SUBCHAPTER IX—MISCELLANEOUS REORGANIZATION PROVISIONS
Editorial Notes
Codification
This subchapter was originally added as subtitle I of title II of
§7011. Successorship provisions relating to bargaining units and exclusive representatives
(a) Voluntary agreement
(1) In general
If the exercise of the Secretary's authority under this chapter results in changes to an existing bargaining unit that has been certified under
(2) Criteria
In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in—
(A)
(B)
(b) Effect of an agreement
(1) In general
If the affected parties reach agreement on the appropriate unit and the exclusive representative 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 certification.
(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) (disregarding
(ii) after the Secretary's exercise of authority and before certification under this section, a valid election under
(B) Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached
Nothing in
(C) Clarification
The certification of a unit under paragraph (1) shall not, for purposes of the last sentence of
(3) Delegation
(A) In general
The Federal Labor Relations Authority may delegate to any regional director (as referred to in
(B) Review
Any action taken by a regional director under subparagraph (A) shall be subject to review under the provisions of
(c) "Affected party" defined
For purposes of this section, the term "affected 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.
(
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
§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 entering into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title II of
§7013. Repealed. Pub. L. 115–334, title XII, §12414(a)(7), Dec. 20, 2018, 132 Stat. 4981
Section,
§7014. Termination of authority
(a) In general
Subject to subsection (b), the authority delegated to the Secretary by this chapter to reorganize 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 continue to carry out a function that the Secretary 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.;
(3) The authority of an agency, office, officer, or employee of the Department to continue to perform all functions delegated or assigned to the entity or person as of that termination date.
(4) The authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under
(5) The authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under
(6) The authority of the Secretary to establish in the Department, under
(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;
(B) the Office of the Chief Scientist; and
(C) the National Institute of Food and Agriculture.
(7) The authority of the Secretary to establish in the Department the Office of Advocacy and Outreach in accordance with
(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 Development, Food and Drug Administration, and Related 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.
(
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
Reorganization Plan No. 2 of 1953, referred to in subsec. (b)(2), is Reorg. Plan No. 2 of 1953, June 4, 1953, 18 F.R. 3219,
The Agricultural Act of 2014, referred to in subsec. (b)(8), is
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
The Agriculture Improvement Act of 2018, referred to in subsec. (b)(10), is
Codification
Amendments
2018—Subsec. (b)(6)(B).
Subsec. (b)(9), (10).
2014—Subsec. (b).
Subsec. (b)(8).
2008—Subsec. (b)(6).
Subsec. (b)(7).
2002—Subsec. (b)(5).
1998—Subsec. (b)(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
Effective Date of 2008 Amendment
Amendment of this section and repeal of