICE FUNDS

Pub. L. 100-202, Sec. 101(k) (title IV), Dec. 22, 1987, 101 Stat.

1329-322, 1329-350, as amended by Pub. L. 105-277, div. A, Sec.

101(a) (title VII, Sec. 750), Oct. 21, 1998, 112 Stat. 2681,

2681-32, provided in part: ''That funds available to the Foreign

Agricultural Service under this and subsequent appropriations Acts

shall be available to contract with individuals for services to be

performed outside the United States as determined by the Service to

be necessary or appropriate for carrying out programs and

activities abroad. On or after August 1, 1998 such individuals

employed by contract to perform such services shall not, by virtue

of such employment, be considered to be employees of the United

States Government for purposes of any law administered by the

Office of Personnel Management. Such individuals may be considered

employees within the meaning of the Federal Employee Compensation

Act, 5 U.S.C. 8101 et seq.''

-CITE-

7 USC Sec. 2226 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2226. Employment of persons for forest fire fighting, pest

control, and handling of animals

-STATUTE-

Notwithstanding any other provisions of law, the Department is

authorized on and after August 31, 1951, to employ or otherwise

contract with persons at regular rates of pay for necessary hours

of work for emergency forest fire fighting and pest control and for

handling of animals, including dairy cattle, without regard to

Sundays, Federal holidays, and the regular workweek.

-SOURCE-

(Aug. 31, 1951, ch. 374, title IV, Sec. 407, 65 Stat. 246.)

-COD-

CODIFICATION

Section was formerly classified to section 574a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2227 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2227. Traveling expenses

-STATUTE-

The Secretary of Agriculture is authorized to purchase from

appropriations made for traveling expenses for employees of the

Department of Agriculture, mileage and mileage books, at commercial

rates, in the manner in which such mileage or mileage books are

usually purchased.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1281.)

-COD-

CODIFICATION

Section was formerly classified to section 538 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

REPEAL

Insofar as the provisions of this section relating to subsistence

may conflict with those of sections 821 to 823, and 827 to 833 of

former Title 5, which are now covered by sections 102, 105, 2105,

2106, 5701, 5705, 5707 and 5708 of Title 5, Government Organization

and Employees, they were repealed by section 829 of former Title 5,

which is now covered by section 5708 of Title 5.

-CITE-

7 USC Sec. 2228 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2228. Emergency subsistence for employees

-STATUTE-

The Department of Agriculture is authorized to furnish

subsistence to employees without consideration as, or deduction

from, the compensation of such employees where warranted by

emergency condition connected with the work under such regulations

as the Secretary of Agriculture may prescribe.

-SOURCE-

(Aug. 3, 1956, ch. 950, Sec. 5, 70 Stat. 1033.)

-COD-

CODIFICATION

Section was formerly classified to section 541d of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2229 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2229. Travel and per diem expenses of temporary or seasonal

employees

-STATUTE-

Under such regulations as may be prescribed by the Secretary of

Agriculture, funds available to the Department of Agriculture may

be used for the payment of transportation expenses and per diem in

lieu of subsistence expenses, in accordance with subchapter I of

chapter 57 of title 5, for travel between places of recruitment and

duty, and while at places of duty, of persons appointed for

temporary or seasonal services in inspection, classing or grading

agricultural commodities.

-SOURCE-

(Aug. 3, 1956, ch. 950, Sec. 12, 70 Stat. 1034.)

-COD-

CODIFICATION

Section was formerly classified to section 541e of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

''Subchapter I of chapter 57 of title 5'' substituted in text for

''the Travel Expense Act of 1949'' on authority of Pub. L. 89-554,

Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

-CITE-

7 USC Sec. 2230 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2230. Employees in Alaska; subsistence, equipment, and

supplies

-STATUTE-

The Secretary of Agriculture is authorized to furnish subsistence

to employees of the United States Department of Agriculture in the

Territory of Alaska, and to purchase personal equipment and

supplies for them, and to make deductions to meet the cost thereof

from any money appropriated for salary payments or otherwise due

such employees.

-SOURCE-

(Feb. 16, 1931, ch. 200, 46 Stat. 1162.)

-COD-

CODIFICATION

Section was formerly classified to section 543a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

REPEAL

Insofar as the provisions of this section relating to subsistence

may conflict with those of sections 821 to 823, and 827 to 833 of

former Title 5, which are now covered by sections 102, 105, 2105,

2106, 5701, 5705, 5707 and 5708 of Title 5, Government Organization

and Employees, they were repealed by section 829 of former Title 5,

which is now covered by section 5708 of Title 5.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-CITE-

7 USC Sec. 2231 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2231. Official expenses of employees stationed abroad

-STATUTE-

Employees of the Department of Agriculture stationed abroad may,

with the approval of the Secretary of Agriculture, enter into

leases for official quarters, for periods not exceeding one year,

and may pay rent, telephone, subscriptions to publications, and

other charges incident to the conduct of their offices and the

discharge of their duties, in advance, in any foreign country where

custom or practice requires payment in advance.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 705(c), 58 Stat. 742.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 543b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following Department of Agriculture Appropriation Acts:

June 28, 1944, ch. 296, 58 Stat. 426.

July 12, 1943, ch. 215, 57 Stat. 393.

July 22, 1942, ch. 516, 56 Stat. 665.

July 1, 1941, ch. 267, 55 Stat. 409.

June 25, 1940, ch. 421, 54 Stat. 532.

June 30, 1939, ch. 253, title I, 53 Stat. 940.

June 16, 1938, ch. 464, title I, 52 Stat. 711.

June 29, 1937, ch. 404, 50 Stat. 395.

-CITE-

7 USC Sec. 2231a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2231a. Reimbursement of employees for costs of State licenses

and certification fees

-STATUTE-

On and after October 28, 1991, notwithstanding any other

provision of law, any appropriations or funds available to the

agencies of the Department of Agriculture may be used to reimburse

employees for the cost of State licenses and certification fees

pursuant to their Department of Agriculture position and that are

necessary to comply with State laws, regulations, and requirements.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 738, Oct. 28, 1991, 105 Stat.

915.)

-CITE-

7 USC Sec. 2231b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2231b. First amendment rights of employees of the United

States Department of Agriculture

-STATUTE-

Notwithstanding any other provision of law, no employee of the

United States Department of Agriculture shall be peremptorily

removed, on or after February 15, 1994, from the position of the

employee without an opportunity for a public or nonpublic hearing,

at the option of the employee, because of remarks made during

personal time in opposition to policies, or proposed policies, of

the Department, including policies or proposed policies regarding

homosexuals. Any employee removed on or after February 15, 1994,

without the opportunity for such a hearing shall be reinstated to

the position of the employee pending such a hearing.

-SOURCE-

(Pub. L. 103-354, title III, Sec. 302, Oct. 13, 1994, 108 Stat.

3239.)

-CITE-

7 USC Sec. 2232 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2232. Stenographic reporting service

-STATUTE-

The Department of Agriculture is authorized to contract for

stenographic reporting services.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 705(b), 58 Stat. 742.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 520a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following Department of Agriculture Appropriation Acts, and were

repealed by Pub. L. 89-554, Sec. 8(a), Sept 6, 1966, 80 Stat. 632:

June 28, 1944, ch. 296, 58 Stat. 426.

July 12, 1943, ch. 215, 57 Stat. 392.

July 22, 1942, ch. 516, 56 Stat. 665.

July 1, 1941, ch. 267, 55 Stat. 408.

June 25, 1940, ch. 421, 54 Stat. 532.

June 30, 1939, ch. 253, title I, 53 Stat. 940.

June 16, 1938, ch. 464, title I, 52 Stat. 711.

June 29, 1937, ch. 404, 50 Stat. 395.

June 4, 1936, ch. 489, 49 Stat. 1421.

May 17, 1935, ch. 131, title I, Sec. 1, 49 Stat. 248.

Mar. 26, 1934, ch. 89, 48 Stat. 468.

Mar. 3, 1933, ch. 203, 47 Stat. 1432.

July 7, 1932, ch. 443, 47 Stat. 610.

Feb. 23, 1931, ch. 278, 46 Stat. 1243.

May 27, 1930, ch. 341, 46 Stat. 393.

Feb. 16, 1929, ch. 227, 45 Stat. 1190.

May 16, 1928, ch. 572, 45 Stat. 540.

Jan. 18, 1927, ch. 39, 44 Stat. 977.

May 11, 1926, ch. 286, 44 Stat. 500.

-CITE-

7 USC Sec. 2233 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2233. Funds available for expenses of advisory committees

-STATUTE-

Funds available for carrying out the activities of the Department

of Agriculture shall be available for expenses of advisory

committees, including travel expenses in accordance with the

provisions of section 5703 of title 5.

-SOURCE-

(Aug. 3, 1956, ch. 950, Sec. 4, 70 Stat. 1033.)

-COD-

CODIFICATION

''Section 5703 of title 5'' substituted in text for ''section 5

of the Administrative Expenses Act of 1946, as amended'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

Section was formerly classified to section 541c of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2234 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2234. Purchases for bureaus from appropriations for contingent

expenses

-STATUTE-

The Secretary of Agriculture may purchase stationery, supplies,

furniture, and miscellaneous materials from this appropriation for

contingent expenses and transfer the same at actual cost to the

various bureaus, divisions, and offices of the Department of

Agriculture in the city of Washington, reimbursement therefor to be

made to such appropriation by said bureaus, divisions, and offices

from their lump-fund appropriations by transfer settlements through

the Treasury Department.

-SOURCE-

(Aug. 10, 1912, ch. 284, 37 Stat. 296.)

-COD-

CODIFICATION

Section was formerly classified to section 542 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2235 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2235. Working capital fund established; use of central

services by bureaus, etc., of the Department

-STATUTE-

A working capital fund of $400,000 is established without fiscal

year limitation, for the payment of salaries and other expenses

necessary to the maintenance and operation of (1) central

duplicating, photographic, and tabulating services, (2) a central

motor-transport service for the maintenance, repair, and operation

of motor-transport vehicles and other equipment, (3) a central

supply service for the purchase, storage, handling, issuance,

packing, or shipping of stationery, supplies, equipment, blank

forms, and miscellaneous materials, for which stocks thereof, not

to exceed $200,000 in value (except for the value of blank forms)

at the close of any fiscal year, may be maintained sufficient to

meet, in whole or in part, requirements of the bureaus and offices

of the Department in the city of Washington and elsewhere, and (4)

such other services as the Secretary, with the approval of the

Director of the Office of Management and Budget, determines may be

performed more advantageously as central services; said fund to be

credited with advances or reimbursements from applicable funds of

bureaus, offices, and agencies for which services are performed on

the basis of rates which shall include estimated or actual charges

for personal services, materials, equipment (including maintenance,

repairs, and depreciation) and other expenses: Provided, That such

advances shall not be available for any period beyond that provided

by the Act appropriating the funds: Provided further, That such

central services shall, to the fullest extent practicable, be used

to make unnecessary the maintenance of separate like services in

the bureaus, offices, and agencies of the department.

-SOURCE-

(July 12, 1943, ch. 215, 57 Stat. 393; Pub. L. 89-106, Sec. 7, Aug.

4, 1965, 79 Stat. 432; 1970 Reorg. Plan No. 2, Sec. 102, eff. July

1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

-COD-

CODIFICATION

Section was formerly classified to section 542-1 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1965 - Pub. L. 89-106 substituted ''credited with advances or

reimbursements'' for ''reimbursed'' and inserted ''That such

advances shall not be available for any period beyond that provided

by the Act appropriating the funds: Provided further,''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of 1970 Reorg. Plan No. 2. Section 102 of

1970 Reorg. Plan No. 2, redesignated Bureau of the Budget as Office

of Management and Budget and offices of Director, Deputy Director,

and Assistant Directors of Bureau of the Budget as Director, Deputy

Director, and Assistant Directors of Office of Management and

Budget, respectively. Section 103 of 1970 Reorg. Plan No. 2,

transferred records, property, personnel and funds of Bureau of the

Budget to Office of Management and Budget. See Part I of

Reorganization Plan No. 2 of 1970, set out in the Appendix to Title

5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2235a of this title.

-CITE-

7 USC Sec. 2235a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2235a. Deposit and retention of credit card refunds or rebates

-STATUTE-

On and after November 28, 2001, refunds or rebates received on an

on-going basis from a credit card services provider under the

Department of Agriculture's charge card programs may be deposited

to and retained without fiscal year limitation in the Department's

Working Capital Fund established under section 2235 of this title

and used to fund management initiatives of general benefit to the

Department of Agriculture bureaus and offices as determined by the

Secretary of Agriculture or the Secretary's designee.

-SOURCE-

(Pub. L. 107-76, title VII, Sec. 729, Nov. 28, 2001, 115 Stat.

736.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation act:

Pub. L. 106-387, Sec. 1(a) (title I, Sec. 757), Oct. 28, 2000,

114 Stat. 1549, 1549A-43.

-CITE-

7 USC Sec. 2236 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2236. Working capital fund for Agricultural Research Center;

establishment

-STATUTE-

There is established a working capital fund of $300,000, to be

available without fiscal year limitation, for expenses necessary

for furnishing facilities and services by the Agricultural Research

Center to Government agencies. Said fund shall be reimbursed from

applicable appropriations or other funds to cover the charges for

such facilities and services, including handling and related

charges, for equipment rentals (including depreciation,

maintenance, and repairs), for supplies, equipment and materials,

stores of which may be maintained at the Center, and for building

construction, alterations, and repairs, and applicable

appropriations or other funds may also be charged their

proportionate share of the necessary general expenses of the Center

not covered by the annual appropriation.

-SOURCE-

(Sept. 6, 1950, ch. 896, Ch. VI, title I, Sec. 101, 64 Stat. 658.)

-COD-

CODIFICATION

Section was formerly classified to section 542-2 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2237 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2237. Use of field work funds for employment of men with

equipment, etc.

-STATUTE-

Funds available for field work in the Department of Agriculture

shall be available for employment by contract or otherwise of men

with equipment, boats, work animals, animal-drawn, and

motor-propelled vehicles.

-SOURCE-

(June 4, 1936, ch. 489, 49 Stat. 1422.)

-COD-

CODIFICATION

Section was formerly classified to section 542a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2238 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2238. Use of field work funds for purchase of arms and

ammunition

-STATUTE-

Funds available for field work in the Department of Agriculture

may be used for the purchase of arms and ammunition whenever the

individual purchase does not exceed $50, and for individual

purchases exceeding $50, when such arms and ammunition cannot

advantageously be supplied by the Secretary of the Army pursuant to

section 4655 of title 10.

-SOURCE-

(June 4, 1936, ch. 489, 49 Stat. 1422.)

-COD-

CODIFICATION

''Section 4655 of title 10'' substituted in text for ''the Act of

March 3, 1879 (20 Stat. 412)'' on authority of section 49(b) of act

Aug. 10, 1956, ch. 1041, 70A Stat. 640, section 1 of which enacted

Title 10, Armed Forces.

Section was formerly classified to section 542b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

The Department of War was designated the Department of the Army

and the title of the Secretary of War was changed to Secretary of

the Army by section 205(a) of act July 26, 1947, ch. 343, title II,

61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by

section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1

of act Aug. 10, 1956, enacted ''Title 10, Armed Forces'' which in

sections 3010 to 3013 continued the military Department of the Army

under the administrative supervision of a Secretary of the Army.

-CITE-

7 USC Sec. 2239 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2239. Funds for printing, binding, and scientific and

technical article reprint purchases

-STATUTE-

Funds available to the Department of Agriculture may be used for

printing and binding, including the purchase of reprints of

scientific and technical articles.

-SOURCE-

(Sept. 6, 1950, ch. 896, Ch. VI, title IV, Sec. 406, 64 Stat. 679.)

-COD-

CODIFICATION

Section was formerly classified to section 542c of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2240 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2240. Reimbursement of appropriation for salaries and

compensation of employees in mechanical shops

-STATUTE-

The Secretary of Agriculture may, by transfer settlements through

the General Accounting Office, reimburse any appropriation made for

the salaries and compensation of employees in the mechanical shops

of the department from the appropriation made for the bureau,

office, or division for which any work in said shops is performed,

and such reimbursement shall be at the actual cost of labor for

such work.

-SOURCE-

(May 11, 1922, ch. 185, 42 Stat. 508.)

-COD-

CODIFICATION

Section was formerly classified to section 543 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2241 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2241. Sale or exchange of animals or animal products

-STATUTE-

The Secretary of Agriculture is authorized to sell in the open

market or to exchange for other livestock such animals or animal

products as cease to be needed in the work of the department, and

all moneys received from the sale of such animals or animal

products or as a bonus in the exchange of the same shall be

deposited in the Treasury of the United States as miscellaneous

receipts.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1114.)

-COD-

CODIFICATION

Section was formerly classified to section 549 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2242 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2242. Repealed. Pub. L. 101-624, title XVI, Sec. 1606(b)(1),

(2), Nov. 28, 1990, 104 Stat. 3715

-MISC1-

Section, acts May 23, 1908, ch. 192, 35 Stat. 264, 266; Mar. 4,

1915, ch. 144, 38 Stat. 1109, provided for sale of copies of card

index of publications. See section 3125a of this title.

-CITE-

7 USC Sec. 2242a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2242a. User fees for reports, publications, and software

-STATUTE-

(a) Authority of Secretary

The Secretary of Agriculture may -

(1) furnish, on request, copies of software programs,

pamphlets, reports, or other publications, regardless of their

form, including electronic publications, prepared in the

Department of Agriculture in carrying out any of its missions or

programs; and

(2) charge such fees therefor as the Secretary determines are

reasonable.

(b) Consistency of charges with provisions of section 9701 of title

31

The imposition of such charges shall be consistent with section

9701 of title 31.

(c) Use and disposition of moneys

All moneys received in payment for work or services performed, or

for software programs, pamphlets, reports, or other publications

provided, under this section -

(1) shall be available until expended to pay directly the costs

of such work, services, software programs, pamphlets, reports, or

publications; and

(2) may be credited to appropriations or funds that incur such

costs.

(d) Investment

Any fees collected, late payment penalties, and interest earned

shall be credited to the account referred to in this section and

may be invested by the Secretary of Agriculture in insured or

fully-collateralized interest-bearing accounts or, at the

discretion of the Secretary of Agriculture, by the Secretary of the

Treasury in United States Government debt instruments. Fees and

charges, including late payment penalties and interest earned from

the investment of such funds shall be credited to such account.

-SOURCE-

(Pub. L. 97-98, title XI, Sec. 1121, Dec. 22, 1981, 95 Stat. 1273;

Pub. L. 99-198, title XVII, Sec. 1769, Dec. 23, 1985, 99 Stat.

1656; Pub. L. 101-624, title XXV, Sec. 2510, Nov. 28, 1990, 104

Stat. 4073.)

-MISC1-

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-624 added subsec. (d).

1985 - Pub. L. 99-198, in amending section generally, divided

existing provisions into subsecs. (a), (b), and (c) and inserted

references to software programs and electronic publications.

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 2242b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2242b. Translation of publications into foreign languages

-STATUTE-

On and after October 28, 1991, funds appropriated to the

Department of Agriculture by this Act may be used for translation

of publications of the Department of Agriculture into foreign

languages when determined by the Secretary to be in the public

interest.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 721, Oct. 28, 1991, 105 Stat.

913.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-142, Oct. 28, 1991,

105 Stat. 878, known as the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations Act,

1992. For complete classification of this Act to the Code, see

Tables.

-CITE-

7 USC Sec. 2243 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2243. Sale of photographic prints and maps

-STATUTE-

The Secretary of Agriculture may dispose of photographic prints

(including bromide enlargements), lantern slides, transparencies,

blueprints, and forest maps at cost and 10 per centum additional,

and condemned property or materials under his charge in the same

manner as provided by law for other bureaus.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1270.)

-COD-

CODIFICATION

Section was formerly classified to section 552 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2244 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2244. Repealed. Pub. L. 101-624, title XVI, Sec. 1606(b)(3),

Nov. 28, 1990, 104 Stat. 3715

-MISC1-

Section, act Sept. 21, 1944, ch. 412, title VII, Sec. 708, 58

Stat. 742, provided for manufacture and sale of copies of

bibliographies, photographic reproductions of books, and library

supplies. See section 3125a of this title.

Provisions similar to those in this section were contained in the

following Department of Agriculture Appropriation Acts:

June 28, 1944, ch. 296, 58 Stat. 429.

July 12, 1943, ch. 215, 57 Stat. 396.

July 22, 1942, ch. 516, 56 Stat. 665.

-CITE-

7 USC Sec. 2245 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2245. Sale of prints and lantern slides

-STATUTE-

The Secretary of Agriculture is authorized to furnish, upon

application, prints and lantern slides from negatives in the

possession of the department and to charge for the same a price to

cover the cost of preparation, such price to be determined and

established by the Secretary of Agriculture, and the money received

from such sales to be deposited in the Treasury of the United

States.

-SOURCE-

(Mar. 4, 1907, ch. 2907, 34 Stat. 1281.)

-COD-

CODIFICATION

Section was formerly classified to section 553 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2246 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2246. Loan, rental, or sale of films

-STATUTE-

The Secretary of Agriculture is authorized, under such rules and

regulations and subject to such conditions as he may prescribe, to

loan, rent, or sell copies of films. In the sale or rental of

films educational institutions or associations for agricultural

education not organized for profit shall have preference; all

moneys received from such rentals or sales to be covered into the

Treasury of the United States as miscellaneous receipts.

-SOURCE-

(Mar. 4, 1917, ch. 179, 39 Stat. 1157; May 31, 1920, ch. 217, 41

Stat. 718.)

-COD-

CODIFICATION

Section was formerly classified to section 554 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2247 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2247. Sale of samples of pure sugars

-STATUTE-

The Secretary of Agriculture may furnish, upon application,

samples of pure sugars, naval stores, microscopical specimens, and

other products to State and municipal officers, educational

institutions, and other parties and charge for the same a price to

cover the cost thereof, such price to be determined and established

by the Secretary, and the money received from sales to be deposited

in the Treasury of the United States as miscellaneous receipts.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1101.)

-COD-

CODIFICATION

Section was formerly classified to section 555 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2248 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2248. Statistics relating to turpentine and rosin

-STATUTE-

The Secretary of Agriculture is authorized and directed to

collect and/or compile and publish annually, and at such other

times, and in such form and on such date or dates as he shall

prescribe, statistics and essential information relating to spirits

of turpentine and rosin produced, held, and used in the domestic

and foreign commerce of the United States.

-SOURCE-

(Aug. 15, 1935, ch. 548, 49 Stat. 653.)

-COD-

CODIFICATION

Section was formerly classified to section 556b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2276 of this title.

-CITE-

7 USC Sec. 2249 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2249. Amount and character of cooperation

-STATUTE-

Unless otherwise provided by the Department of Agriculture

Organic Act of 1944 or by other statute, the measure and character

of cooperation authorized by said Act on the part of the Federal

Government and on the part of the cooperator shall be such as may

be prescribed by the Secretary, unless otherwise provided for in

the applicable appropriation.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 711, 58 Stat. 743.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Agriculture Organic Act of 1944, referred to in

text, is act Sept. 21, 1944, ch. 412, 58 Stat. 734, as amended.

For complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 564a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2250 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2250. Construction and repair of buildings and public

improvements

-STATUTE-

The Department of Agriculture is authorized to erect, alter, and

repair such buildings and other public improvements as may be

necessary to carry out its authorized work: Provided, That no

building or improvement shall be erected or altered under this

authority unless provision is made therefor in the applicable

appropriation and the cost thereof is not in excess of limitations

prescribed therein.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 703, 58 Stat. 742.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 565a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2254 of this title.

-CITE-

7 USC Sec. 2250a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2250a. Erection of buildings and other structures on

non-Federal lands; duration of use of such lands; removal of

structures after termination of use; availability of funds for

expenses of acquiring long-term leases or other agreements

-STATUTE-

Notwithstanding the provisions of existing law, except the

Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.)

and without regard to sections 3111 and 3112 of title 40, but

within the limitations of cost otherwise applicable, appropriations

of the Department of Agriculture may be expended for the erection

of buildings and other structures on land owned by States,

counties, municipalities, or other political subdivisions,

corporations, or individuals: Provided, That prior to such erection

there is obtained the right to use the land for the estimated life

of or need for the structure, including the right to remove any

such structure within a reasonable time after the termination of

the right to use the land: Provided further, That appropriations

and funds available to the Department of Agriculture shall be

available for expenses in connection with acquiring the right to

use land for such purposes under long-term lease or other

agreement.

-SOURCE-

(Pub. L. 89-106, Sec. 1, Aug. 4, 1965, 79 Stat. 431.)

-REFTEXT-

REFERENCES IN TEXT

The Commodity Credit Corporation Charter Act, referred to in

text, is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, and

is classified generally to subchapter II (Sec. 714 et seq.) of

chapter 15 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 714 of Title 15 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 565b of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

''Sections 3111 and 3112 of title 40'' substituted in text for

''section 355, Revised Statutes, as amended (40 U.S.C. 255)'' on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-CITE-

7 USC Sec. 2251 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2251. Reimbursement of Production and Marketing Administration

appropriations for expenses of maintaining registers of

indebtedness and making set-offs

-STATUTE-

Beginning with the fiscal year 1942, each appropriation to enable

the Secretary of Agriculture to carry into effect any program

administered through the Production and Marketing Administration

may, in the discretion of the Secretary, be reimbursed out of the

then current appropriation for the agency affected, for a fair

share of the administrative expense, as estimated periodically or

in advance by the Production and Marketing Administration of

maintaining registers of indebtedness and making, out of such

Production and Marketing Administration appropriation, set-offs

under the order entered by the Secretary on May 8, 1937, as

heretofore or hereafter amended, in favor of any other agency of

the Government.

-SOURCE-

(July 22, 1942, ch. 516, 56 Stat. 691; 1946 Reorg. Plan No. 3, Sec.

501(a), eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1100.)

-COD-

CODIFICATION

Section was formerly classified to section 566 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Production and Marketing Administration functions transferred to

other units of Department of Agriculture under Secretary's

memorandum 1320, supp. 4, of Nov. 2, 1953.

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

Agriculture Adjustment Administration consolidated into

Production and Marketing Administration by Secretary of

Agriculture's Memorandum No. 1118, Aug. 18, 1945, which

consolidation was ratified by 1946 Reorg. Plan No. 3, set out in

the Appendix to Title 5, Government Organization and Employees.

-CITE-

7 USC Sec. 2252 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2252. Reimbursement of Production and Marketing Administration

appropriations for costs of procuring agricultural commodities

for nongovernmental agencies or foreign governments

-STATUTE-

Applicable appropriations available to the Production and

Marketing Administration current at the time services are rendered

or payment therefore is received may be reimbursed by

nongovernmental agencies or foreign governments (by advance credits

or reimbursements) for the actual or estimated costs, as determined

by the Production and Marketing Administration, incident to

procuring agricultural commodities for such nongovernmental

agencies or foreign governments.

-SOURCE-

(Sept. 21, 1944, ch. 412, title IV, Sec. 402, 58 Stat. 738; Ex.

Ord. No. 9577, June 29, 1945, 10 F.R. 4253.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 569 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Production and Marketing Administration functions transferred to

other units in Department of Agriculture under Secretary's

memorandum 1320, supp. 4, of Nov. 2, 1953.

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

War Food Administration terminated by Ex. Ord. No. 9577, and all

functions transferred to Secretary of Agriculture, who established

Production and Marketing Administration, under authority of said

Ex. Ord. No. 9577, to administer functions of many of marketing and

production agencies, including those functions of former War Food

Administration.

-CITE-

7 USC Sec. 2253 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2253. Adjustment by Secretary of titles to lands acquired by

Government and subject to his control

-STATUTE-

If the Secretary of Agriculture shall find after the acquisition

by the United States of any land or interest therein which is

subject to his administration, custody, or control, other than land

acquired by exchange of public domain land or resources, that the

title thereto is legally insufficient for the purposes for which

such land or interest was acquired and no consideration therefor

has been paid by the United States, or that title or color of title

to such land or interest was acquired through mistake,

misunderstanding, error, or inadvertence, he is authorized to

execute and deliver on behalf of and in the name of the United

States to the person from whom the title was acquired or to the

person whom he finds entitled thereto a quitclaim deed to such land

or interest: Provided, however, That if the person to whom such

deed is made is the same person from whom the United States

acquired title, or his successor in interest, any consideration

given by the United States for such land or interest shall be

restored or, in lieu thereof, the value equivalent of such

consideration as determined by the Secretary of Agriculture shall

be paid to the United States; and any consideration or value

equivalent so restored or paid shall, so far as is practicable, be

restored to the jurisdiction, or deposited to the credit, of the

department, agency, appropriation, or fund from which the

consideration was transferred or paid at the time of the

acquisition of title by the United States.

-SOURCE-

(July 8, 1943, ch. 197, 57 Stat. 388; Mar. 3, 1952, ch. 72, 66

Stat. 11; Pub. L. 87-869, Sec. 2, Oct. 23, 1962, 76 Stat. 1157.)

-COD-

CODIFICATION

Section was formerly classified to section 567 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1962 - Pub. L. 87-869 struck out ''within twenty years'' after

''shall find''.

1952 - Act Mar. 3, 1952, increased period of limitation during

which Secretary may adjust land titles from ten to twenty years.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2254 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2254. Operation, maintenance and purchase of aircraft by

Agricultural Research Service; construction and repair of

buildings

-STATUTE-

Appropriations for the Agricultural Research Service shall be

available for the operation and maintenance of aircraft and the

purchase of not to exceed one for replacement only and pursuant to

section 2250 of this title for the construction, alteration, and

repair of buildings and improvements.

-SOURCE-

(Pub. L. 107-76, title I, Nov. 28, 2001, 115 Stat. 708.)

-COD-

CODIFICATION

Section is from the appropriation act cited as the credit to this

section.

Section was formerly classified to section 568a of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 106-387, Sec. 1(a) (title I), Oct. 28, 2000, 114 Stat.

1549, 1549A-5.

Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1139.

Pub. L. 105-277, div. A, Sec. 101(a) (title I), Oct. 21, 1998,

112 Stat. 2681, 2681-4.

Pub. L. 105-86, title I, Nov. 18, 1997, 111 Stat. 2083.

Pub. L. 104-180, title I, Aug. 6, 1996, 110 Stat. 1573.

Pub. L. 104-37, title I, Oct. 21, 1995, 109 Stat. 303.

Pub. L. 103-330, title I, Sept. 30, 1994, 108 Stat. 2439.

Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1050.

Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 877.

Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 882.

Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1319.

Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 955, 956.

Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2233.

Pub. L. 100-202, Sec. 101(k) (title I), Dec. 22, 1987, 101 Stat.

1329-322, 1329-327.

Pub. L. 99-500, Sec. 101(a) (title I), Oct. 18, 1986, 100 Stat.

1783, 1783-4, and Pub. L. 99-591, Sec. 101(a) (title I), Oct. 30,

1986, 100 Stat. 3341, 3341-4.

Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title I), Dec. 19, 1985,

99 Stat. 1185.

Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743, title I), Oct.

12, 1984, 98 Stat. 1837.

Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title I), Nov. 14, 1983,

97 Stat. 972.

Pub. L. 97-370, title I, Dec. 18, 1982, 96 Stat. 1789.

Pub. L. 97-103, title I, Dec. 23, 1981, 95 Stat. 1469.

Pub. L. 96-528, title I, Dec. 15, 1980, 94 Stat. 3097.

Pub. L. 96-108, title I, Nov. 9, 1979, 93 Stat. 822.

Pub. L. 95-448, title I, Oct. 11, 1978, 92 Stat. 1074.

Pub. L. 95-97, title I, Aug. 12, 1977, 91 Stat. 811, 812.

Pub. L. 94-351, title I, July 12, 1976, 90 Stat. 852.

Pub. L. 94-122, title I, Oct. 21, 1975, 89 Stat. 642, 643.

Pub. L. 93-563, title I, Dec. 31, 1974, 88 Stat. 1823.

Pub. L. 93-135, title I, Oct. 24, 1973, 87 Stat. 470.

Pub. L. 92-399, title I, Aug. 22, 1972, 86 Stat. 593.

Pub. L. 92-73, title I, Aug. 10, 1971, 85 Stat. 184.

Pub. L. 91-566, title I, Dec. 22, 1970, 84 Stat. 1480.

Pub. L. 91-127, title I, Nov. 26, 1969, 83 Stat. 245.

Pub. L. 90-463, title I, Aug. 8, 1968, 82 Stat. 639.

Pub. L. 90-113, title I, Oct. 24, 1967, 81 Stat. 320.

Pub. L. 89-556, title I, Sept. 7, 1966, 80 Stat. 689.

Pub. L. 89-316, title I, Nov. 2, 1965, 79 Stat. 1165.

Pub. L. 88-573, title I, Sept. 2, 1964, 78 Stat. 862.

Pub. L. 88-250, title I, Dec. 30, 1963, 77 Stat. 820.

Pub. L. 87-879, title I, Oct. 24, 1962, 76 Stat. 1203.

Pub. L. 87-112, title I, July 26, 1961, 75 Stat. 226.

Pub. L. 86-532, title I, June 29, 1960, 74 Stat. 232.

Pub. L. 86-80, title I, July 8, 1959, 73 Stat. 167.

Pub. L. 85-459, title I, June 13, 1958, 72 Stat. 188.

Pub. L. 85-118, title I, Aug. 2, 1957, 71 Stat. 329.

June 4, 1956, ch. 355, title I, 70 Stat. 229.

May 23, 1955, ch. 43, title I, 69 Stat. 51.

June 29, 1954, ch. 409, title I, 68 Stat. 304.

July 28, 1953, ch. 251, title I, 67 Stat. 206.

July 5, 1952, ch. 574, title I, 66 Stat. 336.

Aug. 31, 1951, ch. 374, title I, 65 Stat. 226.

Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 658.

June 29, 1949, ch. 280, title I, 63 Stat. 329.

June 19, 1948, ch. 543, 62 Stat. 513.

July 30, 1947, ch. 356, title I, 61 Stat. 528.

June 22, 1946, ch. 445, 60 Stat. 276.

May 5, 1945, ch. 109, 59 Stat. 142.

-CITE-

7 USC Sec. 2255 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2255. Membership in International Wheat Advisory Committee,

International Sugar Council, etc.

-STATUTE-

The Secretary of Agriculture is authorized to expend funds,

available for agricultural conservation, adjustment, and land use

programs, for the share of the United States as a member of the

International Wheat Advisory Committee, the International Sugar

Council, or like events or bodies concerned with the objectives of

said program, together with traveling and other necessary expenses

relating thereto: Provided, That expenditures under this authority

shall not be made unless provision is made therefor in the

applicable appropriation and the cost thereof is not in excess of

limitations prescribed therein.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 701(a), 58 Stat. 741.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to sections 570 and 574 of Title

5 prior to the general revision and enactment of Title 5,

Government Organization and Employees, by Pub. L. 89-554, Sec. 1,

Sept. 6, 1966, 80 Stat. 378.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC Sec. 2255a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2255a. Financial assistance to national and international

conferences

-STATUTE-

On and after October 21, 1993, appropriations available to the

Department of Agriculture can be used to provide financial

assistance to the organizers of national and international

conferences, if such conferences are in support of agency programs.

-SOURCE-

(Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1050.)

-CITE-

7 USC Sec. 2256 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2256. Inspections, analyses, and tests for other Government

departments and agencies; reimbursement

-STATUTE-

The head of any department or independent establishment of the

Government requiring inspections, analyses, and tests of food and

other products, within the scope of the functions of the Department

of Agriculture and which that Department is unable to perform

within the limits of its appropriations, may, with the approval of

the Secretary, transfer to the Department for direct expenditure

such sums as may be necessary for the performance of such work.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 702(a), 58 Stat. 741.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 571 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2257 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2257. Interchangeability of funds for miscellaneous expenses

and general expenses

-STATUTE-

Not to exceed 7 per centum of the amounts appropriated for any

fiscal year for the miscellaneous expenses of the work of any

bureau, division, or office of the Department of Agriculture shall

be available interchangeably for expenditures on the objects

included within the general expenses of such bureau, division, or

office, but no more than 7 per centum shall be added to any one

item of appropriation except in cases of extraordinary emergency.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 702(b), 58 Stat. 741.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 572 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2258 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2258. Purchase of newspapers

-STATUTE-

The Department of Agriculture is authorized to subscribe for such

newspapers as may be necessary to carry out its authorized work:

Provided, That purchases under this authority shall not be made

unless provision is made therefor in the applicable appropriation

and the cost thereof is not in excess of limitations prescribed

therein.

-SOURCE-

(Sept. 21, 1944, ch. 412, title VII, Sec. 704, 58 Stat. 742.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 573 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2259 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2259. Market-inspection certificates as prima facie evidence

-STATUTE-

Market-inspection certificates issued by authorized agents of the

Department of Agriculture shall be received in all courts of the

United States as prima facie evidence of the truth of the

statements therein contained.

-SOURCE-

(Sept. 21, 1944, ch. 412, title IV, Sec. 401(c), 58 Stat. 738.)

-COD-

CODIFICATION

This section was enacted as part of the Department of Agriculture

Organic Act of 1944.

Section was formerly classified to section 575 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2260, 2260a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2260, 2260a. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(3), (4), May 13, 2002, 116 Stat. 507

-MISC1-

Section 2260, act Aug. 28, 1950, ch. 815, 64 Stat. 561, related

to inspection or quarantine services involving overtime furnished

upon a reimbursable basis.

Section 2260a, Pub. L. 104-127, title IX, Sec. 919, Apr. 4, 1996,

110 Stat. 1191, related to reimbursable agreements.

-CITE-

7 USC Sec. 2261 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2261. Credit of donations and proceeds from exhibitions to

appropriations concerned with foreign market development

programs

-STATUTE-

In the conduct of foreign market development programs, the

Secretary of Agriculture is authorized to credit contributions from

individuals, firms, associations, agencies, and other groups, and

the proceeds received from space rentals, and sales of products and

materials at exhibitions, to the appropriations charged with the

cost of acquiring such space, products, and materials.

-SOURCE-

(Pub. L. 87-128, title II, Sec. 203, Aug. 8, 1961, 75 Stat. 307.)

-COD-

CODIFICATION

Section was formerly classified to section 577 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2262 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2262. Employee liability insurance on motor vehicles in

foreign countries

-STATUTE-

The Secretary of Agriculture is authorized to obtain insurance to

cover the liability of any employee of the Department of

Agriculture for damage to or loss of property or personal injury or

death caused by the act or omission of any such employee while

acting within the scope of his office or employment and while

operating a motor vehicle belonging to the United States in a

foreign country.

-SOURCE-

(Pub. L. 89-106, Sec. 3, Aug. 4, 1965, 79 Stat. 431.)

-COD-

CODIFICATION

Section was formerly classified to section 578 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2262a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2262a. Overseas tort claims

-STATUTE-

(a) In general

The Secretary of Agriculture may pay a tort claim in the manner

authorized by section 2672 of title 28, if the claim arises outside

the United States in connection with activities of individuals who

are performing services for the Secretary.

(b) Period for presentation of claim

A claim may not be allowed under this section unless the claim is

presented in writing to the Secretary of Agriculture within 2 years

after the date on which the claim accrues.

(c) Finality

Notwithstanding any other provision of law, an award or denial of

a claim by the Secretary of Agriculture under this section is

final.

-SOURCE-

(Pub. L. 104-127, title IX, Sec. 920, Apr. 4, 1996, 110 Stat.

1191.)

-CITE-

7 USC Sec. 2263 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2263. Transfer of funds

-STATUTE-

Subject to limitations applicable with respect to each

appropriation concerned, each appropriation available to the

Department of Agriculture may be charged, at any time during a

fiscal year, for the benefit of any other appropriation available

to the Department, for the purpose of financing the procurement of

materials and services, or financing activities or other costs, for

which funds are available both in the financing appropriation so

charged and in the appropriation so benefited; except that such

expenses so financed shall be charged on a final basis, as of a

date not later than the close of such fiscal year, to the

appropriations so benefited, with appropriate credit to the

financing appropriation.

-SOURCE-

(Pub. L. 89-106, Sec. 8, Aug. 4, 1965, 79 Stat. 432.)

-COD-

CODIFICATION

Section was formerly classified to section 579 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-CITE-

7 USC Sec. 2264 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2264. National Agricultural Library; acceptance of gifts,

bequests, or devises; conditional gifts

-STATUTE-

The Secretary of Agriculture is hereby authorized to accept,

receive, hold, and administer on behalf of the United States gifts,

bequests, or devises of real and personal property made

unconditionally for the benefit of the National Agricultural

Library or for the carrying out of any of its functions.

Conditional gifts may be accepted and used in accordance with their

provisions provided that no gift may be accepted which is

conditioned on any expenditure not to be met therefrom or from the

income thereof unless such expenditure has been approved by Act of

Congress.

-SOURCE-

(Pub. L. 91-591, Sec. 2, Dec. 28, 1970, 84 Stat. 1588.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2265 of this title.

-CITE-

7 USC Sec. 2265 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2265. Deposit of money accepted for benefit of National

Agricultural Library; disbursement

-STATUTE-

Any gift of money accepted pursuant to the authority granted in

section 2264 of this title, or the net proceeds from the

liquidation of any other property so accepted, or the proceeds of

any insurance on any gift property not used for its restoration

shall be deposited in the Treasury of the United States for credit

to a separate account and shall be disbursed upon order of the

Secretary of Agriculture.

-SOURCE-

(Pub. L. 91-591, Sec. 3, Dec. 28, 1970, 84 Stat. 1588.)

-CITE-

7 USC Sec. 2266 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2266. Congressional reaffirmation of policy to foster and

encourage family farms

-STATUTE-

(a) Congress reaffirms the historical policy of the United States

to foster and encourage the family farm system of agriculture in

this country. Congress believes that the maintenance of the family

farm system of agriculture is essential to the social well-being of

the Nation and the competitive production of adequate supplies of

food and fiber. Congress further believes that any significant

expansion of nonfamily owned large-scale corporate farming

enterprises will be detrimental to the national welfare. It is

neither the policy nor the intent of Congress that agricultural and

agriculture-related programs be administered exclusively for family

farm operations, but it is the policy and the express intent of

Congress that no such program be administered in a manner that will

place the family farm operation at an unfair economic disadvantage.

(b) Omitted

-SOURCE-

(Pub. L. 95-113, title I, Sec. 102, Sept. 29, 1977, 91 Stat. 918;

Pub. L. 97-98, title XVI, Sec. 1608, Dec. 22, 1981, 95 Stat. 1347;

Pub. L. 99-198, title XIV, Sec. 1441, Dec. 23, 1985, 99 Stat.

1560.)

-COD-

CODIFICATION

Subsection (b), which required the Secretary of Agriculture to

submit an annual report to Congress on trends in family farm

operations and comprehensive national and State-by-State data on

nonfamily farm operations in the United States, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 44 of House Document No. 103-7.

-MISC3-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-198 designated first and second

sentences as pars. (1) and (2), respectively, and amended par. (2),

as so designated, generally. Prior to redesignation and amendment,

second sentence read as follows: ''The Secretary shall also include

in each such report (1) information on how existing agricultural

and agriculture-related programs are being administered to enhance

and strengthen the family farm system of agriculture in the United

States, (2) an assessment of how tax, credit, and other Federal

laws may encourage the growth of nonfamily farm operations and

investment in agriculture by nonfamily farm interests, both foreign

and domestic, and (3) such other information as the Secretary deems

appropriate or determines would aid Congress in protecting,

preserving, and strengthening the family farm system of agriculture

in the United States.''

1981 - Pub. L. 97-98 substantially reenacted existing provisions,

and inserted reference to tax and credit laws, and investment in

agriculture by nonfamily farm interests, foreign and domestic.

EFFECTIVE DATE OF 1981 AMENDMENT

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.

EFFECTIVE DATE

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.

STUDY OF IMPACT OF PROHIBITIONS ON PAYMENTS TO CERTAIN CORPORATIONS

UNDER WHEAT, FEED GRAINS, COTTON, AND RICE PROGRAMS; REPORT BY

JANUARY 1, 1979

Section 103 of Pub. L. 95-113 provided that in furtherance of the

policy stated in section 102 of this Act (this section), the

Secretary of Agriculture was to conduct a study and report to

Congress no later than January 1, 1979, on the impact on

participation in the wheat, feed grain, cotton, and rice programs

and the production of such commodities in carrying out a statutory

provision such as that included in the Food and Agriculture Act of

1977, as passed by the Senate on May 24, 1977 (see Short Title of

1977 Amendment note set out under section 1281 of this title),

prohibiting the making of payments to certain corporations and

other entities under such programs, which study was to assess the

impact of extending the prohibition against making commodity

program payments to tenants on land owned by such corporations and

other entities which would be excluded from payments under such a

provision, and was to utilize the information on commodity program

payments compiled by the Agricultural Stabilization and

Conservation Service in determining payment eligibility under

section 101 of the Agricultural Act of 1970, as amended (section

1307 of this title), and section 101 of this Act (section 1308 of

this title). The Secretary was authorized to collect such other

information as necessary to determine the impact of such a

statutory provision and to identify the number and characteristics

of producers that would be affected by such a provision.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

-CITE-

7 USC Sec. 2267 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2267. Repealed. Pub. L. 100-387, title I, Sec. 101(b)(1), Aug.

11, 1988, 102 Stat. 931

-MISC1-

Section, Pub. L. 95-113, title XI, Sec. 1105, Sept. 29, 1977, 91

Stat. 955; Pub. L. 97-98, title XI, Sec. 1111(b), Dec. 22, 1981, 95

Stat. 1267; Pub. L. 99-198, title XVII, Sec. 1763(a), Dec. 23,

1985, 99 Stat. 1651, related to an emergency feed program. See

section 1471 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

-CITE-

7 USC Sec. 2268 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2268. Public lands; relinquishment

-STATUTE-

Notwithstanding any other provision of law, the Secretary of

Agriculture may, whenever he considers it desirable, relinquish to

a State all or part of the legislative jurisdiction of the United

States over lands or interests under his control in that State.

Relinquishment of legislative jurisdiction under this section may

be accomplished (1) by filing with the Governor of the State

concerned a notice of relinquishment to take effect upon acceptance

thereof, or (2) as the laws of the State may otherwise provide.

-SOURCE-

(Pub. L. 95-441, Oct. 10, 1978, 92 Stat. 1064.)

-CITE-

7 USC Sec. 2269 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2269. Gifts of property; acceptance and administration by

Secretary of Agriculture; Federal tax law consideration;

separate fund in Treasury; regulations

-STATUTE-

Notwithstanding any other provision of law, the Secretary of

Agriculture is authorized to accept, receive, hold, utilize, and

administer on behalf of the United States gifts, bequests, or

devises of real and personal property made for the benefit of the

United States Department of Agriculture or for the carrying out of

any of its functions. For the purposes of the Federal income,

estate, and gift tax laws, property accepted under the authority of

this section shall be considered as a gift, bequest, or devise to

the United States. Any gift of money accepted pursuant to the

authority granted in this section, or the net proceeds from the

liquidation of any property so accepted, or the proceeds of any

insurance on any gift property not used for its restoration shall

be deposited in the Treasury of the United States for credit to a

separate fund and shall be disbursed upon order of the Secretary of

Agriculture. The Secretary of Agriculture may promulgate

regulations to carry out the provisions of this section.

-SOURCE-

(Pub. L. 95-442, Oct. 10, 1978, 92 Stat. 1065.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3152 of this title; title

16 sections 460lll-26, 1650.

-CITE-

7 USC Sec. 2270 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2270. Authority of Office of Inspector General

-STATUTE-

Any person who is employed in the Office of the Inspector

General, Department of Agriculture, who conducts investigations of

alleged or suspected felony criminal violations of statutes,

including but not limited to the Food Stamp Act of 1977 (7 U.S.C.

2011 et seq.), administered by the Secretary of Agriculture or any

agency of the Department of Agriculture and who is designated by

the Inspector General of the Department of Agriculture may -

(1) make an arrest without a warrant for any such criminal

felony violation if such violation is committed, or if such

employee has probable cause to believe that such violation is

being committed, in the presence of such employee;

(2) execute a warrant for an arrest, for the search of

premises, or the seizure of evidence if such warrant is issued

under authority of the United States upon probable cause to

believe that such violation has been committed; and

(3) carry a firearm;

in accordance with rules issued by the Secretary of Agriculture,

while such employee is engaged in the performance of official

duties under the authority provided in section 6, or described in

section 9, of the Inspector General Act of 1978 (5 U.S.C. App. 6,

9). The Attorney General of the United States may disapprove any

designation made by the Inspector General under this section.

-SOURCE-

(Pub. L. 97-98, title XIII, Sec. 1337, Dec. 22, 1981, 95 Stat.

1294.)

-REFTEXT-

REFERENCES IN TEXT

The Food Stamp Act of 1977, referred to in text, is Pub. L.

88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under 2011 of this title and Tables.

Sections 6 and 9 of the Inspector General Act of 1978, referred

to in text, are sections 6 and 9 of Pub. L. 95-452, which are set

out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

EFFECTIVE DATE

Section effective on such date as the Secretary of Agriculture

may prescribe, taking into account the need for orderly

implementation, see section 1338 of Pub. L. 97-98, set out as an

Effective Date of 1981 Amendment note under section 2012 of this

title.

-CITE-

7 USC Sec. 2270a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2270a. Office of Inspector General; transfer of forfeiture

funds for law enforcement activities

-STATUTE-

For fiscal year 1999 and thereafter, funds transferred to the

Office of the Inspector General through forfeiture proceedings or

from the Department of Justice Assets Forfeiture Fund or the

Department of the Treasury Forfeiture Fund, as a participating

agency, as an equitable share from the forfeiture of property in

investigations in which the Office of the Inspector General

participates, or through the granting of a Petition for Remission

or Mitigation, shall be deposited to the credit of this account for

law enforcement activities authorized under the Inspector General

Act of 1978, to remain available until expended.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(a) (title I), Oct. 21, 1998,

112 Stat. 2681, 2681-3.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in text, is Pub.

L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 105-86, title I, Nov. 18, 1997, 111 Stat. 2082.

Pub. L. 104-180, title I, Aug. 6, 1996, 110 Stat. 1572.

Pub. L. 104-37, title I, Oct. 21, 1995, 109 Stat. 302.

-CITE-

7 USC Sec. 2270b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2270b. Department of Agriculture Inspector General

investigation of Forest Service firefighter deaths

-STATUTE-

In the case of each fatality of an officer or employee of the

Forest Service that occurs due to wildfire entrapment or burnover,

the Inspector General of the Department of Agriculture shall

conduct an investigation of the fatality. The investigation shall

not rely on, and shall be completely independent of, any

investigation of the fatality that is conducted by the Forest

Service.

-SOURCE-

(Pub. L. 107-203, Sec. 1, July 24, 2002, 116 Stat. 744.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2270c of this title.

-CITE-

7 USC Sec. 2270c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2270c. Submission of results

-STATUTE-

As soon as possible after completing an investigation under

section 2270b of this title, the Inspector General of the

Department of Agriculture shall submit to Congress and the

Secretary of Agriculture a report containing the results of the

investigation.

-SOURCE-

(Pub. L. 107-203, Sec. 2, July 24, 2002, 116 Stat. 744.)

-CITE-

7 USC Sec. 2271 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2271. Marketing education programs for small and medium size

family farm operations

-STATUTE-

In carrying out marketing research and education programs, the

Secretary of Agriculture shall take such steps as may be necessary

to increase the efforts of the Department of Agriculture in

providing marketing education programs for persons engaged in small

and medium size family farm operations.

-SOURCE-

(Pub. L. 97-98, title XIV, Sec. 1445, Dec. 22, 1981, 95 Stat.

1327.)

-MISC1-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 2271a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2271a. Advanced marketing training for farmers and ranchers

-STATUTE-

The Secretary of Agriculture may establish a program to train

farmers and ranchers in advanced techniques for the marketing of

agricultural commodities, livestock, and aquacultural products

produced by such farmers and ranchers, including (where appropriate

as determined by the Secretary) training in the use of futures and

options markets.

-SOURCE-

(Pub. L. 99-641, title II, Sec. 206(b), Nov. 10, 1986, 100 Stat.

3564.)

-MISC1-

STUDY AND REPORT OF MARKETING PRACTICES OF APPLICANTS AND BORROWERS

OF FARM LOANS

Section 206(a) of Pub. L. 99-641 provided that:

''(1) Study. - The Comptroller General of the United States shall

conduct a study of marketing practices used by applicants for and

borrowers of farm loans made, insured, or guaranteed under the

Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et

seq.). The study shall include an examination of the methods used

by the applicants and borrowers in marketing agricultural

commodities, livestock, and aquacultural products and the extent to

which the applicants and borrowers use advanced marketing

techniques for such sales.

''(2) Report. - Not later than 1 year after the date of enactment

of this Act (Nov. 10, 1986), the Comptroller General shall submit

to the Committee on Agriculture of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of the Senate

a report describing the results of the study conducted under

paragraph (1), together with any appropriate recommendations.''

-CITE-

7 USC Sec. 2272 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2272. Volunteers for Department of Agriculture programs

-STATUTE-

(a) Establishment of program

The Secretary of Agriculture (hereafter referred to in this

section as the ''Secretary'') may establish a program to use

volunteers in carrying out the programs of the Department of

Agriculture.

(b) Acceptance of personnel

The Secretary may accept, subject to regulations issued by the

Office of Personnel Management, voluntary service for the

Department of Agriculture for such purpose if the service:

(1) is to be without compensation; and

(2) will not be used to displace any employee of the Department

of Agriculture including the local, county, and State committees

established under section 590h(b) of title 16.

(c) Federal employee status

Any individual who provides voluntary service under this section

shall not be considered a Federal employee, except for purposes of

chapter 81 of title 5 (relating to compensation for injury), and

sections 2671 through 2680 of title 28 (relating to tort claims).

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1526, Dec. 22, 1981, 95 Stat. 1337.)

-MISC1-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

AUTHORIZATION OF APPROPRIATIONS

Section 1527 of Pub. L. 97-98 provided that: ''There are

authorized to be appropriated such sums as may be necessary to

carry out the provisions of this subtitle (enacting this section),

such sums to remain available until expended.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2272a of this title.

-CITE-

7 USC Sec. 2272a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2272a. Funds for incidental expenses and promotional items

relating to volunteers

-STATUTE-

On and after August 6, 1996, funds appropriated to the Department

of Agriculture may be used for incidental expenses such as

transportation, uniforms, lodging, and subsistence for volunteers

serving under the authority of section 2272 of this title, when

such volunteers are engaged in the work of the United States

Department of Agriculture; and for promotional items of nominal

value relating to the United States Department of Agriculture

Volunteer Programs.

-SOURCE-

(Pub. L. 104-180, title VII, Sec. 729, Aug. 6, 1996, 110 Stat.

1600.)

-MISC1-

PRIOR PROVISIONS

A prior section 2272a, Pub. L. 102-142, title VII, Sec. 739, Oct.

28, 1991, 105 Stat. 915, authorized use of funds for incidental

expenses and promotional items relating to volunteers on and after

Oct. 28, 1991, prior to repeal by Pub. L. 104-127, title III, Sec.

336(f)(2), Apr. 4, 1996, 110 Stat. 1007.

-CITE-

7 USC Sec. 2273 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2273. Local search and rescue operations

-STATUTE-

The Secretary of Agriculture may assist, through the use of Soil

Conservation Service personnel, vehicles, communication equipment,

and other equipment or materials available to the Secretary, in

local search and rescue operations when requested by responsible

local public authorities. Such assistance may be provided in

emergencies caused by tornadoes, fires, floods, snowstorms,

earthquakes, and similar disasters.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1550, Dec. 22, 1981, 95 Stat. 1344.)

-MISC1-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 2274 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2274. Firearm authority of employees engaged in animal

quarantine enforcement

-STATUTE-

Any employee of the United States Department of Agriculture

designated by the Secretary of Agriculture and the Attorney General

of the United States may carry a firearm and use a firearm when

necessary for self-protection, in accordance with rules and

regulations issued by the Secretary of Agriculture and the Attorney

General of the United States, while such employee is engaged in the

performance of the employee's official duties to (1) carry out any

law or regulation related to the control, eradication, or

prevention of the introduction or dissemination of communicable

disease of livestock or poultry into the United States or (2)

perform any duty related to such disease control, eradication, or

prevention, subject to the direction of the Secretary.

-SOURCE-

(Pub. L. 97-312, Sec. 1, Oct. 14, 1982, 96 Stat. 1461.)

-CITE-

7 USC Sec. 2275 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2275. Repealed. Pub. L. 101-624, title XV, Sec. 1572(3), Nov.

28, 1990, 104 Stat. 3702

-MISC1-

Section, Pub. L. 99-198, title XI, Sec. 1151, Dec. 23, 1985, 99

Stat. 1497, provided for trade consultation between the Foreign

Agricultural Service and other Federal agencies. See section 5674

of this title.

-CITE-

7 USC Sec. 2276 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2276. Confidentiality of information

-STATUTE-

(a) Authorized disclosure

In the case of information furnished under a provision of law

referred to in subsection (d) of this section, neither the

Secretary of Agriculture, any other officer or employee of the

Department of Agriculture or agency thereof, nor any other person

may -

(1) use such information for a purpose other than the

development or reporting of aggregate data in a manner such that

the identity of the person who supplied such information is not

discernible and is not material to the intended uses of such

information;

(2) disclose such information to the public, unless such

information has been transformed into a statistical or aggregate

form that does not allow the identification of the person who

supplied particular information; or

(3) in the case of information collected under the authority

described in subsection (d)(12) of this section, disclose the

information to any person or any Federal, State, local, or tribal

agency outside the Department of Agriculture, unless the

information has been converted into a statistical or aggregate

form that does not allow the identification of the person that

supplied particular information.

(b) Duty of Secretary; immunity from disclosure; necessary consent

(1) In carrying out a provision of law referred to in subsection

(d) of this section, no department, agency, officer, or employee of

the Federal Government, other than the Secretary of Agriculture,

shall require a person to furnish a copy of statistical information

provided to the Department of Agriculture.

(2) A copy of such information -

(A) shall be immune from mandatory disclosure of any type,

including legal process; and

(B) shall not, without the consent of such person, be admitted

as evidence or used for any purpose in any action, suit, or other

judicial or administrative proceeding.

(c) Violations; penalties

Any person who shall publish, cause to be published, or otherwise

publicly release information collected pursuant to a provision of

law referred to in subsection (d) of this section, in any manner or

for any purpose prohibited in section (FOOTNOTE 1) (a) of this

section, shall be fined not more than $10,000 or imprisoned for not

more than 1 year, or both.

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(d) Specific provisions for collection of information

For purposes of this section, a provision of law referred to in

this subsection means -

(1) the first section of the Act entitled ''An Act authorizing

the Secretary of Agriculture to collect and publish statistics of

the grade and staple length of cotton'', approved March 3, 1927

(7 U.S.C. 471) (commonly referred to as the ''Cotton Statistics

and Estimates Act'');

(2) the first section of the Act entitled ''An Act to provide

for the collection and publication of statistics of tobacco by

the Department of Agriculture'', approved January 14, 1929 (7

U.S.C. 501);

(3) the first section of the Act entitled ''An Act to provide

for the collection and publication of statistics of peanuts by

the Department of Agriculture'', approved June 24, 1936 (7 U.S.C.

951);

(4) section 203(g) of the Agricultural Marketing Act of 1946 (7

U.S.C. 1622(g));

(5) section 526(a) of the Revised Statutes (7 U.S.C. 2204(a));

(6) the Act entitled ''An Act providing for the publication of

statistics relating to spirits of turpentine and resin'',

approved August 15, 1935 (7 U.S.C. 2248);

(7) section 42 of title 13;

(8) section 4 of the Act entitled ''An Act to establish the

Department of Commerce and Labor'', approved February 14, 1903

(15 U.S.C. 1516);

(9) section 2 of the joint resolution entitled ''Joint

resolution relating to the publication of economic and social

statistics for Americans of Spanish origin or descent'', approved

June 16, 1976 (15 U.S.C. 1516a);

(10) section 3(e) of the Forest and Rangeland Renewable

Resources Research Act of 1978 (16 U.S.C. 1642(e));

(11) section 2204g of this title; or

(12) section 302 of the Rural Development Act of 1972 (7 U.S.C.

1010a) regarding the authority to collect data for the National

Resources Inventory.

(e) Information provided to Secretary of Commerce

This section shall not prohibit the release of information under

section 2204g(f)(2) of this title.

-SOURCE-

(Pub. L. 99-198, title XVII, Sec. 1770, Dec. 23, 1985, 99 Stat.

1657; Pub. L. 105-113, Sec. 4(a)(2), (b), Nov. 21, 1997, 111 Stat.

2276; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec.

348), Nov. 29, 1999, 113 Stat. 1535, 1501A-207; Pub. L. 107-171,

title II, Sec. 2004(b), May 13, 2002, 116 Stat. 236.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-171, Sec. 2004(b)(1), added

par. (3).

Subsec. (d)(12). Pub. L. 107-171, Sec. 2004(b)(2), added par.

(12).

1999 - Subsec. (d)(10), (11). Pub. L. 106-113 added par. (10) and

redesignated former par. (10) as (11).

1997 - Subsec. (d)(10). Pub. L. 105-113, Sec. 4(a)(2), added par.

(10).

Subsec. (e). Pub. L. 105-113, Sec. 4(b), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1502 of this title.

-CITE-

7 USC Sec. 2277 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2277. Contracts by Animal and Plant Health Inspection Service

for services to be performed abroad

-STATUTE-

Funds available to the Animal and Plant Health Inspection Service

(APHIS) under this and subsequent appropriations shall be available

for contracting with individuals for services to be performed

outside of the United States, as determined by APHIS to be

necessary or appropriate for carrying out programs and activities

abroad. Such individuals shall not be regarded as officers or

employees of the United States under any law administered by the

Office of Personnel Management.

-SOURCE-

(Pub. L. 102-142, title VII, Sec. 737, Oct. 28, 1991, 105 Stat.

915.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation act:

Pub. L. 101-506, title VI, Sec. 641, Nov. 5, 1990, 104 Stat.

1350.

-CITE-

7 USC Sec. 2278 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2278. Consistency with international obligations of United

States

-STATUTE-

(a) In general

Prior to the promulgation of, or amendment to, any order or plan

under a research and promotion program relating to research and

promotion of any agricultural commodity or product, after November

28, 1990, where such order or plan would provide for an assessment

on imports, the Secretary of Agriculture shall consult with the

United States Trade Representative regarding the consistency of the

provisions of the order or plan with the international obligations

of the United States.

(b) Compliance with U.S. international obligations

The Secretary of Agriculture shall take all steps necessary and

appropriate to ensure that any order or plan or amendment to such

order or plan, and the implementation and enforcement of any order

or plan or amendment to such order or plan, or program as it

relates to imports is nondiscriminatory and in compliance with the

international obligations of the United States, as interpreted by

the United States Trade Representative.

(c) Construction

Nothing in this section shall be construed as providing for a

cause of action under this section.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1999T, Nov. 28, 1990, 104 Stat.

3928.)

-CITE-

7 USC Sec. 2279 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279. Outreach and assistance for socially disadvantaged

farmers and ranchers

-STATUTE-

(a) Outreach and assistance

(1) Program

The Secretary of Agriculture shall carry out an outreach and

technical assistance program to encourage and assist socially

disadvantaged farmers and ranchers -

(A) in owning and operating farms and ranches; and

(B) in participating equitably in the full range of

agricultural programs offered by the Department.

(2) Requirements

The outreach and technical assistance program under paragraph

(1) shall -

(A) enhance coordination of the outreach, technical

assistance, and education efforts authorized under various

agriculture programs; and

(B) include information on, and assistance with -

(i) commodity, conservation, credit, rural, and business

development programs;

(ii) application and bidding procedures;

(iii) farm and risk management;

(iv) marketing; and

(v) other activities essential to participation in

agricultural and other programs of the Department.

(3) Grants and contracts

(A) In general

The Secretary may make grants to, and enter into contracts

and other agreements with, an eligible entity to provide

information and technical assistance under this subsection.

(B) Relationship to other law

The authority to carry out this section shall be in addition

to any other authority provided in this or any other Act.

(C) Other projects

Notwithstanding paragraph (1), the Secretary may make grants

to, and enter into contracts and other agreements with, an

organization or institution that received funding under this

section before January 1, 1996, to carry out a project that is

similar to a project for which the organization or institution

received such funding.

(4) Funding

(A) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection $25,000,000 for each of fiscal years 2002 through

2007.

(B) Interagency funding

In addition to funds authorized to be appropriated under

subparagraph (A), any agency of the Department may participate

in any grant, contract, or agreement entered into under this

subsection by contributing funds, if the agency determined that

the objectives of the grant, contract, or agreement will

further the authorized programs of the contributing agency.

(b) Designation of Federal personnel

(1) In general

The Secretary shall designate from existing Federal personnel

resources in the county or region a qualified person who shall,

in cooperation with the State cooperative extension services,

implement the policies and programs established or modified in

accordance with this section.

(2) Additional personnel

In counties or regions in which the number of socially

disadvantaged farmers and ranchers exceeds 25 percent of the

total number of farmers and ranchers in the county or region, the

Secretary shall designate additional personnel to implement the

policies and programs established or modified in accordance with

this section.

(c) Report to Congress

(1) In general

Not later than September 30, 1992, and every two years

thereafter, the Secretary shall report to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate, regarding -

(A) the efforts of the Secretary to enhance participation by

members of socially disadvantaged groups in agricultural

programs;

(B) the specific participation goals established for each

agricultural program;

(C) the results achieved for each agricultural program; and

(D) the progress of the Department towards meeting each of

the purposes described in paragraph (2)(C).

(2) Contents

In addition to the information specified in paragraph (1), the

report required by paragraph (1) shall include -

(A) a comparison of the participation goals and the actual

participation rates of members of socially disadvantaged groups

in each agricultural program;

(B) an analysis and explanation of the reasons for the

success or failure of the Secretary to achieve the goals, and

the overall purposes of this section;

(C) a listing, on a State-by-State and county-by-county

basis, of -

(i) the amount of funds loaned to members of socially

disadvantaged groups; and

(ii) the amount of funds used to guarantee loans to members

of socially disadvantaged groups compared to the total amount

of such guarantees;

(D) a breakdown in allocation of crop base in each program

crop compared to the target participation rates established

pursuant to sections 355(a)(1) and 355(c) of the Consolidated

Farm and Rural Development Act (7 U.S.C. 2003(a)(1), 2003(c)),

on a State-by-State and county-by-county basis; and

(E) a review and analysis of participation by members of

socially disadvantaged groups, compared to participation by all

others, in agricultural programs, on a State-by-State and

county-by-county basis, including a survey representative of

all farmers and ranchers, including socially disadvantaged

farmers and ranchers, to identify reasons for participation and

nonparticipation in agricultural programs.

(d) Affirmative action, appeals, and contracting review

(1) Purpose

It is the purpose of this subsection to direct the Secretary to

analyze within the Department the design and implementation of

affirmative action programs and policies, the appeals process for

complaints of discrimination, and contracting and purchasing

practices employed by the Department.

(2) Scope

The study shall include -

(A) an assessment of the successes and failures of these

affirmative action programs and policies;

(B) a review of the reasons for the successes and failures

described in subparagraph (A);

(C) a review of procurement, contracting, and purchasing

policies of the Department, the level of participation of

socially disadvantaged businesses in such activities, and the

impact of those policies on the participation of members of

socially disadvantaged groups in such contracting with the

Department;

(D) a review of the reasons for participation or lack of

participation of businesses owned by members of socially

disadvantaged groups in the activities described in

subparagraph (C); and

(E) a review of the appeals process for all complaints or

allegations regarding acts, practices, or patterns of

discrimination filed with the Department by individuals or any

other entities that shall include -

(i) the number of complaints or allegations regarding acts,

practices, or patterns of discrimination;

(ii) the manner in which the complaints were investigated

and resolved by the Department; and

(iii) the longest, shortest, and average periods of time

taken to investigate and resolve the complaints or

allegations regarding acts, practices, or patterns of

discrimination.

(3) Report

Not later than November 28, 1991, the Secretary shall prepare

and submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report containing the information

described in paragraph (2).

(e) Definitions

(1) Socially disadvantaged group

As used in this section, the term ''socially disadvantaged

group'' means a group whose members have been subjected to racial

or ethnic prejudice because of their identity as members of a

group without regard to their individual qualities.

(2) Socially disadvantaged farmer or rancher

As used in this section, the term ''socially disadvantaged

farmer or rancher'' means a farmer or rancher who is a member of

a socially disadvantaged group.

(3) Agriculture programs

As used in this section, the term ''agriculture programs'' are

those established or authorized by -

(A) the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.);

(B) the Consolidated Farm and Rural Development Act (7 U.S.C.

1921 et seq.);

(C) the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et

seq.);

(D) the Soil Conservation Act;

(E) the Domestic Allotment Assistance Act;

(F) the Food Security Act of 1985; and

(G) other such Acts as the Secretary deems appropriate.

(4) Department

The term ''Department'' means the Department of Agriculture.

(5) Eligible entity

The term ''eligible entity'' means any of the following:

(A) Any community-based organization, network, or coalition

of community-based organizations that -

(i) has demonstrated experience in providing agricultural

education or other agriculturally related services to

socially disadvantaged farmers and ranchers;

(ii) has provided to the Secretary documentary evidence of

work with socially disadvantaged farmers and ranchers during

the 2-year period preceding the submission of an application

for assistance under subsection (a) of this section; and

(iii) does not engage in activities prohibited under

section 501(c)(3) of title 26.

(B) An 1890 institution or 1994 institution (as defined in

section 7601 of this title), including West Virginia State

College.

(C) An Indian tribal community college or an Alaska Native

cooperative college.

(D) An Hispanic-serving institution (as defined in section

3103 of this title).

(E) Any other institution of higher education (as defined in

section 1001 of title 20) that has demonstrated experience in

providing agriculture education or other agriculturally related

services to socially disadvantaged farmers and ranchers in a

region.

(F) An Indian tribe (as defined in section 450b of title 25)

or a national tribal organization that has demonstrated

experience in providing agriculture education or other

agriculturally related services to socially disadvantaged

farmers and ranchers in a region.

(G) An organization or institution that received funding

under subsection (a) of this section before January 1, 1996,

but only with respect to projects that the Secretary considers

are similar to projects previously carried out by the

organization or institution under such subsection.

(6) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(f) Omitted

(g) Reservations

(1) Consolidated suboffice

The Secretary shall require the Agricultural Stabilization and

Conservation Service, Soil Conservation Service, and Farmers Home

Administration offices, and such other offices and functions the

Secretary may choose to include, in each county that has a

reservation within its borders, to establish a consolidated

suboffice at the tribal headquarters of said reservation and to

staff said suboffice as needed, using existing staff, but no less

than one day a week or under such other arrangement agreed to by

the tribe and the Department offices. The tribe shall be

required to provide the necessary office space if it wishes to

participate in this program.

(2) Cooperative agreements

For those reservations that are located in more than one

county, the Secretary, the relevant county offices and the tribe

shall enter into a cooperative agreement to provide the services

required by paragraph (1) that avoids duplication of effort.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2501, Nov. 28, 1990, 104 Stat.

4062; Pub. L. 102-237, title X, Sec. 1003, Dec. 13, 1991, 105 Stat.

1894; Pub. L. 107-171, title X, Sec. 10707, May 13, 2002, 116 Stat.

520.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (e)(3)(A),

is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

The Consolidated Farm and Rural Development Act, referred to in

subsec. (e)(3)(B), is title III of Pub. L. 87-128, Aug. 8, 1961, 75

Stat. 307, as amended, which is classified principally to chapter

50 (Sec. 1921 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1921 of this title and Tables.

The Agricultural Adjustment Act of 1938, referred to in subsec.

(e)(3)(C), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,

which is classified principally to chapter 35 (Sec. 1281 et seq.)

of this title. For complete classification of this Act to the

Code, see section 1281 of this title and Tables.

The Soil Conservation Act and the Domestic Allotment Assistance

Act, referred to in subsec. (e)(3)(D) and (E), respectively,

probably mean the Soil Conservation and Domestic Allotment Act, act

Apr. 27, 1935, ch. 85, 49 Stat. 163, as amended, which is

classified generally to chapter 3B (Sec. 590a et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 590q of Title 16 and Tables.

The Food Security Act of 1985, referred to in subsec. (e)(3)(F),

is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. For

complete classification of this Act to the Code, see Short Title of

1985 Amendment note set out under section 1281 of this title and

Tables.

-COD-

CODIFICATION

Section is comprised of section 2501 of Pub. L. 101-624. Subsec.

(f) of section 2501 of Pub. L. 101-624 amended section 2003 of this

title.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171, Sec. 10707(b), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows:

''(1) In general. - The Secretary of Agriculture (hereafter

referred to in this section as the 'Secretary') shall provide

outreach and technical assistance to encourage and assist socially

disadvantaged farmers and ranchers to own and operate farms and

ranches and to participate in agricultural programs. This

assistance should include information on application and bidding

procedures, farm management, and other essential information to

participate in agricultural programs.

''(2) Grants and Contracts. - The Secretary may make grants and

enter into contracts and other agreements in the furtherance of

this section with the following entities -

''(A) any community based organization that -

''(i) has demonstrated experience in providing agricultural

education or other agriculturally related services to socially

disadvantaged farmers and ranchers;

''(ii) provides documentary evidence of its past experience

of working with socially disadvantaged farmers and ranchers

during the two years preceding its application for assistance

under this section; and

''(iii) does not engage in activities prohibited under

section 501(c)(3) of title 26; and

''(B) 1890 Land-Grant Colleges including Tuskegee Institute,

Indian tribal community colleges and Alaska native cooperative

colleges, Hispanic serving post-secondary educational

institutions, and other post-secondary educational institutions

with demonstrated experience in providing agriculture education

or other agriculturally related services to socially

disadvantaged family farmers and ranchers in their region.

''(3) Funding. - There are authorized to be appropriated

$10,000,000 for each fiscal year to carry out this subsection.''

Subsec. (d)(1). Pub. L. 107-171, Sec. 10707(c)(1), struck out

''of Agriculture'' after ''analyze within the Department''.

Subsec. (e)(4) to (6). Pub. L. 107-171, Sec. 10707(a), added

pars. (4) to (6).

Subsec. (g)(1). Pub. L. 107-171, Sec. 10707(c)(2), struck out

''of Agriculture'' after ''Department''.

1991 - Subsec. (a)(3). Pub. L. 102-237, Sec. 1003(1), substituted

''subsection'' for ''section''.

Subsec. (c)(1)(C). Pub. L. 102-237, Sec. 1003(2), inserted

''program'' after ''agricultural''.

Subsec. (d)(3). Pub. L. 102-237, Sec. 1003(3), substituted

''November 28, 1991'' for ''1 year after the date of enactment of

this Act''.

WAIVER OF STATUTE OF LIMITATIONS

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 741), Oct.

21, 1998, 112 Stat. 2681, 2681-30, provided that:

''(a) To the extent permitted by the Constitution, any civil

action to obtain relief with respect to the discrimination alleged

in an eligible complaint, if commenced not later than 2 years after

the date of the enactment of this Act (Oct. 21, 1998), shall not be

barred by any statute of limitations.

''(b) The complainant may, in lieu of filing a civil action, seek

a determination on the merits of the eligible complaint by the

Department of Agriculture if such complaint was filed not later

than 2 years after the date of enactment of this Act (Oct. 21,

1998). The Department of Agriculture shall -

''(1) provide the complainant an opportunity for a hearing on

the record before making that determination;

''(2) award the complainant such relief as would be afforded

under the applicable statute from which the eligible complaint

arose notwithstanding any statute of limitations; and

''(3) to the maximum extent practicable within 180 days after

the date a determination of an eligible complaint is sought under

this subsection conduct an investigation, issue a written

determination and propose a resolution in accordance with this

subsection.

''(c) Notwithstanding subsections (a) and (b), if an eligible

claim is denied administratively, the claimant shall have at least

180 days to commence a cause of action in a Federal court of

competent jurisdiction seeking a review of such denial.

''(d) The United States Court of Federal Claims and the United

States District Court shall have exclusive original jurisdiction

over -

''(1) any cause of action arising out of a complaint with

respect to which this section waives the statute of limitations;

and

''(2) any civil action for judicial review of a determination

in an administrative proceeding in the Department of Agriculture

under this section.

''(e) As used in this section, the term 'eligible complaint'

means a nonemployment related complaint that was filed with the

Department of Agriculture before July 1, 1997 and alleges

discrimination at any time during the period beginning on January

1, 1981 and ending December 31, 1996 -

''(1) in violation of the Equal Credit Opportunity Act (15

U.S.C. 1691 et seq.) in administering -

''(A) a farm ownership, farm operating, or emergency loan

funded from the Agricultural Credit Insurance Program Account;

or

''(B) a housing program established under title V of the

Housing Act of 1949 (42 U.S.C. 1471 et seq.); or

''(2) in the administration of a commodity program or a

disaster assistance program.

''(f) This section shall apply in fiscal year 1999 and

thereafter.

''(g) The standard of review for judicial review of an agency

action with respect to an eligible complaint is de novo review.

Chapter 5 of title 5 of the United States Code shall apply with

respect to an agency action under this section with respect to an

eligible complaint, without regard to section 554(a)(1) of that

title.''

-CITE-

7 USC Sec. 2279-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279-1. Transparency and accountability for socially

disadvantaged farmers and ranchers

-STATUTE-

(a) Purpose

The purpose of this section is to ensure compilation and public

disclosure of data to assess and hold the Department of Agriculture

accountable for the nondiscriminatory participation of socially

disadvantaged farmers and ranchers in programs of the Department.

(b) Definition of socially disadvantaged farmer or rancher

In this section, the term ''socially disadvantaged farmer or

rancher'' has the meaning given the term in section 2003(e) of this

title.

(c) Compilation of program participation data

(1) Annual requirement

For each county and State in the United States, the Secretary

shall compute annually the participation rate of socially

disadvantaged farmers and ranchers as a percentage of the total

participation of all farmers and ranchers for each program of the

Department of Agriculture established for farmers or ranchers.

(2) Reporting participation

In reporting the rates of participation under paragraph (1),

the Secretary shall report the participation rate of socially

disadvantaged farmers and ranchers according to race, ethnicity,

and gender.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2501A, as added Pub. L. 107-171,

title X, Sec. 10708(a), May 13, 2002, 116 Stat. 522.)

-CITE-

7 USC Sec. 2279a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279a. Fair and equitable treatment of socially disadvantaged

producers

-STATUTE-

(a) Fair crop acreage bases and farm program payment yields

If the Secretary of Agriculture determines that crop acreage

bases or farm program payment yields established for farms owned or

operated by socially disadvantaged producers are not established in

accordance with title V of the Agricultural Act of 1949 (7 U.S.C.

1461 et seq.), the Secretary shall adjust the bases and yields to

conform to the requirements of such title and make available any

appropriate commodity program benefits.

(b) Fair application of Consolidated Farm and Rural Development Act

If the Secretary of Agriculture determines that application of

the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et

seq.) with respect to socially disadvantaged producers is not

consistent with the requirements of such Act, the Secretary shall

make such changes in the administration of such Act as the

Secretary considers necessary to provide for the fair and equitable

treatment of socially disadvantaged producers under such Act.

(c) Report on treatment of socially disadvantaged producers

(1) Report required

The Comptroller General of the United States shall prepare a

report to determine -

(A) whether socially disadvantaged producers are

underrepresented on State, county, area, or local committees

established under section 590h(b)(5) of title 16 or local

review committees established under section 1363 of this title

because of racial, ethnic, or gender prejudice; and

(B) if such underrepresentation exists, whether it inhibits

or interferes with the participation of socially disadvantaged

producers in programs of the Department of Agriculture.

(2) Submission of report

Not later than February 1, 1995, the Comptroller General shall

submit the report required by this subsection to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate.

(d) ''Socially disadvantaged producer'' defined

For purposes of this section, the term ''socially disadvantaged

producer'' means a producer who is a member of a group whose

members have been subjected to racial, ethnic, or gender prejudice

because of their identity as members of a group without regard to

their individual qualities.

-SOURCE-

(Pub. L. 103-354, title III, Sec. 305, Oct. 13, 1994, 108 Stat.

3240.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (a), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended. Title V of the

Act, which was classified generally to subchapter IV (Sec. 1461 et

seq.) of chapter 35A of this title, was omitted from the Code. For

complete classification of this Act to the Code, see Short Title

note set out under section 1421 of this title and Tables.

The Consolidated Farm and Rural Development Act, referred to in

subsec. (b), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat.

307, as amended, which is classified principally to chapter 50

(Sec. 1921 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1921 of this title and Tables.

-CITE-

7 USC Sec. 2279b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279b. Operation of Graduate School of Department of

Agriculture as nonappropriated fund instrumentality

-STATUTE-

(a) Definitions

In this section:

(1) Graduate School

The term ''Graduate School'' means the Graduate School of the

Department of Agriculture.

(2) Board

The term ''Board'' means the General Administration Board of

the Graduate School.

(3) Director

The term ''Director'' means the Director of the Graduate

School.

(4) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(b) Operation as nonappropriated fund instrumentality

On and after April 4, 1996, the Graduate School of the Department

of Agriculture shall continue to operate as a nonappropriated fund

instrumentality of the United States under the jurisdiction of the

Department of Agriculture.

(c) Activities of Graduate School

Under the general supervision of the Secretary, the Graduate

School shall develop, administer, and provide educational,

training, and professional development activities, including

educational activities for Federal agencies, Federal employees,

nonprofit organizations, other entities, and members of the general

public.

(d) Fees and donations

(1) Collection of fees

The Graduate School may charge and retain fair and reasonable

fees for the activities provided by the Graduate School. The

amount of the fees shall be based on the cost of the activities

to the Graduate School.

(2) Acceptance of donations

(A) Acceptance and use authorized

The Graduate School may accept, use, hold, dispose, and

administer gifts, bequests, and devises of money, securities,

and other real or personal property made for the benefit of, or

in connection with, the Graduate School.

(B) Exception

The Graduate School shall not accept a donation from a person

that is actively engaged in a procurement activity with the

Graduate School or has an interest that may be substantially

affected by the performance or nonperformance of an official

duty of a member of the Board or an employee of the Graduate

School.

(3) Not Federal funds

Fees collected under paragraph (1) and amounts received under

paragraph (2) shall not be considered to be Federal funds and

shall not be required to be deposited in the Treasury of the

United States.

(e) General Administration Board and Director

(1) Appointment as governing board

The Secretary shall appoint a General Administration Board to

serve as a governing board for the Graduate School and to

supervise and direct the activities of the Graduate School. The

Board shall be subject to regulation by the Secretary.

(2) Duties of Board

The Board shall -

(A) formulate broad policies in accordance with which the

Graduate School shall be administered;

(B) take all steps necessary to ensure that the highest

possible educational standards are maintained by the Graduate

School;

(C) exercise general supervision over the administration of

the Graduate School; and

(D) establish such bylaws, rules, and procedures as may be

necessary for the fulfillment of the duties described in

subparagraphs (A), (B), and (C).

(3) Appointment of Director and other officers

The Board shall select a Director and such other officers as

the Board considers necessary to administer the Graduate School.

The Director and other officers shall serve on such terms and

perform such duties as the Board may prescribe.

(4) Duties of Director

The Director shall be responsible, subject to the supervision

and direction of the Board, for carrying out the functions of the

Graduate School.

(5) Borrowing and investment authority

The Board may authorize the Director -

(A) to borrow money on the credit of the Graduate School; and

(B) to invest funds held in excess of the current operating

requirements of the Graduate School for purposes of maintaining

a reasonable reserve.

(6) Liability

The Director and the members of the Board shall not be held

personally liable for any loss or damage that may accrue to the

funds of the Graduate School as the result of any act or exercise

of discretion performed in carrying out their duties under this

section.

(f) Employees

Employees of the Graduate School are employees of a

nonappropriated fund instrumentality and shall not be considered to

be Federal employees.

(g) Not a Federal agency

The Graduate School shall not be considered to be a Federal

agency for purposes of -

(1) the Federal Advisory Committee Act (5 U.S.C. App.);

(2) section 552 or 552a of title 5; or

(3) chapter 171 of title 28.

(h) Acquisition and disposal of property

In order to carry out the activities of the Graduate School, the

Graduate School may -

(1) acquire real property in the District of Columbia and in

other places by lease, purchase, or otherwise;

(2) maintain, enlarge, or remodel any such property;

(3) have sole control of any such property; and

(4) dispose of real and personal property without regard to the

Federal Property and Administrative Services Act of 1949.

(FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(i) Contract authority

The Graduate School may enter into contracts without regard to

the Federal Property and Administrative Services Act of 1949

(FOOTNOTE 1) or any other law that prescribes procedures for the

procurement of property or services by an executive agency.

(j) Use of Department facilities and resources

The Graduate School may use the facilities and resources of the

Department of Agriculture, on the condition that any costs incurred

by the Department that are attributable solely to Graduate School

operations and all costs incurred by the Graduate School arising

out of such operations shall be paid using funds of the Graduate

School. Federal funds may not be used to pay the costs.

(k) Audits of records

The financial records of the Graduate School (including records

relating to contracts or agreements entered into under subsection

(c) of this section) shall be made available to the Comptroller

General for purposes of conducting an audit.

-SOURCE-

(Pub. L. 104-127, title IX, Sec. 921, Apr. 4, 1996, 110 Stat. 1191;

Pub. L. 107-171, title X, Sec. 10705(a), May 13, 2002, 116 Stat.

518.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(g)(1), 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.

The Federal Property and Administrative Services Act of 1949,

referred to in subsecs. (h)(4) and (i), is act June 30, 1949, ch.

288, 63 Stat. 377, as amended. Except for title III of the Act,

which is classified generally to subchapter IV (Sec. 251 et seq.)

of chapter 4 of Title 41, Public Contracts, the Act was repealed

and reenacted by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works.

-MISC2-

AMENDMENTS

2002 - Subsec. (k). Pub. L. 107-171 added subsec. (k).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-171, title X, Sec. 10705(c), May 13, 2002, 116 Stat.

519, provided that: ''The amendments made by this section (amending

this section and repealing section 5922 of this title) take effect

on October 1, 2002.''

-CITE-

7 USC Sec. 2279c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279c. Student internship programs

-STATUTE-

(a) Student intern subsistence program

(1) ''Student intern'' defined

In this subsection, the term ''student intern'' means a person

who -

(A) is employed by the Department of Agriculture (referred to

in this section as the ''Department'') to assist scientific,

professional, administrative, or technical employees of the

Department; and

(B) is a student in good standing at an institution of higher

education (as defined in section 1001 of title 20) pursuing a

course of study related to the field in which the person is

employed by the Department.

(2) Payment of certain expenses by the Secretary

The Secretary of Agriculture (referred to in this section as

the ''Secretary'') may, out of user fee funds or funds

appropriated to any agency of the Department, pay for lodging

expenses, subsistence expenses, and transportation expenses of a

student intern at the agency (including expenses of

transportation to and from the student intern's residence at or

near the institution of higher education attended by the student

intern and the official duty station at which the student intern

is employed).

(b) Cooperation with associations of colleges and universities

(1) Authority to cooperate

Notwithstanding chapter 63 of title 31, the Secretary may enter

into cooperative agreements on an annual basis with 1 or more

associations of institutions of higher education (as defined in

section 1001 of title 20) for the purpose of providing for

Department participation in internship programs for graduate and

undergraduate students who are selected by the associations from

students attending member institutions of the associations and

other institutions of higher education.

(2) Internship program

An internship program supported under this subsection (referred

to in this subsection as an ''internship program'') shall provide

work assignments for students within the Department and such

other activities as the association that enters into the

cooperative agreement under paragraph (1) with respect to the

internship program (referred to in this subsection as the

''cooperating association'') and the Secretary shall determine.

The nature of Department participation in an internship program

shall be developed jointly by the Secretary and the cooperating

association.

(3) Program coordination

The cooperating association shall coordinate an internship

program, including -

(A) the recruitment of students;

(B) arrangements for travel of the students to Washington,

District of Columbia, and to agency field locations;

(C) the provision of housing for students, if required; and

(D) all activities for the students that take place outside

the Department work assignments of the students.

(4) Number and selection of students

(A) Number

A cooperative agreement entered into under paragraph (1)

shall specify the number of students that the Department will

host each year and a list of work assignments to be provided

for the students.

(B) Selection

The cooperating association shall provide the Department with

a pool of student candidates meeting the requirements for each

work assignment identified by the Secretary. Final selection of

the students for Department internship positions shall be made

by the Secretary.

(5) Cost reimbursement

From such amounts as the Secretary determines are available

each fiscal year for internship programs, and subject to such

regulations as the Secretary may issue, the Secretary may

reimburse a cooperating association for the Department share of

all direct and indirect costs of an internship program, including

student stipends, transportation costs to the internship site,

and other costs of an internship program.

(6) Lead agency

The Secretary may designate a lead agency within the Department

to carry out this subsection.

(7) Interagency agreements

Agencies and offices within the Department other than the lead

agency -

(A) may enter into interagency agreements with the lead

agency to provide work assignments for students participating

in an internship program; and

(B) shall reimburse the lead agency for the direct and

indirect costs of each student assigned to the agency under an

internship program.

(8) Federal employee status

A student who participates in an internship program shall not

be considered a Federal employee, except for purposes of chapter

81 of title 5, and chapter 171 of title 28.

-SOURCE-

(Pub. L. 104-127, title IX, Sec. 922, Apr. 4, 1996, 110 Stat. 1193;

Pub. L. 105-244, title I, Sec. 102(a)(1)(A), Oct. 7, 1998, 112

Stat. 1617.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (a)(1)(B), (b)(1). Pub. L. 105-244 substituted

''section 1001 of title 20)'' for ''section 1141 of title 20)''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-CITE-

7 USC Sec. 2279d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279d. Compensatory damages in claims under Rehabilitation Act

of 1973

-STATUTE-

In any claim brought under the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.) and filed with the Secretary of Agriculture

after January 1994 resulting in a finding that a farmer was

subjected to discrimination under any farm loan program or activity

conducted by the United States Department of Agriculture in

violation of section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794), the Secretary of Agriculture shall be liable for

compensatory damages. Such liability shall apply to any

administrative action brought before October 21, 1998, but only if

the action is brought within the applicable statute of limitations

and the complainant sought or seeks compensatory damages while the

action is pending.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 742), Oct.

21, 1998, 112 Stat. 2681, 2681-31.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in text, is Pub. L.

93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-CITE-

7 USC Sec. 2279e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279e. Civil penalty

-STATUTE-

(a) In general

Any person that causes harm to, or interferes with, an animal

used for the purposes of official inspections by the Department of

Agriculture or the Department of Homeland Security, may, after

notice and opportunity for a hearing on the record, be assessed a

civil penalty by the Secretary of Agriculture or the Secretary of

Homeland Security not to exceed $10,000.

(b) Factors in determining civil penalty

In determining the amount of a civil penalty, the Secretary

concerned shall take into account the nature, circumstance, extent,

and gravity of the offense.

(c) Settlement of civil penalties

The Secretary concerned may compromise, modify, or remit, with or

without conditions, any civil penalty that may be assessed under

this section.

(d) Finality of orders

(1) In general

The order of the Secretary concerned assessing a civil penalty

shall be treated as a final order reviewable under chapter 158 of

title 28. The validity of the order of the Secretary concerned

may not be reviewed in an action to collect the civil penalty.

(2) Interest

Any civil penalty not paid in full when due under an order

assessing the civil penalty shall thereafter accrue interest

until paid at the rate of interest applicable to civil judgments

of the courts of the United States.

(e) Secretary concerned defined

In this section and section 2279f of this title, the term

''Secretary concerned'' means -

(1) the Secretary of Agriculture, with respect to an animal

used for purposes of official inspections by the Department of

Agriculture; and

(2) the Secretary of Homeland Security, with respect to an

animal used for purposes of official inspections by the

Department of Homeland Security.

-SOURCE-

(Pub. L. 106-224, title V, Sec. 501, June 20, 2000, 114 Stat. 455;

Pub. L. 107-296, title IV, Sec. 421(h), Nov. 25, 2002, 116 Stat.

2184.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 421(h)(1), inserted

''or the Department of Homeland Security'' after ''Department of

Agriculture'' and ''or the Secretary of Homeland Security'' after

''Secretary of Agriculture''.

Subsecs. (b) to (d)(1). Pub. L. 107-296, Sec. 421(h)(2),

substituted ''Secretary concerned'' for ''Secretary'' wherever

appearing.

Subsec. (e). Pub. L. 107-296, Sec. 421(h)(3), added subsec. (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2279f of this title.

-CITE-

7 USC Sec. 2279f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 55 - DEPARTMENT OF AGRICULTURE

-HEAD-

Sec. 2279f. Subpoena authority

-STATUTE-

(a) In general

The Secretary concerned shall have power to subpoena the

attendance and testimony of any witness, and the production of all

documentary evidence relating to the enforcement of section 2279e

of this title or any matter under investigation in connection with

this section and section 2279e of this title.

(b) Location of production

The attendance of any witness and the production of documentary

evidence may be required from any place in the United States at any

designated place of hearing.

(c) Enforcement of subpoena

In the case of disobedience to a subpoena by any person, the

Secretary concerned may request the Attorney General to invoke the

aid of any court of the United States within the jurisdiction in

which the investigation is conducted, or where the person resides,

is found, transacts business, is licensed to do business, or is

incorporated, in requiring the attendance and testimony of any

witness and the production of documentary evidence. In case of a

refusal to obey a subpoena issued to any person, a court may order

the person to appear before the Secretary concerned and give

evidence concerning the matter in question or to produce

documentary evidence. Any failure to obey the court's order may be

punished by the court as a contempt of the court.

(d) Compensation

Witnesses summoned by the Secretary concerned shall be paid the

same fees and mileage that are paid to witnesses in courts of the

United States, and witnesses whose depositions are taken, and the

persons taking the depositions shall be entitled to the same fees

that are paid for similar services in the courts of the United

States.

(e) Procedures

The Secretary concerned shall publish procedures for the issuance

of subpoenas under this section. Such procedures shall include a

requirement that subpoenas be reviewed for legal sufficiency and

signed by the Secretary concerned. If the authority to sign a

subpoena is delegated, the agency receiving the delegation shall

seek review for legal sufficiency outside that agency.

(f) Scope of subpoena

Subpoenas for witnesses to attend court in any judicial district

or testify or produce evidence at an administrative hearing in any

judicial district in any action or proceeding arising under section

2279e of this title may run to any other judicial district.

-SOURCE-

(Pub. L. 106-224, title V, Sec. 502, June 20, 2000, 114 Stat. 455;

Pub. L. 107-296, title IV, Sec. 421(h)(2), Nov. 25, 2002, 116 Stat.

2184.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (c) to (e). Pub. L. 107-296 substituted

''Secretary concerned'' for ''Secretary'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2279e of this title.

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