7 U.S.C. § 6971 — Under Secretary of Agriculture for Re-

Page 1943 TITLE 7—AGRICULTURE § 6971 § 336(a)(2)(D), (b)(2)(B), (c)(3), (d)(2), Apr. 4, 1996, 110 Stat. 1005, 1006; Pub. L. 107–171, title VIII, § 8002(c), May 13, 2002, 116 Stat. 473; Pub. L. 115–334, title XII, §§ 12404(b)(1), 12410(a)(c)(1)(A), Dec. 20, 2018, 132 Stat. 4975, 4977, 4978, was moved so as to appear at the end of subtitle B of title II of Pub. L. 103–354 by Pub. L. 115–334, title XII, § 12410(c)(1)(B), Dec. 20, 2018, 132 Stat. 4978, and editorially reclassified as section 6936 of this title. § 6962a. Cooperative agreements Notwithstanding any other provision of law (including provisions of law requiring competi- tion), the Secretary of Agriculture may on and after October 28, 2000, enter into cooperative agreements (which may provide for the acquisi- tion of goods or services, including personal services) with a State, political subdivision, or agency thereof, a public or private agency, orga- nization, or any other person, if the Secretary determines that the objectives of the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs ad- ministered by the Natural Resources Conserva- tion Service; and (2) all parties will contribute resources to the accomplishment of these objec- tives: Provided, That Commodity Credit Corpora- tion funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998. (Pub. L. 106–387, § 1(a) [title VII, § 714], Oct. 28, 2000, 114 Stat. 1549, 1549A–30.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 2001, and not as part of the Department of Agriculture Reorganization Act of 1994, which in part comprises this chapter. § 6963. Repealed. Pub. L. 115–334, title XII, § 12414(a)(5), Dec. 20, 2018, 132 Stat. 4981 Section, Pub. L. 103–354, title II, § 247, Oct. 13, 1994, 108 Stat. 3225, related to reorganization of Forest Service. SUBCHAPTER VI—RESEARCH, EDUCATION, AND ECONOMICS § 6971. Under Secretary of Agriculture for Re- search, Education, and Economics (a) Authorization The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Research, Education, and Eco- nomics (referred to in this section as the ‘‘Under Secretary’’). (b) Confirmation required The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, from among distinguished scientists with specialized training or significant experi- ence in agricultural research, education, and ec- onomics. (c) Chief Scientist The Under Secretary shall— (1) hold the title of Chief Scientist of the De- partment; and (2) be responsible for the coordination of the research, education, and extension activities of the Department. (d) Functions of Under Secretary (1) Principal function The Secretary shall delegate to the Under Secretary those functions and duties under the jurisdiction of the Department that relate to research, education, and economics. (2) Specific functions and duties The Under Secretary shall— (A) identify, address, and prioritize cur- rent and emerging agricultural research, education, and extension needs (including funding); (B) ensure that agricultural research, edu- cation, and extension programs are effec- tively coordinated and integrated— (i) across disciplines, agencies, and insti- tutions; and (ii) among applicable participants, grantees, and beneficiaries; (C) promote the collaborative use of all ag- ricultural research, education, and extension resources from the local, State, tribal, re- gional, national, and international levels to address priority needs; and (D) foster communication among agricul- tural research, education, and extension beneficiaries, including the public, to ensure the delivery of agricultural research, edu- cation, and extension knowledge. (3) Additional functions The Under Secretary shall perform such other functions and duties as may be required by law or prescribed by the Secretary. (e) Office of the Chief Scientist (1) Establishment The Under Secretary shall organize within the office of the Under Secretary 6 Divisions, to be known collectively as the ‘‘Office of the Chief Scientist’’, which shall coordinate the research programs and activities of the De- partment. (2) Division designations The Divisions within the Office of the Chief Scientist shall be as follows: (A) Renewable energy, natural resources, and environment. (B) Food safety, nutrition, and health. (C) Plant health and production and plant products. (D) Animal health and production and ani- mal products. (E) Agricultural systems and technology. (F) Agricultural economics and rural com- munities. (3) Division Chiefs (A) Selection The Under Secretary shall select a Divi- sion Chief for each Division using available personnel authority under title 5, includ- ing— (i) by term, temporary, or other appoint- ment, without regard to— (I) the provisions of title 5 governing appointments in the competitive service; Page 1944 TITLE 7—AGRICULTURE § 6971 (II) the provisions of subchapter I of chapter 35 of title 5 relating to retention preference; and (III) the provisions of chapter 51 and subchapter III of chapter 53 of title 5 re- lating to classification and General Schedule pay rates; (ii) by detail, notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this para- graph, requiring reimbursement for those details unless the appropriation Act spe- cifically refers to this subsection and spe- cifically includes these details; (iii) by reassignment or transfer from any other civil service position; and (iv) by an assignment under subchapter VI of chapter 33 of title 5. (B) Selection guidelines To the maximum extent practicable, the Under Secretary shall select Division Chiefs under subparagraph (A) in a manner that— (i) promotes leadership and professional development; (ii) enables personnel to interact with other agencies of the Department; and (iii) maximizes the ability of the Under Secretary to allow for rotations of Depart- ment personnel into the position of Divi- sion Chief. (C) Term of service Notwithstanding title 5, the maximum length of service for an individual selected as a Division Chief under clauses (i) and (iii) of subparagraph (A) shall be for not less than 3 years. (D) Qualifications To be eligible for selection as a Division Chief, an individual shall have— (i) conducted exemplary research, edu- cation, or extension in the field of agri- culture or forestry; and (ii) earned an advanced degree at an in- stitution of higher education (as defined in section 1001 of title 20). (E) Duties of Division Chiefs Except as otherwise provided in this Act, each Division Chief shall— (i) assist the Under Secretary in identi- fying and addressing emerging agricul- tural research, education, and extension needs; (ii) assist the Under Secretary in identi- fying and prioritizing Department-wide ag- ricultural research, education, and exten- sion needs, including funding; (iii) assess the strategic workforce needs of the research, education, and extension functions of the Department, and develop strategic workforce plans to ensure that existing and future workforce needs are met; (iv) communicate with research, edu- cation, and extension beneficiaries, includ- ing the public, and representatives of the research, education, and extension system, including the National Agricultural Re- search, Extension, Education, and Eco- nomics Advisory Board, to promote the benefits of agricultural research, edu- cation, and extension; (v) assist the Under Secretary in pre- paring and implementing the roadmap for agricultural research, education, and ex- tension, as described in section 7614a of this title; and (vi) perform such other duties as the Under Secretary may determine. (4) Additional leadership duties In addition to selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, the Under Secretary shall select personnel— (A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department; (B)(i) to integrate strategic program plan- ning and evaluation functions across the programs of the Department; and (ii) to help prepare the annual report to Congress on the relevance and adequacy of programs under the jurisdiction of the Under Secretary; (C) to assist the Chief Scientist in coordi- nating the international engagements of the Department with the Department of State and other international agencies and offices of the Federal Government; and (D) to oversee other duties as may be re- quired by Federal law or Department policy. (5) General administration (A) Funding (i) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to fund the costs of Division personnel. (ii) Additional funding In addition to amounts made available under clause (i), notwithstanding any Act making appropriations for the Department of Agriculture, whether enacted before, on, or after the date of enactment of this para- graph unless the appropriation Act specifi- cally refers to this subsection and specifi- cally includes the administration of funds under this section, the Secretary may transfer funds made available to an agency in the research, education, and economics mission area to fund the costs of Division personnel. (B) Limitation To the maximum extent practicable— (i) the Under Secretary shall minimize the number of full-time equivalent posi- tions in the Divisions; and (ii) at no time shall the aggregate num- ber of staff for all Divisions exceed 30 full- time equivalent positions. (C) Rotation of personnel To the maximum extent practicable, and using the authority described in paragraph (3)(A), the Under Secretary shall rotate per- sonnel among the Divisions, and between the Divisions and agencies of the Department, in a manner that— Page 1945 TITLE 7—AGRICULTURE § 6971 1 So in original. Probably should be followed by a comma. (i) promotes leadership and professional development; (ii) enables personnel to interact with other agencies of the Department; and (iii) provides strong staff continuity to the Office of the Chief Scientist. (6) Organization The Under Secretary shall integrate leader- ship functions of the national program staff of the research agencies into the Office of the Chief Scientist in such form as is required to ensure that administrative duplication does not occur. (f) National Institute of Food and Agriculture (1) Definitions In this subsection: (A) Advisory Board The term ‘‘Advisory Board’’ means the Na- tional Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the Na- tional Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123). (B) Applied research The term ‘‘applied research’’ means re- search that includes expansion of the find- ings of fundamental research to uncover practical ways in which new knowledge can be advanced to benefit individuals and soci- ety. (C) Capacity and infrastructure program The term ‘‘capacity and infrastructure program’’ means each of the following agri- cultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008: (i) Each program providing funding to any of the 1994 Institutions under sections 533, 534(a), and 535 of the Equity in Edu- cational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382). (ii) The program established under sec- tion 536 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) providing re- search grants for 1994 Institutions. (iii) Each program established under sub- sections (b) and (c) of section 343 of this title. (iv) Each program established under the Hatch Act of 1887 (7 U.S.C. 361a et seq.). (v) Each program established under sec- tion 1417(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)). (vi) The animal health and disease re- search program established under subtitle E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191 et seq.) 1 except for the com- petitive grant program under section 1433(b) [7 U.S.C. 3195(b)]. (vii) Each extension program available to 1890 Institutions established under sec- tion 1444 of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221). (viii) The program established under sec- tion 1445 of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222). (ix) The program providing grants to up- grade agricultural and food sciences facili- ties at 1890 Institutions established under section 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b). (x) The program providing distance edu- cation grants for insular areas established under section 1490 of the National Agricul- tural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362). (xi) The program providing resident in- struction grants for insular areas estab- lished under section 1491 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363). (xii) Each research and development and related program established under Public Law 87–788 (commonly known as the ‘‘McIntire-Stennis Cooperative Forestry Act’’) (16 U.S.C. 582a et seq.). (xiii) Each program established under the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.). (xiv) Each program providing funding to Hispanic-serving agricultural colleges and universities under section 1456 of the Na- tional Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3243]. (xv) The program providing capacity grants to NLGCA Institutions under sec- tion 1473F of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3319i]. (xvi) Other programs that are capacity and infrastructure programs, as deter- mined by the Secretary. (D) Competitive program The term ‘‘competitive program’’ means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conserva- tion, and Energy Act of 2008: (i) The Agriculture and Food Research Initiative established under section 3157(b) of this title. (ii) The program providing competitive grants for risk management education es- tablished under section 1524(a) of this title. (iii) The program providing community food project competitive grants estab- lished under section 2034 of this title. (iv) The beginning farmer and rancher development grant program established under subsection (d) of section 2279 of this title. (v) The program providing grants under section 1417(j) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(j)). Page 1946 TITLE 7—AGRICULTURE § 6971 (vi) The program providing grants for Hispanic-serving institutions established under section 1455 of the National Agricul- tural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241). (vii) The program providing competitive grants for international agricultural science and education programs under sec- tion 1459A of the National Agricultural Re- search, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b). (viii) The research and extension projects carried out under section 5811 of this title. (ix) The organic agriculture research and extension initiative established under sec- tion 5925b of this title. (x) The specialty crop research initiative under section 7632 of this title. (xi) The research, extension, and edu- cation programs authorized by section 7627 of this title relating to the competitive- ness, viability and sustainability of small- and medium-sized dairy, livestock, and poultry operations. (xii) Other programs that are competi- tive programs, as determined by the Sec- retary. (E) Director The term ‘‘Director’’ means the Director of the Institute. (F) Fundamental research The term ‘‘fundamental research’’ means research that— (i) increases knowledge or understanding of the fundamental aspects of phenomena and has the potential for broad applica- tion; and (ii) has an effect on agriculture, food, nu- trition, or the environment. (G) Institute The term ‘‘Institute’’ means the National Institute of Food and Agriculture estab- lished by paragraph (2)(A). (2) Establishment of National Institute of Food and Agriculture (A) Establishment The Secretary shall establish within the Department an agency to be known as the ‘‘National Institute of Food and Agri- culture’’. (B) Transfer of authorities The Secretary shall transfer to the Insti- tute, effective not later than October 1, 2009, the authorities (including all budget au- thorities, available appropriations, and per- sonnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to the Secretary, the Department, or any other agency or offi- cial of the Department under— (i) the capacity and infrastructure pro- grams; (ii) the competitive programs; (iii) the research, education, economic, cooperative State research programs, co- operative extension and education pro- grams, international programs, and other functions and authorities delegated by the Under Secretary to the Administrator of the Cooperative State Research, Edu- cation, and Extension Service pursuant to section 2.66 of title 7, Code of Federal Reg- ulations (or successor regulations); and (iv) any and all other authorities admin- istered by the Administrator of the Coop- erative State Research, Education, and Ex- tension Service. (3) Director (A) In general The Institute shall be headed by a Direc- tor, who shall be an individual who is— (i) a distinguished scientist; and (ii) appointed by the President. (B) Supervision The Director shall report directly to the Secretary, or the designee of the Secretary. (C) Functions of the Director The Director shall— (i) serve for a 6-year term, subject to re- appointment for an additional 6-year term; (ii) periodically report to the Secretary, or the designee of the Secretary, with re- spect to activities carried out by the Insti- tute; and (iii) consult regularly with the Sec- retary, or the designee of the Secretary, to ensure, to the maximum extent prac- ticable, that— (I) research of the Institute is relevant to agriculture in the United States and otherwise serves the national interest; and (II) the research of the Institute sup- plements and enhances, and does not supplant, research conducted or funded by other Federal agencies. (D) Compensation The Director shall receive basic pay at a rate not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5, except that the certification requirement in that subsection shall not apply to the compensation of the Director. (E) Authority and responsibilities of Director Except as otherwise specifically provided in this subsection, the Director shall— (i) exercise all of the authority provided to the Institute by this subsection; (ii) formulate and administer programs in accordance with policies adopted by the Institute, in coordination with the Under Secretary; (iii) establish offices within the Insti- tute; (iv) establish procedures for the provi- sion and administration of grants by the Institute; and (v) consult regularly with the Advisory Board. (4) Regulations The Institute shall have such authority as is necessary to carry out this subsection, includ- Page 1947 TITLE 7—AGRICULTURE § 6971 ing the authority to promulgate such regula- tions as the Institute considers to be nec- essary for governance of operations, organiza- tion, and personnel. (5) Administration (A) In general The Director shall organize offices and functions within the Institute to administer fundamental and applied research and exten- sion and education programs. (B) Research priorities The Director shall ensure the research pri- orities established by the Under Secretary through the Office of the Chief Scientist are carried out by the offices and functions of the Institute, where applicable. (C) Fundamental and applied research The Director shall— (i) determine an appropriate balance be- tween fundamental and applied research programs and functions to ensure future research needs are met; and (ii) designate staff, as appropriate, to as- sist in carrying out this subparagraph. (D) Competitively funded awards The Director shall— (i) promote the use and growth of grants awarded through a competitive process; and (ii) designate staff, as appropriate, to as- sist in carrying out this subparagraph. (E) Coordination The Director shall ensure that the offices and functions established under subpara- graph (A) are effectively coordinated for maximum efficiency. (6) Funding (A) In general In addition to funds otherwise appro- priated to carry out each program adminis- tered by the Institute, there are authorized to be appropriated such sums as are nec- essary to carry out this subsection for each fiscal year. (B) Allocation Funding made available under subpara- graph (A) shall be allocated according to rec- ommendations contained in the roadmap de- scribed in section 7614a of this title. (Pub. L. 103–354, title II, § 251, Oct. 13, 1994, 108 Stat. 3226; Pub. L. 110–234, title VII, § 7511(a), May 22, 2008, 122 Stat. 1259; Pub. L. 110–246, § 4(a), title VII, § 7511(a), June 18, 2008, 122 Stat. 1664, 2021; Pub. L. 113–79, title VII, §§ 7111(b)(2), 7212(b), Feb. 7, 2014, 128 Stat. 874, 886; Pub. L. 115–334, title XI, § 11125(b), title XII, §§ 12301(a)(2)(B), 12411(a), (b)(1), Dec. 20, 2018, 132 Stat. 4936, 4950, 4978, 4979.) Editorial Notes REFERENCES IN TEXT The date of enactment of this paragraph and the date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsecs. (e)(3)(A)(ii), (5)(A)(ii), and (f)(1)(C), (D), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. This Act, referred to in subsec. (e)(3)(E), is Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3178, known as the Fed- eral Crop Insurance Reform and Department of Agri- culture Reorganization Act of 1994. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Hatch Act of 1887, referred to in subsec. (f)(1)(C)(iv), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 361a of this title and Tables. The National Agricultural Research, Extension, and Teaching Policy Act of 1977, referred to in subsec. (f)(1)(C)(vi), is title XIV of Pub. L. 95–113, Sept. 29, 1977, 91 Stat. 913. Subtitle E of the Act is classified generally to subchapter V (§ 3191 et seq.) of chapter 64 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Public Law 87–788, referred to in subsec. (f)(1)(C)(xii), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the ‘‘McIntire-Stennis Act of 1962’’ and also as the ‘‘McIntire-Stennis Cooperative Forestry Act’’, which is classified generally to subchapter III (§ 582a et seq.) of chapter 3 of Title 16, Conservation. For com- plete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Ta- bles. The Renewable Resources Extension Act of 1978, re- ferred to in subsec. (f)(1)(C)(xiii), is Pub. L. 95–306, June 30, 1978, 92 Stat. 349, which is classified generally to subchapter III (§ 1671 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1978 Amendments note set out under section 1600 of Title 16 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. Section is comprised of section 251 of Pub. L. 103–354. Subsec. (g), formerly (e), of section 251 of Pub. L. 103–354, as redesignated by Pub. L. 110–246, § 7511(a)(3), amended section 5314 of Title 5, Government Organiza- tion and Employees. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334, § 12411(a)(1), sub- stituted ‘‘Office of the Chief Scientist’’ for ‘‘Research, Education, and Extension Office’’ in heading. Subsec. (e)(1). Pub. L. 115–334, § 12411(a)(2), substituted ‘‘Office of the Chief Scientist’’ for ‘‘Research, Edu- cation, and Extension Office’’. Subsec. (e)(2). Pub. L. 115–334, § 12411(a)(3), substituted ‘‘Office of the Chief Scientist’’ for ‘‘Research, Edu- cation, and Extension Office’’ in introductory provi- sions. Subsec. (e)(3)(C). Pub. L. 115–334, § 12411(a)(4), sub- stituted ‘‘clauses (i) and (iii) of subparagraph (A) shall be for not less than 3 years’’ for ‘‘subparagraph (A) shall not exceed 4 years’’. Subsec. (e)(4). Pub. L. 115–334, § 12411(a)(6), added par. (4). Former par. (4) redesignated (5). Subsec. (e)(5). Pub. L. 115–334, § 12411(a)(5), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (e)(5)(A). Pub. L. 115–334, § 12411(a)(7)(A), des- ignated existing provisions as cl. (ii), inserted heading, substituted ‘‘In addition to amounts made available under clause (i), notwithstanding’’ for ‘‘Notwith- standing’’, and added cl. (i). Subsec. (e)(5)(C)(iii). Pub. L. 115–334, § 12411(a)(7)(B), added cl. (iii). Subsec. (e)(6). Pub. L. 115–334, § 12411(a)(5), (8), redesig- nated par. (5) as (6) and substituted ‘‘Office of the Chief Scientist’’ for ‘‘Research, Education, and Extension Of- fice’’. Subsec. (f)(1)(D)(ii). Pub. L. 115–334, § 11125(b), sub- stituted ‘‘section 1524(a) of this title’’ for ‘‘section 1524(a)(3) of this title’’. 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: