U.S. Code
»
Title 7
» Chapter CHAPTER 98— DEPARTMENT OF AGRICULTURE REORGANIZATION › Subchapter SUBCHAPTER I— GENERAL REORGANIZATION AUTHORITIES
7 U.S.C. § 6912
Authority of Secretary to delegate transferred functions
(a) Delegation of authority(1) Delegation authorizedSubject 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) 11 See References in Text note below. 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.
(2) Condition on authorityThe delegation authority provided by paragraph (1) shall be subject to—(A) sections 6942, 6971(f), 6993, and 2204e of this title and subsections (a) and (b)(1) of section 6981 of this title;(B) sections 5692 and 5693 of this title; and(C)section 590h(b)(5) of title 16.(b) Cost-benefit analysis required for name change(1) Analysis requiredExcept 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) ExceptionParagraph (1) shall not apply with respect to any name change required or authorized by this chapter.
(c) Public comment on proposed reorganizationTo 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—(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 transfersSubject to paragraph (2), as part of the transfer or delegation of a function of the Department made or authorized by this chapter, 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 transferSection 1531 of title 31 shall apply to any transfer of funds under paragraph (1).
(e) Exhaustion of administrative appealsNotwithstanding 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.(Pub. L. 103–354, title II, § 212, Oct. 13, 1994, 108 Stat. 3210; Pub. L. 110–234, title VII, § 7511(c)(27), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(27), June 18, 2008, 122 Stat. 1664, 2031.)Editorial NotesReferences in TextSection 6911 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, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables.
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),”.
Statutory Notes and Related SubsidiariesEffective 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, 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.
Notes of Decisions
Dawson Farms, LLC v. Farm Serv. Agency, 504 F.3d 592 (5th Cir. 2007).
· cites it 18× “The threshold question in this case is whether 7 U.S.C. § 6912 (e) — providing that a person shall exhaust administrative appeal procedures before bringing a court action against the Secretary of Agriculture, his department or his delegate — -is a jurisdictional prerequisite to…”
Munsell v. Dep't of Agric., 509 F.3d 572 (D.C. Cir. 2007).
· cites it 13× “The District Court declined to rule on standing and mootness and instead granted the motion to dismiss *575 on exhaustion grounds.”
Washington Gas Light Co. v. Pub. Serv. Comm'n, 982 A.2d 691 (D.C. 2009).
· cites it 12× “According to 7 U.S.C. § 6912 (e), "a person shall exhaust all administrative appeal procedures established by the Secretary [of Agriculture] or required by law before the person may bring an action in a court of competent jurisdiction.”
Joe Fleming v. AGRI, 987 F.3d 1093 (D.C. Cir. 2021).
· cites it 6× “” 7 U.S.C. § 6912 (e). That provision imposes a mandatory exhaustion rule, such that a court cannot excuse a party’s failure to exhaust, no matter the reason.”
In Re 2000 Sugar Beet Crop Ins. Litig., 228 F. Supp. 2d 999 (D. Minnesota 2002).
· cites it 13× “In 7 U.S.C. § 6912 (e), Congress expressly requires exhaustion of administrative appeals before a lawsuit may be brought against an agency of the Department of Agriculture.”
Beharry v. Ashcroft, 329 F.3d 51 (2d Cir. 2003).
· cites it 3× “In Bastek , this Court stated that a failure to meet the statutory exhaustion requirement of the Federal Crop Insurance Act, 7 U.S.C. § 6912 (e), could not be excused.”
St. Bernard Par. Gov't v. United States, 916 F.3d 987 (Fed. Cir. 2019).
· cites it 2× “7 U.S.C. § 6912 (e). Finally, in section 6999, the statute granted a right to judicial review of the *992 agency's final administrative decision.”
Jarita Mesa Livestock Grazing Ass'n v. United States Forest Serv., 61 F. Supp. 3d 1013 (D.N.M. 2014).
· cites it 11× “eedings, because a claim' is not exempt from the administrative-exhaustion requirement merely because it is constitutional in nature, and because the administrative-exhaustion requirement is mandatory and thus not subject to judicial waiver, the Court will dismiss without…”
McBride Cotton & Cattle Corp. v. Veneman, 290 F.3d 973 (9th Cir. 2002).
· cites it 9× “Instead, the district court dismissed the entities’ complaint for lack of subject matter jurisdiction, because of their failure to exhaust administrative remedies under 7 U.S.C. § 6912 (e). We hold that the exhaustion requirement of 7 U.”
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