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2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 7772 Transfer authority us united_states_code code_section 7 AGRICULTURE 104 PLANT PROTECTION 7772 7 U.S.C. § 7772 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s7772 data/legal/raw/us/code/title-07/usc07.xml 8177331d54083530037c7dd38f7d5953b13d24b1d5ba23aa944c5be1ed0d76be 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 1485a021acd0e9020d9aef59387d61590815ae5ddd41f5d55d10df1493627a4e 2026-07-04 official
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7 U.S.C. § 7772 - Transfer authority

Text

(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.

(Pub. L. 106224, title IV, § 442, June 20, 2000, 114 Stat. 455; Pub. L. 107171, title VII, § 7504(b), May 13, 2002, 116 Stat. 466; Pub. L. 110234, title X, § 10203(b), May 22, 2008, 122 Stat. 1342; Pub. L. 110246, § 4(a), title X, § 10203(b), June 18, 2008, 122 Stat. 1664, 2104.)

Notes

Editorial Notes

References in TextThis Act, referred to in subsec. (c), is Pub. L. 106224, 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. This chapter, referred to in subsec. (c), was in the original “this title”, meaning title IV of Pub. L. 106224, 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 Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246. 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. 107171, title X, § 10418(a)(1), May 13, 2002, 116 Stat. 507.

Amendments2008—Subsec. (c). Pub. L. 110246, § 10203(b), struck out “of longer than 60 days” after “review”. 2002—Subsec. (c). Pub. L. 107171 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, 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.