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.
Availability
Any funds transferred under this section shall remain available for such purposes without fiscal year limitation.
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. 106–224, title IV, § 442114 Stat. 455 Pub. L. 107–171, title VII, § 7504(b)116 Stat. 466 Pub. L. 110–234, title X, § 10203(b)122 Stat. 1342 Pub. L. 110–246, § 4(a)122 Stat. 1664 (, , ; , , ; , , ; , title X, § 10203(b), , , 2104.)
Editorial Notes
References in Text
Pub. L. 106–224114 Stat. 358 section 1501 of this titleThis Act, referred to in subsec. (c), is , , , 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 and Tables.
Pub. L. 106–224114 Stat. 438 section 7701 of this titleThis chapter, referred to in subsec. (c), was in the original “this title”, meaning title IV of , , , 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 and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
section 129 of Title 21section 129a of Title 21Pub. L. 107–171, title X, § 10418(a)(1)116 Stat. 507 Similar provisions relating to authority to transfer funds for emergency arrest of animal, poultry, or plant diseases or pests were contained in , 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 , prior to repeal by , , .
Amendments
Pub. L. 110–246, § 10203(b)2008—Subsec. (c). , struck out “of longer than 60 days” after “review”.
Pub. L. 107–1712002—Subsec. (c). added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .
Transfer of Functions
section 542 of Title 6For 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 , as modified, set out as a note under .