US (United States) Code. Title 7. Chapter 98: Department of Agriculture Reorganization

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

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-CITE-

7 USC CHAPTER 98 - DEPARTMENT OF AGRICULTURE

REORGANIZATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

.

-HEAD-

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

-MISC1-

Sec.

6901. Purpose.

6902. Definitions.

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

6911. Transfer of Department functions to Secretary of Agriculture.

(a) Transfer of functions.

(b) Exceptions.

6912. Authority of Secretary to delegate transferred functions.

(a) Delegation of authority.

(b) Cost-benefit analysis required for name change.

(c) Public comment on proposed reorganization.

(d) Interagency transfer of records, property,

personnel, and funds.

(e) Exhaustion of administrative appeals.

6913. Reductions in number of Department personnel.

(a) Definitions.

(b) Number of reductions required.

(c) Emphasis on headquarters offices reductions.

(d) Schedule.

6914. Consolidation of headquarters offices.

6915. Combination of field offices.

(a) Combination of offices required.

(b) Joint use of resources and offices required.

6916. Improvement of information sharing.

6917. Reports by Secretary.

(a) In general.

(b) Limitation.

(c) Selection of reports.

6918. Assistant Secretaries of Agriculture.

(a) Authorization.

(b) Confirmation required.

(c) Succession.

(d) Duties of Assistant Secretary of Agriculture for

Civil Rights.

6919. Repealed.

6920. Office of Energy Policy and New Uses.

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

6931. Under Secretary of Agriculture for Farm and Foreign

Agricultural Services.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Succession.

6932. Consolidated Farm Service Agency.

(a) Establishment.

(b) Functions of Consolidated Farm Service Agency.

(c) Special concurrence requirements for certain

functions.

(d) Jurisdiction over conservation program appeals.

(e) Use of Federal and non-Federal employees.

(f) Collocation.

(g) Savings provision.

6933. Office of Risk Management.

(a) Establishment.

(b) Functions of Office of Risk Management.

(c) Administrator.

(d) Resources.

SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

6941. Under Secretary of Agriculture for Rural Development.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Succession.

(e) Loan approval authority.

6942. Rural Utilities Service.

(a) Establishment required.

(b) Administrator.

(c) Functions.

6943. Rural Housing and Community Development Service.

(a) Establishment authorized.

(b) Functions.

6944. Rural Business and Cooperative Development Service.

(a) Establishment authorized.

(b) Functions.

SUBCHAPTER IV - FOOD, NUTRITION, AND CONSUMER SERVICES

6951. Under Secretary of Agriculture for Food, Nutrition, and

Consumer Services.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Succession.

SUBCHAPTER V - NATURAL RESOURCES AND ENVIRONMENT

6961. Under Secretary of Agriculture for Natural Resources and

Environment.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Succession.

6962. Natural Resources Conservation Service.

(a) Establishment.

(b) Functions.

(c) Special concurrence requirements for certain

functions.

(d) Use of Federal and non-Federal employees.

(e) Savings provision.

6962a. Cooperative agreements.

6963. Reorganization of Forest Service.

(a) Required elements of reorganization proposals.

(b) Report.

SUBCHAPTER VI - RESEARCH, EDUCATION, AND ECONOMICS

6971. Under Secretary of Agriculture for Research, Education, and

Economics.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Cooperative State Research, Education, and

Extension Service.

6972. Program staff.

SUBCHAPTER VII - FOOD SAFETY

6981. Under Secretary of Agriculture for Food Safety.

(a) Establishment.

(b) Functions of Under Secretary.

(c) Omitted.

(d) Technical and scientific review groups.

6982. Conditions for implementation of alterations in the level of

additives allowed in animal diets.

(a) Conditions.

(b) Final rule described.

SUBCHAPTER VIII - NATIONAL APPEALS DIVISION

6991. Definitions.

6992. National Appeals Division and Director.

(a) Establishment of Division.

(b) Director.

(c) Direction, control, and support.

(d) Determination of appealability of agency

decisions.

(e) Division personnel.

6993. Transfer of functions.

6994. Notice and opportunity for hearing.

6995. Informal hearings.

6996. Right of participants to Division hearing.

(a) Appeal to Division for hearing.

(b) Time for appeal.

6997. Division hearings.

(a) General powers of Director and hearing officers.

(b) Time for hearing.

(c) Location and elements of hearing.

(d) Determination notice.

(e) Effective date.

6998. Director review of determinations of hearing officers.

(a) Requests for Director review.

(b) Determination of Director.

(c) Basis for determination.

(d) Equitable relief.

(e) Effective date.

6999. Judicial review.

7000. Implementation of final determinations of Division.

7001. Conforming amendments relating to National Appeals Division.

(a) Decisions of State, county, and area committees.

(b), (c) Omitted.

7002. Authorization of appropriations.

SUBCHAPTER VIII-A - MARKETING AND REGULATORY PROGRAMS

7005. Under Secretary of Agriculture for Marketing and Regulatory

Programs.

(a) Authorization.

(b) Confirmation required.

(c) Functions of Under Secretary.

(d) Succession.

SUBCHAPTER IX - MISCELLANEOUS REORGANIZATION PROVISIONS

7011. Successorship provisions relating to bargaining units and

exclusive representatives.

(a) Voluntary agreement.

(b) Effect of an agreement.

(c) ''Affected party'' defined.

7012. Purchase of American-made equipment and products.

(a) Sense of Congress.

(b) Notice requirement.

7013. Proposed conforming amendments.

7014. Termination of authority.

(a) In general.

(b) Functions.

SUBCHAPTER X - FREEDOM TO E-FILE

7031. Electronic filing and retrieval.

(a) In general.

(b) Applicability.

(c) Implementation.

(d) Progress reports.

7032. Accessing information and filing over the Internet.

(a) In general.

(b) Implementation.

7033. Availability of agency information technology funds.

(a) Reservation of funds.

(b) Time for reservation.

(c) Use of funds.

(d) Return of funds.

7034. Federal Crop Insurance Corporation and Risk Management

Agency.

(a) In general.

(b) Administration.

(c) Implementation.

7035. Confidentiality.

-CITE-

7 USC Sec. 6901 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

-HEAD-

Sec. 6901. Purpose

-STATUTE-

The purpose of this chapter is to provide the Secretary of

Agriculture with the necessary authority to streamline and

reorganize the Department of Agriculture to achieve greater

efficiency, effectiveness, and economies in the organization and

management of the programs and activities carried out by the

Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 202, Oct. 13, 1994, 108 Stat.

3209.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 103-354, Oct. 13, 1994, 108

Stat. 3209, known as the Department of Agriculture Reorganization

Act of 1994. For complete classification of title II to the Code,

see Short Title note below and Tables.

-MISC2-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-222, Sec. 1, June 20, 2000, 114 Stat. 353, provided

that: ''This Act (enacting subchapter X of this chapter) may be

cited as the 'Freedom to E-File Act'.''

SHORT TITLE

Section 1(a) of Pub. L. 103-354 provided that: ''This Act (see

Tables for classification) may be cited as the 'Federal Crop

Insurance Reform and Department of Agriculture Reorganization Act

of 1994'.''

Section 201(a) of title II of Pub. L. 103-354 provided that:

''This title (see Tables for classification) may be cited as the

'Department of Agriculture Reorganization Act of 1994'.''

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7 USC Sec. 6902 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

-HEAD-

Sec. 6902. Definitions

-STATUTE-

Except where the context requires otherwise, for purposes of this

chapter:

(1) Department

The term ''Department'' means the Department of Agriculture.

(2) National Appeals Division

The term ''National Appeals Division'' means the National

Appeals Division of the Department established under section 6992

of this title.

(3) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(4) Function

The term ''function'' means an administrative, financial, or

regulatory activity of an agency, office, officer, or employee of

the Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 203, Oct. 13, 1994, 108 Stat.

3209.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 103-354, Oct. 13, 1994, 108

Stat. 3209, known as the Department of Agriculture Reorganization

Act of 1994. For complete classification of title II to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-CITE-

7 USC SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

.

-HEAD-

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-CITE-

7 USC Sec. 6911 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6911. Transfer of Department functions to Secretary of

Agriculture

-STATUTE-

(a) Transfer of functions

Except as provided in subsection (b) of this section, there are

transferred to the Secretary of Agriculture all functions of all

agencies, offices, officers, and employees of the Department that

are not already vested in the Secretary on October 13, 1994.

(b) Exceptions

Subsection (a) of this section shall not apply to the following

functions:

(1) Functions vested by subchapter II of chapter 5 of title 5

in administrative law judges employed by the Department.

(2) Functions vested by the Inspector General Act of 1978 (5

U.S.C. App.) in the Inspector General of the Department.

(3) Functions vested by chapter 9 of title 31 in the Chief

Financial Officer of the Department.

(4) Functions vested in the corporations of the Department or

the boards of directors and officers of such corporations.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 211, Oct. 13, 1994, 108 Stat.

3209; Pub. L. 104-127, title VII, Sec. 722(c), Apr. 4, 1996, 110

Stat. 1115; Pub. L. 107-171, title VI, Sec. 6201(d)(3), May 13,

2002, 116 Stat. 419.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b)(2),

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-

AMENDMENTS

2002 - Subsec. (b)(5). Pub. L. 107-171 struck out par. (5) which

read as follows: ''Functions vested in the Corporate Board of the

Alternative Agricultural Research and Commercialization Corporation

by the Alternative Agricultural Research and Commercialization Act

of 1990 (7 U.S.C. 5901 et seq.).''

1996 - Subsec. (b)(5). Pub. L. 104-127 substituted ''Corporate

Board of the Alternative Agricultural Research and

Commercialization Corporation'' for ''Alternative Agricultural

Research and Commercialization Board''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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7 USC Sec. 6912 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6912. Authority of Secretary to delegate transferred functions

-STATUTE-

(a) Delegation of authority

(1) Delegation authorized

Subject to paragraph (2), the Secretary may delegate to any

agency, office, officer, or employee of the Department the

authority to perform any function transferred to the Secretary

under section 6911(a) of this title or any other function vested

in the Secretary as of October 13, 1994. The authority provided

in the preceding sentence includes the authority to establish,

consolidate, alter, or discontinue any agency, office, or other

administrative unit of the Department.

(2) Condition on authority

The delegation authority provided by paragraph (1) shall be

subject to -

(A) sections 6942, 6971(d), 6993, and 2204e of this title and

subsections (a) and (b)(1) of section 6981 of this title;

(B) sections 5692 and 5693 of this title; and

(C) section 590h(b)(5) of title 16.

(b) Cost-benefit analysis required for name change

(1) Analysis required

Except as provided in paragraph (2), the Secretary shall

conduct a cost-benefit analysis before changing the name of any

agency, office, division, or other unit of the Department to

ensure that the benefits to be derived from changing the name of

the agency, office, division, or other unit outweigh the expense

of executing the name change.

(2) Exception

Paragraph (1) shall not apply with respect to any name change

required or authorized by this chapter.

(c) Public comment on proposed reorganization

To the extent that the implementation of the authority provided

to the Secretary by this chapter to reorganize the Department

involves the creation of new agencies or offices within the

Department or the delegation of major functions or major groups of

functions to any agency or office of the Department (or the

officers or employees of such agency or office), the Secretary

shall, to the extent considered practicable by the Secretary -

(1) give appropriate advance public notice of the proposed

reorganization action or delegation; and

(2) afford appropriate opportunity for interested parties to

comment on the proposed reorganization action or delegation.

(d) Interagency transfer of records, property, personnel, and funds

(1) Related transfers

Subject to paragraph (2), as part of the transfer or delegation

of a function of the Department made or authorized by this

chapter, the Secretary may transfer within the Department -

(A) any of the records, property, or personnel affected by

the transfer or delegation of the function; and

(B) unexpended balances (available or to be made available

for use in connection with the transferred or delegated

function) of appropriations, allocations, or other funds of the

Department.

(2) Applicable law relating to funds transfer

Section 1531 of title 31 shall apply to any transfer of funds

under paragraph (1).

(e) Exhaustion of administrative appeals

Notwithstanding any other provision of law, a person shall

exhaust all administrative appeal procedures established by the

Secretary or required by law before the person may bring an action

in a court of competent jurisdiction against -

(1) the Secretary;

(2) the Department; or

(3) an agency, office, officer, or employee of the Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 212, Oct. 13, 1994, 108 Stat.

3210.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(2), (c), and (d)(1),

was in the original ''this title'', meaning title II of Pub. L.

103-354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of

Agriculture Reorganization Act of 1994. For complete classification

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

6901 of this title and Tables.

-CITE-

7 USC Sec. 6913 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6913. Reductions in number of Department personnel

-STATUTE-

(a) Definitions

For purposes of this section:

(1) Headquarters offices

The term ''headquarters offices'', with respect to agencies,

offices, or other administrative units of the Department, means

the offices, functions, and employee positions that are located

or performed -

(A) in Washington, District of Columbia; or

(B) in such other locations as are identified by the

Secretary for purposes of this section.

(2) Field structure

The term ''field structure'' means the offices, functions, and

employee positions of all agencies, offices, or other

administrative units of the Department, other than the

headquarters offices, except that the term does not include

State, county, or area committees established under section

590h(b)(5) of title 16. The term includes the physical and

geographic locations of such agencies, offices, or other

administrative units.

(b) Number of reductions required

The Secretary shall achieve Federal employee reductions of at

least 7,500 staff years within the Department by the end of fiscal

year 1999. Reductions in the number of full-time equivalent

positions within the Department achieved under section 5 of the

Federal Workforce Restructuring Act of 1994 (Public Law 103-226;

108 Stat. 115; 5 U.S.C. 3101 note) shall be counted toward the

employee reductions required under this section.

(c) Emphasis on headquarters offices reductions

In achieving the employee reductions required by subsection (b)

of this section, the Secretary shall pursue a goal so that the

percentage of the total number of employee staff years reduced in

headquarters offices is at least twice the percentage of the total

number of employee staff years reduced in the field structure.

(d) Schedule

The personnel reductions in headquarters offices and in the field

structure should be accomplished concurrently in a manner

determined by the Secretary.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 213, Oct. 13, 1994, 108 Stat.

3211.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6972 of this title.

-CITE-

7 USC Sec. 6914 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6914. Consolidation of headquarters offices

-STATUTE-

Subject to the availability of appropriated funds for this

purpose, the Secretary shall develop and carry out a plan to

consolidate offices located in Washington, District of Columbia, of

agencies, offices, and other administrative units of the

Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 214, Oct. 13, 1994, 108 Stat.

3211.)

-CITE-

7 USC Sec. 6915 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6915. Combination of field offices

-STATUTE-

(a) Combination of offices required

Where practicable and to the extent consistent with efficient,

effective, and improved service, the Secretary shall combine field

offices of agencies within the Department to reduce personnel and

duplicative overhead expenses.

(b) Joint use of resources and offices required

When two or more agencies of the Department share a common field

office, the Secretary shall require the agencies to jointly use

office space, equipment, office supplies, administrative personnel,

and clerical personnel associated with that field office.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 215, Oct. 13, 1994, 108 Stat.

3211.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7031 of this title.

-CITE-

7 USC Sec. 6916 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6916. Improvement of information sharing

-STATUTE-

Whenever the Secretary procures or uses computer systems, as may

be provided for in advance in appropriations Acts, the Secretary

shall do so in a manner that enhances efficiency, productivity, and

client services and is consistent with the goal of promoting

computer information sharing among agencies of the Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 216, Oct. 13, 1994, 108 Stat.

3212.)

-CITE-

7 USC Sec. 6917 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6917. Reports by Secretary

-STATUTE-

(a) In general

Subject to subsection (b) of this section, notwithstanding any

other provision of law, the Secretary may, but shall not be

required to, prepare and submit any report solely to the Committee

on Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate.

(b) Limitation

For each fiscal year, the Secretary may not prepare and submit

more than 30 reports referred to in subsection (a) of this section.

(c) Selection of reports

In consultation with the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate, the Secretary shall determine which

reports, if any, the Secretary will prepare and submit in

accordance with subsection (b) of this section.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 217, Oct. 13, 1994, 108 Stat.

3212.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5713 of this title.

-CITE-

7 USC Sec. 6918 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6918. Assistant Secretaries of Agriculture

-STATUTE-

(a) Authorization

The Secretary is authorized to establish in the Department the

positions of -

(1) Assistant Secretary of Agriculture for Congressional

Relations;

(2) Assistant Secretary of Agriculture for Administration; and

(3) Assistant Secretary of Agriculture for Civil Rights.

(b) Confirmation required

If the Secretary establishes any position of Assistant Secretary

authorized under subsection (a) of this section, the Assistant

Secretary shall be appointed by the President, by and with the

advice and consent of the Senate.

(c) Succession

Any official who is serving as Assistant Secretary of Agriculture

for Administration or Assistant Secretary of Agriculture for

Congressional Relations on October 13, 1994, and who was appointed

as such Assistant Secretary by the President, by and with the

advice and consent of the Senate, shall not be required to be

reappointed under subsection (b) of this section to the successor

position authorized under subsection (a) of this section if the

Secretary establishes the position, and the official occupies the

new position, within 180 days after October 13, 1994 (or such later

date set by the Secretary if litigation delays rapid succession).

(d) Duties of Assistant Secretary of Agriculture for Civil Rights

The Secretary may delegate to the Assistant Secretary for Civil

Rights responsibility for -

(1) ensuring compliance with all civil rights and related laws

by all agencies and under all programs of the Department;

(2) coordinating administration of civil rights laws (including

regulations) within the Department for employees of, and

participants in, programs of the Department; and

(3) ensuring that necessary and appropriate civil rights

components are properly incorporated into all strategic planning

initiatives of the Department and agencies of the Department.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 218, Oct. 13, 1994, 108 Stat.

3212; Pub. L. 105-277, div. A, Sec. 101(a) (title X, Sec.

1001(1)), Oct. 21, 1998, 112 Stat. 2681, 2681-41; Pub. L. 107-171,

title X, Sec. 10704(a), May 13, 2002, 116 Stat. 518.)

-REFTEXT-

REFERENCES IN TEXT

The civil rights laws, referred to in subsec. (d)(1), (2), are

classified generally to chapter 21 (Sec. 1981 et seq.) of Title 42,

The Public Health and Welfare.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-171, Sec. 10704(a)(1), added

par. (3).

Subsecs. (d), (e). Pub. L. 107-171, Sec. 10704(a)(2), added

subsec. (d) and struck out former subsecs. (d) and (e), which

amended section 5315 of Title 5, Government Organization and

Employees, and section 3128 of this title and repealed sections

2212 to 2212c of this title and section 2 of Reorg. Plan No. 2 of

1953, set out as a note under section 2201 of this title.

1998 - Subsec. (a). Pub. L. 105-277 inserted ''and'' at end of

par. (1), substituted a period for ''; and'' at end of par. (2),

and struck out par. (3) which read as follows: ''Assistant

Secretary of Agriculture for Marketing and Regulatory Programs.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7014 of this title.

-CITE-

7 USC Sec. 6919 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6919. Repealed. Pub. L. 105-277, div. A, Sec. 101(e) (title

III, Sec. 362), Oct. 21, 1998, 112 Stat. 2681-231, 2681-305

-MISC1-

Section, Pub. L. 103-354, title II, Sec. 219, Oct. 13, 1994, 108

Stat. 3213, provided that compensation of any officer or employee

of the Department on Oct. 13, 1994, was not to be increased as a

result of enactment of this chapter.

-CITE-

7 USC Sec. 6920 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER I - GENERAL REORGANIZATION AUTHORITIES

-HEAD-

Sec. 6920. Office of Energy Policy and New Uses

-STATUTE-

The Secretary shall establish for the Department, in the Office

of the Secretary, an Office of Energy Policy and New Uses.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 220, as added Pub. L. 105-185,

title VI, Sec. 602, June 23, 1998, 112 Stat. 585.)

-CITE-

7 USC SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL

SERVICES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

.

-HEAD-

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

-CITE-

7 USC Sec. 6931 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

-HEAD-

Sec. 6931. Under Secretary of Agriculture for Farm and Foreign

Agricultural Services

-STATUTE-

(a) Authorization

The Secretary is authorized to establish in the Department the

position of Under Secretary of Agriculture for Farm and Foreign

Agricultural Services.

(b) Confirmation required

If the Secretary establishes the position of Under Secretary of

Agriculture for Farm and Foreign Agricultural Services authorized

under subsection (a) of this section, the Under Secretary shall be

appointed by the President, by and with the advice and consent of

the Senate.

(c) Functions of Under Secretary

(1) Principal functions

Upon establishment, the Secretary shall delegate to the Under

Secretary of Agriculture for Farm and Foreign Agricultural

Services those functions under the jurisdiction of the Department

that are related to farm and foreign agricultural services.

(2) Additional functions

The Under Secretary of Agriculture for Farm and Foreign

Agricultural Services shall perform such other functions as may

be required by law or prescribed by the Secretary.

(d) Succession

Any official who is serving as Under Secretary of Agriculture for

International Affairs and Commodity Programs on October 13, 1994,

and who was appointed by the President, by and with the advice and

consent of the Senate, shall not be required to be reappointed

under subsection (b) of this section to the successor position

authorized under subsection (a) of this section if the Secretary

establishes the position, and the official occupies the new

position, within 180 days after October 13, 1994 (or such later

date set by the Secretary if litigation delays rapid succession).

-SOURCE-

(Pub. L. 103-354, title II, Sec. 225, Oct. 13, 1994, 108 Stat.

3213.)

-COD-

CODIFICATION

Section is comprised of section 225 of Pub. L. 103-354. Subsec.

(e) of section 225 of Pub. L. 103-354 amended section 5314 of Title

5, Government Organization and Employees, and repealed section 5691

of this title.

-CITE-

7 USC Sec. 6932 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

-HEAD-

Sec. 6932. Consolidated Farm Service Agency

-STATUTE-

(a) Establishment

The Secretary is authorized to establish and maintain in the

Department a Consolidated Farm Service Agency.

(b) Functions of Consolidated Farm Service Agency

If the Secretary establishes the Consolidated Farm Service Agency

under subsection (a) of this section, the Secretary is authorized

to assign to the Agency jurisdiction over the following functions:

(1) Agricultural price and income support programs, production

adjustment programs, and related programs.

(2) Repealed. Pub. L. 104-127, title I, Sec. 194(c), Apr. 4,

1996, 110 Stat. 946.

(3) Agricultural credit programs assigned before October 13,

1994, by law to the Farmers Home Administration (including farm

ownership and operating, emergency, and disaster loan programs)

and other lending programs for agricultural producers and others

engaged in the production of agricultural commodities.

(4) Subchapter B of chapter 1 of subtitle D of title XII of the

Food Security Act of 1985 (16 U.S.C. 3831 et seq.).

(5) Such other functions as the Secretary considers

appropriate, except for those programs assigned by the Secretary

to the Natural Resources Conservation Service or another agency

of the Department under section 6962(b) of this title.

(c) Special concurrence requirements for certain functions

In carrying out the programs specified in subsection (b)(4) of

this section, the Secretary shall -

(1) acting on the recommendations of the Consolidated Farm

Service Agency, with the concurrence of the Natural Resources

Conservation Service, issue regulations to carry out such

programs;

(2) ensure that the Consolidated Farm Service Agency, in

establishing policies, priorities, and guidelines for such

programs, does so with the concurrence of the Natural Resources

Conservation Service at national, State, and local levels;

(3) ensure that, in reaching such concurrence at the local

level, the Natural Resources Conservation Service works in

cooperation with Soil and Water Conservation Districts or similar

organizations established under State law;

(4) ensure that officials of county and area committees

established under section 590h(b)(5) of title 16 meet annually

with officials of such Districts or similar organizations to

consider local conservation priorities and guidelines; and

(5) take steps to ensure that the concurrence process does not

interfere with the effective delivery of such programs.

(d) Jurisdiction over conservation program appeals

(1) In general

Until such time as an adverse decision described in this

paragraph is referred to the National Appeals Division for

consideration, the Consolidated Farm Service Agency shall have

initial jurisdiction over any administrative appeal resulting

from an adverse decision made under title XII of the Food

Security Act of 1985 (16 U.S.C. 3801 et seq.), including an

adverse decision involving technical determinations made by the

Natural Resources Conservation Service.

(2) Treatment of technical determination

(A) In general

With respect to administrative appeals involving a technical

determination made by the Natural Resources Conservation

Service, the Consolidated Farm Service Agency, by rule with the

concurrence of the Natural Resources Conservation Service,

shall establish procedures for obtaining review by the Natural

Resources Conservation Service of the technical determinations

involved. Such rules shall ensure that technical criteria

established by the Natural Resources Conservation Service shall

be used by the Consolidated Farm Service Agency as the basis

for any decisions regarding technical determinations. If no

review is requested, the technical determination of the Natural

Resources Conservation Service shall be the technical basis for

any decision rendered by a county or area committee established

under section 590h(b)(5) of title 16. If the committee requests

a review by the Natural Resources Conservation Service of a

wetlands determination of the Service, the Consolidated Farm

Service Agency shall consult with other Federal agencies

whenever required by law or under a memorandum of agreement in

existence on October 13, 1994.

(B) Economic hardship

After a technical determination has been made, on a

producer's request, if a county or area committee determines

that the application of the producer's conservation system

would impose an undue economic hardship on the producer, the

committee shall provide the producer with relief to avoid the

hardship.

(3) Reinstatement of program benefits

Rules issued to carry out this subsection shall provide for the

prompt reinstatement of benefits to a producer who is determined

in an administrative appeal to meet the requirements of title XII

of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.)

applicable to the producer.

(e) Use of Federal and non-Federal employees

(1) Use authorized

In the implementation of programs and activities assigned to

the Consolidated Farm Service Agency, the Secretary may use

interchangeably in local offices of the Agency both Federal

employees of the Department and non-Federal employees of county

and area committees established under section 590h(b)(5) of title

16.

(2) Exception

Notwithstanding paragraph (1), no personnel action (as defined

in section 2302(a)(2)(A) of title 5) may be taken with respect to

a Federal employee unless such action is taken by another Federal

employee.

(f) Collocation

To the maximum extent practicable, the Secretary shall collocate

county offices of the Consolidated Farm Service Agency with county

offices of the Natural Resources Conservation Service in order to -

(1) maximize savings from shared equipment, office space, and

administrative support;

(2) simplify paperwork and regulatory requirements;

(3) provide improved services to agricultural producers and

landowners affected by programs administered by the Agency and

the Service; and

(4) achieve computer compatibility between the Agency and the

Service to maximize efficiency and savings.

(g) Savings provision

For purposes of subsections (c) through (f) of this section:

(1) A reference to the ''Consolidated Farm Service Agency''

includes any other office, agency, or administrative unit of the

Department assigned the functions authorized for the Consolidated

Farm Service Agency under this section.

(2) A reference to the ''Natural Resources Conservation

Service'' includes any other office, agency, or administrative

unit of the Department assigned the functions authorized for the

Natural Resources Conservation Service under section 6962(b) of

this title.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 226, Oct. 13, 1994, 108 Stat.

3214; Pub. L. 104-127, title I, Sec. 194(c), title III, Sec.

315(b), 336(a)(2)(C), Apr. 4, 1996, 110 Stat. 946, 985, 1005.)

-REFTEXT-

REFERENCES IN TEXT

The Food Security Act of 1985, referred to in subsecs. (b)(4) and

(d)(1), (3), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as

amended. Title XII of the Act, popularly known as the ''Sodbuster

Law'', is classified principally to chapter 58 (Sec. 3801 et seq.)

of Title 16, Conservation. Subchapter B of chapter 1 of subtitle D

of title XII of the Act is classified generally to subpart B (Sec.

3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16.

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 226 of Pub. L. 103-354. Subsec.

(h) of section 226 of Pub. L. 103-354 amended section 1981 of this

title.

-MISC3-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-127, Sec. 194(c), struck out

par. (2) which read as follows: ''General supervision of the

Federal Crop Insurance Corporation.''

Subsec. (b)(4). Pub. L. 104-127, Sec. 336(a)(2)(C), struck out

before period at end ''and the agricultural conservation program

under the Soil Conservation and Domestic Allotment Act (16 U.S.C.

590g et seq.)''.

Subsec. (d)(2). Pub. L. 104-127, Sec. 315(b), designated existing

provisions as subpar. (A), inserted heading, and added subpar. (B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6961, 6962, 6991, 6995,

7001 of this title; title 16 section 590h.

-CITE-

7 USC Sec. 6933 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER II - FARM AND FOREIGN AGRICULTURAL SERVICES

-HEAD-

Sec. 6933. Office of Risk Management

-STATUTE-

(a) Establishment

Subject to subsection (e) (FOOTNOTE 1) of this section, the

Secretary shall establish and maintain in the Department an

independent Office of Risk Management.

(FOOTNOTE 1) So in original. There is no subsection (e).

(b) Functions of Office of Risk Management

The Office of Risk Management shall have jurisdiction over the

following functions:

(1) Supervision of the Federal Crop Insurance Corporation.

(2) Administration and oversight of all aspects, including

delivery through local offices of the Department, of all programs

authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et

seq.).

(3) Any pilot or other programs involving revenue insurance,

risk management savings accounts, or the use of the futures

market to manage risk and support farm income that may be

established under the Federal Crop Insurance Act or other law.

(4) Such other functions as the Secretary considers

appropriate.

(c) Administrator

(1) Appointment

The Office of Risk Management shall be headed by an

Administrator who shall be appointed by the Secretary.

(2) Manager

The Administrator of the Office of Risk Management shall also

serve as Manager of the Federal Crop Insurance Corporation.

(d) Resources

(1) Functional coordination

Certain functions of the Office of Risk Management, such as

human resources, public affairs, and legislative affairs, may be

provided by a consolidation of such functions under the Under

Secretary of Agriculture for Farm and Foreign Agricultural

Services.

(2) Minimum provisions

Notwithstanding paragraph (1) or any other provision of law or

order of the Secretary, the Secretary shall provide the Office of

Risk Management with human and capital resources sufficient for

the Office to carry out its functions in a timely and efficient

manner.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 226A, as added Pub. L. 104-127,

title I, Sec. 194(a), Apr. 4, 1996, 110 Stat. 945.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Crop Insurance Act, referred to in subsec. (b)(2),

(3), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as

amended, which is classified generally to chapter 36 (Sec. 1501 et

seq.) of this title. For complete classification of this Act to

the Code, see section 1501 of this title and Tables.

-CITE-

7 USC SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

.

-HEAD-

SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

-CITE-

7 USC Sec. 6941 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

-HEAD-

Sec. 6941. Under Secretary of Agriculture for Rural Development

-STATUTE-

(a) Authorization

The Secretary is authorized to establish in the Department the

position of Under Secretary of Agriculture for Rural Development.

(b) Confirmation required

If the Secretary establishes the position of Under Secretary of

Agriculture for Rural Development authorized under subsection (a)

of this section, the Under Secretary shall be appointed by the

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

(c) Functions of Under Secretary

(1) Principal functions

Upon establishment, the Secretary shall delegate to the Under

Secretary of Agriculture for Rural Development those functions

under the jurisdiction of the Department that are related to

rural economic and community development.

(2) Additional functions

The Under Secretary of Agriculture for Rural Development shall

perform such other functions as may be required by law or

prescribed by the Secretary.

(d) Succession

Any official who is serving as Under Secretary of Agriculture for

Small Community and Rural Development on October 13, 1994, and who

was appointed by the President, by and with the advice and consent

of the Senate, shall not be required to be reappointed under

subsection (b) of this section to the successor position authorized

under subsection (a) of this section if the Secretary establishes

the position, and the official occupies the new position, within

180 days after October 13, 1994 (or such later date set by the

Secretary if litigation delays rapid succession).

(e) Loan approval authority

Approval authority for loans and loan guarantees in connection

with the electric and telephone loan and loan guarantee programs

authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901

et seq.) shall not be transferred to, or conditioned on review of,

a State director or other employee whose primary duty is not the

review and approval of such loans or the provision of assistance to

such borrowers.

-SOURCE-

(Pub. L. 103-354, title II, Sec. 231, Oct. 13, 1994, 108 Stat.

3218; Pub. L. 104-127, title VII, Sec. 794(a), Apr. 4, 1996, 110

Stat. 1155.)

-REFTEXT-

REFERENCES IN TEXT

The Rural Electrification Act of 1936, referred to in subsec.

(e), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which

is classified generally to chapter 31 (Sec. 901 et seq.) of this

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

section 901 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of section 231 of Pub. L. 103-354. Subsec.

(f) of section 231 of Pub. L. 103-354 amended section 5314 of Title

5, Government Organization and Employees, and repealed sections

2006f and 2211b of this title.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-127 struck out ''Economic and Community''

after ''Under Secretary of Agriculture for Rural'', wherever

appearing in section catchline and subsecs. (a) to (c).

-CITE-

7 USC Sec. 6942 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 98 - DEPARTMENT OF AGRICULTURE REORGANIZATION

SUBCHAPTER III - RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

-HEAD-

Sec. 6942. Rural Utilities Service

-STATUTE-

(a) Establishment required

The Secretary shall establish and maintain within the Department

the Rural Utilities Service and assign to the Service such

functions as the Secretary considers appropriate.

(b) Administrator

(1) Appointment

The Rural Utilities Service shall be headed by an Administrator

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

and consent of the Senate.

(2) Succession

Any official who is serving as Administrator of the Rural

Electrification Administration on October 13, 1994, and who was

appointed by the President, by and with the advice and consent of

the Senate -

(A) may be considered to be serving in the successor position

established under paragraph (1