§ 172. — Authorization of Secretary to appoint employees; delegation of powers; cooperation with other agencies; allotment of funds; leases of facilities and disposal of water.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC172]
TITLE 7--AGRICULTURE
CHAPTER 8A--RUBBER AND OTHER CRITICAL AGRICULTURAL MATERIALS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 172. Authorization of Secretary to appoint employees;
delegation of powers; cooperation with other agencies; allotment
of funds; leases of facilities and disposal of water
(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 171 to 173 of this title. Such appointments may
be made without regard to the provisions of the civil-service laws.
(Sections 321, 322, 324, and 325a of title 40 \1\ shall not apply to any
nursery, planting, cultivating or harvesting operations conducted
pursuant to sections 171 to 173 of this title.) All appointments so made
by the Secretary shall be made only on the basis of merit and
efficiency.
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\1\ See References in Text note below.
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(b) The Secretary may delegate any of the powers and duties
conferred on him by sections 171 to 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 171 to 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 171 to 173 of this title, any funds made available to him under
said sections.
(e) In carrying out the provisions of sections 171 to 173 of this
title the Secretary shall have all of the authority conferred upon him
by section 502 of title 16.
(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
171 to 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.
(Mar. 5, 1942, ch. 140, Sec. 2, 56 Stat. 127; Oct. 20, 1942, ch. 617,
Secs. 5-7, 56 Stat. 797.)
References in Text
The civil service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Sections 321, 322, 324, and 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, Sec. 203, Aug. 13, 1962, 76 Stat.
360. See sections 3702, 3703, and 3708 of Title 40, Public Buildings,
Property, and Works.
Codification
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, Sec. 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.
Amendments
1942--Subsec. (a). Act Oct. 20, 1942, Secs. 5, 7, substituted
``other countries'' for ``countries in the Western Hemisphere'' and
inserted sentence relating to inapplicability of certain sections of
title 40.
Subsecs. (e), (f). Act Oct. 20, 1942, Sec. 6, added subsecs. (e) and
(f).
Transfer of Functions
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, Sec. 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 173, 175 of this title.
