§ 7772. — Transfer authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7772]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 7772. Transfer authority
(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,\1\ including determining the amount of and making
any payment authorized to be made under this chapter, shall not be
subject to a review of longer than 60 days by any officer or employee of
the Federal Government other than the Secretary or the designee of the
Secretary.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(Pub. L. 106-224, title IV, Sec. 442, June 20, 2000, 114 Stat. 455; Pub.
L. 107-171, title VII, Sec. 7504(b), May 13, 2002, 116 Stat. 466.)
References in Text
This Act, referred to in subsec. (c), probably should read ``this
title'' meaning title IV of Pub. L. 106-224, June 20, 2000, 114 Stat.
438, known as the Plant Protection Act, which is classified principally
to this chapter. For complete classification of title IV to the Code,
see Short Title note set out under section 7701 of this title and
Tables.
Codification
Similar provisions relating to authority to transfer funds for
emergency arrest of animal, poultry, or plant diseases or pests are
contained in section 129 of Title 21, Food and Drugs, and similar
provisions relating to authority to transfer funds for emergency arrest
of animal or poultry diseases are contained in section 129a of Title 21.
Amendments
2002--Subsec. (c). Pub. L. 107-171 added subsec. (c).
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.
