TITLE 7 - US CODE - SUBCHAPTER IX - MISCELLANEOUS REORGANIZATION PROVISIONS

7 USC 7011 - Successorship provisions relating to bargaining units and exclusive representatives

(a) Voluntary agreement

(1) In general
If the exercise of the Secretarys authority under this chapter results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.

(2) Criteria
In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in

(A) sections 7103 (a)(4), 7111 (e), 7111 (f)(1), and 7120 of title 5, relating to determining an exclusive representative; and

(B) section 7112 of title 5 (disregarding subsections (b)(5) and (d) thereof), relating to determining appropriate units.

(b) Effect of an agreement

(1) In general
If the affected parties reach agreement on the appropriate unit and the exclusive representative for such unit under subsection (a) of this section, the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for certification.

(2) Restrictions

(A) Conditions requiring noncertification
The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if

(i) it determines that any of the criteria referred to in subsection (a)(2) of this section (disregarding section 7112 (a) of title 5) have not been met; or

(ii) after the Secretarys exercise of authority and before certification under this section, a valid election under section 7111 (b) of title 5 is held covering any employees who would be included in the unit proposed for certification.

(B) Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached
Nothing in section 7111 (f)(3) of title 5 shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified.

(C) Clarification
The certification of a unit under paragraph (1) shall not, for purposes of the last sentence of section 7111 (b) of title 5 or section 7111(f)(4) of such title, be treated as if it had occurred pursuant to an election.

(3) Delegation

(A) In general
The Federal Labor Relations Authority may delegate to any regional director (as referred to in section 7105 (e) of title 5) its authority under the preceding provisions of this subsection.

(B) Review
Any action taken by a regional director under subparagraph (A) shall be subject to review under the provisions of section 7105 (f) of title 5 in the same manner as if such action had been taken under section 7105(e) of such title, except that in the case of a decision not to certify, such review shall be required if application therefor is filed by an affected party within the time specified in such provisions.

(1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and

(2) the Department of Agriculture.

7 USC 7012 - Purchase of American-made equipment and products

(a) Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased using funds made available pursuant to this chapter should be American-made.

(b) Notice requirement
In providing financial assistance to, or entering into any contract with, any entity using funds made available pursuant to this chapter, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) of this section by the Congress.

7 USC 7013 - Proposed conforming amendments

Not later than 180 days after October 13, 1994, the Secretary shall submit to Congress recommended legislation containing additional technical and conforming amendments to Federal laws that are required as a result of the enactment of this chapter.

7 USC 7014 - Termination of authority

(a) In general
Subject to subsection (b) of this section, the authority delegated to the Secretary by this chapter to reorganize the Department shall terminate on the date that is 2 years after October 13, 1994.

(b) Functions
Subsection (a) of this section shall not affect

(1) the authority of the Secretary to continue to carry out a function that the Secretary performs on the date that is 2 years after October 13, 1994;

(2) the authority delegated to the Secretary under Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 U.S.C. 2201 note );

(3) the authority of an agency, office, officer, or employee of the Department to continue to perform all functions delegated or assigned to the entity or person as of that termination date;

(4) the authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 7005 of this title;

(5) the authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under section 6918 of this title;

(6) the authority of the Secretary to establish in the Department, under section 6971 of this title

(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;

(B) the Research, Education, and Extension Office; and

(7) the authority of the Secretary to establish in the Department the Office of Advocacy and Outreach in accordance with section 6934 of this title.