7 U.S. Code § 7772 - Transfer authority

prev | next
(a) Authority to transfer certain funds
In connection with an emergency in which a plant pest or noxious weed threatens any segment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary considers necessary to be available in the emergency for the arrest, control, eradication, and prevention of the spread of the plant pest or noxious weed and for related expenses.
(b) Availability
Any funds transferred under this section shall remain available for such purposes without fiscal year limitation.
(c) Secretarial discretion
The action of any officer, employee, or agent of the Secretary in carrying out this Act, including determining the amount of and making any payment authorized to be made under this chapter, shall not be subject to a review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.

Source

(Pub. L. 106–224, title IV, § 442,June 20, 2000, 114 Stat. 455; Pub. L. 107–171, title VII, § 7504(b),May 13, 2002, 116 Stat. 466; Pub. L. 110–234, title X, § 10203(b),May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10203(b),June 18, 2008, 122 Stat. 1664, 2104.)
References in Text

This Act, referred to in subsec. (c), is Pub. L. 106–224, June 20, 2000, 114 Stat. 358, known as the Agricultural Risk Protection Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1501 of this title and Tables.
Codification

Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Similar provisions relating to authority to transfer funds for emergency arrest of animal, poultry, or plant diseases or pests were contained in section 129 of Title 21, Food and Drugs, prior to its omission from the Code, and similar provisions relating to authority to transfer funds for emergency arrest of animal or poultry diseases were contained in section 129a of Title 21, prior to repeal by Pub. L. 107–171, title X, § 10418(a)(1),May 13, 2002, 116 Stat. 507.
Amendments

2008—Subsec. (c). Pub. L. 110–246, § 10203(b), struck out “of longer than 60 days” after “review”.
2002—Subsec. (c). Pub. L. 107–171added subsec. (c).
Effective Date of 2008 Amendment

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

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


7 CFR - Agriculture

7 CFR Part 300 - INCORPORATION BY REFERENCE

7 CFR Part 301 - DOMESTIC QUARANTINE NOTICES

7 CFR Part 302 - DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS

7 CFR Part 305 - PHYTOSANITARY TREATMENTS

7 CFR Part 318 - STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

7 CFR Part 319 - FOREIGN QUARANTINE NOTICES

7 CFR Part 322 - BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

7 CFR Part 330 - FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

7 CFR Part 340 - INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS

7 CFR Part 351 - IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL

7 CFR Part 352 - PLANT QUARANTINE SAFEGUARD REGULATIONS

7 CFR Part 353 - EXPORT CERTIFICATION

7 CFR Part 354 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES

7 CFR Part 360 - NOXIOUS WEED REGULATIONS

7 CFR Part 380 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR - Animals and Animal Products

9 CFR Part 94 - RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.