The Secretary shall establish a conservation experienced services program (in this section referred to as the “ACES Program”) for the purpose of utilizing the talents of individuals who are age 55 or older, but who are not employees of the Department of Agriculture or a State agriculture department, to provide technical services in support of the conservation-related programs and authorities carried out by the Secretary. Such technical services may include conservation planning assistance, technical consultation, and assistance with design and implementation of conservation practices.
(b) Program agreements
(1) Relation to older American community service employment program
Notwithstanding any other provision of law relating to Federal grants, cooperative agreements, or contracts, to carry out the ACES program during a fiscal year, the Secretary may enter into agreements with nonprofit private agencies and organizations eligible to receive grants for that fiscal year under the Community Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure participants for the ACES program who will provide technical services under the ACES program.
(2) Required determination
Before entering into an agreement under paragraph (1), the Secretary shall ensure that the agreement would not—
(A)result in the displacement of individuals employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;
(B)result in the use of an individual under the ACES program for a job or function in a case in which a Federal employee is in a layoff status from the same or a substantially-equivalent job or function with the Department; or
(C)affect existing contracts for services.
(c) Funding source
(1) In general
Except as provided in paragraph (2), the Secretary may carry out the ACES program using funds made available to carry out each program under this chapter.
Funds made available to carry out the conservation reserve program may not be used to carry out the ACES program.
An individual providing technical services under the ACES program is deemed to be an employee of the United States Government for purposes of chapter
171 of title
28 if the individual—
(1)is providing technical services pursuant to an agreement entered into under subsection (b); and
The Community Service Senior Opportunities Act, referred to in subsec. (b)(1), is title V of Pub. L. 89–73, as added Pub. L. 109–365, title V, § 501,Oct. 17, 2006, 120 Stat. 2563, which is classified generally to subchapter IX (§ 3056 et seq.) of chapter
35 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
3001 of Title
42 and Tables.
This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title XII of Pub. L. 99–198, which enacted this chapter and former section
2005a of this title and amended sections
2009 of this title, sections
4209 of Title
7, Agriculture, and provisions set out as a note under section
1981 of Title
Pub. L. 110–234, § 2710, andPub. L. 110–246, § 2710, which directed the amendment of subtitle F of title XII of the Food Security Act of 1985 by inserting this section after section
1251, was executed by inserting this section between subtitles E and G of title XII of that Act to reflect the probable intent of Congress, because subtitle F and section
1251 (16 U.S.C. 2005a) of title XII of the Food Security Act of l985 were repealed by Pub. L. 104–127, title III, § 336(e),Apr. 4, 1996, 110 Stat. 1007.
2014—Subsec. (c)(2). Pub. L. 113–79amended par. (2) generally. Prior to amendment, text read as follows: “Funds made available to carry out the following programs may not be used to carry out the ACES program:
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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