7 U.S.C. § 2210 — Deputy Secretary of Agriculture; appoint-

Page 1450 TITLE 7—AGRICULTURE § 2209i Pub. L. 108–447, div. A, title VII, § 736, Dec. 8, 2004, 118 Stat. 2844. Pub. L. 108–199, div. A, title VII, § 732, Jan. 23, 2004, 118 Stat. 35. Pub. L. 108–7, div. A, title VII, § 739, Feb. 20, 2003, 117 Stat. 43. § 2209i. Funding for preparation of final agency decisions regarding discrimination com- plaints On and after November 10, 2005, agencies and offices of the Department of Agriculture may utilize any available discretionary funds to cover the costs of preparing, or contracting for the preparation of, final agency decisions re- garding complaints of discrimination in employ- ment or program activities arising within such agencies and offices. (Pub. L. 109–97, title VII, § 751, Nov. 10, 2005, 119 Stat. 2156.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 108–447, div. A, title VII, § 763, Dec. 8, 2004, 118 Stat. 2847. Pub. L. 108–199, div. A, title VII, § 762, Jan. 23, 2004, 118 Stat. 39. § 2209j. Permanent debarment from participation in Department of Agriculture programs for fraud (a) In general Subject to subsection (b), the Secretary of Ag- riculture shall permanently debar an individual, organization, corporation, or other entity con- victed of a felony for knowingly defrauding the United States in connection with any program administered by the Department of Agriculture from any subsequent participation in Depart- ment of Agriculture programs. (b) Exceptions (1) Secretary determination The Secretary may reduce a debarment under subsection (a) to a period of not less than 10 years if the Secretary considers it ap- propriate. (2) Food assistance A debarment under subsection (a) shall not apply with respect to participation in domes- tic food assistance programs (as defined by the Secretary). (Pub. L. 110–234, title XIV, § 14211, May 22, 2008, 122 Stat. 1464; Pub. L. 110–246, § 4(a), title XIV, § 14211, June 18, 2008, 122 Stat. 1664, 2226.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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 a note under section 8701 of this title. § 2209k. Prohibition on payments to fossil fuel re- finers and importers (a) IN GENERAL.—The Secretary of Agriculture may not use any funds, facilities, or authorities of the Commodity Credit Corporation or the De- partment of Agriculture— (1) to provide a payment to a refiner or im- porter (as those terms are defined in section 80.2 of title 40, Code of Federal Regulations (or successor regulations)); or (2) to otherwise support, directly or indi- rectly, a refiner or importer (as so defined) in meeting any requirements under— (A) the renewable fuel program under sec- tion 7545(o) of title 42; or (B) any other provision of law that re- quires the blending of fossil fuel with renew- able fuel. (b) The exclusion in (a) shall not apply to any payments or support to producers, refiners, or importers of biofuel (as defined in section 8101 of this title). (c) MORATORIUM ON AUTHORITIES RELATING TO EXCHANGES OF AGRICULTURAL PRODUCTS FOR PE- TROLEUM PRODUCTS.—The authorities under the ninth and tenth sentences of section 714b(h) of title 15 (relating to the availability of agricul- tural products for the Secretary of Energy to ex- change for petroleum products and the terms and conditions of those exchanges, respectively) shall not be used during the 180-day period be- ginning on October 1, 2020. (Pub. L. 116–159, div. D, title VI, § 4604, Oct. 1, 2020, 134 Stat. 747.) Editorial Notes REFERENCES IN TEXT Section 8101 of this title, referred to in subsec. (b), was in the original ‘‘7 U.S.C. 8101’’ but probably should have been a reference to section 9001 of the Farm Secu- rity and Rural Investment Act of 2002, Pub. L. 107–171, which is classified to section 8101 of this title. § 2210. Deputy Secretary of Agriculture; appoint- ment There is established in the Department of Ag- riculture the position of Deputy Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Sen- ate. (Mar. 26, 1934, ch. 89, title I, 48 Stat. 467; Pub. L. 94–561, § 1(c)(1), Oct. 19, 1976, 90 Stat. 2643.) Editorial Notes CODIFICATION Provisions of this section which prescribed the basic compensation of the Under Secretary were omitted to conform to the provisions of act July 31, 1956. See sec- tion 5314 of Title 5, Government Organization and Em- ployees. Section was formerly classified to section 514a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1976—Pub. L. 94–561 substituted ‘‘Deputy Secretary of Agriculture’’ for ‘‘Under Secretary of Agriculture’’. Page 1451 TITLE 7—AGRICULTURE § 2214 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–561 effective Oct. 19, 1976, see section 5 of Pub. L. 94–561, set out as a note under section 5313 of Title 5, Government Organization and Employees. STATUS OF INCUMBENT UNDER SECRETARY OF AGRICULTURE Pub. L. 94–561, § 1(d), Oct. 19, 1976, 90 Stat. 2643, pro- vided that: ‘‘The officer occupying the position of Under Secretary of Agriculture, on the date of enact- ment of this Act [Oct. 19, 1976], may assume the duties of the Deputy Secretary of Agriculture. The individual assuming such duties shall not be required to be re- appointed by reason of the enactment of this Act.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953, Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 2211. Powers and duties of Deputy Secretary of Agriculture The Deputy Secretary of Agriculture is au- thorized to exercise the functions and perform the duties of the first assistant of the Secretary of Agriculture within the meaning of section 3345 of title 5 and shall perform such other du- ties as may be required by law or prescribed by the Secretary of Agriculture. (June 5, 1939, ch. 181, 53 Stat. 809; Pub. L. 94–561, § 1(c)(2), Oct. 19, 1976, 90 Stat. 2643.) Editorial Notes CODIFICATION ‘‘Section 3345 of title 5’’ substituted in text for ‘‘sec- tion 177 of the Revised Statutes of the United States (U.S.C., title 5, sec. 4)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 514b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1976—Pub. L. 94–561 substituted ‘‘Deputy Secretary of Agriculture’’ for Under Secretary of Agriculture. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–561 effective Oct. 19, 1976, see section 5 of Pub. L. 94–561, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 2211a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–501, title V, § 501(a), Oct. 21, 1978, 92 Stat. 1691, which related to establishment in Depart- ment of Agriculture of position of Under Secretary of Agriculture for International Affairs and Commodity Programs, was omitted in the complete revision of Pub. L. 95–501 by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. See section 5691 of this title. Statutory Notes and Related Subsidiaries REDESIGNATION OF ASSISTANT SECRETARY OF AGRI- CULTURE FOR INTERNATIONAL AFFAIRS AND COM- MODITY PROGRAMS Pub. L. 95–501, title V, § 501(c), Oct. 21, 1978, 92 Stat. 1691, which prohibited the use of the designation of ‘‘Assistant Secretary of Agriculture for International Affairs and Commodity Programs’’ after Oct. 21, 1978, was omitted in the complete revision of Pub. L. 95–501 by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. §§ 2211b to 2212c. Repealed. Pub. L. 103–354, title II, §§ 218(e)(2)–(6), 231(f)(1), Oct. 13, 1994, 108 Stat. 3213, 3219 Section 2211b, Pub. L. 96–355, § 3(a), Sept. 24, 1980, 94 Stat. 1173, authorized appointment of an Under Sec- retary of Agriculture for Small Community and Rural Development. Section 2212, acts Feb. 9, 1889, ch. 122, § 2, 25 Stat. 659; June 30, 1906, ch. 3913, 34 Stat. 670, authorized appoint- ment of an Assistant Secretary of Agriculture. Section 2212a, Pub. L. 92–419, title VI, § 604(a), Aug. 30, 1972, 86 Stat. 676, authorized appointment of an addi- tional Assistant Secretary of Agriculture. Section 2212b, Pub. L. 94–561, § 2, Oct. 19, 1976, 90 Stat. 2643, authorized appointment of an additional Assistant Secretary of Agriculture. Section 2212c, Pub. L. 97–325, § 8(a), Oct. 15, 1982, 96 Stat. 1605, authorized appointment of an additional As- sistant Secretary of Agriculture. § 2213. Omitted Editorial Notes CODIFICATION Section, acts June 5, 1952, ch. 369, ch. XI, § 1101, 66 Stat. 121; 1953 Reorg. Plan No. 2, § 3, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633; June 28, 1955, ch. 189, § 12(c)(16), 69 Stat. 182; Aug. 14, 1964, Pub. L. 88–426, title III, § 307, 78 Stat. 432, related to the position of Assistant Sec- retary of Agriculture for Administration established by section 3 of Reorg. Plan No. 2 of 1953. Section 3 of Reorg. Plan No. 2 of 1953 was repealed by Pub. L. 97–325, § 8(d), Oct. 15, 1982, 96 Stat. 1606. See section 2212c of this title. Section was formerly classified to section 517b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2214. General Counsel; appointment (a) The President shall appoint on and after July 31, 1956, by and with the advice and consent of the Senate, a General Counsel of the Depart- ment of Agriculture. (b) The existing office of General Counsel of the Department of Agriculture shall be abol- ished effective upon the appointment and quali- fication of the General Counsel provided for by subsection (a) or April 1, 1957, whichever is ear- lier. (July 31, 1956, ch. 804, title III, § 301, 70 Stat. 742.) Editorial Notes CODIFICATION Section is based on that part of section 301 of act July 31, 1956, relating to the General Counsel of the De- partment of Agriculture. That part of such section 301