§ 2204. — General duties of Secretary; advisory functions; research and development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2204]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2204. General duties of Secretary; advisory functions;
research and development
(a) The Secretary of Agriculture shall procure and preserve all
information concerning agriculture, rural development, aquaculture, and
human nutrition which he can obtain by means of books and
correspondence, and by practical and scientific experiments, accurate
records of which experiments shall be kept in his office, by the
collection of statistics, and by any other appropriate means within his
power; he shall collect new and valuable seeds and plants; shall test,
by cultivation, the value of such of them as may require such tests;
shall propagate such as may be worthy of propagation; and shall
distribute them among agriculturists; and he shall advise the President,
other members of his Cabinet, and the Congress on policies and programs
designed to improve the quality of life for people living in the rural
and nonmetropolitan regions of the Nation.
(b) The Secretary is authorized to initiate or expand research and
development efforts related to solution of problems of rural water
supply, rural sewage and solid waste management, rural housing, rural
industrialization, and technology appropriate to small- and moderate-
sized family farming operations, and any other problem that the
Secretary may determine has an effect upon the economic development or
the quality of life in rural areas.
(R.S. Sec. 526; Feb. 9, 1889, ch. 122, Secs. 1, 4, 25 Stat. 659; Pub. L.
92-419, title VI, Sec. 603(b), Aug. 30, 1972, 86 Stat. 675; Pub. L. 94-
273, Sec. 7(4), Apr. 21, 1976, 90 Stat. 378; Pub. L. 95-113, title XV,
Sec. 1502(b), Sept. 29, 1977, 91 Stat. 1021; Pub. L. 96-355, Sec. 5,
Sept. 24, 1980, 94 Stat. 1174.)
Codification
R.S. Sec. 526 derived from act May 15, 1862, ch. 72, Sec. 3, 12
Stat. 387.
Section was formerly classified to section 514 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
Amendments
1980--Subsec. (b). Pub. L. 96-355 inserted provisions relating to
technology appropriate to small- and moderate-sized family farming
operations, and struck out provisions relating to the national rural
development program and goals, and accompanying annual report.
1977--Subsec. (a). Pub. L. 95-113 inserted references to aquaculture
and human nutrition.
1976--Subsec. (b). Pub. L. 94-273 substituted ``December'' for
``September''.
1972--Subsec. (a). Pub. L. 92-419, Sec. 603(b)(1)-(3), designated
existing provisions as subsec. (a), provided for information concerning
rural development, and prescribed advisory functions of the Secretary,
respectively.
Subsec. (b). Pub. L. 92-419, Sec. 603(b)(4), added subsec. (b).
Change of Name
Secretary of Agriculture substituted for Commissioner of Agriculture
in text pursuant to sections 1 and 4 of act Feb. 9, 1889, which are
classified to section 2202 of this title. See, also, section 2205 of
this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section 10
of Pub. L. 96-355, set out as an Effective Date note under section 2204b
of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Transfer of Functions
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Functions of Secretary of Agriculture administered through Bureau of
Biological Survey relating to conservation of wildlife, game, and
migratory birds transferred to Secretary of the Interior by 1939 Reorg.
Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433,
set out in the Appendix to Title 5, Government Organization and
Employees.
Delegation of authority to Secretary with respect to nation's food
program during war emergency, see Ex. Ord. No. 9280, set out as a note
under section 452 of this title.
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to
Secretary of Agriculture, see Parts 1, 2, and 3 of Ex. Ord. No. 12656,
Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of
Title 42, The Public Health and Welfare.
Report on Geographically Disadvantaged Farmers and Ranchers
Pub. L. 107-171, title X, Sec. 10906, May 13, 2002, 116 Stat. 538,
provided that:
``(a) Definition of Geographically Disadvantaged Farmer or
Rancher.--In this section, the term `geographically disadvantaged farmer
or rancher' means a farmer or rancher in--
``(1) an insular area (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103) (as amended by section 7502(a)); or
``(2) a State other than 1 of the 48 contiguous States.
``(b) Report.--Not later than 1 year after the date of enactment of
this Act [May 13, 2002], the Secretary of Agriculture shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(1) barriers to efficient and competitive transportation of
inputs and products by geographically disadvantaged farmers and
ranchers; and
``(2) means of encouraging and assisting geographically
disadvantaged farmers and ranchers--
``(A) to own and operate farms and ranches; and
``(B) to participate equitably in the full range of
agricultural programs offered by the Department of
Agriculture.''
Review of Operation of Agricultural and Natural Resource Programs on
Tribal Trust Land
Pub. L. 107-171, title X, Sec. 10910, May 13, 2002, 116 Stat. 539,
provided that:
``(a) Review.--The Secretary of Agriculture (referred to in this
section as the `Secretary') shall conduct a review of the operation of
agricultural and natural resource programs available to farmers and
ranchers operating on tribal and trust land, including--
``(1) agricultural commodity, price support, and farm income
support programs (collectively referred to in this section as
`agricultural commodity programs');
``(2) conservation programs (including financial and technical
assistance);
``(3) agricultural credit programs;
``(4) rural development programs; and
``(5) forestry programs.
``(b) Criteria for Review.--In carrying out the review under
subsection (a), the Secretary shall consider--
``(1) the extent to which agricultural commodity programs and
conservation programs are consistent with tribal goals and
priorities regarding the sustainable use of agricultural land;
``(2) strategies for increasing tribal participation in
agricultural commodity programs and conservation programs;
``(3) the educational and training opportunities available to
Indian tribes and members of Indian tribes in the practical,
technical, and professional aspects of agriculture and land
management; and
``(4) the development and management of agricultural land under
the jurisdiction of Indian tribes in accordance with integrated
resource management plans that--
``(A) ensure proper management of the land;
``(B) produce increased economic returns;
``(C) promote employment opportunities; and
``(D) improve the social and economic well-being of Indian
tribes and members of Indian tribes.
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with--
``(1) the Secretary of the Interior;
``(2) local officers and employees of the Department of
Agriculture; and
``(3) program recipients.
``(d) Report.--Not later than 1 year after the date of enactment of
this Act [May 13, 2002], the Secretary shall submit to Congress a report
that contains--
``(1) a description of the results of the review conducted under
this section;
``(2) recommendations for program improvements; and
``(3) a description of actions that will be taken to carry out
the improvements.''
Aviation Inspections
Pub. L. 103-354, title III, Sec. 306, Oct. 13, 1994, 108 Stat. 3241,
provided that:
``(a) Study of Aircraft Inspections.--
``(1) Intent of study.--The intent of the study required by this
subsection is to examine the cost efficiencies of conducting
inspections of aircraft and pilots by one Federal agency without
reducing aircraft, passenger, or pilot safety standards or lowering
mission preparedness.
``(2) Study required.--The Secretary of Agriculture and the
Secretary of Transportation shall jointly conduct a study of the
inspection specifications and procedures by which aircraft and
pilots contracted by the Department are certified to determine the
cost efficiencies of eliminating duplicative Department inspection
requirements and transferring some or all inspection requirements to
the Federal Aviation Administration, while ensuring that neither
aircraft, passenger, nor pilot safety is reduced and that mission
preparedness is maintained.
``(3) Special considerations.--In conducting the study, the
Secretaries shall evaluate current inspection specifications and
procedures mandated by the Department and the Forest Service, taking
into consideration the unique requirements and risks of particular
Department and Forest Service missions that may require special
inspection specifications and procedures to ensure the safety of
Department and Forest Service personnel and their contractees.
``(4) Maintenance of standards and preparedness.--In making
recommendations to transfer inspection authority or otherwise change
Department inspection specifications and procedures, the Secretaries
shall ensure that the implementation of any such recommendations
does not lower aircraft or pilot standards or preparedness for
Department or Forest Service missions.
``(5) Submission of results.--Not later than 180 days after the
date of the enactment of this Act [Oct. 13, 1994], the Secretaries
shall submit to Congress the results of the study, including any
recommendations to transfer inspection authority or otherwise change
Department inspection specifications and procedures and a cost-
benefit analysis of such recommendations.
``(b) Review of Recently Adopted Aircraft Policy.--
``(1) Review required.--The Secretaries shall review the policy
initiated by the Secretary of Agriculture on July 1, 1994, to accept
Federal Aviation Administration inspections on aircraft and pilots
that provide `airport to airport' service for the Forest Service.
The policy is currently being cooperatively developed by the
Department and the Federal Aviation Administration and is intended
to reduce duplicative inspections and to reduce Government costs,
while maintaining aircraft, passenger, and pilot safety standards,
specifications and procedures currently required by the Department
and the Forest Service.
``(2) Expansion of policy.--As part of the review, the
Secretaries shall examine the feasibility and desirability of
applying this policy on a Government-wide basis.
``(3) Submission of results.--Not later than one year after the
date of the implementation of the policy, the Secretary of
Agriculture shall submit to Congress the results of the review,
including any recommendations that the Secretary considers
appropriate.''
Order of Succession
For order of succession during any period when both Secretary and
Deputy Secretary of Agriculture are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13241, Dec. 18, 2001, 66
F.R. 66258, set out as a note under section 3345 of Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 2276 of this title; title 13
section 9.
