7 U.S.C. § 7014 — Termination of authority

Page 1955 TITLE 7—AGRICULTURE § 7014 (b) Effect of an agreement (1) In general If the affected parties reach agreement on the appropriate unit and the exclusive rep- resentative for such unit under subsection (a), the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for cer- tification. (2) Restrictions (A) Conditions requiring noncertification The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if— (i) it determines that any of the criteria referred to in subsection (a)(2) (dis- regarding section 7112(a) of title 5) have not been met; or (ii) after the Secretary’s exercise of au- thority and before certification under this section, a valid election under section 7111(b) of title 5 is held covering any em- ployees who would be included in the unit proposed for certification. (B) Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached Nothing in section 7111(f)(3) of title 5 shall prevent the holding of an election under sec- tion 7111(b) of such title that covers employ- ees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be rep- resented by any labor organization), if the election is held before the end of the 12- month period beginning on the date such unit is so certified. (C) Clarification The certification of a unit under para- graph (1) shall not, for purposes of the last sentence of section 7111(b) of title 5 or sec- tion 7111(f)(4) of such title, be treated as if it had occurred pursuant to an election. (3) Delegation (A) In general The Federal Labor Relations Authority may delegate to any regional director (as re- ferred to in section 7105(e) of title 5) its au- thority under the preceding provisions of this subsection. (B) Review Any action taken by a regional director under subparagraph (A) shall be subject to review under the provisions of section 7105(f) of title 5 in the same manner as if such ac- tion had been taken under section 7105(e) of such title, except that in the case of a deci- sion not to certify, such review shall be re- quired if application therefor is filed by an affected party within the time specified in such provisions. (c) ‘‘Affected party’’ defined For purposes of this section, the term ‘‘af- fected party’’ means— (1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and (2) the Department of Agriculture. (Pub. L. 103–354, title II, § 291, Oct. 13, 1994, 108 Stat. 3235.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (c)(1), was in the original ‘‘this title’’, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the De- partment 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. § 7012. Purchase of American-made equipment and products (a) Sense of Congress It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased using funds made available pursuant to this chapter should be American- made. (b) Notice requirement In providing financial assistance to, or enter- ing into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent prac- ticable, shall provide to such entity a notice de- scribing the statement made in subsection (a) by the Congress. (Pub. L. 103–354, title II, § 292, Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 Agri- culture Reorganization Act of 1994. For complete classi- fication of title II to the Code, see Short Title note set out under section 6901 of this title and Tables. § 7013. Repealed. Pub. L. 115–334, title XII, § 12414(a)(7), Dec. 20, 2018, 132 Stat. 4981 Section, Pub. L. 103–354, title II, § 295, Oct. 13, 1994, 108 Stat. 3238, related to proposed conforming amendments. § 7014. Termination of authority (a) In general Subject to subsection (b), the authority dele- gated to the Secretary by this chapter to reorga- nize the Department shall terminate on the date that is 2 years after October 13, 1994. (b) Functions Subsection (a) shall not affect: (1) The authority of the Secretary to con- tinue to carry out a function that the Sec- retary performs on the date that is 2 years after October 13, 1994. (2) The authority delegated to the Secretary under Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 U.S.C. 2201 note). (3) The authority of an agency, office, offi- cer, or employee of the Department to con- Page 1956 TITLE 7—AGRICULTURE § 7031 tinue to perform all functions delegated or as- signed to the entity or person as of that termi- nation date. (4) The authority of the Secretary to estab- lish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 7005 of this title. (5) The authority of the Secretary to estab- lish within the Department the position of As- sistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under section 6918 of this title. (6) The authority of the Secretary to estab- lish in the Department, under section 6971 of this title— (A) the position of Under Secretary of Ag- riculture for Research, Education, and Eco- nomics; (B) the Office of the Chief Scientist; and (C) the National Institute of Food and Ag- riculture. (7) The authority of the Secretary to estab- lish in the Department the Office of Advocacy and Outreach in accordance with section 6934 of this title. (8) The authority of the Secretary to carry out amendments made to this chapter by the Agricultural Act of 2014. (9) The authority of the Secretary to carry out the amendments made to this chapter by section 772 of the Agriculture, Rural Develop- ment, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2018. (10) The authority of the Secretary to carry out the amendments made to this chapter by the Agriculture Improvement Act of 2018. (Pub. L. 103–354, title II, § 296, Oct. 13, 1994, 108 Stat. 3238; Pub. L. 105–277, div. A, § 101(a) [title X, § 1001(4)], Oct. 21, 1998, 112 Stat. 2681, 2681–42; Pub. L. 107–171, title X, § 10704(c), May 13, 2002, 116 Stat. 518; Pub. L. 110–234, title VII, § 7511(b), title XIV, § 14013(b), May 22, 2008, 122 Stat. 1267, 1453; Pub. L. 110–246, § 4(a), title VII, § 7511(b), title XIV, § 14013(b), June 18, 2008, 122 Stat. 1664, 2028, 2215; Pub. L. 113–79, title I, § 1610(b), Feb. 7, 2014, 128 Stat. 710; Pub. L. 115–334, title XII, §§ 12411(b)(2), 12416, Dec. 20, 2018, 132 Stat. 4980, 4982.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(8)–(10), was in the original ‘‘this title’’, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the De- partment 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. Reorganization Plan No. 2 of 1953, referred to in sub- sec. (b)(2), is Reorg. Plan No. 2 of 1953, June 4, 1953, 18 F.R. 3219, 67 Stat. 633, which is set out as a note under section 2201 of this title. The Agricultural Act of 2014, referred to in subsec. (b)(8), is Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 649. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of this title and Tables. Section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018, referred to in subsec. (b)(9), is section 772 of title VII of div. A of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 397. Subsec. (a)(2) of section 772 of Pub. L. 115–141 is classified to section 6931 of this title. The remainder of section 772 of Pub. L. 115–141 is not classified to the Code. The Agriculture Improvement Act of 2018, referred to in subsec. (b)(10), is Pub. L. 115–334, Dec. 20, 2018, 132 Stat. 4490. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 9001 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 2018—Subsec. (b)(6)(B). Pub. L. 115–334, § 12411(b)(2), substituted ‘‘Office of the Chief Scientist’’ for ‘‘Re- search, Education, and Extension Office’’. Subsec. (b)(9), (10). Pub. L. 115–334, § 12416, added pars. (9) and (10). 2014—Subsec. (b). Pub. L. 113–79, § 1610(b)(2)–(4), sub- stituted ‘‘The authority’’ for ‘‘the authority’’ in pars. (1) to (7), a period for semicolon at end of pars. (1) to (5), and a period for ‘‘; or’’ at end of par. (6)(C). Pub. L. 113–79, § 1610(b)(1), substituted ‘‘affect:’’ for ‘‘affect—’’ in introductory provisions. Subsec. (b)(8). Pub. L. 113–79, § 1610(b)(5), added par. (8). 2008—Subsec. (b)(6). Pub. L. 110–246, § 7511(b), added par. (6). Subsec. (b)(7). Pub. L. 110–246, § 14013(b), added par. (7). 2002—Subsec. (b)(5). Pub. L. 107–171 added par. (5). 1998—Subsec. (b)(4). Pub. L. 105–277 added par. (4). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Office of Advocacy and Outreach deemed to be a reference to the Office of Partnerships and Public Engagement, see section 12406(a)(2) of Pub. L. 115–334, set out as a note under section 6934 of this title. 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. SUBCHAPTER X—FREEDOM TO E-FILE Editorial Notes CODIFICATION This subchapter was enacted as part of the Freedom to E-File Act, and not as part of the Department of Ag- riculture Reorganization Act of 1994 which in part com- prises this chapter. § 7031. Electronic filing and retrieval (a) In general Not later than 180 days after June 20, 2000, in accordance with subsection (c), the Secretary of Agriculture (referred to in this subchapter as the ‘‘Secretary’’) shall, to the maximum extent practicable, establish an Internet-based system that enables agricultural producers to access all forms of the agencies of the Department of Agri- culture (referred to in this subchapter as the ‘‘Department’’) specified in subsection (b). (b) Applicability The agencies referred to in subsection (a) are the following: