Title 7 — AgricultureRelease 119-73
§7772 Transfer authority
Title 7 › Chapter CHAPTER 104— - PLANT PROTECTION › Subchapter SUBCHAPTER IV— - AUTHORIZATION OF APPROPRIATIONS › § 7772
Summary
The Secretary can move money from other USDA accounts when a plant pest or noxious weed threatens U.S. agriculture. The funds can be used to stop, control, remove, or prevent the pest or weed and to pay related costs. Money moved this way does not expire at year-end. Only the Secretary or the Secretary’s designee may review these actions.
Full Legal Text
Title 7, §7772
Agriculture — Source: USLM XML via OLRC
(a)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)Any funds transferred under this section shall remain available for such purposes without fiscal year limitation.
(c)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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. This chapter, referred to in subsec. (c), was in the original “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 Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. 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. 107–171 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. 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 section 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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 7772
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73