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7 U.S.C. § 228Authority of Secretary

submitted 105 years ago by ch. 64 to r/title-7-AGRICULTURE · 485 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture can make rules, hire staff, and spend money to run this chapter of the law, which covers livestock and meat markets. The Secretary must testify to Congress each year to justify the budget request, and must hold related hearings close to the people affected.

This section gives the Secretary of Agriculture power to run and enforce this chapter, which deals with livestock, meat, and related markets. (a) Rules, staffing, and spending. The Secretary may issue rules, regulations, and orders needed to carry out this chapter, and may work with other federal agencies, states, territories, and any person. The Secretary can hire, fire, and set pay for staff (as long as that doesn't conflict with existing law), and can spend money on things like rent outside Washington, D.C., printing, phones, reference books, furniture, office supplies, and travel, as needed to run the chapter — with Congress authorized to appropriate whatever funds are necessary. (b) Deductions for promotion and research. The Secretary's authority under this chapter does not reach deductions taken from sales proceeds to fund promotion, research, or education programs about livestock, meat, and related products. (c) Yearly budget testimony. By February 15 each year, starting in 1977 (or another date a committee sets), the Secretary of Agriculture must testify before the Senate and House Agriculture Committees and justify, in detail, the budget requested for the next year under this chapter. (d) Rules for hearing locations. Within 60 days after September 13, 1976, the Secretary had to create rules making sure that any hearing that could lead to an order under this chapter, or that's paid for with funds under this chapter, happens in the right place: within the local government's boundaries if the hearing concerns just that local government or its residents; within the relevant area's boundaries if it concerns just one geographic area within a state; or within the state if it concerns just that state. (e) Definitions for subsection (d). A "unit of local government" means a county, city, town, township, village, or similar government body below the state level. A "geographic area within a State" means a special district or region recognized for government purposes that is not itself a unit of local government.
the actual law source: uscode.house.gov ↗public domain
(a) Rules, regulations, and expenditures; appropriations

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, office equipment, travel, and other supplies and expenses as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress, and there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose.

(b) Deductions from proceeds for financing promotional, educational, and research activities

Notwithstanding any other provision of law, the authority of the Secretary under this chapter shall not apply to deductions made from sales proceeds for the purpose of financing promotion and research activities, including educational activities relating to livestock, meat, and other products covered by the chapter.

(c) Budget estimate; testimony of Secretary before Congressional committees

On or before February 15 of each calendar year beginning with calendar year 1977, or such other date as may be specified by the appropriate committee, the Secretary of Agriculture shall testify before the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture and provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purposes authorized in this chapter.

(d) Development and promulgation of rules governing hearings

The Secretary shall, not later than sixty days after September 13, 1976, prescribe and implement rules to assure that any hearing from which any order may issue under this chapter or any hearing the expenses of which are paid from funds authorized to be appropriated under this chapter shall—

(1)

if such hearing concerns a single unit of local government or the residents thereof, be held within the boundaries of such unit;

(2)

if such hearing concerns a single geographic area within a State or the residents thereof, be held within the boundaries of such area; or

(3)

if such hearing concerns a single State or the residents thereof, be held within such State.

(e) Definitions

For the purposes of subsection (d)—

(1)

the term “unit of local government” means a county, municipality, town, township, village, or other unit of general government below the State level; and

(2)

the term “geographic area within a State” means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.

Source credit: (Aug. 15, 1921, ch. 64, title IV, § 407, 42 Stat. 169; Pub. L. 85–909, § 4, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 88–61, July 8, 1963, 77 Stat. 79; Pub. L. 94–410, § 11, Sept. 13, 1976, 90 Stat. 1252; Pub. L. 103–354, title II, § 293(b), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 103–437, § 4(a)(2), Nov. 2, 1994, 108 Stat. 4581.)

history & why it existsrecord from the source credit
  • 1921Enacted · Act of Aug. 15, 1921, ch. 64 · 42 Stat. 169
  • 1958Amended · Pub. L. 85-909 · 72 Stat. 1750
  • 1963Amended · Pub. L. 88-61 · 77 Stat. 79
  • 1976Amended · Pub. L. 94-410 · 90 Stat. 1252
  • 1994Amended · Pub. L. 103-354 · 108 Stat. 3237
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4581

A history note hasn’t been published yet. The record shows enactment by ch. 64 on 1921-08-15.

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