16 U.S.C. § 3851 | Experienced services program

(a)

Establishment and purpose

The Secretary shall establish an experienced services program (referred to in this section as the “program”) for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide—

(1)

technical services in support of the conservation-related programs and authorities carried out by the Secretary, including conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices; and

(2)

technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including—

(A)

supporting agricultural research and information;

(B)

advancing scientific knowledge relating to agriculture;

(C)

enhancing access to agricultural information;

(D)

providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and

(E)

section 3103 of this title assisting research, education, and extension programs in land-grant colleges and universities (as defined in ).

(b)

Program agreements

(1)

Relation to older American community service employment program

42 U.S.C. 3056Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act ( et seq.) to secure participants for the program who will provide technical, professional, or administrative services, as applicable, under the program.

(2)

Required determination

Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—

(A)

result in the displacement of individuals employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;

(B)

result in the use of an individual under the program for a job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or

(C)

affect existing contracts for services.

(c)

Funding source

(1)

Conservation technical services

Except as provided in paragraph (2), with respect to subsection (a)(1), the Secretary may carry out the program using funds made available to carry out each program under this chapter.

(2)

Exclusion

Funds made available to carry out the conservation reserve program may not be used to carry out the program.

(3)

Research, education, and economics services

With respect to services referred to in subsection (a)(2), the Secretary may carry out the program under the mission area referred to in such subsection to the extent that funds are specifically appropriated to provide such services under such mission area.

(d)

Liability

An individual providing technical, professional, or administrative services, as applicable, under the program is deemed to be an employee of the United States Government for purposes of chapter 171 of title 28 if the individual—

(1)

is providing technical, professional, or administrative services, as applicable, pursuant to an agreement entered into under subsection (b); and

(2)

is acting within the scope of the agreement.

Pub. L. 99–198, title XII, § 1252 Pub. L. 110–234, title II, § 2710May 22, 2008122 Stat. 1082 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 113–79, title II, § 2504Feb. 7, 2014128 Stat. 752 Pub. L. 115–334, title VII, § 7611Dec. 20, 2018132 Stat. 4830(, as added , , , and , title II, § 2710, , , 1810; amended , , ; , , .)

Editorial Notes

References in Text

Pub. L. 89–73 Pub. L. 109–365, title V, § 501Oct. 17, 2006120 Stat. 2563 section 3001 of Title 42The Community Service Senior Opportunities Act, referred to in subsec. (b)(1), is title V of , as added , , , which is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–198 section 2005a of this title section 1981 of Title 7This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title XII of , which enacted this chapter and former and amended sections 590g, 2004, 2005, 2006, and 2009 of this title, sections 4207 and 4209 of Title 7, Agriculture, and provisions set out as a note under .

Codification

Pub. L. 110–234, § 2710 Pub. L. 110–246, § 2710 16 U.S.C. 2005a Pub. L. 104–127, title III, § 336(e)Apr. 4, 1996110 Stat. 1007, and , which directed the amendment of subtitle F of title XII of the Food Security Act of 1985 by inserting this section after section 1251, was executed by inserting this section between subtitles E and G of title XII of that Act to reflect the probable intent of Congress, because subtitle F and section 1251 () of title XII of the Food Security Act of 1985 were repealed by , , .

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Prior Provisions

section 1252 of Pub. L. 99–198Dec. 23, 198599 Stat. 1516 Pub. L. 104–127, title III, § 336(e)Apr. 4, 1996110 Stat. 1007A prior , title XII, , , amended sections 2004, 2005, 2006, and 2009 of this title, prior to repeal by , , .

Amendments

Pub. L. 115–334, § 7611(1)2018—, struck out “Agriculture conservation” before “experienced” in section catchline.

Pub. L. 115–334, § 7611(2)Subsec. (a). , substituted “an experienced services program (referred to in this section as the ‘program’)” for “a conservation experienced services program (in this section referred to as the ‘ACES Program’)” and “provide—” for “provide”, inserted par. (1) designation before “technical services in support”, substituted “Secretary, including” for “Secretary. Such technical services may include”, and added par. (2).

Pub. L. 115–334, § 7611(3)Subsec. (b). , striking “ACES” before “program” wherever appearing.

Pub. L. 115–334, § 7611(4)Subsec. (b)(1). , substituted “technical, professional, or administrative services, as applicable,” for “technical services”.

Pub. L. 115–334, § 7611(3)Subsec. (c). , substituted “the program” for “the ACES program” in two places.

Pub. L. 115–334, § 7611(5)(A)Subsec. (c)(1). , substituted “Conservation technical services” for “In general” in heading, and inserted “with respect to subsection (a)(1),” before “the Secretary” in text.

Pub. L. 115–334, § 7611(5)(B)Subsec. (c)(3). , added par. (3).

Pub. L. 115–334, § 7611(4)Subsec. (d). , substituted “technical, professional, or administrative services, as applicable,” for “technical services” in introductory provisions and par. (1).

Pub. L. 115–334, § 7611(3), struck out “ACES” before “program” in introductory provisions.

Pub. L. 113–792014—Subsec. (c)(2). amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program:

“(A) The conservation reserve program.

“(B) The wetlands reserve program.

“(C) The grassland reserve program.

“(D) The conservation stewardship program.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Enactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under , Agriculture.