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 6911(a) 1 of this title or any other function vested in the Secretary as of October 13, 1994. 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.
The delegation authority provided by paragraph (1) shall be subject to-
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.
Paragraph (1) shall not apply with respect to any name change required or authorized by this chapter.
To the extent that the implementation of the authority provided to the Secretary by this chapter 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-
Sectionof title 31 shall apply to any transfer of funds under paragraph (1).
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 See References in Text note below.
7 U.S.C. § 6912
REFERENCES IN TEXTSection Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section of this title and Tables.of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 115-334, title XII, §12414(a)(1), Dec. 20, 2018, 132 Stat. 4981. This chapter, referred to in subsecs. (b)(2), (c), and (d)(1), was in the original "this title", meaning title II of Pub. L. 103-354, 108 Stat. 3209, known as the
CODIFICATIONPub. 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 L. 110-234 were repealed by section 4(a) of Pub.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.
AMENDMENTS2008-Subsec. (a)(2)(A). Pub. L. 110-246, §7511(c)(27), substituted "6971(f)," for "6971(d),".
EFFECTIVE DATE OF 2008 AMENDMENT 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 sectionof 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 of this title.
- The term "Department" means the Department of Agriculture.
- The term "Secretary" means the Secretary of Agriculture.
- The term "function" means an administrative, financial, or regulatory activity of an agency, office, officer, or employee of the Department.