dreamproit/uscode huggingface dataset:
7 U.S.C. § 2215 (AGRICULTURE)
§ 2215. Chief clerk
The Secretary of Agriculture shall appoint a chief clerk.
(R.S. § 523; Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659; Feb. 10, 1925, ch. 200, 43 Stat. 822.)
heading: Codification
text: R.S. § 523 derived from act May 15, 1862, ch. 72, § 4, 12 Stat. 388.
Section was formerly classified to section 519 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.
heading: Change of Name
text: “Secretary of Agriculture” substituted in text for “Commissioner of Agriculture” pursuant to sections 1 and 4 of act Feb. 9, 1889, which are classified to section 2202 of this title. See, also, section 2205 of this title.
7 U.S.C. § 2216 (AGRICULTURE)
§ 2216. Repealed. Pub. L. 92–310, title II, § 221(a), June 6, 1972, 86 Stat. 205
text: Section, R.S. § 524; acts Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807; May 10, 1934, ch. 277, § 512(b), 48 Stat. 759, related to the bond of the chief clerk of the Department of Agriculture.
text: Section was formerly classified to section 520 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.
7 U.S.C. § 2217 (AGRICULTURE)
§ 2217. Oaths, affirmations, and affidavits taken by officers, agents, or employees of Department; use and effect
Such officers, agents, or employees of the Department of Agriculture of the United States as are designated by the Secretary of Agriculture for the purpose are authorized and empowered to administer to or take from any person an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of any law committed to or which may be committed to the Secretary of Agriculture or the Department of Agriculture or any bureau or subdivision thereof for administration. Any such oath, affirmation, or affidavit administered or taken by or before such officer, agent, or employee when certified under his hand and authenticated by the seal of the Department of Agriculture may be offered or used in any court of the United States and shall have like force and effect as if administered or taken before a clerk of such court without further proof of the identity or authority of such officer, agent, or employee.
(Jan. 31, 1925, ch. 124, § 1, 43 Stat. 803.)
heading: Codification
text: Section was formerly classified to section 521 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.
heading: Department of the Interior Personnel
text: Provisions of this section were made applicable to such officers, agents, or employees of Department of the Interior performing functions of former Bureau of Biological Survey as are designated by Secretary of the Interior for purposes named herein by 1939 Reorg. Plan No. II, § 4(g), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401 to 404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds. Bureau of Biological Survey was subsequently consolidated with Bureau of Fisheries into Fish and Wildlife Service in Department of the Interior by 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, also set out in the Appendix to Title 5.
7 U.S.C. § 2218 (AGRICULTURE)
§ 2218. Fee for administering or taking oaths, affirmations, and affidavits
No officer, agent, or employee of the Department of Agriculture shall demand or accept any fee or compensation whatsoever for administering or taking any oath, affirmation, or affidavit under the authority conferred by section 2217 of this title.
(Jan. 31, 1925, ch. 124, § 2, 43 Stat. 803.)
heading: Codification
text: Section was formerly classified to section 522 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.
heading: Transfer of Functions
text: Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, 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.
heading: Department of the Interior Personnel
text: Application to Department of the Interior employees, see note under section 2217 of this title.
7 U.S.C. § 2219 (AGRICULTURE)
§ 2219. Salaries; how paid
The Secretary of Agriculture is authorized and directed to pay the salary of each employee from the roll of the bureau, independent division, or office in which the employee is working, and no other.
(Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)
heading: Codification
text: Section was formerly classified to section 528 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.
7 U.S.C. § 2219a (AGRICULTURE)
§ 2219a. Overtime and holiday pay
(a) In general
The Secretary of Agriculture may—
(1) pay employees of the Department of Agriculture employed in an establishment subject to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) for all overtime and holiday work performed at the establishment at rates determined by the Secretary, subject to applicable law relating to minimum wages and maximum hours; and
(2) accept from the establishment reimbursement for any sums paid by the Secretary for the overtime and holiday work, at rates determined under paragraph (1).
(b) Availability
Sums received by the Secretary under this section shall remain available until expended without further appropriation and without fiscal year limitation, to carry out subsection (a) of this section.
(Pub. L. 107–171, title X, § 10703(a), (b), May 13, 2002, 116 Stat. 517.)
heading: References in Text
text: The Federal Meat Inspection Act, referred to in subsec. (a)(1), is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, and amended, which are classified generally to subchapters I to IV (§ 601 et seq.) of chapter 12 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables.
The Poultry Products Inspection Act, referred to in subsec. (a)(1), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, as amended, which is classified generally to chapter 10 (§ 451 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 451 of Title 21 and Tables.
7 U.S.C. § 2220 (AGRICULTURE)
§ 2220. Certain officials and employees of Department and others not subject to restriction on payment of compensation to Government officials and employees
The officials and the employees of the Department of Agriculture engaged in the activities described in section 450b of this title and paid in whole or in part out of funds contributed as provided therein, and the persons, corporations, or associations making contributions as therein provided, shall not be subject to the provisions of section 209 of title 18; nor shall any official or employee engaged in the cooperative activities of the Forest Service, or the persons, corporations, or associations contributing to such activities be subject to such section.
(July 24, 1919, ch. 26, 41 Stat. 270; Sept. 3, 1954, ch. 1263, § 5, 68 Stat. 1227.)
heading: Codification
text: “Section 209 of title 18” substituted in text for “section 1914 of title 18” on authority of section 2 of Pub. L. 87–849, Oct. 23, 1962, 76 Stat. 1126, which repealed section 1914 and supplanted it with section 209, and which provided that exemptions from section 1914 shall be deemed exemptions from section 209. For further details, see Exemptions note set out under section 203 of Title 18, Crimes and Criminal Procedure.
Section was formerly classified to sections 67 and 564 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. Thereafter, section was classified to section 450h of this title prior to its transfer to this section.
heading: Amendments
text: 1954—Act Sept. 3, 1954, substituted “section 1914 of title 18” for reference to proviso in Act of March 3, 1917 (5 U.S.C. 66).
7 U.S.C. § 2221 (AGRICULTURE)
§ 2221. Details of persons from or to office of Secretary
Details may be made from or to the office of the Secretary when necessary and the services of the person whom it is proposed to detail are not required in that office.
(Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)
heading: Codification
text: Section was formerly classified to section 530 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.
7 U.S.C. § 2222 (AGRICULTURE)
§ 2222. Details of law clerks
Law clerks may be detailed by the Secretary of Agriculture for service in or out of Washington.
(Mar. 4, 1911, ch. 238, 36 Stat. 1236.)
heading: Codification
text: Section was formerly classified to section 531 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.
7 U.S.C. § 2223 (AGRICULTURE)
§ 2223. Details of employees from and to library and bureaus and offices
Employees of the library may be temporarily detailed by the Secretary of Agriculture for library service in the bureaus and offices of the department, and employees of the bureaus and offices of the department engaged in library work may also be temporarily detailed to the library.
(Mar. 4, 1911, ch. 238, 36 Stat. 1261.)
heading: References in Text
text: The library, referred to in text, is the library of the Department of Agriculture, known as the National Agricultural Library.
heading: Codification
text: Section was formerly classified to section 532 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.
heading: Transfer of Functions
text: Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, 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.
7 U.S.C. § 2224 (AGRICULTURE)
§ 2224. Details of employees from and to Division of Accounts and Disbursements and bureaus and offices; traveling expenses
Employees of the Division of Accounts and Disbursements may be detailed by the Secretary of Agriculture for accounting and disbursing work in any of the bureaus and offices of the department for duty in or out of the city of Washington, and employees of the bureaus and offices of the department may also be detailed to the Division of Accounts and Disbursements for duty in or out of the city of Washington, traveling expenses of employees so detailed to be paid from the appropriation of the bureau or office in connection with which such travel is performed.
(Aug. 10, 1912, ch. 284, 37 Stat. 294.)
heading: References in Text
text: The Division of Accounts and Disbursements, referred to in text, was a division of the Department of Agriculture at the time of enactment of this section. The activities of that Division are now performed by the various departmental offices in the Department of Agriculture under the Assistant Secretary of Agriculture for Administration. In a similar consolidation of operations, but one carried out in a different department, the Division of Disbursement and certain other offices and agencies and their functions in the Treasury Department were consolidated into the Fiscal Service of the Treasury Department by 1940 Reorg. Plan No. III, § 1(a), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees.
heading: Codification
text: Section was formerly classified to section 533 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.
heading: Transfer of Functions
text: Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, 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.
7 U.S.C. § 2224a (AGRICULTURE)
§ 2224a. Utilization of employees of agencies for part-time and intermittent assistance to other agencies; exclusion of overtime resulting from natural disasters from staff year ceilings
On and after October 28, 1991, notwithstanding any other provision of law, employees of the agencies of the Department of Agriculture, including employees of the Agricultural Stabilization and Conservation county committees, may be utilized to provide part-time and intermittent assistance to other agencies of the Department, without reimbursement, during periods when they are not otherwise fully utilized, and ceilings on full-time equivalent staff years established for or by the Department of Agriculture shall exclude overtime as well as staff years expended as a result of carrying out programs associated with natural disasters, such as forest fires, droughts, floods, and other acts of God.
(Pub. L. 102–142, title VII, § 711, Oct. 28, 1991, 105 Stat. 912.)
7 U.S.C. § 2225 (AGRICULTURE)
§ 2225. Employment of temporary personnel
The Department of Agriculture may employ persons or organizations, on a temporary basis, by contract or otherwise: Provided, That no expenditures for such temporary employment shall be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein.
(Sept. 21, 1944, ch. 412, title VII, § 706(a), 58 Stat. 742; Ex. Ord. No. 9577, June 29, 1945, 10 F.R. 4253.)
heading: Codification
text: This section was enacted as a part of the Department of Agriculture Organic Act of 1944.
First sentence of section which related to the authority of the War Food Administrator to employ personnel was omitted on the authority of Ex. Ord. No. 9577, which terminated the War Food Administration.
The exception from “the Classification Act of 1923, as amended” was omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949 (63 Stat. 972, 973) repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exception contained in this section because of section 1106(b) that provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–544, § 8(a), Sept. 6, 1966, 80 Stat. 632 (section 1 of which revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 now contains the applicability provisions of the 1949 Act.
Section was formerly classified to section 574 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.
heading: Transfer of Functions
text: Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, 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.
7 U.S.C. § 2225a (AGRICULTURE)
§ 2225a. Contracts for consulting services
On and after October 28, 1991, the expenditure of any appropriation for the Department of Agriculture for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
(Pub. L. 102–142, title VII, § 701, Oct. 28, 1991, 105 Stat. 911.)
7 U.S.C. § 2225b (AGRICULTURE)
§ 2225b. Personal service contracts for veterinarians
On and after October 28, 1991, provisions of law prohibiting or restricting personal services contracts shall not apply to veterinarians employed by the Department to take animal blood samples, test and vaccinate animals, and perform branding and tagging activities on a fee-for-service basis.
(Pub. L. 102–142, title VII, § 723, Oct. 28, 1991, 105 Stat. 913.)
7 U.S.C. § 2225c (AGRICULTURE)
§ 2225c. Employment contracts for services abroad
On and after October 28, 2000, funds appropriated to the Department of Agriculture may be used to employ individuals by contract for services outside the United States as determined by the agencies to be necessary or appropriate for carrying out programs and activities abroad; and such contracts are authorized to be negotiated, the terms of the contract to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States. Individuals employed by contract to perform such services outside the United States shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management. Such individuals may be considered employees within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq. Further, that 1 Government service credit shall be accrued for the time employed under a Personal Service Agreement (PSA) should the individual later be hired into a permanent United States Government position within FAS or another United States Government agency if the authorities of the hiring agency so permit.
(Pub. L. 106–387, § 1(a) [title VII, § 740], Oct. 28, 2000, 114 Stat. 1549, 1549A–34.)
heading: References in Text
text: The Federal Employee Compensation Act, referred to in text, is act Sept. 7, 1916, ch. 458, 39 Stat. 742, as amended, which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
heading: Availability of Foreign Agricultural Service Funds
text: Pub. L. 100–202, § 101(k) [title IV], Dec. 22, 1987, 101 Stat. 1329–322, 1329–350, as amended by Pub. L. 105–277, div. A, § 101(a) [title VII, § 750], Oct. 21, 1998, 112 Stat. 2681, 2681–32, provided in part: “That funds available to the Foreign Agricultural Service under this and subsequent appropriations Acts shall be available to contract with individuals for services to be performed outside the United States as determined by the Service to be necessary or appropriate for carrying out programs and activities abroad. On or after August 1, 1998 such individuals employed by contract to perform such services shall not, by virtue of such employment, be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management. Such individuals may be considered employees within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq.”
7 U.S.C. § 2225d (AGRICULTURE)
§ 2225d. Availability of Department of Agriculture funds for temporary employment
On and after November 10, 2005, funds appropriated by this or any other Appropriations Act to the Department of Agriculture (excluding the Forest Service) shall be available for employment pursuant to the second sentence of section 2225 of this title and section 3109 of title 5.
(Pub. L. 109–97, title VII, § 703, Nov. 10, 2005, 119 Stat. 2149.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. A, title VII, § 703, Dec. 8, 2004, 118 Stat. 2838.
Pub. L. 108–199, div. A, title VII, § 703, Jan. 23, 2004, 118 Stat. 31.
Pub. L. 108–7, div. A, title VII, § 703, Feb. 20, 2003, 117 Stat. 38.
7 U.S.C. § 2226 (AGRICULTURE)
§ 2226. Employment of persons for forest fire fighting, pest control, and handling of animals
Notwithstanding any other provisions of law, the Department is authorized on and after August 31, 1951, to employ or otherwise contract with persons at regular rates of pay for necessary hours of work for emergency forest fire fighting and pest control and for handling of animals, including dairy cattle, without regard to Sundays, Federal holidays, and the regular workweek.
(Aug. 31, 1951, ch. 374, title IV, § 407, 65 Stat. 246.)
heading: Codification
text: Section was formerly classified to section 574a 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.
7 U.S.C. § 2227 (AGRICULTURE)
§ 2227. Traveling expenses
The Secretary of Agriculture is authorized to purchase from appropriations made for traveling expenses for employees of the Department of Agriculture, mileage and mileage books, at commercial rates, in the manner in which such mileage or mileage books are usually purchased.
(Mar. 4, 1907, ch. 2907, 34 Stat. 1281.)
heading: Codification
text: Section was formerly classified to section 538 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.
heading: Repeal
text: Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821 to 823, and 827 to 833 of former Title 5, which are now covered by sections 102, 105, 2105, 2106, 5701, 5705, 5707 and 5708 of Title 5, Government Organization and Employees, they were repealed by section 829 of former Title 5, which is now covered by section 5708 of Title 5.
7 U.S.C. § 2228 (AGRICULTURE)
§ 2228. Emergency subsistence for employees
The Department of Agriculture is authorized to furnish subsistence to employees without consideration as, or deduction from, the compensation of such employees where warranted by emergency condition connected with the work under such regulations as the Secretary of Agriculture may prescribe.
(Aug. 3, 1956, ch. 950, § 5, 70 Stat. 1033.)
heading: Codification
text: Section was formerly classified to section 541d 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.
7 U.S.C. § 2229 (AGRICULTURE)
§ 2229. Travel and per diem expenses of temporary or seasonal employees
Under such regulations as may be prescribed by the Secretary of Agriculture, funds available to the Department of Agriculture may be used for the payment of transportation expenses and per diem in lieu of subsistence expenses, in accordance with subchapter I of chapter 57 of title 5, for travel between places of recruitment and duty, and while at places of duty, of persons appointed for temporary or seasonal services in inspection, classing or grading agricultural commodities.
(Aug. 3, 1956, ch. 950, § 12, 70 Stat. 1034.)
heading: Codification
text: Section was formerly classified to section 541e 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.
“Subchapter I of chapter 57 of title 5” substituted in text for “the Travel Expense Act of 1949” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.