§ 113a. — Establishment of research laboratories for footandmouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 21USC113a]
TITLE 21--FOOD AND DRUGS
CHAPTER 4--ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
SUBCHAPTER III--PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION
Sec. 113a. Establishment of research laboratories for foot-and-
mouth disease and other animal diseases; research contracts;
employment of technicians and scientists; appropriations
The Secretary of Agriculture is authorized to establish research
laboratories, including the acquisition of necessary land, buildings, or
facilities, and also the making of research contracts under the
authority contained in section 427i(a) of title 7, for research and
study, in the United States or elsewhere, of foot-and-mouth disease and
other animal diseases which in the opinion of the Secretary constitute a
threat to the livestock industry of the United States: Provided, That no
live virus of foot-and-mouth disease may be introduced for any purpose
into any part of the mainland of the United States (except coastal
islands separated therefrom by water navigable for deep-water navigation
and which shall not be connected with the mainland by any tunnel) unless
the Secretary determines that it is necessary and in the public interest
for the conduct of research and study in the United States (except at
Brookhaven National Laboratory in Upton, New York) and issues a permit
under such rules as the Secretary shall promulgate to protect animal
health, except that the Secretary of Agriculture may transport said
virus in the original package across the mainland under adequate
safeguards, and except further, that in the event of outbreak of foot-
and-mouth disease in this country, the Secretary of Agriculture may, at
his discretion, permit said virus to be brought into the United States
under adequate safeguards. To carry out the provisions of this section,
the Secretary is authorized to employ technical experts or scientists:
Provided, That the number so employed shall not exceed five and that the
maximum compensation for each shall not exceed the highest rate of grade
18 of the General Schedule. There is authorized to be appropriated such
sums as Congress may deem necessary; in addition, the Secretary is
authorized to utilize in carrying out this section, funds otherwise
available for the control or eradication of such diseases.
(May 29, 1884, ch. 60, Sec. 12, as added Apr. 24, 1948, ch. 229, 62
Stat. 198; amended July 31, 1956, ch. 804, title I, Sec. 119, 70 Stat.
742; Pub. L. 85-573, July 31, 1958, 72 Stat. 454; Pub. L. 87-793,
Sec. 1001(e), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III,
Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 101-624, title XVI,
Sec. 1618(b), Nov. 28, 1990, 104 Stat. 3733.)
Codification
Provisions that authorized the Secretary to employ technical experts
and scientists ``without regard to the Classification Act'', meaning the
Classification Act of 1923, 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 exception contained in this
section because of section 1106(b) which 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. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (the first
section of which revised and enacted Title 5, Government Organization
and Employees, 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.
Amendments
1990--Pub. L. 101-624 substituted ``United States (except'' for
``United States except'' and ``tunnel) unless the Secretary determines
that it is necessary and in the public interest for the conduct of
research and study in the United States (except at Brookhaven National
Laboratory in Upton, New York) and issues a permit under such rules as
the Secretary shall promulgate to protect animal health,'' for ``tunnel,
and''.
1962--Pub. L. 87-793 substituted ``shall not exceed the highest rate
of grade 18 of the General Schedule'' for ``shall not exceed $19,000 per
annum''.
1958--Pub. L. 85-573 inserted in proviso clause of first sentence
the exception clause respecting transportation of virus in original
package across mainland under adequate safeguards.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962.
Repeals
Act July 31, 1956, ch. 804, title I, Sec. 119, 70 Stat. 742, which
increased the maximum compensation of technical experts or scientists,
was repealed by Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964,
78 Stat. 422.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 113, 114, 118, 119, 136a of
this title.
