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7 U.S.C. § 2202 — Executive Department; Secretary

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2202 — Executive Department; Secretary

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Page 1429 TITLE 7—AGRICULTURE § 2203 or sale, respectively, of national forest lands under the provisions of law referred to in subsections (a), (b), (e), (f), (g), and (j) of section 1, hereof, the Secretary of the Interior, upon the recommendation of the Secretary of Agriculture, shall issue the patent therefor. ‘‘(e) All conveyances under the Act referred to in sub- section (h) of section 1 hereof of national forest lands reserved from the public domain shall, upon rec- ommendation of the Secretary of Agriculture, be made by the Secretary of the Interior.’’ REORGANIZATION PLAN NO. 2 OF 1953 Eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, as amend- ed Oct. 15, 1982, Pub. L. 97–325, § 8(d), 96 Stat. 1606; Oct. 13, 1994, Pub. L. 103–354, title II, § 218(e)(1), 108 Stat. 3213 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 25, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.]. DEPARTMENT OF AGRICULTURE SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY (a) Subject to the exceptions specified in subsection (b) of this section, there are hereby transferred to the Secretary of Agriculture all functions not now vested in him of all other officers, and of all agencies and em- ployees, of the Department of Agriculture. (b) This section shall not apply to the functions vest- ed by the Administrative Procedure Act (5 U.S.C. 1001 et seq.) [5 U.S.C. 551 et seq. and 701 et seq.] in hearing examiners employed by the Department of Agriculture nor to the functions of (1) corporations of the Depart- ment of Agriculture, (2) the boards of directors and offi- cers of such corporations, (3) the Advisory Board of the Commodity Credit Corporation, or (4) the Farm Credit Administration or any agency, officer, or entity of, under, or subject to the supervision of the said adminis- tration. SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE [Repealed. Pub. L. 103–354, title II, § 218(e)(1), Oct. 13, 1994, 108 Stat. 3213. Section authorized the appointment of two additional Assistant Secretaries of Agriculture. See section 6918 of this title.] SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY [Repealed. Pub. L. 97–325, § 8(d), Oct. 15, 1982, 96 Stat. 1606. Section authorized the appointment of an Admin- istrative Assistant Secretary of Agriculture. See sec- tion 2212c of this title.] SEC. 4. DELEGATION OF FUNCTIONS (a) The Secretary of Agriculture may from time to time make such provisions as he shall deem appro- priate authorizing the performance by any other offi- cer, or by any agency or employee, of the Department of Agriculture of any function of the Secretary, includ- ing any function transferred to the Secretary by the provisions of this reorganization plan. (b) To the extent that the carrying out of subsection (a) of this section involves the assignment of major functions or major groups of functions to major con- stituent organizational units of the Department of Ag- riculture, now or hereafter existing, or to the heads or other officers thereof, and to the extent deemed prac- ticable by the Secretary, he shall give appropriate ad- vance public notice of delegations of functions proposed to be made by him and shall afford appropriate oppor- tunity for interested persons and groups to place before the Department of Agriculture their views with respect to such proposed delegations. (c) In carrying out subsection (a) of this section the Secretary shall seek to simplify and make efficient the operation of the Department of Agriculture, to place the administration of farm programs close to the State and local levels, and to adapt the administration of the programs of the Department to regional, State, and local conditions. SEC. 5. INCIDENTAL TRANSFERS The Secretary of Agriculture may from time to time effect such transfers within the Department of Agri- culture of any of the records, property, and personnel affected by this reorganization plan and such transfers of unexpended balances (available or to be made avail- able for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan; but such un- expended balances so transferred shall be used only for the purposes for which such appropriation was origi- nally made. § 2202. Executive Department; Secretary The Department of Agriculture shall be an ex- ecutive department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department; and all laws and parts of laws relat- ing to the Department of Agriculture in exist- ence February 9, 1889, as far as the same are ap- plicable and not in conflict with this section, and only so far, are continued in full force and effect. (Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659.) Editorial Notes REFERENCES IN TEXT Title 4 of the Revised Statutes, referred to in text, was entitled ‘‘Provisions Applicable to All Executive Departments, and consisted of R.S. §§ 158 to 198. For provisions of the Code derived from such title 4, see sec- tions 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to 3349, 5535, 5536 of Title 5, Government Organization and Employees; section 207 of Title 18, Crimes and Criminal Procedure; sections 514, 520 of Title 28, Judiciary and Judicial Procedure; section 3321 of Title 31, Money and Finance. CODIFICATION Section was formerly classified to section 512 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of Agriculture are un- able to perform functions and duties of office of Sec- retary, see Ex. Ord. No. 13542, May 13, 2010, 75 F.R. 27921, listed in a table under section 3345 of Title 5, Govern- ment Organization and Employees. § 2203. Seal The Secretary of Agriculture is authorized and directed to procure a proper seal, with such suit-

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

Page 246 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 913 amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished busi- ness of the respective House until disposed of. (b) Debate on the resolution, and on all debat- able motions and appeals in connection there- with, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a mo- tion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. (c) Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in ac- cordance with the rules of the appropriate House, the vote on final passage of the resolu- tion shall occur. (d) Appeals from the decisions of the Chair re- lating to the application of the rules of the Sen- ate or the House of Representatives, as the case may be, to the procedure relating to a resolu- tion with respect to a reorganization plan shall be decided without debate. (e) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganiza- tion plan from the other House, then— (1) the

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

Page 105 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 551 to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act [Aug. 5, 1985], except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(1)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act. ‘‘(c) APPLICABILITY OF AMENDMENTS TO PRIOR BOARD OF CONTRACTS APPEALS CASES.—Section 504(b)(1)(C)(ii) of title 5, United States Code, as added by section 1(c)(2) of this Act, and section 2412(d)(2)(E) of title 28, United States Code, as added by section 2(c)(2) of this Act, shall apply to any adversary adjudication pending on or commenced on or after October 1, 1981, in which applications for fees and other expenses were timely filed and were dismissed for lack of jurisdiction.’’ EFFECTIVE DATE Pub. L. 96–481, title II, § 208, Oct. 21, 1980, 94 Stat. 2330, as amended by Pub. L. 99–80, § 5, Aug. 5, 1985, 99 Stat. 186, provided that: ‘‘This title and the amendments made by this title [see Short Title note below] shall take effect of [on] October 1, 1981, and shall apply to any adversary adjudication, as defined in section 504(b)(1)(C) of title 5, United States Code, and any civil action or adversary adjudication described in section 2412 of title 28, United States Code, which is pending on, or commenced on or after, such date. Awards may be made for fees and other expenses incurred before Oc- tober 1, 1981, in any such adversary adjudication or civil action.’’ Pub. L. 96–481, title II, § 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided that effective Oct. 1, 1984, this sec- tion is repealed

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 901 — Purpose

**(a)** The Congress declares that it is the policy of the United States— (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. **(b)** Congress declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. **(c)** It is the intent of Congress that the President should provide appropriate means for broad citizen advice and participation in restructuring and reorganizing the executive branch. **(d)** The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 901 — Purpose

Page 235 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 901 1 So in original. Does not conform to section catchline. Sec. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plan. 905. Limitations on powers.1 906. Effective date and publication of reorganiza- tion plans. 907. Effect on other laws, pending legal pro- ceedings, and unexpended appropriations. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Introduction and reference of resolution. 911. Discharge of committee considering resolu- tion. 912. Procedure after report or discharge of com- mittee; debate; vote on final passage. [913. Omitted.] Editorial Notes AMENDMENTS 1984—Pub. L. 98–614, § 3(e)(3), Nov. 8, 1984, 98 Stat. 3193, substituted ‘‘passage’’ for ‘‘disapproval’’ in item 912. 1977—Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29, reen- acted chapter heading and items 901 to 903, 905 to 909, and 911 without change, substituted ‘‘plan’’ for ‘‘plans’’ in item 904 and ‘‘Introduction and reference of resolu- tion’’ for ‘‘Reference of resolution to committee’’ in item 910, inserted ‘‘; vote on final disapproval’’ in item 912, and omitted item 913 ‘‘Decisions without debate on motion to postpone or proceed’’. § 901. Purpose (a) The Congress declares that it is the policy of the United States— (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and func- tions, and the expeditious administration of the public business; (2) to reduce expenditures and promote econ- omy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the oper- ations of the Governm

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2202 — Executive Department; Secretary

The Department of Agriculture shall be an executive department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department; and all laws and parts of laws relating to the Department of Agriculture in existence February 9, 1889, as far as the same are applicable and not in conflict with this section, and only so far, are continued in full force and effect.

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