Page images
PDF
EPUB

Page 1077

be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his offiical duties under this chapter shall be punished as provided under sections 1111 and 1114 of Title 18.

(c) Procedures.

For the efficient administration and enforcement of this chapter, the provisions (including penalties) of sections 46, 48, 49 and 50 of Title 15 (except paragraph (c) through (h) of section 46 of Title 15 and the last paragraph of section 49 of Title 15), and the provisions of Title II of the Organized Crime Control Act of 1970, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, including any territory, or possession thereof, the District of Columbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections 49 and 50 of Title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any district court of the United States. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in sections 2149 (b) and 2150 (b) of this title. (Pub. L. 89544, 16, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579, § 17, Dec. 24, 1970, 84 Stat. 1563.)

REFERENCES IN TEXT

Title II of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title II of Pub. L. 91-452, Oct. 15, 1970, 84 Stat. 926, which created a general federal immunity statute set out in section 6001 et seq. of Title 18, Crimes and Criminal Procedure, and repealed the individual immunity provisions formerly contained in various federal regulatory schemes.

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-579 designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, expanded coverage to include exhibitors and operators of auction sales for purposes of investigation and added provisions requiring that records, facilities, and animals be accessible to inspectors at all reasonable times at premises of dealers, research facilities, exhibitors, and operators of auction sales.

Subsecs. (b), (c). Pub. L. 91-579 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

§ 2147. Inspection by legally constituted law enforcement agencies.

The Secretary shall promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 2142 of this title to permit inspection of their

animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals. (Pub. L. 89-544, § 17, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579, § 18, Dec. 24, 1970, 84 Stat. 1564.)

AMENDMENTS

1970-Pub. L. 91-579 substituted "promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 2142 of this title" for "issue rules and regulations requiring licensed dealers and research facilities".

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

§ 2148. Repealed. Pub. L. 91-579, § 19, Dec. 24, 1970, 84 Stat. 1564.

Section, Pub. L. 89-544, § 18, Aug. 24, 1966, 80 Stat. 352, prohibited any construction of the chapter which would authorize the Secretary to promulgate rules, regulations, or orders for the handling, care, treatment, or inspection of animals during actual research or experimentation. See, now, section 2143 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section effective one year after Dec. 24, 1970, ses section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

§ 2149. Violations by dealers, exhibitors, and operators of auction sales.

(a) Cease and desist orders; license suspensions; civil penalties.

If the Secretary has reason to believe that any dealer, exhibitor, or operator of an auction sale subject to section 2142 of this title, has violated or is violating any provisions of this chapter, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may make an order that such person shall cease and desist from continuing such violation, and if such person is licensed under this chapter, the Secretary may also suspend such person's license temporarily, but not to exceed twenty-one days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. Any dealer, exhibitor, or operator of an auction sale subject to section 2142 of this title, who knowingly fails to obey a cease and desist order made by the Secretary under this section, shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues, shall be deemed a separate offense.

(b) Judicial review of final orders of Secretary.

Any dealer, exhibitor, or operator of an auction sale aggrieved by a final order of the Secretary issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the United States court of appeals for the circuit in which such person has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sections 701 to 706 of Title 5. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based.

(c) Criminal penalties.

Any dealer, exhibitor, or operator of an auction sale subject to section 2142 of this title, who violates any provision of this chapter shall, on conviction thereof, be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both. (Pub. L. 89-544, § 19, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91-579, § 20, Dec. 24, 1970, 84 Stat. 1564.)

AMENDMENTS

1970-Pub. L. 91-579 added exhibitors and operators of auction sales to the enumeration of covered persons, added civil penalties for failure to obey a cease and desist order of the Secretary, and changed the procedure for judicial review.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2146 of this title.

§ 2150. Research facility penalties and enforcement.

(a) If the Secretary has reason to believe that any research facility has violated or is violating any provision of this chapter or any of the rules, regulations, or standards promulgated by the Secretary hereunder and if, after notice and opportunity for hearing, he finds a violation, he may make an order that such research facility shall cease and desist from continuing such violation. Such cease and desist order shall become effective fifteen days after issuance of the order. Any research facility which knowingly fails to obey a cease-and-desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues shall be deemed a separate offense.

(b) Any research facility aggrieved by a final order of the Secretary, issued pursuant to subsection (a) of this section, may within sixty days after entry of such order, seek review of such order in the United States court of appeals for the circuit in which such research facility has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sections 701 to 706 of Title 5. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based. (Pub. L. 89-544, § 20, Aug. 24, 1966, 80 Stat. 353; Pub. L. 91-579, § 21, Dec. 24, 1970, 84 Stat. 1565.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-579, § 21(1), inserted reference to standards.

Subsec. (b). Pub. L. 91-579, § 21(2), substituted the United States Court of Appeals for the United States District Court as the reviewing tribunal.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2146 of this title.

§ 2151. Rules and regulations.

The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem neces

sary in order to effectuate the purposes of this chapter. (Pub. L. 89-544, § 21, Aug. 24, 1966, 80 Stat, 353.)

§ 2152. Separability of provisions.

If any provision of this chapter or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this chapter and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Pub. L. 89-544, § 22, Aug. 24, 1966, 80 Stat. 353.)

§ 2153. Fees and appropriations.

The Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued. Such fees shall be adjusted on an equitable basis taking into consideration the type and nature of the operations to be licensed and shall be deposited and covered into the Treasury as miscellaneous receipts. There are hereby authorized to be appropriated such funds as Congress may from time to time provide. (Pub. L. 89-544, § 23, Aug. 24, 1966, 80 Stat. 353.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2133, 2142 of this title.

§ 2154. Effective dates.

The regulations referred to in sections 2140 and 2143 of this title shall be prescribed by the Secretary as soon as reasonable but not later than six months from August 24, 1966. Additions and amendments thereto may be prescribed from time to time as may be necessary or advisable. Compliance by dealers with the provisions of this chapter and such regulations shall commence ninety days after the promulgation of such regulations. Compliance by research facilities with the provisions of this chapter and such regulations shall commence six months after the promulgation of such regulations, except that the Secretary may grant extensions of time to research facilities which do not comply with the standards prescribed by the Secretary pursuant to section 2143 of this title provided that the Secretary determines that there is evidence that the research facilities will meet such standards within a reasonable time. (Pub. L. 89-544, § 24, Aug. 24, 1966, 80 Stat. 353.)

§ 2155. Annual report to the President of the Senate and the Speaker of the House of Representatives. Not later than March of each year, the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives a comprehensive and detailed written report with respect to

(1) the identification of all research facilities, exhibitors, and other persons and establishments licensed by the Secretary under section 2133 and section 2142 of this title;

(2) the nature and place of all investigations and inspections conducted by the Secretary under section 2146 of this title, and all reports received by the Secretary under section 2143 of this title; and

(3) recommendations for legislation to improve the administration of this chapter or any provisions thereof.

This report as well as any supporting documents, data, or findings shall not be released to any other persons, non-Federal agencies, or organizations unless and until it has been made public by an appropriate committee of the Senate or the House of Representatives. (Pub. L. 89-544, § 25, as added Pub. L. 91-579, § 22, Dec. 24, 1970, 84 Stat. 1565.) EFFECTIVE DATE

Section effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91-579, set out as a note under section 2131 of this title.

[blocks in formation]
[blocks in formation]

2253.

[blocks in formation]

2254.

[blocks in formation]

2255.

[blocks in formation]

2256.

[blocks in formation]

2257.

[blocks in formation]

2258.

[blocks in formation]

2259.

[blocks in formation]

2260.

[blocks in formation]

2261.

[blocks in formation]

2225.

Same; from and to library and bureaus and offices. Same; from and to Division of Accounts and Disbursements and bureaus and offices. Employment of temporary personnel.

2265.

2226.

2227.

2228. 2229.

2230.

2231. 2232. 2233.

2234.

2235.

2236.

2237.

2238.

2239.

2240.

2241.

2242.

2243. 2244.

Employment of persons for forest fire fighting, pest control, and handling of animals. Traveling expenses.

Emergency subsistence for employees.

Travel and per diem expenses of temporary or seasonal employees.

Employees in Alaska; subsistence, equipment, and supplies.

Official expenses of employees stationed abroad.
Stenographic reporting service.

Funds available for expenses of advisory committees.

Purchases for bureaus from appropriations for contingent expenses.

Working capital fund established; use of central services by bureaus, etc., of the Department. Working capital fund for Agricultural Research Center; establishment.

Use of field work funds for employment of men with equipment, etc.

Use of field work funds for purchase of arms and ammunition.

Use of funds for purchase of scientific and technical articles.

[blocks in formation]

2245.

2246.

Loan, rental, or sale of films.

[blocks in formation]

Inspection or quarantine services involving overtime furnished upon a reimbursable basis. Credit of donations and proceeds from exhibitions to appropriations concerned with foreign market development programs.

Employee liability insurance on motor vehicles in

foreign countries.

National Agricultural Library; acceptance of gifts,
bequests, or devises; conditional gifts.
Deposit of money accepted for benefit of National
Agricultural Library; disbursement.

§ 2201. Establishment of Department.

There shall be at the seat of government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture, in the most general and comprehensive sense of that word, and to procure, propagate, and distribute among the people new and valuable seeds and plants. (R.S. § 520.)

TRANSFER OF FUNCTIONS FROM SECRETARY OF INTERIOR TO SECRETARY OF AGRICULTURE

Pub. L. 86-509, June 11, 1960, 74 Stat. 205, which enacted provisions of Reorganization Plan Numbered 1 of 1959, provided:

"That, except as otherwise provided in section 2 hereof, the following functions are hereby transferred to the Secretary of Agriculture:

"(a) The functions of the Secretary of the Interior under the Act of March 20, 1922, 42 Stat. 465, as amended (16 U.S.C. 485, 486), with respect to exchanges of nonFederal lands for national forest lands or timber.

"(b) The functions of the Secretary of the Interior under the Act of February 2, 1922 (42 Stat. 362), with respect to exchanges of lands in private ownership within or within six miles of the Deschutes National Forest for national forest lands, or for timber from any national forest, in the State of Oregon.

"(c) The functions of the Secretary of the Interior under the Act of June 7, 1924 (43 Stat. 643), except section 2 thereof, with respect to exchanges of privately owned lands for national forest timber in New Mexico.

"(d) The functions of the Secretary of the Interior under the Act of January 12, 1925 (43 Stat. 739), except section 2 thereof, with respect to exchanges of privately owned lands for national forest timber in New Mexico. "(e) The functions of the Secretary of the Interior under the Act of April 21, 1926 (44 Stat. 3C3), except section 2 thereof, with respect to exchanges of privately owned lands for national forest lands or timber in New Mexico and Arizona.

"(f) The functions of the Secretary of the Interior under section 2 of the Act of May 26, 1926 (44 Stat 655; 16 U.S.C. 38), with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana.

"(g) The functions of the Secretary of the Interior under the Act of June 15, 1926 (44 Stat. 746), with respect to exchanges of State lands for national forest lands in New Mexico.

"(h) The functions of the Secretary of the Interior under the Act of December 7, 1942 (56 Stat. 1042), with respect to exchange transactions in which lands under the jurisdiction of the Secretary of Agriculture are exchanged for State lands in Minnesota which are to be under the jurisdiction of the Secretary of Agriculture after their acquisition by the United States.

"(i) The function of the Secretary of the Interior (originally vested in the Commissioner of the General land Office) under section 6 of the Act of April 28, 1930 (46 Stat. 257; 43 U.S.C. 872), with respect to execution of quitclaim deeds for lands conveyed to the United States in connection with exchange transactions involving lands under the jurisdiction of the Secretary of Agriculture. "(j) The functions of the Secretary of the Interior under section 2(b) of the Joint Resolution of August 8, 1947 (61 Stat. 921), with respect to appraisals and sales of certain lands within the Tongass National Forest.

"(k) The functions of the Secretary of the Interior under section 10 of the Act of March 1, 1911 (36 Stat. 962; 16 U.S.C. 519), with respect to sales of small tracts of acquired national forest lands found chiefly valuable for agriculture.

"(1) The functions of the Secretary of the Interior under section 402 of Reorganization Plan Numbered 3 of 1946 (60 Stat. 1099), section 3 of the Act of September 1, 1949 (63 Stat. 683; 30 U.S.C. 192c), the Act of June 30, 1950 (64 Stat. 311; 16 U.S.C. 508b), section 3 of the Act of June 28, 1952 (66 Stat. 285), or otherwise, with respect to the use and disposal from lands under the jurisdiction of the Secretary of Agriculture of those mineral materials which the Secretary of Agriculture is authorized to dispose of from other lands under his jurisdiction under the Act of July 31, 1947 (61 Stat. 681), as amended by the Act of July 23, 1955 (69 Stat. 367; 30 U.S.C. 601 and the following).

"Sec. 2. (a) In no case covered by subsections (a), (b), (e), (g), and (h) of section 1 hereof shall the exchange provide for the patenting of land by the United States without a reservation of minerals (1) unless the Secretary of Agriculture has obtained the advice of the Secretary of the Interior that the land is nonmineral in character, or (2) unless the Secretary of the Interior approves of the valuation and disposition of the minerals in the lands to be patented. A sale of land covered by subsection (j) of section 1 hereof shall be made by the Secretary of Agriculture without a reservation of minerals only after consultation with, and the approval of, the Secretary of the Interior as to the valuation and disposition of the minerals. No lands of the United States shall be exchanged in any case covered by subsection (f) of section 1 hereof unless the Secretary of Agriculture has obtained the advice of the Secretary of the Interior that such lands are nonmineral in character.

"(b) Nothing in this Act shall be construed to authorize the Secretary of Agriculture to determine or adjudicate the validity or invalidity of any mining claim or part thereof.

"(c) Nothing in subsection (1) of section 1 hereof shall be construed to authorize the Secretary of Agriculture to dispose of coal, phosphate, sodium, potassium, oil, oil shale, gas, or sulfur, or to dispose of any minerals which

would be subject to disposal under the mining laws if said laws were applicable to the lands in which the minerals are situated.

"(d) Upon approval by the Secretary of Agriculture pursuant to the provisions of this Act of any exchange or sale, respectively, of national forest lands under the provisions of law referred to in subsections (a), (b), (e), (f), (g), and (j) of section 1, hereof, the Secretary of the Interior, upon the recommendation of the Secretary of Agriculture, shall issue the patent therefor.

"(e) All conveyances under the Act referred to in subsection (h) of section 1 hereof of national forest lands reserved from the public domain shall, upon recommendation of the Secretary of Agriculture, be made by the Secretary of the Interior."

REORGANIZATION PLAN NO. 2 OF 1953

Eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633

DEPARTMENT OF AGRICULTURE

SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY (a) Subject to the exceptions specified in subsection (b) of this section, there are hereby transferred to the Secretary of Agriculture all functions not now vested in him of all other officers, and of all agencies and employees, of the Department of Agriculture.

(b) This section shall not apply to the functions vested by the Administrative Procedure Act [now section 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees] in hearing examiners employed by the Department of Agriculture nor to the functions of (1) corporations of the Department of Agriculture, (2) the boards of directors and officers of such corporations, (3) the Advisory Board of the Commodity Credit Corporation, or (4) the Farm Credit Administration or any agency, officer, or entity of, under, or subject to the supervision of the said administration.

SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE Two additional Assistant Secretaries of Agriculture shall be appointed by the President, by and with the advice and consent of the Senate. Each such Assistant Secretary shall perform such functions as the Secretary of Agriculture shall, from time to time, prescribe and each shall receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments.

SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY An Administrative Assistant Secretary of Agriculture shall be appointed, with the approval of the President, by the Secretary of Agriculture under the classified civil service, and shall perform such functions as the Secretary of Agriculture shall, from time to time, prescribe. The provisions of the item numbered (1) of the third proviso under the heading "General Provisions" appearing in Chapter XI of the Third Supplemental Appropriation Act, 1952, approved June 5, 1952 (66 Stat. 121), are hereby made applicable to the position of Administrative Assistant Secretary of Agriculture.

SEC. 4. DELEGATION OF FUNCTIONS

(a) The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

(b) To the extent that the carrying out of subsection (a) of this section involves the assignment of major functions or major groups of functions to major constituent organizational units of the Department of Agriculture, now or hereafter existing, or to the heads or other officers thereof, and to the extent deemed practicable by the Secretary, he shall give appropriate advance public notice of delegations of functions proposed to be made by him and shall afford appropriate opportunity for interested persons and groups to place before the Department of Agriculture their views with respect to such proposed delegations.

(c) In carrying out subsection (a) of this section the Secretary shall seek to simplify and make efficient the

operation of the Department of Agriculture, to place the administration of farm programs close to the State and local levels, and to adapt the administration of the programs of the Department to regional, State, and local conditions.

SEC. 5. INCIDENTAL TRANSFERS

The Secretary of Agriculture may from time to time effect such transfers within the Department of Agriculture of any of the records, property, and personnel affected by this reorganization plan and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan; but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made. § 2202. Executive Department; Secretary.

The Department of Agriculture shall be an executive department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of title IV of the Revised Statutes, including all amendments thereto, shall be applicable to said department; and all laws and parts of laws relating to the Department of Agriculture in existence February 9, 1889, as far as the same are applicable and not in conflict with this section, and only so far, are continued in full force and effect. (Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659.)

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the 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.

ORDER OF SUCCESSION

For order of succession in case of absence, sickness, resignation, or death of Secretary, see Ex. Ord. No. 9967, June 14, 1948, 13 F.R. 3249, set out as a note under section 3347 of Title 5, Government Organization and Employees.

CROSS REFERENCES

Annual rate of basic compensation of Secretary, see section 5312 of Title 5, Government Organization and Employees.

§ 2203. Seal.

The Secretary of Agriculture is authorized and directed to procure a proper seal, with such suitable inscriptions and devices as he may approve, to be known as the official seal of the Department of Agriculture, and to be kept and used to verify official documents, under such rules and regulations as he may prescribe. (Aug. 8, 1894, ch. 238, 28 Stat. 272.)

§ 2204. General duties of Secretary.

The Secretary of Agriculture shall procure and preserve all information concerning agriculture which he can obtain by means of books and correspondence, and by practical and scientific experiments, accurate records of which experiments shall be kept in his office, by the collection of statistics, and by any other appropriate means within his power; he shall collect new and valuable seeds and plants; shall test, by cultivation, the value of such of them as may require such tests; shall propagate such as may be worthy of propagation; and shall distribute them among agriculturists. (R.S. § 526.)

DERIVATION

R. S. § 526 was derived from act May 15, 1862, ch. 72, § 3, 12 Stat. 387.

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the 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. Functions of Secretary of Agriculture administered through the Bureau of Biological Survey relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of the Interior by Reorg. Plan No. II, § 4(f), 4 Fed. Reg. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees.

Delegation to Secretary of Authority with respect to the nation's food program during war emergency, see Ex. Ord. No. 9280, set out as a note under section 452 of this title.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the Secretary of Agriculture, see Parts 1, 8, and 30 of Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, set out as a note under section 2292 of Title 50, Appendix, War and National Defense.

Ex. Ord. No. 10998, Feb. 16, 1962, 27 F.R. 1524, directed the Secretary of Agriculture to prepare national emergency plans and develop preparedness programs covering food resources, farm equipment, fertilizer, and food resource facilities; rural fire control; defense against biological warfare, chemical warfare, and radiological fallout pertaining to agricultural activities; and rural defense information and education, all designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

ORDER OF SUCCESSION

Order of succession upon death, absence, sickness, or resignation of the Secretary of Agriculture, see Ex. Ord. No. 9967, June 12, 1948, 13 F.R. 3249, set out as a note under section 3347 of Title 5, Government Organization and Employees.

§ 2205. Duties of former Commissioner of Agriculture transferred to Secretary.

The Secretary of Agriculture is authorized and directed to perform all the duties named in all Acts of Congress in force on February 8, 1889, to be performed by the Commissioner of Agriculture. (Mar. 2, 1889, ch. 373, 25 Stat. 840; July 14, 1890, ch. 707, 26 Stat. 208.)

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the 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.

§ 2206. Custody of property and records.

The Secretary of Agriculture shall have charge, in the building and premises appropriated to the department, of the library, furniture, fixtures, records, and other property appertaining to it, or acquired for use in its business. (R.S. § 525.) DERIVATION

R.S. § 525 was derived from act May 15, 1862, ch. 72, § 3, 12 Stat. 387 and Res. Dec. 15, 1868, No. 1, 15 Stat. 343.

TRANSFER OF FUNCTIONS

Libraries administered by agencies and units of Department of Agriculture consolidated for duration of war, see Ex. Ord. No. 9069.

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with

« PreviousContinue »