
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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.
    (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), were repealed by Pub. L. 87-581, title II, Sec. 203, Aug. 13, 1962, 
76 Stat. 360. See sections 328, 330, and 332 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.
