7 U.S.C. § 6991 — Definitions

Page 1948 TITLE 7—AGRICULTURE § 6972 Subsec. (f)(1)(D)(iv). Pub. L. 115–334, § 12301(a)(2)(B), added cl. (iv) and struck out former cl. (iv) which read as follows: ‘‘The program providing grants for begin- ning farmer and rancher development established under section 3319f of this title.’’ Subsec. (f)(5)(B). Pub. L. 115–334, § 12411(b)(1), sub- stituted ‘‘Office of the Chief Scientist’’ for ‘‘Research, Education and Extension Office’’. 2014—Subsec. (f)(1)(C)(vi). Pub. L. 113–79, § 7111(b)(2), inserted ‘‘except for the competitive grant program under section 1433(b)’’ before period at end. Subsec. (f)(1)(D)(xi) to (xiii). Pub. L. 113–79, § 7212(b), redesignated cls. (xii) and (xiii) as (xi) and (xii), respec- tively, and struck out former cl. (xi) which read as fol- lows: ‘‘The administration and management of the Ag- ricultural Bioenergy Feedstock and Energy Efficiency Research and Extension Initiative carried out under section 5925e of this title.’’ 2008—Subsec. (a). Pub. L. 110–246, § 7511(a)(1), inserted ‘‘(referred to in this section as the ‘Under Secretary’)’’ before period at end. Subsecs. (b) to (f). Pub. L. 110–246, § 7511(a)(2), (4), added subsecs. (b) to (f) and struck out former subsecs. (b) to (d) which related to Senate confirmation, func- tions of the Under Secretary, and establishment and functions of the Cooperative State Research, Edu- cation, and Extension Service. 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. § 6972. Repealed. Pub. L. 115–334, title XII, § 12414(a)(6), Dec. 20, 2018, 132 Stat. 4981 Section, Pub. L. 103–354, title II, § 252, Oct. 13, 1994, 108 Stat. 3227, related to program staff. SUBCHAPTER VII—FOOD SAFETY § 6981. Under Secretary of Agriculture for Food Safety (a) Establishment There is established in the Department of Ag- riculture the position of Under Secretary of Ag- riculture 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. (b) Functions of Under Secretary (1) Principal functions 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. (2) Additional functions The Under Secretary of Agriculture for Food Safety shall perform such other functions and duties as may be required by law or prescribed by the Secretary. (c) Omitted (d) Technical and scientific review groups The Secretary, acting through the Under Sec- retary for Research, Education, and Economics, may, without regard to the provisions of title 5 governing appointment in the competitive serv- ice, 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 re- view 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. (Pub. L. 103–354, title II, § 261, Oct. 13, 1994, 108 Stat. 3227.) Editorial Notes CODIFICATION Section is comprised of section 261 of Pub. L. 103–354. Subsec. (c) of section 261 of Pub. L. 103–354 amended section 5314 of Title 5, Government Organization and Employees. § 6982. Conditions for implementation of alter- ations in the level of additives allowed in animal diets (a) Conditions The Food and Drug Administration shall not implement or enforce the final rule described in subsection (b) to alter the level of selenium al- lowed to be used as a supplement in animal diets unless the Commissioner of the Food and Drug Administration makes a determination that— (1) selenium additives are not essential, at levels authorized in the absence of such final rule, to maintain animal nutrition and protect animal health; (2) selenium at such levels is not safe to the animals consuming the additive; (3) selenium at such levels is not safe to in- dividuals consuming edible portions of ani- mals that receive the additive; (4) selenium at such levels does not achieve its intended effect of promoting normal growth and reproduction of livestock and poultry; and (5) the manufacture and use of selenium at such levels cannot reasonably be controlled by adherence to current good manufacturing practice requirements. (b) Final rule described The final rule referred to in subsection (a) is the final rule issued by the Food and Drug Ad- ministration and published in the Federal Reg- ister on September 13, 1993 (58 Fed. Reg. 47962), in which the Administration stayed 1987 amend- ments to the selenium food additive regulations, and any modification of such rule issued after October 13, 1994. (Pub. L. 103–354, title II, § 262, Oct. 13, 1994, 108 Stat. 3227.) SUBCHAPTER VIII—NATIONAL APPEALS DIVISION § 6991. Definitions For purposes of this subchapter: 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,