7 U.S.C. § 6918 — Assistant Secretaries of Agriculture

Page 1918 TITLE 7—AGRICULTURE §§ 6913, 6914 partment made or authorized by this chapter, the Secretary may transfer within the Depart- ment— (A) any of the records, property, or per- sonnel 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 ap- propriations, allocations, or other funds of the Department. (2) Applicable law relating to funds transfer Section 1531 of title 31 shall apply to any transfer of funds under paragraph (1). (e) Exhaustion of administrative appeals Notwithstanding any other provision of law, a person shall exhaust all administrative appeal procedures established by the Secretary or re- quired by law before the person may bring an ac- tion in a court of competent jurisdiction against— (1) the Secretary; (2) the Department; or (3) an agency, office, officer, or employee of the Department. (Pub. L. 103–354, title II, § 212, Oct. 13, 1994, 108 Stat. 3210; Pub. L. 110–234, title VII, § 7511(c)(27), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(27), June 18, 2008, 122 Stat. 1664, 2031.) Editorial Notes REFERENCES IN TEXT Section 6911 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 115–334, title XII, § 12414(a)(1), Dec. 20, 2018, 132 Stat. 4981. This chapter, referred to in subsecs. (b)(2), (c), and (d)(1), was in the original ‘‘this title’’, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (a)(2)(A). Pub. L. 110–246, § 7511(c)(27), substituted ‘‘6971(f),’’ for ‘‘6971(d),’’. 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(27) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. §§ 6913, 6914. Repealed. Pub. L. 115–334, title XII, § 12414(a)(2), (3), Dec. 20, 2018, 132 Stat. 4981 Section 6913, Pub. L. 103–354, title II, § 213, Oct. 13, 1994, 108 Stat. 3211, related to reductions in number of Department personnel. Section 6914, Pub. L. 103–354, title II, § 214, Oct. 13, 1994, 108 Stat. 3211, related to consolidation of head- quarters offices. § 6915. Combination of field offices (a) Combination of offices required Where practicable and to the extent consistent with efficient, effective, and improved service, the Secretary shall combine field offices of agencies within the Department to reduce per- sonnel and duplicative overhead expenses. (b) Joint use of resources and offices required When two or more agencies of the Department share a common field office, the Secretary shall require the agencies to jointly use office space, equipment, office supplies, administrative per- sonnel, and clerical personnel associated with that field office. (Pub. L. 103–354, title II, § 215, Oct. 13, 1994, 108 Stat. 3211.) § 6916. Improvement of information sharing Whenever the Secretary procures or uses com- puter systems, as may be provided for in ad- vance in appropriations Acts, the Secretary shall do so in a manner that enhances efficiency, productivity, and client services and is con- sistent with the goal of promoting computer in- formation sharing among agencies of the De- partment. (Pub. L. 103–354, title II, § 216, Oct. 13, 1994, 108 Stat. 3212.) § 6917. Repealed. Pub. L. 115–334, title XII, § 12414(a)(4), Dec. 20, 2018, 132 Stat. 4981 Section, Pub. L. 103–354, title II, § 217, Oct. 13, 1994, 108 Stat. 3212, related to reports by Secretary. § 6918. Assistant Secretaries of Agriculture (a) Authorization The Secretary is authorized to establish in the Department the positions of— (1) Assistant Secretary of Agriculture for Congressional Relations and Intergovern- mental Affairs; (2) Assistant Secretary of Agriculture for Administration; and (3) Assistant Secretary of Agriculture for Civil Rights. (b) Confirmation required If the Secretary establishes any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a), the Assistant Sec- retary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties of Assistant Secretary of Agriculture for Civil Rights The Secretary may delegate to the Assistant Secretary for Civil Rights responsibility for— (1) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (2) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (3) ensuring that necessary and appropriate civil rights components are properly incor- Page 1919 TITLE 7—AGRICULTURE § 6919 porated into all strategic planning initiatives of the Department and agencies of the Depart- ment. (Pub. L. 103–354, title II, § 218, Oct. 13, 1994, 108 Stat. 3212; Pub. L. 105–277, div. A, § 101(a) [title X, § 1001(1)], Oct. 21, 1998, 112 Stat. 2681, 2681–41; Pub. L. 107–171, title X, § 10704(a), May 13, 2002, 116 Stat. 518; Pub. L. 112–166, § 2(a)(1), Aug. 10, 2012, 126 Stat. 1283; Pub. L. 115–334, title XII, §§ 12401(a), 12415(b)(1), Dec. 20, 2018, 132 Stat. 4971, 4981.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 12401(a), sub- stituted ‘‘Relations and Intergovernmental Affairs’’ for ‘‘Relations’’. Subsecs. (c), (d). Pub. L. 115–334, § 12415(b)(1), amended this section, as in effect on the day before the effective date of the amendments made by section 2(a)(1) of Pub. L. 112–166, by redesignating subsec. (d) as (c) and strik- ing out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘Any official who is serving as Assistant Secretary of Agriculture for Administra- tion or Assistant Secretary of Agriculture for Congres- sional Relations on October 13, 1994, and who was ap- pointed as such Assistant Secretary by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) of this section to the successor position authorized under subsection (a) of this section if the Secretary es- tablishes 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).’’ See 2012 Amendment note and Effective Date of 2012 Amendment note below. 2012—Subsec. (b). Pub. L. 112–166, § 2(a)(1)(A), sub- stituted ‘‘paragraph (1) or (3) of subsection (a)’’ for ‘‘subsection (a)’’. Subsecs. (c), (d). Pub. L. 112–166, § 2(a)(1)(B), (C), which directed that subsec. (b) be amended by striking out subsec. (c) and redesignating subsec. (d) as (c), was exe- cuted by making the amendment to the entire section, striking out subsec. (c) and redesignating subsec. (d) as (c), to reflect the probable intent of Congress. Prior to amendment, text of subsec. (c) read as follows: ‘‘Any of- ficial who is serving as Assistant Secretary of Agri- culture for Administration or Assistant Secretary of Agriculture for Congressional Relations on October 13, 1994, and who was appointed as such Assistant Sec- retary by the President, by and with the advice and consent of the Senate, shall not be required to be re- appointed under subsection (b) of this section to the successor position authorized under subsection (a) of this section if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession).’’ 2002—Subsec. (a)(3). Pub. L. 107–171, § 10704(a)(1), added par. (3). Subsecs. (d), (e). Pub. L. 107–171, § 10704(a)(2), added subsec. (d) and struck out former subsecs. (d) and (e), which amended section 5315 of Title 5, Government Or- ganization and Employees, and section 3128 of this title and repealed sections 2212 to 2212c of this title and sec- tion 2 of Reorg. Plan No. 2 of 1953, set out as a note under section 2201 of this title. 1998—Subsec. (a). Pub. L. 105–277 inserted ‘‘and’’ at end of par. (1), substituted a period for ‘‘; and’’ at end of par. (2), and struck out par. (3) which read as follows: ‘‘Assistant Secretary of Agriculture for Marketing and Regulatory Programs.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title XII, § 12415(b)(2), Dec. 20, 2018, 132 Stat. 4981, provided that: ‘‘The amendments made by paragraph (1) [amending this section] take effect on the effective date described in section 6(a) of the Presi- dential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1295) [see Effective Date of 2012 Amendment note below].’’ EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. SUCCESSION OF ASSISTANT SECRETARY OF AGRICULTURE FOR CONGRESSIONAL RELATIONS Pub. L. 115–334, title XII, § 12401(b), Dec. 20, 2018, 132 Stat. 4971, provided that: ‘‘Any official who is serving as the Assistant Secretary of Agriculture for Congres- sional Relations on the date of enactment of this Act [Dec. 20, 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 as a result of the change made to the name of that position under the amendment made by subsection (a) [amending this sec- tion].’’ § 6919. Military Veterans Agricultural Liaison (a) Authorization The Secretary shall establish in the Depart- ment the position of Military Veterans Agricul- tural Liaison. (b) Duties The Military Veterans Agricultural Liaison shall— (1) provide information to returning vet- erans about, and connect returning veterans with, beginning farmer training and agricul- tural vocational and rehabilitation programs appropriate to the needs and interests of re- turning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; (2) provide information to veterans con- cerning the availability of, and eligibility re- quirements for, participation in agricultural programs, with particular emphasis on begin- ning farmer and rancher programs; (3) serve as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; (4) advocate on behalf of veterans in inter- actions with employees of the Department; (5) establish and periodically update the website described in subsection (d); and (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. (c) Contracts and cooperative agreements For purposes of carrying out the duties under subsection (b), the Military Veterans Agricul- tural Liaison may enter into contracts or coop- erative agreements with the research centers of the Agricultural Research Service, institutions of higher education (as defined in section 1001 of title 20), or nonprofit organizations for—