7 U.S.C. § 6992 — National Appeals Division and Director

Page 1949 TITLE 7—AGRICULTURE § 6992 (1) Adverse decision The term ‘‘adverse decision’’ means an ad- ministrative decision made by an officer, em- ployee, or committee of an agency that is ad- verse to a participant. The term includes a de- nial of equitable relief by an agency or the failure of an agency to issue a decision or oth- erwise act on the request or right of the par- ticipant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction. (2) Agency 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 of- fice, agency, or administrative unit of the Department assigned the functions author- ized for the Farm Service Agency under sec- tion 6932 of this title). (B) The Commodity Credit Corporation, with respect to domestic programs. (C) The Farmers Home Administration. (D) The Federal Crop Insurance Corpora- tion. (E) The Rural Development Administra- tion. (F) The Natural Resources Conservation Service (or other office, agency, or adminis- trative unit of the Department assigned the functions authorized for the Natural Re- sources Conservation Service under section 6936(b) of this title). (G) A State, county, or area committee es- tablished under section 590h(b)(5) of title 16. (3) Appellant The term ‘‘appellant’’ means a participant who appeals an adverse decision in accordance with this subchapter. (4) Case record The term ‘‘case record’’ means all the mate- rials maintained by the Secretary related to an adverse decision. (5) Director The term ‘‘Director’’ means the Director of the Division. (6) Division The term ‘‘Division’’ means the National Ap- peals Division established by this chapter. (7) Hearing officer The term ‘‘hearing officer’’ means an indi- vidual employed by the Division who hears and determines appeals of adverse decisions by any agency. (8) Implement The term ‘‘implement’’ refers to those ac- tions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effec- tive date of the final determination. (9) Participant The term ‘‘participant’’ shall have the meaning given that term by the Secretary by regulation. (Pub. L. 103–354, title II, § 271, Oct. 13, 1994, 108 Stat. 3228; Pub. L. 115–334, title XII, §§ 12404(b)(2), 12410(c)(2)(B), Dec. 20, 2018, 132 Stat. 4975, 4978.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed sections 1433e and 1983b of this title. This chapter, referred to in par. (6), was in the origi- nal ‘‘this title’’, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Ag- riculture Reorganization Act of 1994. For complete clas- sification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables. AMENDMENTS 2018—Par. (2)(A). Pub. L. 115–334, § 12404(b)(2), sub- stituted ‘‘Farm’’ for ‘‘Consolidated Farm’’ in two places. Par. (2)(F). Pub. L. 115–334, § 12410(c)(2)(B), substituted ‘‘section 6936(b) of this title’’ for ‘‘section 6962(b) of this title’’. § 6992. National Appeals Division and Director (a) Establishment of Division The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subchapter. (b) Director (1) Appointment The Division shall be headed by a Director, appointed by the Secretary from among per- sons who have substantial experience in prac- ticing administrative law. In considering ap- plicants for the position of Director, the Sec- retary shall consider persons currently em- ployed outside Government as well as Govern- ment employees. (2) Term and removal The Director shall serve for a 6-year term of office, and shall be eligible for reappointment. The Director shall not be subject to removal during the term of office, except for cause es- tablished in accordance with law. (3) Position classification The position of the Director may not be a position in the excepted service or filled by a noncareer appointee. (c) Direction, control, and support (1) Direction and control (A) In general Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Sec- retary or the Deputy Secretary of Agri- culture. (B) Administrative support The Division shall not receive administra- tive support (except on a reimbursable basis) from any agency other than the Office of the Secretary. (C) Prohibition on delegation The Secretary may not delegate to any other officer or employee of the Department, Page 1950 TITLE 7—AGRICULTURE § 6993 1 See References in Text note below. other than the Deputy Secretary of Agri- culture or the Director, the authority of the Secretary with respect to the Division. (2) Exception The Assistant Secretary for Administration is authorized to investigate, enforce, and im- plement 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 offi- cials. (d) Determination of appealability of agency de- cisions If an officer, employee, or committee of an agency determines that a decision is not appeal- able and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and thus appealable or is a matter of general applicability and thus not subject to ap- peal. The determination of the Director as to whether a decision is appealable shall be admin- istratively final. (e) Division personnel (1) In general The Director shall recommend to the Sec- retary persons for appointment as hearing of- ficers as are necessary for the conduct of hear- ings under section 6997 of this title. The Direc- tor shall appoint such other employees as are necessary for the administration of the Divi- sion. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this sub- chapter. Each position of the Division shall be filled by an individual who is not a political appointee. (2) Political appointee In this subsection, the term ‘‘political ap- pointee’’ means an individual occupying— (A) a position described under sections 5312 through 5316 of title 5 (relating to the Execu- tive Schedule); (B) a noncareer position in the Senior Ex- ecutive Service, as described under section 3132(a)(7) of that title; (C) a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5, Code of Fed- eral Regulations; or (D) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy- making, or policy-advocating character. (Pub. L. 103–354, title II, § 272, Oct. 13, 1994, 108 Stat. 3229; Pub. L. 113–79, title I, § 1610(a), Feb. 7, 2014, 128 Stat. 709; Pub. L. 115–334, title XII, § 12412, Dec. 20, 2018, 132 Stat. 4980.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (e), was in the original ‘‘this subtitle’’, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed sections 1433e and 1983b of this title. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334 amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Director shall appoint such hearing officers and other employees as are necessary for the administra- tion of the Division. A hearing officer or other em- ployee of the Division shall have no duties other than those that are necessary to carry out this subchapter.’’ 2014—Subsec. (c). Pub. L. 113–79 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Director shall be free from the di- rection and control of any person other than the Sec- retary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Sec- retary may not delegate to any other officer or em- ployee of the Department, other than the Director, the authority of the Secretary with respect to the Divi- sion.’’ § 6993. Transfer of functions There are transferred to the Division all func- tions exercised and all administrative appeals pending before the effective date of this sub- chapter (including all related functions of any officer or employee) of or relating to— (1) the National Appeals Division established by section 1433e(c) 1 of this title (as in effect on the day before October 13, 1994); (2) the National Appeals Division established by subsections (d) through (g) of section 1983b 1 of this title (as in effect on the day before Oc- tober 13, 1994); (3) appeals of decisions made by the Federal Crop Insurance Corporation; and (4) appeals of decisions made by the Soil Conservation Service (as in effect on the day before October 13, 1994). (Pub. L. 103–354, title II, § 273, Oct. 13, 1994, 108 Stat. 3230.) Editorial Notes REFERENCES IN TEXT The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 103–354, which was approved Oct. 13, 1994. Section 1433e of this title, referred to in par. (1), was repealed by Pub. L. 103–354, title II, § 281(b), Oct. 13, 1994, 108 Stat. 3233. Section 1983b of this title, referred to in par. (2), was repealed by Pub. L. 103–354, title II, § 281(c), Oct. 13, 1994, 108 Stat. 3233. § 6994. Notice and opportunity for hearing Not later than 10 working days after an ad- verse decision is made that affects the partici- pant, 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. (Pub. L. 103–354, title II, § 274, Oct. 13, 1994, 108 Stat. 3230.)