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

Act May 15, 1862, ch. 72, § 3, 12 Stat. 387.

TRANSFER OF DUTIES

Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of the Interior by Reorganization Plan No. II, § 4 (f), 4 Fed. Reg. 2731, 53 Stat. 1433, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

§ 514a. Under Secretary of Agriculture; salary.-There is hereby established in the Department of Agriculture the position of Under Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, and whose compensation shall be at the rate of $10,000 per annum. (Mar. 26, 1934, ch. 89, title I, 48 Stat. 467.)

§ 514b. Same; duties.-The Under Secretary of Agriculture is authorized to exercise the functions and perform the duties of the first assistant of the Secretary of Agriculture within the meaning of section 4 of this title and shall perform such other duties as may be required by law or prescribed by the Secretary of Agriculture. (June 5, 1939, ch. 181, 53 Stat. 809.)

§ 514c. Delegation to Director of Finance or other officer of power to sign requisitions.-The Secretary of Agriculture may designate in writing the Director of Finance of the Department of Agriculture or, in his absence, the officer acting in his stead, to sign requisitions upon the Secretary of the Treasury for disbursing funds, and such requisitions shall be as valid as if they had been signed by the Secretary of Agriculture. (Aug. 11, 1939, ch. 700, 53 Stat. 1417.)

§ 514d. Delegation of specific powers.-The Secretary of Agriculture is authorized to delegate to such officers as he shall designate the authority to expend such contingent funds as may be appropriated to the Department.

The Secretary of Agriculture may delegate to such officers as he shall designate the authority to employ personnel in the departmental service wherever located.

The Secretary of Agriculture may delegate to such officers as he shall designate the function of authorizing payment of expenses of the transfer of household goods of employees on change of official stations. (Sept. 21, 1944, ch. 412, title VII, §§ 705, 709, 710, 58 Stat. 742, 743.)

CODIFICATION

Section is composed of sections 705 (a), 709, and 710 of act Sept. 21, 1944, cited to text.

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

§ 515. 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. 288.)

§ 516. 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

Act May 15, 1862, ch. 72, § 3, 12 Stat. 387; 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, set out in note under section 601 of Appendix to Title 50, War.

§516a. Delegation of regulatory functions of Secretary of Agriculture; definitions.-As used in sections 516a-516e of this title.

(a) The term "regulatory order" means an order, marketing agreement, standard, permit, license, registration, suspension or revocation of a permit, license, or registration, certificate, award, rule, or regulation, if it has the force and effect of law, and if it may be made, prescribed, issued, or promulgated only after notice and hearing or opportunity for hearing have been given.

(b) The term "regulatory function" means the making, prescribing, issuing, or promulgating, of a regulatory order; and inIcludes (1) determining whether such making, prescribing, issuing, or promulgating is authorized or required by law, and (2) any action which is required or authorized to be performed before, after, or in connection with, such determining, making, prescribing, issuing, or promulgating. (Apr. 4, 1940, ch. 75, § 1, 54 Stat. 81.)

§ 516b. Delegation of regulatory functions to designated emloyees; status of employees; number; revocation of delegation.Whenever the Secretary of Agriculture deems that the delegation of the whole or any part of any regulatory function which the Secretary is, now or hereafter, required or authorized to perform will result in the more expeditious discharge of the duties of the Department of Agriculture, he is authorized to make such delegation to any officer or employee designated under this section. The Secretary is authorized to designate officers or employees of the Department to whom functions may be delegated under this section and to assign appropriate titles to such officers or employees. The position held by any officer or employee while he is designated under this section, and vested with a regulatory function or part thereof delegated under this section, shall be allocated to a grade, not lower than grade 7, in the professional and scientific service provided for by sections 661-663, 664-673 and 674 of this title, or to a grade, not lower than grade 14, in the clerical, administrative, and fiscal service provided for by such sections. There shall not be in the Department at any one time more than two officers or employees designated under this section and vested with a regulatory function or part thereof delegated under this

section. The Secretary may at any time revoke the whole or any part of a delegation or designation made by him under this section. (Apr. 4, 1940, ch. 75, § 2, 54 Stat. 81.)

§ 516c. Authority of designated employees; retroactive revocation of delegation. Whenever a delegation is made under section 516b of this title, all provisions of law shall be construed as if the regulatory function or the part thereof delegated had (to the extent of the delegation) been vested by law in the individual to whom the delegation is made, instead of in the Secretary of Agriculture. A revocation of delegation shall not be retroactive, and each regulatory function or part thereof performed (within the scope of the delegation) by such individual prior to the revocation shall be considered as having been performed by the Secretary. (Apr. 4, 1940, ch. 75, § 3, 54 Stat. 82.)

§ 516d. Delegation of functions under other laws as unaffected. The provisions of section 516b of this title shall not be deemed to prohibit the delegation, under authority of any other provision of law, of the whole or any part of any regulatory function or other function to any officer or employee of the Department of Agriculture. (Apr. 4, 1940, ch. 75, § 4, 54 Stat. 82.)

§ 516e. Appropriation.-There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 516a-516e of this title. (Apr. 4, 1940, ch. 75, § 5, 54 Stat. 82.)

§ 517. Assistant Secretary.-There shall be in the Department of Agriculture an Assistant Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary. The Assistant Secretary of Agriculture is authorized to perform such duties in the conduct of the business of the Department of Agriculture as may be assigned by the Secretary of Agriculture. (Feb. 9, 1889, ch. 122, § 2, 25 Stat. 659; June 30, 1906, ch. 3913, 34 Stat. 670.)

TEMPORARY ASSISTANT SECRETARIES

The appointment of two additional assistant secretaries for the duration of the national emergency created by the war between this country and Germany in 1917 was authorized by act Aug. 10, 1917, ch. 52, § 5, 40 Stat. 274.

§ 518. Solicitor to supervise legal work. The legal work of the Department of Agriculture shall be performed under the supervision and direction of the solicitor (May 26, 1910, ch. 256, 36 Stat. 416.)

§ 519. Chief clerk.-The Secretary of Agriculture shall appoint a chief clerk. (R. S. § 523; Feb. 10, 1925, ch 200, 43 Stat 822.) DERIVATION

Act May 15, 1862, ch. 72, § 4, 12 Stat. 388.

§ 520. Same; bond.-The chief clerk, before entering upon his duties, shall give bond to the Treasurer of the United States, in the sum of five thousand dollars, conditioned to render a true and faithful account to the Treasurer quarter-yearly of all moneys which shall be by him receiver by virtue of his office, with sureties

to be approved by the General Counsel for the Department of the Treasury. Such bond shall be filed in the office of the Secretary of the Treasury, to be by him put in suit upon any breach of the conditions thereof. (R. S. § 524; Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807; May 10, 1934, ch. 277, § 512 (b), 48 Stat 759.)

DERIVATION

Act May 15, 1862, ch. 72, § 4, 12 Stat. 388.

§ 520a. Stenographic reporting service. The Department of Agriculture is authorized to contract for stenographic reporting services. (Sept. 21, 1944, ch. 412, title VII, § 705 (b), 58 Stat. 742.)

CODIFICATION

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

§ 521. Oaths, affirmations, and affidavits taken by officers, agents, or employees of Department; use and effect.-Such officers, agents, or employees of the Department of Agriculture of the United States as are designated by the Secretary of Agriculture for the purpose are authorized and empowered to administer to or take from any person an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of any law committed to or which may be committed to the Secretary of Agriculture or the Department of Agriculture or any bureau or subdivision thereof for administration. Any such oath, affirmation, or affidavit administered or taken by or before such officer, agent, or employee when certified under his hand and authenticated by the seal of the Department of Agriculture may be offered or used in any court of the United States and shall have like force and effect as if administered or taken before a clerk of such court without further proof of the identity or authority of such officer, agent, or employee. (Jan. 31, 1925, ch. 124, § 1, 43 Stat. 803.)

§ 522. Same; fee for administering or taking.-No officer, agent, or employee of the Department of Agriculture shall demand or accept any fee or compensation whatsoever for administering or taking any oath, affirmation, or affidavit under the authority conferred by sections 17 and 521 of this title. (Jan. 31, 1925, ch. 124, § 2, 43 Stat. 803.)

§ 524. Bureaus; laws relating to Plant Industry.-All statutes existing June 3, 1902, relating to the Division of Soils, reorganized into the Bureau of Soils; the Division of Forestry, reorganized into the Bureau of Forestry; the Division of Chemistry, reorganized into the Bureau of Chemistry; and the Division of Botany, the Division of Pomology, the Division of Vegetable Physiology and Pathology, the Division of Agrostology and Experimental Gardens and Grounds, reorganized into the Bureau of Plant Industry, not otherwise repealed, shall remain in effect as applying to the respective bureaus into which the divisions. named have been reorganized. (June 3, 1902, ch. 985, 32 Stat.

TRANSFER OF FUNCTIONS

Bureau of Chemistry and the Bureau of Soils were consolidated to form the Bureau of Chemistry and Soils by act Jan. 18, 1927, 44 Stat. 991. Said Bureau of Chemistry and Soils was subsequently consolidated with the Bureau of Agricultural Engineering to form the Bureau of Agricultural Chemistry and Engineering. Memorandum of the Secretary of Agriculture No. 789, dated Oct. 6, 1938.

Disease control and eradication work of the Bureau of Plant Industry was consolidated in the Bureau of Entomology and Plant Quarantine by act Mar. 26, 1934, ch. 89, 48 Stat. 486. The latter bureau was organized by this same act as a result of the consolidation of the Bureaus of Entomology and Plant Quarantine.

Fruit and Vegetable Utilization Investigation transferred from Bureau of Plant Industry to Bureau of Chemistry and Soils by Insecticide and Fungicide Investigation was transferred from Bureau of Chemistry and Soils to Bureau of Entomology and Plant Quarantine by act May 17, 1935, ch. 131, 49 Stat. 268.

Soil fertility and soil microbiology work was transferred from Bureau of Chemistry and Soils to Bureau of Plant Industry by act May 17, 1935, ch. 131, 49 Stat. 258.

Wartime consolidation of certain agencies, see note under section 601 of Appendix to Title 50, War.

§ 527. Appointments, promotions, and changes in salaries.— The Secretary of Agriculture is authorized to make such appointments, promotions, and changes in salaries, to be paid out of the lump funds of the several bureaus, divisions, and offices of the department as may be for the best interests of the service. (Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

Civil service laws as affecting appointments, promotions, and changes in salaries, see section 661 et seq. of this title.

§ 528. Salaries; how paid.-The Secretary of Agriculture is authorized and directed to pay the salary of each employee from the roll of the bureau, independent division, or office in which the employee is working, and no other. (Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

§ 529. Assignment of pay.-The Secretary of Agriculture is authorized to permit employees of the Department of Agriculture to make assignments of their pay, under such regulations as he may prescribe, during such time as they may be in the employ of the said department. (Mar. 4, 1909, ch. 301, 35 Stat. 1057.)

§ 530. Details; employees from office of Secretary.-Details may be made from or to the office of the Secretary when necessary and the services of the person whom it is proposed to detail are not required in that office. (Mar. 4, 1907, ch. 2907, 34 Stat. 1280.)

§ 531. Same; law clerks.--Law clerks may be detailed by the Secretary of Agriculture for service in or out of Washington. (Mar. 4, 1911, ch. 238, 36 Stat. 1236.)

§ 532. Same; from and to library and bureaus and offices.-Employees of the library may be temporarily detailed by the Secretary of Agriculture for library service in the bureaus and offices of the department, and employees of the bureaus and offices of the department engaged in library work may also be temporarily detailed to the library. (Mar. 4, 1911, ch. 238, 36 Stat. 1261.)