§6902. Definitions — Inbound Citations
7 U.S.C. § 6902
Cited by 456 provisions in release 119-102.
Citations to §6902(1)
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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.
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(1) 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)1 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.
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(1) 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.
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(c) 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.
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(1) 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.
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(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.
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(2) the Department; or
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(3) an agency, office, officer, or employee of the Department.
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(a) 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.
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(b) 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.
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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.
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(a) The Secretary is authorized to establish in the Department the positions of—(1) Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs;(2) Assistant Secretary of Agriculture for Administration; and(3) Assistant Secretary of Agriculture for Civil Rights.
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(1) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department;
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(2) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and
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(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.
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(a) The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison.
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(4) advocate on behalf of veterans in interactions with employees of the Department;
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(6) in carrying out the duties described in paragraphs (1) through (5), consult with and provide technical assistance to any Federal agency, including the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and the Department of Labor.
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(A) Positions identified within the Department of Agriculture that are available to veterans for apprenticeships.
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(i) contact information for relevant offices in the Department of Defense, Department of Veterans Affairs, Department of Labor, and Small Business Administration;
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(1) Not later than 1 year after December 20, 2018, and annually thereafter, the Military Veterans Agricultural Liaison shall make publicly available and share broadly, including by posting on the website of the Department—(A) the report of the Military Veterans Agricultural Liaison on beginning farmer training for veterans and agricultural vocational and rehabilitation programs; and
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(2) Not later than the day before the date on which the Military Veterans Agricultural Liaison makes publicly available the information under paragraph (1), the Military Veterans Agricultural Liaison shall provide that information to the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and the Department of Labor.
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The Secretary shall establish for the Department, in the Office of the Secretary, an Office of Energy Policy and New Uses.
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(B) The Committee shall facilitate, but not supplant, government-to-government consultation between the Department of Agriculture (referred to in this subsection as the “Department”) and Indian tribes.
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(ii) Not fewer than 1 representative from the Office of Tribal Relations of the Department shall be present at each meeting of the Committee.
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(iii) The Assistant Secretary for Indian Affairs of the Department of the Interior (or a designee) shall be present at each meeting of the Committee.
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(A) identify evolving issues of relevance to Indian tribes relating to programs of the Department;
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(iii) issues relating to any Tribal consultation carried out by the Department;
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(D) discuss issues and proposals for changes to the regulations, policies, and procedures of the Department that impact Indian tribes;
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(E) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the Tribal, regional, or national level regarding the Department;
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(F) ensure that pertinent issues of the Department are brought to the attention of an Indian tribe in a timely manner so that timely feedback from an Indian tribe can be obtained; and
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(G) identify and propose solutions to any interdepartmental barrier between the Department and other Federal agencies.
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(b) The Secretary shall establish in the Department the Office of Homeland Security.
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(2) coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to homeland security, including emergency management and agriculture and food defense;
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(3) act as the primary liaison on behalf of the Department with other Federal departments and agencies in activities relating to homeland security, including emergency management and agriculture and food defense, and provide for interagency coordination and data sharing;
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(A) coordinate in the Department the gathering of information relevant to early warning and awareness of threats and risks to the food and agriculture critical infrastructure sector; and
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(7) produce a Department-wide centralized strategic coordination plan to provide a high-level perspective of the operations of the Department relating to homeland security, including emergency management and agriculture and food defense; and
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(1) The Secretary shall establish in the Department an Office of Urban Agriculture and Innovative Production.
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(C) coordinating with the agencies and officials of the Department to update relevant programs;
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(1) coordinate food loss and waste reduction efforts within the Department of Agriculture and with other Federal agencies, including the Environmental Protection Agency and the Food and Drug Administration;
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(6) measures to ensure that programs contemplated, undertaken, or funded by the Department of Agriculture do not disrupt existing food waste recovery and disposal efforts by commercial, marketing, or business relationships.
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(B) the results of the food waste reduction and loss prevention activities carried out or led by the Department of Agriculture.
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(a) The Secretary shall establish the position of Food Access Liaison to coordinate Department programs to reduce barriers to food access and monitor and evaluate the progress of such programs in accordance with this section.
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(1) coordinate the efforts of the Department, including regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers, including but not limited to participants in nutrition assistance programs;
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(3) provide outreach to entities engaged in activities to reduce barriers to food access, including retailers, markets, producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, Department programs;
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(4) raise awareness of food access issues in interactions with employees of the Department;
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(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm Production and Conservation.
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(a) The Secretary is authorized to establish and maintain in the Department a Farm Service Agency.
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(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 6936(b) of this title.
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(1) In the implementation of programs and activities assigned to the 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.
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(1) A reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under this section.
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(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 6936(b) of this title.
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(a) The Secretary shall establish and maintain in the Department an independent Office of Risk Management.
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(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.).
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(1) The Secretary shall establish within the executive operations of the Department an office to be known as the “Office of Partnerships and Public Engagement”—(A) to improve access to programs of the Department;(B) to improve the viability and profitability of—(i) small farms and ranches;(ii) beginning farmers or ranchers;(iii) socially disadvantaged farmers or ranchers;(iv) limited resource producers; and(v) veteran farmers and ranchers; and(C) to promote youth outreach.
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(A) to improve access to programs of the Department;
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(c) The duties of the Office shall be to ensure small farms and ranches, beginning farmers or ranchers, veteran farmers and ranchers, and socially disadvantaged farmers or ranchers access to, and equitable participation in, programs and services of the Department by—(1) establishing and monitoring the goals and objectives of the Department to increase participation in programs of the Department by small, beginning, socially disadvantaged, or veteran farmers or ranchers;(2) assessing the effectiveness of Department outreach programs;(3) developing and implementing a plan to coordinate outreach activities and services provided by the Department;(4) providing input to the agencies and offices on programmatic and policy decisions;(5) measuring outcomes of the programs and activities of the Department on small farms and ranches, beginning farmers or ranchers, veteran farmers or ranchers, and socially disadvantaged farmers or ranchers programs;(6) recommending new initiatives and programs to the Secretary; and(7) carrying out any other related duties that the Secretary determines to be appropriate.
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(1) establishing and monitoring the goals and objectives of the Department to increase participation in programs of the Department by small, beginning, socially disadvantaged, or veteran farmers or ranchers;
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(2) assessing the effectiveness of Department outreach programs;
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(3) developing and implementing a plan to coordinate outreach activities and services provided by the Department;
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(5) measuring outcomes of the programs and activities of the Department on small farms and ranches, beginning farmers or ranchers, veteran farmers or ranchers, and socially disadvantaged farmers or ranchers programs;
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(B) in the case of activities described in section 2279(a)1 of this title, may conduct such activities through other agencies and offices of the Department.
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(A) The Socially Disadvantaged Farmers Group may carry out other duties to improve access to, and participation in, programs of the Department by socially disadvantaged farmers or ranchers, as determined by the Secretary.
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(D) The Small Farms and Beginning Farmers and Ranchers Group may carry out other duties to improve access to, and participation in, programs of the Department by small farms and ranches and beginning farmers or ranchers, as determined by the Secretary.
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(C) Coordinating with the Department, other Federal agencies, and State and local governments to ensure that farmworker needs are assessed and met during declared disasters and other emergencies.
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(D) Consulting within the Office and with other entities to better integrate farmworker perspectives, concerns, and interests into the ongoing programs of the Department.
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(1) The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.
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(i) advise the Secretary and coordinate activities of the Department on programs, policies, and issues relating to beginning farmers and ranchers; and
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(3) Not less frequently than once each year, the National Coordinator shall distribute within the Department and make publicly available a report describing the status of steps taken to carry out the duties described in subparagraphs (A) and (B) of paragraph (2).
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(ii) have the ability to coordinate with other Federal departments and agencies.
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(2) The Secretary shall develop a training plan to provide to each State coordinator knowledge of programs and services available from the Department for beginning farmers and ranchers, taking into consideration the needs of all production types and sizes of agricultural operations.
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(A) coordinate technical assistance at the State level to assist beginning farmers and ranchers in accessing programs of the Department;
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(B) develop and submit to the National Coordinator for approval under subsection (b)(2)(A)(ii) a State plan to improve the coordination, delivery, and efficacy of programs of the Department to beginning farmers and ranchers, taking into consideration the needs of all types of production methods and sizes of agricultural operation, at each county and area office in the State;
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(a) The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator.
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(3) identify short-term and long-term interests of the Department and provide opportunities, resources, input, and coordination with programs and agencies of the Department to youth-serving organizations and school-based agricultural education, including the development of internship opportunities;
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(7) advocate on behalf of youth involved in food and agriculture organizations in interactions with employees of the Department.
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(a) The Secretary is authorized to establish and maintain within the Department a Natural Resources Conservation Service.
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(1) In the implementation of functions assigned to the Natural Resources Conservation Service, the Secretary may use interchangeably in local offices of the Service both Federal employees of the Department and non-Federal employees of county and area committees established under section 590h(b)(5) of title 16.
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(1) 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 this section.
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(2) A reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
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(a) The Secretary shall establish in the Department the position of Under Secretary of Agriculture for Rural Development.
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(1) 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.
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(b) The mission of the Coordinator shall be to direct Department of Agriculture resources to high need, high poverty rural areas.
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(a) 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.
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(c) The Secretary shall carry out through the Rural Utilities Service the following functions that are under the jurisdiction of the Department:(1) Electric and telephone loan programs and water and waste facility activities authorized by law, including—(A) the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); and(B) section 1926–11 of this title; and(2) Water and waste facility programs and activities authorized by law, including—(A) sections 1926, 1926a, 1926b,1 and 1926c of this title, the provisions of sections 1929 and 1929a of this title relating to assets, terms, and conditions of water and sewer programs, section 1932(b) of this title, and section 1013a of this title; and(B) section 2324 of the Food, Agriculture, Conservation, and Trade Act of 19901 (7 U.S.C. 1926 note).
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Business and Cooperative Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(a) The Secretary shall establish in the Department the position of Rural Health Liaison.
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(1) in consultation with the Secretary of Health and Human Services, coordinate the role of the Department with respect to rural health;
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(2) integrate across the Department the strategic planning and activities relating to rural health;
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(3) improve communication relating to rural health within the Department and between Federal agencies;
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(5) provide to stakeholders, potential grant applicants, Federal agencies, State agencies, Indian Tribes, private organizations, and academic institutions relevant data and information, including the eligibility requirements for, and availability and outcomes of, Department programs applicable to the advancement of rural health;
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(6) maintain communication with public health, medical, occupational safety, and telecommunication associations, research entities, and other stakeholders to ensure that the Department is aware of current and upcoming issues relating to rural health;
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(7) consult on programs, pilot projects, research, training, and other affairs relating to rural health at the Department and other Federal agencies;
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(9) provide technical assistance and guidance with respect to activities relating to rural health to the outreach, extension, and county offices of the Department.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Food, Nutrition, and Consumer Services those functions under the jurisdiction of the Department that are related to food, nutrition, and consumer services (except as provided in section 6981(b)(1) of this title).
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(1) The Task Force shall be responsible for evaluation and monitoring of the commodity programs to ensure that the commodity programs meet the mission of the Department—(A) to support the United States farm sector; and(B) to contribute to the health and well-being of individuals in the United States through the distribution of domestic agricultural products through commodity programs.
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(B) certified by the Community Development Financial Institution Fund of the Department of Treasury to manage the Initiative for purposes of—(i) raising private capital;(ii) providing financial and technical assistance to partnerships; and(iii) funding eligible projects to attract fresh, healthy food retailers and enterprises to underserved areas, in accordance with this section.
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(i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of Treasury; and
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Natural Resources and Environment.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Natural Resources and Environment those functions under the jurisdiction of the Department that are related to natural resources and environment (except to the extent those functions are delegated under section 6932 of this title).
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Research, Education, and Economics (referred to in this section as the “Under Secretary”).
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(1) hold the title of Chief Scientist of the Department; and
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(2) be responsible for the coordination of the research, education, and extension activities of the Department.
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(1) The Secretary shall delegate to the Under Secretary those functions and duties under the jurisdiction of the Department that relate to research, education, and economics.
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(1) The Under Secretary shall organize within the office of the Under Secretary 6 Divisions, to be known collectively as the “Office of the Chief Scientist”, which shall coordinate the research programs and activities of the Department.
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(ii) by detail, notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph, requiring reimbursement for those details unless the appropriation Act specifically refers to this subsection and specifically includes these details;
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(ii) enables personnel to interact with other agencies of the Department; and
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(iii) maximizes the ability of the Under Secretary to allow for rotations of Department personnel into the position of Division Chief.
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(ii) assist the Under Secretary in identifying and prioritizing Department-wide agricultural research, education, and extension needs, including funding;
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(iii) assess the strategic workforce needs of the research, education, and extension functions of the Department, and develop strategic workforce plans to ensure that existing and future workforce needs are met;
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(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department;
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(i) to integrate strategic program planning and evaluation functions across the programs of the Department; and
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(C) to assist the Chief Scientist in coordinating the international engagements of the Department with the Department of State and other international agencies and offices of the Federal Government; and
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(D) to oversee other duties as may be required by Federal law or Department policy.
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(ii) In addition to amounts made available under clause (i), notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph unless the appropriation Act specifically refers to this subsection and specifically includes the administration of funds under this section, the Secretary may transfer funds made available to an agency in the research, education, and economics mission area to fund the costs of Division personnel.
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(C) To the maximum extent practicable, and using the authority described in paragraph (3)(A), the Under Secretary shall rotate personnel among the Divisions, and between the Divisions and agencies of the Department, in a manner that—(i) promotes leadership and professional development;(ii) enables personnel to interact with other agencies of the Department; and(iii) provides strong staff continuity to the Office of the Chief Scientist.
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(ii) enables personnel to interact with other agencies of the Department; and
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(A) The Secretary shall establish within the Department an agency to be known as the “National Institute of Food and Agriculture”.
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(B) The Secretary shall transfer to the Institute, effective not later than October 1, 2009, the authorities (including all budget authorities, available appropriations, and personnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to the Secretary, the Department, or any other agency or official of the Department under—(i) the capacity and infrastructure programs;(ii) the competitive programs;(iii) the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and(iv) any and all other authorities administered by the Administrator of the Cooperative State Research, Education, and Extension Service.
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(a) There is established in the Department of Agriculture the position of Under Secretary of Agriculture for Food Safety. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with specialized training or significant experience in food safety or public health programs.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Food Safety those functions and duties under the jurisdiction of the Department that are primarily related to food safety.
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(1) establish such technical and scientific review groups as are needed to carry out the functions of the Department; and
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(2) The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).(B) The Commodity Credit Corporation, with respect to domestic programs.(C) The Farmers Home Administration.(D) The Federal Crop Insurance Corporation.(E) The Rural Development Administration.(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).(G) A State, county, or area committee established under section 590h(b)(5) of title 16.
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(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).
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(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).
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(a) The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
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(b) With respect to programs carried out through the Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Farm Service Agency under section 6932 of this title), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on October 13, 1994.
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(1) Not later than 180 days after the date of the enactment of this subsection, and every 180 days thereafter, the head of each agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the website of the Department, a report that includes—(A) a description of all cases returned to the agency during the period covered by the report pursuant to a final determination of the Division;(B) the status of implementation of each final determination; and(C) if the final determination has not been implemented—(i) the reason that the final determination has not been implemented; and(ii) the projected date of implementation of the final determination.
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(2) Each month, the head of each agency shall publish on the website of the Department any updates to the reports submitted under paragraph (1).
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(4) For purposes of this subsection, a reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
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(a) There is established in the Department the position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs those functions and duties under the jurisdiction of the Department that are related to trade and foreign agricultural affairs.
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(2) the Department of Agriculture.
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(a) Subject to subsection (b), the authority delegated to the Secretary by this chapter to reorganize the Department shall terminate on the date that is 2 years after October 13, 1994.
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(3) The authority of an agency, office, officer, or employee of the Department to continue to perform all functions delegated or assigned to the entity or person as of that termination date.
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(4) The authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 7005 of this title.
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(5) The authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under section 6918 of this title.
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(6) The authority of the Secretary to establish in the Department, under section 6971 of this title—(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;(B) the Office of the Chief Scientist; and(C) the National Institute of Food and Agriculture.
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(7) The authority of the Secretary to establish in the Department the Office of Advocacy and Outreach in accordance with section 6934 of this title.
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(a) Not later than 180 days after June 20, 2000, in accordance with subsection (c), the Secretary of Agriculture (referred to in this subchapter as the “Secretary”) shall, to the maximum extent practicable, establish an Internet-based system that enables agricultural producers to access all forms of the agencies of the Department of Agriculture (referred to in this subchapter as the “Department”) specified in subsection (b).
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(3) The rural development components of the Department included in the Secretary’s service center initiative regarding State and field office collocation implemented pursuant to section 6915 of this title.
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(a) Not later than 2 years after June 20, 2000, in accordance with subsection (b), the Secretary shall expand implementation of the Internet-based system established under section 7031 of this title by enabling agricultural producers to access and file all forms and, at the option of the Secretary, selected records and information of the agencies of the Department specified in section 7031(b) of this title.
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(1) to file electronically or in paper form, at the option of the agricultural producer, all forms required by agencies of the Department specified in section 7031(b) of this title;
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(2) to file electronically or in paper form, at the option of the agricultural producer, all documentation required by agencies of the Department specified in section 7031(b) of this title and determined appropriate by the Secretary; and
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(3) to access information of the Department concerning farm programs, quarterly trade, economic, and production reports, and other similar production agriculture information that is readily available to the public in paper form.
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(a) From funds made available for agencies of the Department specified in section 7031(b) of this title for information technology or information resource management, the Secretary shall reserve from those agencies’ applicable accounts a total amount equal to not more than the following:(1) For fiscal year 2001, $3,000,000.(2) For each subsequent fiscal year, $2,000,000.
Citations to §6902(2)
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(1) Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the 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.
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(6) The term “Division” means the National Appeals Division established by this chapter.
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(a) The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
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(1) the National Appeals Division established by section 1433e(c)1 of this title (as in effect on the day before October 13, 1994);
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(2) the National Appeals Division established by subsections (d) through (g) of section 1983b1 of this title (as in effect on the day before October 13, 1994);
Citations to §6902(3)
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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.
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(1) 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)1 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.
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(1) 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.
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(c) 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.
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(1) 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.
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(e) 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.
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(1) the Secretary;
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(a) 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.
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(b) 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.
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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.
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(a) The Secretary is authorized to establish in the Department the positions of—(1) Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs;(2) Assistant Secretary of Agriculture for Administration; and(3) Assistant Secretary of Agriculture for Civil Rights.
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(1) Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs;
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(2) Assistant Secretary of Agriculture for Administration; and
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(3) Assistant Secretary of Agriculture for Civil Rights.
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(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.
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(a) The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison.
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(A) Not later than 5 years after December 20, 2018, and once every 5 years thereafter, the Secretary shall conduct a study to determine if the website required under subsection (b)(5) is effective in providing veterans the information required under paragraph (1).
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(B) If the Secretary determines that the website is not effective under subparagraph (A), the Secretary shall—(i) notify the agriculture and veterans committees described in subparagraph (C) of that determination; and(ii) not earlier than 180 days after the date on which the Secretary provides notice under clause (i), terminate the website.
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(ii) not earlier than 180 days after the date on which the Secretary provides notice under clause (i), terminate the website.
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(e) In carrying out this section, the Secretary shall consult with organizations that serve veterans.
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The Secretary shall establish for the Department, in the Office of the Secretary, an Office of Energy Policy and New Uses.
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(i) 3 shall be appointed by the Secretary;
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(B) The Secretary shall accept nominations for members of the Committee from any of the following:(i) An Indian tribe.(ii) A tribal organization.(iii) A national or regional organization with expertise in issues relating to the duties of the Committee described in paragraph (4).
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(C) To the maximum extent feasible, the Secretary shall ensure that the members of the Committee represent a diverse set of expertise on issues relating to geographic regions, Indian tribes, and the agricultural industry.
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(ii) The first 3 appointments by the Secretary under paragraph (3)(A)(i) shall be for a 2-year term.
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(iii) The Assistant Secretary for Indian Affairs of the Department of the Interior (or a designee) shall be present at each meeting of the Committee.
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(B) communicate to the Secretary the issues identified under subparagraph (A);
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(C) submit to the Secretary recommendations for, and solutions to—(i) the issues identified under subparagraph (A);(ii) issues raised at the Tribal, regional, or national level; and(iii) issues relating to any Tribal consultation carried out by the Department;
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(A) Not less frequently than once each year, the Committee shall submit to the Secretary and the relevant committees of Congress a report that describes—(i) the activities of the Committee during the previous year; and(ii) recommendations for legislative or administrative action for the following year.
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(B) Not more than 45 days after the date on which the Secretary receives a report under subparagraph (A), the Secretary shall submit a written response to that report to—(i) the Committee; and(ii) the relevant committees of Congress.
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(b) The Secretary shall establish in the Department the Office of Homeland Security.
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(B) share that information with, and provide assistance with interpretation and risk characterization of that information to, the intelligence community (as defined in section 3003 of title 50), law enforcement agencies, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and State fusion centers (as defined in section 124h(j) of title 61 ;
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(8) carry out other appropriate duties, as determined by the Secretary.
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(1) The Secretary, in partnership with the intelligence community (as defined in section 3003 of title 50) and fusion centers (as defined in section 124h(j) of title 61 that have analysis and intelligence capabilities relating to the defense of the food and agriculture critical infrastructure sector, shall establish and carry out an interagency exchange program of personnel and information to improve communication and analysis for the defense of the food and agriculture critical infrastructure sector.
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(2) To carry out the program established under paragraph (1), the Secretary may—(A) enter into 1 or more cooperative agreements or contracts with Federal, State, or local authorities that have analysis and intelligence capabilities and expertise relating to the defense of the food and agriculture critical infrastructure sector; and(B) carry out any other activity under any other authority of the Secretary that is appropriate to engage the authorities described in subparagraph (A) for the defense of the food and agriculture critical infrastructure sector, as determined by the Secretary.
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(B) carry out any other activity under any other authority of the Secretary that is appropriate to engage the authorities described in subparagraph (A) for the defense of the food and agriculture critical infrastructure sector, as determined by the Secretary.
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(1) The Secretary shall establish in the Department an Office of Urban Agriculture and Innovative Production.
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(2) The Secretary shall appoint a senior official to serve as the Director of the Office of Urban Agriculture and Innovative Production (referred to in this section as the “Director”).
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(E) other innovations in agricultural production, as determined by the Secretary.
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(B) advising the Secretary;
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(1) Not later than 180 days after December 20, 2018, the Secretary shall establish an Urban Agriculture and Innovative Production Advisory Committee (referred to in this subsection as the “Committee”) to advise the Secretary on—(A) the development of policies and outreach relating to urban, indoor, and other emerging agricultural production practices; and(B) any other aspects of the implementation of this section.
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(vii) 2 shall be individuals with related experience or expertise in urban, indoor, and other emerging agriculture production practices, as determined by the Secretary.
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(B) The Secretary shall appoint the members of the Committee not later than 180 days after December 20, 2018.
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(i) 4 of the members, as determined by the Secretary, shall be appointed for a term of 3 years;
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(ii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and
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(iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year.
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(D) An initial appointee of the committee may serve an additional consecutive term if the member is reappointed by the Secretary.
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(B) Not later than 1 year after the date on which the Committee is established, and every 2 years through 2023, the Committee shall submit to the Secretary, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the recommendations developed under subparagraph (A).
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(B) Before the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods.
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(A) Not later than 1 year after December 20, 2018, the Secretary shall establish a pilot program for not fewer than 5 years that establishes 10 county committees in accordance with section 590h(b)(5)(B)(ii)(II) of title 16 to operate in counties located in urban or suburban areas with a high concentration of urban or suburban farms.
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(C) For fiscal year 2019 and each fiscal year thereafter through fiscal year 2023, the Secretary 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 a summary of—(i) the status of the pilot program under subparagraph (A);(ii) meetings and other activities of the committees established under that subparagraph; and(iii) the types and volume of assistance and services provided to farmers in counties in which county committees are established under that subparagraph.
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(A) The Secretary, acting through the Director, shall carry out pilot projects under which the Secretary shall offer to enter into cooperative agreements with local or municipal governments in not fewer than 10 States to develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans.
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(B) Under a cooperative agreement entered into under this paragraph, the Secretary shall provide assistance to municipalities, counties, local governments, or city planners, as appropriate, to carry out planning and implementing activities that will—(i) generate compost;(ii) increase access to compost for agricultural producers;(iii) reduce reliance on, and limit the use of, fertilizer;(iv) improve soil quality;(v) encourage waste management and permaculture business development;(vi) increase rainwater absorption;(vii) reduce municipal food waste; and(viii) divert food waste from landfills.
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(i) Not later than 180 days after December 20, 2018, the Secretary shall establish criteria for the selection of pilot projects under this paragraph.
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(ii) In selecting, undertaking, or funding pilot projects under this paragraph, the Secretary shall consider any commonly known significant impact on existing food waste recovery and disposal by commercial, marketing, or business relationships.
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(iii) In selecting a pilot project under this paragraph, the Secretary shall give priority to an application for a pilot project that—(I) anticipates or demonstrates economic benefits;(II) incorporates plans to make compost easily accessible to agricultural producers, including community gardeners;(III) integrates other food waste strategies, including food recovery efforts; and(IV) provides for collaboration with multiple partners.
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(E) The Secretary shall conduct an evaluation of the pilot projects funded under this paragraph to assess different solutions for increasing access to compost and reducing municipal food waste, including an evaluation of—(i) the amount of Federal funds used for each project; and(ii) a measurement of the outcomes of each project.
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(d) The Secretary shall conduct a study, in consultation with the Food Loss and Waste Reduction Liaison, to evaluate and determine—(1) methods of measuring food waste;(2) standards for the volume of food waste;(3) factors that contribute to food waste;(4) the cost and volume of food loss;(5) the effectiveness of existing liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791); and(6) measures to ensure that programs contemplated, undertaken, or funded by the Department of Agriculture do not disrupt existing food waste recovery and disposal efforts by commercial, marketing, or business relationships.
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(2) Not later than 1 year after the date of the submission of the report under paragraph (1), the Secretary 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 contains, with respect to the preceding year—(A) an estimate of the quantity of food waste during such year; and(B) the results of the food waste reduction and loss prevention activities carried out or led by the Department of Agriculture.
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(a) The Secretary shall establish the position of Food Access Liaison to coordinate Department programs to reduce barriers to food access and monitor and evaluate the progress of such programs in accordance with this section.
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(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm Production and Conservation.
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(b) If the Secretary establishes the position of Under Secretary of Agriculture for Farm Production and Conservation authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
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(d) Any official who is serving as Under Secretary of Agriculture for Farm and Foreign Agricultural Services on March 23, 2018, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a).
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(a) The Secretary is authorized to establish and maintain in the Department a Farm Service Agency.
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(b) If the Secretary establishes the Farm Service Agency under subsection (a), 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, § 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 6936(b) of this title.
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(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 6936(b) of this title.
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(c) In carrying out the programs specified in subsection (b)(4), the Secretary shall—(1) acting on the recommendations of the Farm Service Agency, with the concurrence of the Natural Resources Conservation Service, issue regulations to carry out such programs;(2) ensure that the 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.
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(1) In the implementation of programs and activities assigned to the 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.
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(f) To the maximum extent practicable, the Secretary shall collocate county offices of the 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.
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(1) Subject to paragraph (2), until the date that is two years after the date of the enactment of this Act, the Secretary of Agriculture may not close or relocate a county or field office of the Farm Service Agency.
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(1) After the period referred to in subsection (a)(1), the Secretary shall, before closing any office of the Farm Service Agency that is located more than 20 miles from another office of the Farm Service Agency, to the maximum extent practicable, first close any offices of the Farm Service Agency that—(A) are located less than 20 miles from another office of the Farm Service Agency; and(B) have two or fewer permanent full-time employees.
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(2) After the period referred to in subsection (a)(1), the Secretary of Agriculture may not close a county or field office of the Farm Service Agency unless—(A) not later than 30 days after the Secretary proposes to close such office, the Secretary holds a public meeting regarding the proposed closure in the county in which such office is located; and(B) after the public meeting referred to in subparagraph (A), but not less than 90 days before the date on which the Secretary approves the closure of such office, the Secretary notifies the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate, each Senator representing the State in which the office proposed to be closed is located, and the member of the House of Representatives who represents the Congressional district in which the office proposed to be closed is located of the proposed closure of such office.
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(B) after the public meeting referred to in subparagraph (A), but not less than 90 days before the date on which the Secretary approves the closure of such office, the Secretary notifies the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate, each Senator representing the State in which the office proposed to be closed is located, and the member of the House of Representatives who represents the Congressional district in which the office proposed to be closed is located of the proposed closure of such office.
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(a) The Secretary shall establish and maintain in the Department an independent Office of Risk Management.
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(1) The Office of Risk Management shall be headed by an Administrator who shall be appointed by the Secretary.
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(2) 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.
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(1) The Secretary shall establish within the executive operations of the Department an office to be known as the “Office of Partnerships and Public Engagement”—(A) to improve access to programs of the Department;(B) to improve the viability and profitability of—(i) small farms and ranches;(ii) beginning farmers or ranchers;(iii) socially disadvantaged farmers or ranchers;(iv) limited resource producers; and(v) veteran farmers and ranchers; and(C) to promote youth outreach.
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(2) The Office shall be headed by a Director, to be appointed by the Secretary from among the competitive service.
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(6) recommending new initiatives and programs to the Secretary; and
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(7) carrying out any other related duties that the Secretary determines to be appropriate.
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(1) The Secretary shall establish within the Office the Socially Disadvantaged Farmers Group.
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(A) The Socially Disadvantaged Farmers Group may carry out other duties to improve access to, and participation in, programs of the Department by socially disadvantaged farmers or ranchers, as determined by the Secretary.
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(1) The Secretary shall establish within the Office the Small Farms and Beginning Farmers and Ranchers Group.
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(D) The Small Farms and Beginning Farmers and Ranchers Group may carry out other duties to improve access to, and participation in, programs of the Department by small farms and ranches and beginning farmers or ranchers, as determined by the Secretary.
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(1) The Secretary shall establish within the Office the position of Farmworker Coordinator (referred to in this subsection as the “Coordinator”).
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(2) The Secretary shall delegate to the Coordinator responsibility for the following:(A) Assisting in administering the program established by section 5177a of title 42.(B) Serving as a liaison to community-based nonprofit organizations that represent and have demonstrated experience serving low-income migrant and seasonal farmworkers.(C) Coordinating with the Department, other Federal agencies, and State and local governments to ensure that farmworker needs are assessed and met during declared disasters and other emergencies.(D) Consulting within the Office and with other entities to better integrate farmworker perspectives, concerns, and interests into the ongoing programs of the Department.(E) Consulting with appropriate institutions on research, program improvements, or agricultural education opportunities that assist low-income and migrant seasonal farmworkers.(F) Assisting farmworkers in becoming agricultural producers or landowners.
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(1) The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.
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(i) advise the Secretary and coordinate activities of the Department on programs, policies, and issues relating to beginning farmers and ranchers; and
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(2) The Secretary shall develop a training plan to provide to each State coordinator knowledge of programs and services available from the Department for beginning farmers and ranchers, taking into consideration the needs of all production types and sizes of agricultural operations.
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(a) The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator.
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(a) The Secretary is authorized to establish and maintain within the Department a Natural Resources Conservation Service.
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(b) If the Secretary establishes the Natural Resources Conservation Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:(1) The Water Bank Act (16 U.S.C. 1301 et seq.).(2) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), except subchapter B of chapter 1 of subtitle D of such title [16 U.S.C. 3831 et seq.].(3) Salinity control measures under section 1592(c) of title 43.(4) The Farms for the Future Act of 1990 (7 U.S.C. 4201 note; Public Law 101–624).(5) Such other functions as the Secretary considers appropriate, except functions under 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.).
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(5) Such other functions as the Secretary considers appropriate, except functions under 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.).
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(c) In carrying out the programs specified in paragraphs (1) and (3) of subsection (b), the Secretary shall—(1) acting on the recommendations of the Natural Resources Conservation Service, with the concurrence of the Farm Service Agency, issue regulations to carry out such programs;(2) ensure that the Natural Resources Conservation Service, in establishing policies, priorities, and guidelines for each such program, does so with the concurrence of the Farm Service Agency 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.
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(1) In the implementation of functions assigned to the Natural Resources Conservation Service, the Secretary may use interchangeably in local offices of the Service both Federal employees of the Department and non-Federal employees of county and area committees established under section 590h(b)(5) of title 16.
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(1) The Secretary shall not close any field office of the Natural Resources Conservation Service unless, not later than 30 days before the date of the closure, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure.
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(2) The Secretary shall not permanently relocate any field-based employees of the Natural Resources Conservation Service or the rural development mission area if doing so would result in a field office of the Natural Resources Conservation Service or the rural development mission area with 2 or fewer employees, unless, not later than 30 days before the date of the permanent relocation, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the permanent relocation.
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(a) The Secretary shall establish in the Department the position of Under Secretary of Agriculture for Rural Development.
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(b) The Under Secretary of Agriculture for Rural Development shall be appointed by the President, by and with the advice and consent of the Senate.
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(1) 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.
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(d) 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) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession).
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(a) The Secretary of Agriculture shall establish a Coordinator for Chronically Underserved Rural Areas (in this section referred to as the “Coordinator”), to be located in the Rural Development Mission Area.
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(d) There are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012.
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(a) 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.
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(c) The Secretary shall carry out through the Rural Utilities Service the following functions that are under the jurisdiction of the Department:(1) Electric and telephone loan programs and water and waste facility activities authorized by law, including—(A) the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); and(B) section 1926–11 of this title; and(2) Water and waste facility programs and activities authorized by law, including—(A) sections 1926, 1926a, 1926b,1 and 1926c of this title, the provisions of sections 1929 and 1929a of this title relating to assets, terms, and conditions of water and sewer programs, section 1932(b) of this title, and section 1013a of this title; and(B) section 2324 of the Food, Agriculture, Conservation, and Trade Act of 19901 (7 U.S.C. 1926 note).
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(b) If the Secretary establishes the Rural Housing and Community Development Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:(1) Programs and activities under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).(2) Programs and activities that relate to rural community lending programs, including programs authorized by section 2008d of this title.
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Business and Cooperative Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(b) If the Secretary establishes the Rural Business and Cooperative Development Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:(1) Section 313 and title V of the Rural Electrification Act of 1936 (7 U.S.C. 940c and 950aa et seq.).(2) Subtitle G1 of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990.(3) Sections 306(a)(1) and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1) and 1932).(4) Section 1323 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note).(5) The Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 et seq.).
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(b) Subject to subsection (d), amounts in the Rural Development Disaster Assistance Fund shall be available to the Secretary of Agriculture, until expended, to provide additional amounts, in the form of loans, grants, loan guarantees, or cooperative agreements, for any authorized activity of agencies of the Rural Development Mission Area in areas affected by a disaster declared by the President, the Secretary of Agriculture, or the Governor of a State or Territory. The cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined in section 661a of title 2. Amounts so provided shall be in addition to any other amounts available to carry out the activity, but shall not be limited to the original form of assistance, if any. In carrying out this section, the Secretary may transfer funds into existing or new accounts as determined by the Secretary.
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(1) the Secretary of Agriculture may waive any limits on population, income, age, and duplication with respect to replacement of damaged or destroyed utilities, or cost-sharing otherwise applicable, except that, if the amounts proposed to be obligated in connection with the disaster would exceed the amount specified in subsection (h), the notification required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection;
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(3) with respect to grants authorized by 7 U.S.C. 1926(a)(19),1 the Secretary of Agriculture shall not require the applicant to demonstrate that it is unable to finance the proposed project from its own resources, or through commercial credit at reasonable rates and terms, or other funding sources without grant assistance.
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(e) The Secretary of Agriculture may transfer to the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that were appropriated before September 30, 2008, for programs and activities of the Rural Development Mission Area to respond to a disaster and were designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate.
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(f) Unless otherwise specifically provided in an appropriations Act, the Secretary of Agriculture may transfer to or within the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2009 or any subsequent fiscal year for programs and activities of the Rural Development Mission Area to respond to a disaster and are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate. A transfer of unobligated amounts with respect to a disaster may not be made under this subsection until after the end of the two-year period beginning on the date on which the amounts were originally appropriated for that disaster.
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(g) In addition to any other funds available to the Secretary of Agriculture to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Rural Development Disaster Assistance Fund for a specific disaster to cover administrative costs of Rural Development’s State and local offices in the areas affected by the disaster to carry out disaster related activities.
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(h) Amounts in the Rural Development Disaster Assistance Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a disaster until at least 15 days after the date on which the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate of the Secretary’s determination to obligate additional amounts and the reasons for the determination. The Secretary may not obligate more than 50 percent of the funds contained in the Rural Development Disaster Assistance Fund for any one disaster unless the Secretary declares that there is a specific and extreme need that additional funds must be provided in response to such disaster at time of the obligation.
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(i) The Secretary of Agriculture shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Rural Development Disaster Assistance Fund and any transactions that have affected the Fund since the previous report.
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(a) The Secretary shall establish in the Department the position of Rural Health Liaison.
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(1) in consultation with the Secretary of Health and Human Services, coordinate the role of the Department with respect to rural health;
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(8) provide expertise on rural health to support the activities of the Secretary as Chair of the Council on Rural Community Innovation and Economic Development; and
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
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(b) If the Secretary establishes the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Food, Nutrition, and Consumer Services those functions under the jurisdiction of the Department that are related to food, nutrition, and consumer services (except as provided in section 6981(b)(1) of this title).
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(d) Any official who is serving as Assistant Secretary of Agriculture for Food and Consumer Services on October 13, 1994, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession).
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(A) be appointed by the Under Secretary for Food, Nutrition, and Consumer Services; and
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(2) at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary for Marketing and Regulatory Programs;
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(3) at least 1 representative from the Farm Services Agency, who shall be appointed by the Under Secretary of Agriculture for Farm Production and Conservation; and
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(4) at least 1 representative from the Food Safety and Inspection Service, who shall be appointed by the Under Secretary for Food Safety.
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(d) Not later than 1 year after February 7, 2014, and annually thereafter, the Secretary shall submit to Congress a report that describes, for the period covered by the report—(1) the findings and recommendations of the Task Force; and(2) policies implemented for the improvement of commodity procurement programs.
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(a) The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers and enterprises to overcome the higher costs and initial barriers to entry in underserved areas.
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(C) meets such other criteria as the Secretary may establish.
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(1) The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection.
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(i) In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C).
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(B) Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements—(i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and(ii) as applicable, to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
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(i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and
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(VI) The project otherwise advances the purpose of this section, as determined by the Secretary.
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(d) There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Natural Resources and Environment.
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(b) If the Secretary establishes the position of Under Secretary of Agriculture for Natural Resources and Environment authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Natural Resources and Environment those functions under the jurisdiction of the Department that are related to natural resources and environment (except to the extent those functions are delegated under section 6932 of this title).
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(d) Any official who is serving as Assistant Secretary of Agriculture for Natural Resources and Environment on October 13, 1994, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession).
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Notwithstanding any other provision of law (including provisions of law requiring competition), the Secretary of Agriculture may on and after October 28, 2000, enter into cooperative agreements (which may provide for the acquisition of goods or services, including personal services) with a State, political subdivision, or agency thereof, a public or private agency, organization, or any other person, if the Secretary determines that the objectives of the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Natural Resources Conservation Service; and (2) all parties will contribute resources to the accomplishment of these objectives: Provided, That Commodity Credit Corporation funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Research, Education, and Economics (referred to in this section as the “Under Secretary”).
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(b) The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among distinguished scientists with specialized training or significant experience in agricultural research, education, and economics.
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(c) The Under Secretary shall—(1) hold the title of Chief Scientist of the Department; and(2) be responsible for the coordination of the research, education, and extension activities of the Department.
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(1) The Secretary shall delegate to the Under Secretary those functions and duties under the jurisdiction of the Department that relate to research, education, and economics.
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(2) The Under Secretary shall—(A) identify, address, and prioritize current and emerging agricultural research, education, and extension needs (including funding);(B) ensure that agricultural research, education, and extension programs are effectively coordinated and integrated—(i) across disciplines, agencies, and institutions; and(ii) among applicable participants, grantees, and beneficiaries;(C) promote the collaborative use of all agricultural research, education, and extension resources from the local, State, tribal, regional, national, and international levels to address priority needs; and(D) foster communication among agricultural research, education, and extension beneficiaries, including the public, to ensure the delivery of agricultural research, education, and extension knowledge.
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(1) The Under Secretary shall organize within the office of the Under Secretary 6 Divisions, to be known collectively as the “Office of the Chief Scientist”, which shall coordinate the research programs and activities of the Department.
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(A) The Under Secretary shall select a Division Chief for each Division using available personnel authority under title 5, including—(i) by term, temporary, or other appointment, without regard to—(I) the provisions of title 5 governing appointments in the competitive service;(II) the provisions of subchapter I of chapter 35 of title 5 relating to retention preference; and(III) the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates;(ii) by detail, notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph, requiring reimbursement for those details unless the appropriation Act specifically refers to this subsection and specifically includes these details;(iii) by reassignment or transfer from any other civil service position; and(iv) by an assignment under subchapter VI of chapter 33 of title 5.
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(B) To the maximum extent practicable, the Under Secretary shall select Division Chiefs under subparagraph (A) in a manner that—(i) promotes leadership and professional development;(ii) enables personnel to interact with other agencies of the Department; and(iii) maximizes the ability of the Under Secretary to allow for rotations of Department personnel into the position of Division Chief.
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(iii) maximizes the ability of the Under Secretary to allow for rotations of Department personnel into the position of Division Chief.
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(i) assist the Under Secretary in identifying and addressing emerging agricultural research, education, and extension needs;
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(ii) assist the Under Secretary in identifying and prioritizing Department-wide agricultural research, education, and extension needs, including funding;
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(v) assist the Under Secretary in preparing and implementing the roadmap for agricultural research, education, and extension, as described in section 7614a of this title; and
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(vi) perform such other duties as the Under Secretary may determine.
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(4) In addition to selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, the Under Secretary shall select personnel—(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department;(i) to integrate strategic program planning and evaluation functions across the programs of the Department; and(ii) to help prepare the annual report to Congress on the relevance and adequacy of programs under the jurisdiction of the Under Secretary;(C) to assist the Chief Scientist in coordinating the international engagements of the Department with the Department of State and other international agencies and offices of the Federal Government; and(D) to oversee other duties as may be required by Federal law or Department policy.
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(ii) to help prepare the annual report to Congress on the relevance and adequacy of programs under the jurisdiction of the Under Secretary;
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(ii) In addition to amounts made available under clause (i), notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this paragraph unless the appropriation Act specifically refers to this subsection and specifically includes the administration of funds under this section, the Secretary may transfer funds made available to an agency in the research, education, and economics mission area to fund the costs of Division personnel.
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(i) the Under Secretary shall minimize the number of full-time equivalent positions in the Divisions; and
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(C) To the maximum extent practicable, and using the authority described in paragraph (3)(A), the Under Secretary shall rotate personnel among the Divisions, and between the Divisions and agencies of the Department, in a manner that—(i) promotes leadership and professional development;(ii) enables personnel to interact with other agencies of the Department; and(iii) provides strong staff continuity to the Office of the Chief Scientist.
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(C) The term “capacity and infrastructure program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008:(i) Each program providing funding to any of the 1994 Institutions under sections 533, 534(a), and 535 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).(ii) The program established under section 536 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) providing research grants for 1994 Institutions.(iii) Each program established under subsections (b) and (c) of section 343 of this title.(iv) Each program established under the Hatch Act of 1887 (7 U.S.C. 361a et seq.).(v) Each program established under section 1417(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)).(vi) The animal health and disease research program established under subtitle E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191 et seq.)1 except for the competitive grant program under section 1433(b) [7 U.S.C. 3195(b)].(vii) Each extension program available to 1890 Institutions established under section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221).(viii) The program established under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222).(ix) The program providing grants to upgrade agricultural and food sciences facilities at 1890 Institutions established under section 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b).(x) The program providing distance education grants for insular areas established under section 1490 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362).(xi) The program providing resident instruction grants for insular areas established under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363).(xii) Each research and development and related program established under Public Law 87–788 (commonly known as the “McIntire-Stennis Cooperative Forestry Act”) (16 U.S.C. 582a et seq.).(xiii) Each program established under the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.).(xiv) Each program providing funding to Hispanic-serving agricultural colleges and universities under section 1456 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3243].(xv) The program providing capacity grants to NLGCA Institutions under section 1473F of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3319i].(xvi) Other programs that are capacity and infrastructure programs, as determined by the Secretary.
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(xvi) Other programs that are capacity and infrastructure programs, as determined by the Secretary.
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(D) The term “competitive program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008:(i) The Agriculture and Food Research Initiative established under section 3157(b) of this title.(ii) The program providing competitive grants for risk management education established under section 1524(a) of this title.(iii) The program providing community food project competitive grants established under section 2034 of this title.(iv) The beginning farmer and rancher development grant program established under subsection (d) of section 2279 of this title.(v) The program providing grants under section 1417(j) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(j)).(vi) The program providing grants for Hispanic-serving institutions established under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241).(vii) The program providing competitive grants for international agricultural science and education programs under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b).(viii) The research and extension projects carried out under section 5811 of this title.(ix) The organic agriculture research and extension initiative established under section 5925b of this title.(x) The specialty crop research initiative under section 7632 of this title.(xi) The research, extension, and education programs authorized by section 7627 of this title relating to the competitiveness, viability and sustainability of small- and medium-sized dairy, livestock, and poultry operations.(xii) Other programs that are competitive programs, as determined by the Secretary.
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(xii) Other programs that are competitive programs, as determined by the Secretary.
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(A) The Secretary shall establish within the Department an agency to be known as the “National Institute of Food and Agriculture”.
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(B) The Secretary shall transfer to the Institute, effective not later than October 1, 2009, the authorities (including all budget authorities, available appropriations, and personnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to the Secretary, the Department, or any other agency or official of the Department under—(i) the capacity and infrastructure programs;(ii) the competitive programs;(iii) the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and(iv) any and all other authorities administered by the Administrator of the Cooperative State Research, Education, and Extension Service.
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(iii) the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and
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(iii) consult regularly with the Secretary, or the designee of the Secretary, to ensure, to the maximum extent practicable, that—(I) research of the Institute is relevant to agriculture in the United States and otherwise serves the national interest; and(II) the research of the Institute supplements and enhances, and does not supplant, research conducted or funded by other Federal agencies.
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(ii) formulate and administer programs in accordance with policies adopted by the Institute, in coordination with the Under Secretary;
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(a) There is established in the Department of Agriculture the position of Under Secretary of Agriculture for Food Safety. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals with specialized training or significant experience in food safety or public health programs.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Food Safety those functions and duties under the jurisdiction of the Department that are primarily related to food safety.
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(d) The Secretary, acting through the Under Secretary for Research, Education, and Economics, may, without regard to the provisions of title 5 governing appointment in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates—(1) establish such technical and scientific review groups as are needed to carry out the functions of the Department; and(2) appoint and pay the members of the groups, except that officers and employees of the United States shall not receive additional compensation for service as a member of a group.
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(2) The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).(B) The Commodity Credit Corporation, with respect to domestic programs.(C) The Farmers Home Administration.(D) The Federal Crop Insurance Corporation.(E) The Rural Development Administration.(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).(G) A State, county, or area committee established under section 590h(b)(5) of title 16.
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(4) The term “case record” means all the materials maintained by the Secretary related to an adverse decision.
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(9) The term “participant” shall have the meaning given that term by the Secretary by regulation.
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(a) The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter.
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(1) The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees.
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(A) Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture.
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(2) The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the provisions in law, Executive order, or regulations that relate in general to competitive and excepted service positions and employment within the Division, including the position of Director, and such authority may be further delegated to subordinate officials.
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(1) The Director shall recommend to the Secretary persons for appointment as hearing officers as are necessary for the conduct of hearings under section 6997 of this title. The Director shall appoint such other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter. Each position of the Division shall be filled by an individual who is not a political appointee.
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Not later than 10 working days after an adverse decision is made that affects the participant, the Secretary shall provide the participant with written notice of such adverse decision and the rights available to the participant under this subchapter or other law for the review of such adverse decision.
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(b) With respect to programs carried out through the Farm Service Agency (or other office, agency, or administrative unit of the Department assigned to carry out the programs authorized for the Farm Service Agency under section 6932 of this title), the Secretary shall maintain the informal appeals process applicable to such programs, as in effect on October 13, 1994.
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(d) Subject to regulations issued by the Secretary, the Director shall have the authority to grant equitable relief under this section in the same manner and to the same extent as such authority is provided to the Secretary under section 7996 of this title and other laws. Notwithstanding the administrative finality of a final determination of an appeal by the Division, the Secretary shall have the authority to grant equitable or other types of relief to the appellant after an administratively final determination is issued by the Division.
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(a) The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs.
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(b) If the Secretary establishes the position of Under Secretary of Agriculture for Marketing and Regulatory Programs authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
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(d) Any official who is serving as Assistant Secretary of Agriculture for Marketing and Regulatory Programs on October 21, 1998, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 21, 1998 (or such later date set by the Secretary if litigation delays rapid succession).
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(a) There is established in the Department the position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
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(b) The Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs shall be appointed by the President, by and with the advice and consent of the Senate.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs those functions and duties under the jurisdiction of the Department that are related to trade and foreign agricultural affairs.
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(B) prescribed by the Secretary.
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(1) If the exercise of the Secretary’s authority under this chapter results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.
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(ii) after the Secretary’s exercise of authority and before certification under this section, a valid election under section 7111(b) of title 5 is held covering any employees who would be included in the unit proposed for certification.
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(1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and
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(b) In providing financial assistance to, or entering into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.
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(a) Subject to subsection (b), the authority delegated to the Secretary by this chapter to reorganize the Department shall terminate on the date that is 2 years after October 13, 1994.
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(2) The authority delegated to the Secretary under Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 U.S.C. 2201 note).
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(4) The authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 7005 of this title.
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(5) The authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under section 6918 of this title.
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(6) The authority of the Secretary to establish in the Department, under section 6971 of this title—(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;(B) the Office of the Chief Scientist; and(C) the National Institute of Food and Agriculture.
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(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;
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(7) The authority of the Secretary to establish in the Department the Office of Advocacy and Outreach in accordance with section 6934 of this title.
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(8) The authority of the Secretary to carry out amendments made to this chapter by the Agricultural Act of 2014.
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(9) The authority of the Secretary to carry out the amendments made to this chapter by section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018.
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(10) The authority of the Secretary to carry out the amendments made to this chapter by the Agriculture Improvement Act of 2018.
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(a) Not later than 180 days after June 20, 2000, in accordance with subsection (c), the Secretary of Agriculture (referred to in this subchapter as the “Secretary”) shall, to the maximum extent practicable, establish an Internet-based system that enables agricultural producers to access all forms of the agencies of the Department of Agriculture (referred to in this subchapter as the “Department”) specified in subsection (b).
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(3) The rural development components of the Department included in the Secretary’s service center initiative regarding State and field office collocation implemented pursuant to section 6915 of this title.
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(c) In carrying out subsection (a), the Secretary shall—(1) provide a method by which agricultural producers may—(A) download from the Internet the forms of the agencies specified in subsection (b); and(B) submit completed forms via electronic facsimile, mail, or similar means;(2) redesign the forms by incorporating into the forms user-friendly formats and self-help guidance materials; and(3) ensure that the agencies specified in subsection (b)—(A) use computer hardware and software that is compatible among the agencies and will operate in a common computing environment; and(B) develop common Internet user-interface locations and applications to consolidate the agencies’ news, information, and program materials.
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(d) Not later than 180 days after June 20, 2000, the Secretary shall submit to Congress a report that describes the progress made toward implementing the Internet-based system required under this section.
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(a) Not later than 2 years after June 20, 2000, in accordance with subsection (b), the Secretary shall expand implementation of the Internet-based system established under section 7031 of this title by enabling agricultural producers to access and file all forms and, at the option of the Secretary, selected records and information of the agencies of the Department specified in section 7031(b) of this title.
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(b) In carrying out subsection (a), the Secretary shall ensure that an agricultural producer is able—(1) to file electronically or in paper form, at the option of the agricultural producer, all forms required by agencies of the Department specified in section 7031(b) of this title;(2) to file electronically or in paper form, at the option of the agricultural producer, all documentation required by agencies of the Department specified in section 7031(b) of this title and determined appropriate by the Secretary; and(3) to access information of the Department concerning farm programs, quarterly trade, economic, and production reports, and other similar production agriculture information that is readily available to the public in paper form.
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(2) to file electronically or in paper form, at the option of the agricultural producer, all documentation required by agencies of the Department specified in section 7031(b) of this title and determined appropriate by the Secretary; and
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(a) From funds made available for agencies of the Department specified in section 7031(b) of this title for information technology or information resource management, the Secretary shall reserve from those agencies’ applicable accounts a total amount equal to not more than the following:(1) For fiscal year 2001, $3,000,000.(2) For each subsequent fiscal year, $2,000,000.
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(b) The Secretary shall notify Congress of the amount to be reserved under subsection (a) for a fiscal year not later than December 1 of that fiscal year.
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In carrying out this subchapter, the Secretary—
Citations to §6902(4)
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(1) 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)1 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.
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(c) 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.
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(1) 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.
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(A) any of the records, property, or personnel affected by the transfer or delegation of the function; and
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(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.
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(b) If the Secretary establishes the Farm Service Agency under subsection (a), 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, § 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 6936(b) of this title.
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(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 6936(b) of this title.
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(1) A reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under this section.
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(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 6936(b) of this title.
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(b) 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.
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(2) 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.
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(5) Such other functions as the Secretary considers appropriate, except functions under 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.).
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(1) In the implementation of functions assigned to the Natural Resources Conservation Service, the Secretary may use interchangeably in local offices of the Service both Federal employees of the Department and non-Federal employees of county and area committees established under section 590h(b)(5) of title 16.
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(1) 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 this section.
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(2) A reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
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(1) 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.
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(a) 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.
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(c) The Secretary shall carry out through the Rural Utilities Service the following functions that are under the jurisdiction of the Department:(1) Electric and telephone loan programs and water and waste facility activities authorized by law, including—(A) the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); and(B) section 1926–11 of this title; and(2) Water and waste facility programs and activities authorized by law, including—(A) sections 1926, 1926a, 1926b,1 and 1926c of this title, the provisions of sections 1929 and 1929a of this title relating to assets, terms, and conditions of water and sewer programs, section 1932(b) of this title, and section 1013a of this title; and(B) section 2324 of the Food, Agriculture, Conservation, and Trade Act of 19901 (7 U.S.C. 1926 note).
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(a) Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Business and Cooperative Development Service and to assign to the Service such functions as the Secretary considers appropriate.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Food, Nutrition, and Consumer Services those functions under the jurisdiction of the Department that are related to food, nutrition, and consumer services (except as provided in section 6981(b)(1) of this title).
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Natural Resources and Environment those functions under the jurisdiction of the Department that are related to natural resources and environment (except to the extent those functions are delegated under section 6932 of this title).
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(1) The Secretary shall delegate to the Under Secretary those functions and duties under the jurisdiction of the Department that relate to research, education, and economics.
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(iii) assess the strategic workforce needs of the research, education, and extension functions of the Department, and develop strategic workforce plans to ensure that existing and future workforce needs are met;
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(i) to integrate strategic program planning and evaluation functions across the programs of the Department; and
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(B) The Secretary shall transfer to the Institute, effective not later than October 1, 2009, the authorities (including all budget authorities, available appropriations, and personnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to the Secretary, the Department, or any other agency or official of the Department under—(i) the capacity and infrastructure programs;(ii) the competitive programs;(iii) the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and(iv) any and all other authorities administered by the Administrator of the Cooperative State Research, Education, and Extension Service.
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(iii) the research, education, economic, cooperative State research programs, cooperative extension and education programs, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Education, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Regulations (or successor regulations); and
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(A) The Director shall organize offices and functions within the Institute to administer fundamental and applied research and extension and education programs.
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(i) determine an appropriate balance between fundamental and applied research programs and functions to ensure future research needs are met; and
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(E) The Director shall ensure that the offices and functions established under subparagraph (A) are effectively coordinated for maximum efficiency.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Food Safety those functions and duties under the jurisdiction of the Department that are primarily related to food safety.
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(1) establish such technical and scientific review groups as are needed to carry out the functions of the Department; and
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(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).
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(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).
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(A) Except as provided in subparagraph (B), this subsection shall apply only with respect to functions of the Farm Service Agency or the Commodity Credit Corporation that are under the jurisdiction of a State, county, or area committee established under section 590h(b)(5) of title 16 or an employee of such a committee.
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(i) a function performed under section 2008k of this title; or
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(ii) a function performed under a conservation program administered by the Natural Resources Conservation Service.
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(4) For purposes of this subsection, a reference to the “Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title.
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(1) Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
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(1) The Secretary shall delegate to the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs those functions and duties under the jurisdiction of the Department that are related to trade and foreign agricultural affairs.
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(3) The authority of an agency, office, officer, or employee of the Department to continue to perform all functions delegated or assigned to the entity or person as of that termination date.