7 U.S.C. § 6993 — Transfer of functions

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.)