§ 6992. National Appeals Division and Director

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 272 · 108 Stat. 3178

   Enacted · 7 U.S.C. § 6992

   Pub. L. 103–354, title II, § 272, Oct. 13, 1994, 108 Stat. 3229

   Source evidence

   Code source credit
   Pub. L. 103–354, title II, § 272, Oct. 13, 1994, 108 Stat. 3229

   Enacted provision · exact public law section
   SEC. 272. NATIONAL APPEALS DIVISION AND DIRECTOR. (a) Establishment of Division.— The Secretary shall establish and maintain an independent National Appeals Division within the Department to carry out this subtitle. (b) Director.— (1) Appointment.— The Division shall be headed by a Director, appointed by the Secretary from among persons who have substantial experience in practicing administrative law. In considering applicants for the position of Director, the Secretary shall consider persons currently employed outside Government as well as Government employees. (2) Term and removal.— The Director shall serve for a 6-year term of office, and shall be eligible for reappointment The Director shall not be subject to removal during the term of office, except for cause established in accordance with law. (3) Position classification.— The position of the Director may not be a position in the excepted service or filled by a noncareer appointee. (c) Direction, Control, and Support.— The Director shall be free from the direction and control of any person other than the Secretary. The Division shall3 not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division. (d) Determination of Appealability of Agency Decisions.— If an officer, employee, or committee of an agency determines that a decision is not appealable 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 appeal. The determination of the Director as to whether a decision is appealable shall be administratively final. (e) Division Personnel.— The Director shall appoint such hearing officers and other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subtitle.

2. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title I § 1610(a) · 128 Stat. 649

   1. Added · 7 U.S.C. § 6992(c)

      Pub. L. 113–79 added subsec. (c)

   2. Struck · 7 U.S.C. § 6992(c)

      Pub. L. 113–79 struck out former subsec. (c). Prior to amendment, text read as follows: “The Director shall be free from the direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division.”

   Source evidence

   Code amendment note
   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 direction and control of any person other than the Secretary. The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. The Secretary may not delegate to any other officer or employee of the Department, other than the Director, the authority of the Secretary with respect to the Division.”

   Enacted provision · exact public law section
   (a) Direction, Control, and Support.— Section 272 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6992) is amended by striking subsection (c) and inserting the following: “(c) Direction, Control, and Support.— “(1) Direction and control.— “(A) In general.— Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture. “(B) Administrative support.— The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. “(C) Prohibition on delegation.— The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture 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 implement 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 officials.” .

3. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title XII § 12412 · 132 Stat. 4490

   Amended · 7 U.S.C. § 6992(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 administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter.”

   Source evidence

   Code amendment note
   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 administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subchapter.”

   Enacted provision · exact public law section
   SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING OFFICERS.   Section 272(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows: “(e) Division Personnel.— “(1) In general.— The Director shall recommend to the Secretary persons for appointment as hearing officers as are necessary for the conduct of hearings under section 277. The Director shall appoint such other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subtitle. 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 appointee’ means an individual occupying— “(A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); “(B) a noncareer position in the Senior Executive 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 Federal 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.” .

4 of 4 references resolved to an enrolled provision