USC Subchapter III

USC Subchapter III
in effect

7 U.S.C. § 6941 Under Secretary of Agriculture for Rural Development

(a) AuthorizationThe Secretary shall establish in the Department the position of Under Secretary of Agriculture for Rural Development. (b) Confirmation requiredThe Under Secretary of Agriculture for Rural Development shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions of Under Secretary(1) Principal functionsUpon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Rural Development those functions under the jurisdiction of the Department that are related to rural economic and community development. (2) Additional functionsThe Under Secretary of Agriculture for Rural Development shall perform such other functions as may be required by law or prescribed by the Secretary. (d) SuccessionAny official who is serving as Under Secretary of Agriculture for Small Community and Rural Development on October 13, 1994, and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after October 13, 1994 (or such later date set by the Secretary if litigation delays rapid succession). (e) Loan approval authorityApproval authority for loans and loan guarantees in connection with the electric and telephone loan and loan guarantee programs authorized by the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) shall not be transferred to, or conditioned on review of, a State director or other employee whose primary duty is not the review and approval of such loans or the provision of assistance to such borrowers.

7 U.S.C. § 6941a Coordinator for Chronically Underserved Rural Areas

(a) EstablishmentThe Secretary of Agriculture shall establish a Coordinator for Chronically Underserved Rural Areas (in this section referred to as the “Coordinator”), to be located in the Rural Development Mission Area. (b) MissionThe mission of the Coordinator shall be to direct Department of Agriculture resources to high need, high poverty rural areas. (c) DutiesThe Coordinator shall consult with other offices in directing technical assistance, strategic regional planning, at the State and local level, for developing rural economic development that leverages the resources of State and local governments and non-profit and community development organizations. (d) Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012.

7 U.S.C. § 6942 Rural Utilities Service

(a) Establishment requiredThe Secretary shall establish and maintain within the Department the Rural Utilities Service and assign to the Service such functions as the Secretary considers appropriate. (b) Administrator(1) AppointmentThe Rural Utilities Service shall be headed by an Administrator who shall be appointed by the President. (2) CompensationThe Administrator of the Rural Utilities Service shall receive basic pay at a rate not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5. (c) FunctionsThe Secretary shall carry out through the Rural Utilities Service the following functions that are under the jurisdiction of the Department:(1) Electric and telephone loan programs and water and waste facility activities authorized by law, including—(A) the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.); and (B) section 1926–1 11 See References in Text note below. of this title; and (2) Water and waste facility programs and activities authorized by law, including—(A) sections 1926, 1926a, 1926b,1 and 1926c of this title, the provisions of sections 1929 and 1929a of this title relating to assets, terms, and conditions of water and sewer programs, section 1932(b) of this title, and section 1013a of this title; and (B) section 2324 of the Food, Agriculture, Conservation, and Trade Act of 1990 1 (7 U.S.C. 1926 note).

7 U.S.C. § 6943 Rural Housing and Community Development Service

(a) Establishment authorizedNotwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate. (b) FunctionsIf the Secretary establishes the Rural Housing and Community Development Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:(1) Programs and activities under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (2) Programs and activities that relate to rural community lending programs, including programs authorized by section 2008d of this title.

7 U.S.C. § 6944 Rural Business and Cooperative Development Service

(a) Establishment authorizedNotwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Business and Cooperative Development Service and to assign to the Service such functions as the Secretary considers appropriate. (b) FunctionsIf the Secretary establishes the Rural Business and Cooperative Development Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:(1) Section 313 and title V of the Rural Electrification Act of 1936 (7 U.S.C. 940c and 950aa et seq.). (2) Subtitle G 11 See References in Text note below. of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990. (3) Sections 306(a)(1) and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1) and 1932). (4) Section 1323 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note). (5) The Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 et seq.).

7 U.S.C. § 6945 Rural Development Disaster Assistance Fund

(a) Rural Development Disaster Assistance FundOn and after September 30, 2008, there is established in the Treasury a fund entitled the “Rural Development Disaster Assistance Fund”. (b) Purpose and availability of FundSubject to subsection (d), amounts in the Rural Development Disaster Assistance Fund shall be available to the Secretary of Agriculture, until expended, to provide additional amounts, in the form of loans, grants, loan guarantees, or cooperative agreements, for any authorized activity of agencies of the Rural Development Mission Area in areas affected by a disaster declared by the President, the Secretary of Agriculture, or the Governor of a State or Territory. The cost of such direct and guaranteed loans, including the cost of modifying loans, shall be as defined in section 661a of title 2. Amounts so provided shall be in addition to any other amounts available to carry out the activity, but shall not be limited to the original form of assistance, if any. In carrying out this section, the Secretary may transfer funds into existing or new accounts as determined by the Secretary. (c) Waiver of activity or project limitationsFor any activity or project for which amounts in the Rural Development Disaster Assistance Fund will be obligated under subsection (b)—(1) the Secretary of Agriculture may waive any limits on population, income, age, and duplication with respect to replacement of damaged or destroyed utilities, or cost-sharing otherwise applicable, except that, if the amounts proposed to be obligated in connection with the disaster would exceed the amount specified in subsection (h), the notification required by that subsection shall include information and justification with regard to any waivers to be granted under this subsection; (2) the Secretary of Agriculture may use alternative sources of income data provided by local, regional, State, or Federal government sources to determine program eligibility; and (3) with respect to grants authorized by 7 U.S.C. 1926(a)(19),11 See References in Text note below. the Secretary of Agriculture shall not require the applicant to demonstrate that it is unable to finance the proposed project from its own resources, or through commercial credit at reasonable rates and terms, or other funding sources without grant assistance. (d) Treatment of certain amounts in FundAmounts appropriated directly to the Rural Development Disaster Assistance Fund by this Act or any subsequent Act for a specific purpose shall be available only for that purpose until such time as the transfer authority provided by subsection (f) takes effect with regard to the amounts. Only subsection (c), including the notification requirements of such subsection, and subsections (g) and (i) apply to amounts described in this subsection. (e) Transfer of prior appropriations to FundThe Secretary of Agriculture may transfer to the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that were appropriated before September 30, 2008, for programs and activities of the Rural Development Mission Area to respond to a disaster and were designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate. (f) Transfer of other appropriations to FundUnless otherwise specifically provided in an appropriations Act, the Secretary of Agriculture may transfer to or within the Rural Development Disaster Assistance Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2009 or any subsequent fiscal year for programs and activities of the Rural Development Mission Area to respond to a disaster and are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary determines that the unobligated amounts are no longer needed to respond to the disaster for which the amounts were originally appropriated and the Secretary provides a certification of this determination to the Committees on Appropriations of the House of Representatives and the Senate. A transfer of unobligated amounts with respect to a disaster may not be made under this subsection until after the end of the two-year period beginning on the date on which the amounts were originally appropriated for that disaster. (g) Administrative expensesIn addition to any other funds available to the Secretary of Agriculture to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Rural Development Disaster Assistance Fund for a specific disaster to cover administrative costs of Rural Development’s State and local offices in the areas affected by the disaster to carry out disaster related activities. (h) Limitation on per disaster obligationsAmounts in the Rural Development Disaster Assistance Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a disaster until at least 15 days after the date on which the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate of the Secretary’s determination to obligate additional amounts and the reasons for the determination. The Secretary may not obligate more than 50 percent of the funds contained in the Rural Development Disaster Assistance Fund for any one disaster unless the Secretary declares that there is a specific and extreme need that additional funds must be provided in response to such disaster at time of the obligation. (i) Quarterly reportsThe Secretary of Agriculture shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Rural Development Disaster Assistance Fund and any transactions that have affected the Fund since the previous report.

7 U.S.C. § 6946 Rural Health Liaison

(a) AuthorizationThe Secretary shall establish in the Department the position of Rural Health Liaison. (b) DutiesThe Rural Health Liaison shall—(1) in consultation with the Secretary of Health and Human Services, coordinate the role of the Department with respect to rural health; (2) integrate across the Department the strategic planning and activities relating to rural health; (3) improve communication relating to rural health within the Department and between Federal agencies; (4) advocate on behalf of the health care and relevant infrastructure needs in rural areas; (5) provide to stakeholders, potential grant applicants, Federal agencies, State agencies, Indian Tribes, private organizations, and academic institutions relevant data and information, including the eligibility requirements for, and availability and outcomes of, Department programs applicable to the advancement of rural health; (6) maintain communication with public health, medical, occupational safety, and telecommunication associations, research entities, and other stakeholders to ensure that the Department is aware of current and upcoming issues relating to rural health; (7) consult on programs, pilot projects, research, training, and other affairs relating to rural health at the Department and other Federal agencies; (8) provide expertise on rural health to support the activities of the Secretary as Chair of the Council on Rural Community Innovation and Economic Development; and (9) provide technical assistance and guidance with respect to activities relating to rural health to the outreach, extension, and county offices of the Department.

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