§ 6912. Authority of Secretary to delegate transferred functions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 212 · 108 Stat. 3178

   Enacted · 7 U.S.C. § 6912

   Pub. L. 103–354, title II, § 212, Oct. 13, 1994, 108 Stat. 3210

   Source evidence

   Code source credit
   Pub. L. 103–354, title II, § 212, Oct. 13, 1994, 108 Stat. 3210

   Enacted provision · exact public law section
   SEC. 212. AUTHORITY OF SECRETARY TO DELEGATE TRANSFERRED FUNCTIONS. (a) Delegation of Authority.— (1) Delegation authorized.— Subject to paragraph (2), the Secretary may delegate to any agency, office, officer, or employee of the Department the authority to perform any function transferred to the Secretary under section 211(a) or any other function vested in the Secretary as of the date of the enactment of this Act The authority provided in the preceding sentence includes the authority to establish, consolidate, alter, or discontinue any agency, office, or other administrative unit of the Department. (2) Condition on authority.— The delegation authority provided by paragraph (1) shall be subject to— (A) sections 232, 251(d), 273, and 304 and subsections (a) and (b)(1) of section 261; (B) sections 502 and 503 of the Agricultural Trade Act of 1978 (7 U.S.C. 5692 and 5693); and (C) section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (b) Cost-Benefit Analysis Required for Name Change.— (1) Analysis required.— Except as provided in paragraph (2), the Secretary shall conduct a cost-benefit analysis before changing the name of any agency, office, division, or other unit of the Department to ensure that the benefits to be derived from changing the name of the agency, office, division, or other unit outweigh the expense of executing the name change. (2) Exception.— Paragraph (1) shall not apply with respect to any name change required or authorized by this title. (c) Public Comment on Proposed Reorganization.— To the extent that the implementation of the authority provided to the Secretary by this title to reorganize the Department involves the creation of new agencies or offices within the Department or the delegation of major functions or major groups of functions to any agency or office of the Department (or the officers or employees of such agency or office), the Secretary shall, to the extent considered practicable by the Secretary— (1) give appropriate advance public notice of the proposed reorganization action or delegation; and (2) afford appropriate opportunity for interested parties to comment on the proposed reorganization action or delegation, (d) Interagency Transfer of Records, Property, Personnel, and Funds.— (1) Related transfers.— Subject to paragraph (2), as part of the transfer or delegation of a function of the Department made or authorized by this title, the Secretary may transfer within the Department— (A) any of the records, property, or personnel affected by the transfer or delegation of the function; and (B) unexpended balances (available or to be made available for use in connection with the transferred or delegated function) of appropriations, allocations, or other funds of the Department. (2) Applicable law relating to funds transfer.— Section 1531 of title 31, United States Code, shall apply to any transfer of funds under paragraph (1). (e) Exhaustion of Administrative Appeals.— Notwithstanding any other provision of law, a person shall exhaust all administrative appeal procedures established by the Secretary or required by law before the person may bring an action in a court of competent jurisdiction against— (1) the Secretary; (2) the Department; or (3) an agency, office, officer, or employee of the Department.

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 7511(c)(27) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 6912(a)(2)(A)

   Pub. L. 110–246, § 7511(c)(27), substituted “6971(f),” for “6971(d),”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 110–246, § 7511(c)(27), substituted “6971(f),” for “6971(d),”.

   Enacted provision · exact public law section
   (27) Section 212(a)(2)(A) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(a)(2)(A)) is amended by striking “251(d),” and inserting “251(f),”.

   Effective date note
   Amendment 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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(27) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.

2 of 2 references resolved to an enrolled provision