(a)The Secretary is authorized to appoint such employees, including citizens of other countries, as may be necessary for carrying out the provisions of sections
173 of this title. Such appointments may be made without regard to the provisions of the civil-service laws. (Sections
325a of title
40 shall not apply to any nursery, planting, cultivating or harvesting operations conducted pursuant to sections
173 of this title.) All appointments so made by the Secretary shall be made only on the basis of merit and efficiency.
(b)The Secretary may delegate any of the powers and duties conferred on him by sections
173 of this title to any agency or bureau of the Department of Agriculture.
(c)The Secretary, with the consent of any board, commission, independent establishment, corporation, or executive department of the Government, including any field service thereof, may avail himself of the use of information, services, facilities, officers and employees thereof, in carrying out the provisions of sections
173 of this title.
(d)The Secretary may allot to bureaus and offices of the Department of Agriculture, or may transfer to such other agencies of the State and Federal Governments as may be requested by him to assist in carrying out sections
173 of this title, any funds made available to him under said sections.
(e)In carrying out the provisions of sections
173 of this title the Secretary shall have all of the authority conferred upon him by section
502 of title
(f)The Secretary may lease at reasonable rentals structures erected by the Government with essential facilities for such periods as such structures and facilities are not required for the purposes of sections
173 of this title; and any part of land or structures with essential facilities acquired by lease, deed, or other agreement pursuant to said sections, which are not required or suitable for the purposes of said sections during the period the United States is entitled to possession thereof may be leased or subleased at a reasonable rental; and any surplus water controlled by the United States on land owned or leased by the United States for the purposes of said sections may be disposed of at reasonable rates.
325a of title
40, referred to in subsec. (a), mean sections 321, 322, 324, and 325a of former title 40 which were repealed by Pub. L. 87–581, title II, § 203,Aug. 13, 1962, 76 Stat. 360. See sections
3708 of Title
40, Public Buildings, Property, and Works.
In the second sentence of subsec. (a), the words “and the compensation of the persons so appointed may be fixed without regard to the provisions of the Classification Act of 1923, as amended” were 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 exceptions contained in this subsection because of section
1106(b) which provided that the application of the 1949 Act of any position, officer, or employee shall not be affected by section
1106(a). The Classification Act of 1949 was repealed by Act Sept. 6, 1966, Pub. L. 89–554, § 8(a),
80 Stat. 632 (of which section
1 revised and enacted Title 5, U.S.C., into law). Section
5102 of Title
5 contains the applicability provisions of the 1949 Act, and section
5103 of Title
5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.
1942—Subsec. (a). Act Oct. 20, 1942, §§ 5,
7, substituted “other countries” for “countries in the Western Hemisphere” and inserted sentence relating to inapplicability of certain sections of title 40.
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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