Sec. 1609. Appeals
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/bill/113/s/10/is/section-1609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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. 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 Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division. 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. . Section 272 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6992 ) is amended by striking subsection
(d)and inserting the following: In this subsection, the term a matter of general applicability means a matter that challenges the merits or authority of a rule, procedure, local or national program practice, or determination of an agency that applies, or can apply, to more than 1 interested party as opposed to the particular application of the rule, procedure, or practice to a specific set of facts or the facts themselves as the facts apply to 1 particular interested party. The Division may not hear appeals— unless the determination of the agency is adverse to the appellant; that involve matters of general applicability; and that involve requests for equitable relief unless the equitable relief has been denied by the agency. An appeal requesting equitable relief may not be granted by the Director to an appellant unless, using the rules and practices that the agency applies to itself, the agency could in fact have granted the relief because the appellant acted in good faith, but failed to fully comply with the requirement of the rule or practice of the agency. If it cannot be determined whether the agency would have granted equitable relief because the appellant acted in good faith, but failed to comply with the rule or practice of the agency, the matter shall be remanded to the agency for further consideration. 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 appealable or is a matter of general applicability and not subject to appeal. The determination of the Director as to whether a decision is appealable is final. . Section 278 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6998 ) is amended by striking subsection (d). Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— in paragraph (6)(C), by striking or at the end; in paragraph (7), by striking the period at the end and inserting ; or ; and by adding at the end the following: the authority of the Secretary to carry out amendments to sections 272 and 278 made by the Agriculture Reform, Food, and Jobs Act of 2013 . .
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