7 U.S.C. § 2279c — Student internship programs

Page 1487 TITLE 7—AGRICULTURE § 2279c Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title X, § 10705(c), May 13, 2002, 116 Stat. 519, provided that: ‘‘The amendments made by this section [amending this section and repealing sec- tion 5922 of this title] take effect on October 1, 2002.’’ PROCUREMENT PROCEDURES Pub. L. 110–234, title XIV, § 14213(b), May 22, 2008, 122 Stat. 1466, and Pub. L. 110–246, § 4(a), title XIV, § 14213(b), June 18, 2008, 122 Stat. 1664, 2228, provided that: ‘‘Notwithstanding the amendments made by sub- section (a) [amending this section], effective on the date of the enactment of this Act [June 18, 2008], the Graduate School of the Department of Agriculture shall be subject to Federal procurement laws and regu- lations in the same manner and subject to the same re- quirements as a private entity providing services to the Federal Government.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] § 2279c. Student internship programs (a) Student intern subsistence program (1) ‘‘Student intern’’ defined In this subsection, the term ‘‘student in- tern’’ means a person who— (A) is employed by the Department of Ag- riculture (referred to in this section as the ‘‘Department’’) to assist scientific, profes- sional, administrative, or technical employ- ees of the Department; and (B) is a student in good standing at an in- stitution of higher education (as defined in section 1001 of title 20) pursuing a course of study related to the field in which the per- son is employed by the Department. (2) Payment of certain expenses by the Sec- retary The Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) may, out of user fee funds or funds appropriated to any agency of the Department, pay for lodging ex- penses, subsistence expenses, and transpor- tation expenses of a student intern at the agency (including expenses of transportation to and from the student intern’s residence at or near the institution of higher education at- tended by the student intern and the official duty station at which the student intern is employed). (b) Cooperation with associations of colleges and universities (1) Authority to cooperate Notwithstanding chapter 63 of title 31, the Secretary may enter into cooperative agree- ments on an annual basis with 1 or more asso- ciations of institutions of higher education (as defined in section 1001 of title 20) for the pur- pose of providing for Department participation in internship programs for graduate and un- dergraduate students who are selected by the associations from students attending member institutions of the associations and other in- stitutions of higher education. (2) Internship program An internship program supported under this subsection (referred to in this subsection as an ‘‘internship program’’) shall provide work as- signments for students within the Department and such other activities as the association that enters into the cooperative agreement under paragraph (1) with respect to the intern- ship program (referred to in this subsection as the ‘‘cooperating association’’) and the Sec- retary shall determine. The nature of Depart- ment participation in an internship program shall be developed jointly by the Secretary and the cooperating association. (3) Program coordination The cooperating association shall coordinate an internship program, including— (A) the recruitment of students; (B) arrangements for travel of the students to Washington, District of Columbia, and to agency field locations; (C) the provision of housing for students, if required; and (D) all activities for the students that take place outside the Department work assign- ments of the students. (4) Number and selection of students (A) Number A cooperative agreement entered into under paragraph (1) shall specify the number of students that the Department will host each year and a list of work assignments to be provided for the students. (B) Selection The cooperating association shall provide the Department with a pool of student can- didates meeting the requirements for each work assignment identified by the Sec- retary. Final selection of the students for Department internship positions shall be made by the Secretary. (5) Cost reimbursement From such amounts as the Secretary deter- mines are available each fiscal year for intern- ship programs, and subject to such regulations as the Secretary may issue, the Secretary may reimburse a cooperating association for the Department share of all direct and indirect costs of an internship program, including stu- dent stipends, transportation costs to the in- ternship site, and other costs of an internship program. (6) Lead agency The Secretary may designate a lead agency within the Department to carry out this sub- section. (7) Interagency agreements Agencies and offices within the Department other than the lead agency— (A) may enter into interagency agree- ments with the lead agency to provide work assignments for students participating in an internship program; and Page 1488 TITLE 7—AGRICULTURE § 2279d (B) shall reimburse the lead agency for the direct and indirect costs of each student as- signed to the agency under an internship program. (8) Federal employee status A student who participates in an internship program shall not be considered a Federal em- ployee, except for purposes of chapter 81 of title 5, and chapter 171 of title 28. (Pub. L. 104–127, title IX, § 922, Apr. 4, 1996, 110 Stat. 1193; Pub. L. 105–244, title I, § 102(a)(1)(A), Oct. 7, 1998, 112 Stat. 1617.) Editorial Notes AMENDMENTS 1998—Subsecs. (a)(1)(B), (b)(1). Pub. L. 105–244 sub- stituted ‘‘section 1001 of title 20)’’ for ‘‘section 1141 of title 20)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. § 2279d. Compensatory damages in claims under Rehabilitation Act of 1973 In any claim brought under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] and filed with the Secretary of Agriculture after January 1994 resulting in a finding that a farmer was sub- jected to discrimination under any farm loan program or activity conducted by the United States Department of Agriculture in violation of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of Agriculture shall be liable for compensatory damages. Such liability shall apply to any administrative action brought before October 21, 1998, but only if the action is brought within the applicable statute of limitations and the complainant sought or seeks compensatory damages while the action is pending. (Pub. L. 105–277, div. A, § 101(a) [title VII, § 742], Oct. 21, 1998, 112 Stat. 2681, 2681–31.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is clas- sified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. § 2279e. Civil penalty (a) In general Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000. (b) Factors in determining civil penalty In determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense. (c) Settlement of civil penalties The Secretary concerned may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section. (d) Finality of orders (1) In general The order of the Secretary concerned assess- ing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the order of the Secretary con- cerned may not be reviewed in an action to collect the civil penalty. (2) Interest Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judg- ments of the courts of the United States. (e) Secretary concerned defined In this section and section 2279f of this title, the term ‘‘Secretary concerned’’ means— (1) the Secretary of Agriculture, with re- spect to an animal used for purposes of official inspections by the Department of Agriculture; and (2) the Secretary of Homeland Security, with respect to an animal used for purposes of offi- cial inspections by the Department of Home- land Security. (Pub. L. 106–224, title V, § 501, June 20, 2000, 114 Stat. 455; Pub. L. 107–296, title IV, § 421(h), Nov. 25, 2002, 116 Stat. 2184.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296, § 421(h)(1), inserted ‘‘or the Department of Homeland Security’’ after ‘‘De- partment of Agriculture’’ and ‘‘or the Secretary of Homeland Security’’ after ‘‘Secretary of Agriculture’’. Subsecs. (b) to (d)(1). Pub. L. 107–296, § 421(h)(2), sub- stituted ‘‘Secretary concerned’’ for ‘‘Secretary’’ wher- ever appearing. Subsec. (e). Pub. L. 107–296, § 421(h)(3), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. § 2279f. Subpoena authority (a) In general The Secretary concerned shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the enforcement of section 2279e of this title or any matter under investiga- tion in connection with this section and section 2279e of this title. (b) Location of production The attendance of any witness and the produc- tion of documentary evidence may be required