7 U.S.C. § 7000

Implementation of final determinations of Division

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(a) In general

On the return of a case to an agency pursuant to the final determination of the Division, the head of the agency shall implement the final determination not later than 30 days after the effective date of the notice of the final determination.

(b) Reports(1) In generalNot later than 180 days after the date of the enactment of this subsection, and every 180 days thereafter, the head of each agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the website of the Department, a report that includes—(A) a description of all cases returned to the agency during the period covered by the report pursuant to a final determination of the Division;(B) the status of implementation of each final determination; and(C) if the final determination has not been implemented—(i) the reason that the final determination has not been implemented; and(ii) the projected date of implementation of the final determination.(2) Updates

Each month, the head of each agency shall publish on the website of the Department any updates to the reports submitted under paragraph (1).

(Pub. L. 103–354, title II, § 280, Oct. 13, 1994, 108 Stat. 3233; Pub. L. 110–234, title XIV, § 14009, May 22, 2008, 122 Stat. 1446; Pub. L. 110–246, § 4(a), title XIV, § 14009, June 18, 2008, 122 Stat. 1664, 2208.)Editorial NotesReferences in Text

The date of the enactment of this subsection, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, § 14009, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Notes of Decisions

Cited in 4 cases, 2001–2016 · leading case: Huff v. Vilsack, 195 F. Supp. 3d 343 (D.D.C. 2016).

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Huff v. Vilsack, 195 F. Supp. 3d 343 (D.D.C. 2016). · cites it 4× “RD to “implement” the NAD decision, 7 U.S.C. § 7000 (a), and, on May 4, 2016, the agency issued a decision purporting to do so (see Implementation, Ex, 1 to Pis.”

Baker v. United States, 50 Fed. Cl. 483 (Fed. Cl. 2001). · cites it 2× “Under 7 U.S.C. § 7000 (1994), and 7 C.F.R. § 11.”

Kroskob v. United States Dep't of Agric., 378 F. App'x 827 (10th Cir. 2010). “Relying on a statutory command that requires Department of Agriculture agencies to “implement the [NAD’s] final determination not later than 80 days after the effective date of the notice of the final determination,” 7 U.S.C. § 7000 (a), the Kroskobs filed suit in mid-2008 in…”

Schroeder v. United States, 683 F. Supp. 2d 1129 (D. Or. 2010). “The FHA staff responsible for implementing the NAD determination “refused to do so within 30 days of its finality, as required by 7 U.S.C. § 7000 and 7 C.F.R. § 11.12 (a).”

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