7 U.S.C. § 7005 — Under Secretary of Agriculture for Marketing and Regulatory Programs

(a) Authorization The Secretary^* is authorized to establish in the Department^* the position of Under Secretary of Agriculture for Marketing and Regulatory Programs.

(b) Confirmation required If the Secretary establishes the position of Under Secretary of Agriculture for Marketing and Regulatory Programs authorized under subsection (a), the Under Secretary must be appointed by the President, by and with the advice and consent of the Senate.

(c) Functions of Under Secretary
(1) Principal functions Upon establishment, the Secretary must delegate to the Under Secretary of Agriculture for Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards.
(2) Additional functions The Under Secretary of Agriculture for Marketing and Regulatory Programs must perform that other functions and duties as can be required by law or prescribed by the Secretary.

(d) Succession Any official who is serving as Assistant Secretary of Agriculture for Marketing and Regulatory Programs on October 21, 1998 , and who was appointed by the President, by and with the advice and consent of the Senate, must 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 21, 1998 (or that later date set by the Secretary if litigation delays rapid succession).