7 U.S.C. § 2217a — Power to administer oaths, examine wit-

Page 1452 TITLE 7—AGRICULTURE § 2215 relating to the General Counsel of the Department of Health, Education, and Welfare [now Health and Human Services], is classified to section 3504 of Title 42, The Public Health and Welfare. That part of such section 301 relating to the General Counsel of the Post Office Department was enacted as section 307 of Title 39 by Pub. L. 86–682, Sept. 2, 1960, 74 Stat. 580. Such provi- sions were eliminated from Title 39 by the Postal Reor- ganization Act, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 719. Section was formerly classified to section 518a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2215. Chief clerk The Secretary of Agriculture shall appoint a chief clerk. (R.S. § 523; Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659; Feb. 10, 1925, ch. 200, 43 Stat. 822.) Editorial Notes CODIFICATION R.S. § 523 derived from act May 15, 1862, ch. 72, § 4, 12 Stat. 388. Section was formerly classified to section 519 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Agriculture’’ substituted in text for ‘‘Commissioner of Agriculture’’ pursuant to sections 1 and 4 of act Feb. 9, 1889, which are classified to section 2202 of this title. See, also, section 2205 of this title. § 2216. Repealed. Pub. L. 92–310, title II, § 221(a), June 6, 1972, 86 Stat. 205 Section, R.S. § 524; acts Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807; May 10, 1934, ch. 277, § 512(b), 48 Stat. 759, re- lated to the bond of the chief clerk of the Department of Agriculture. Section was formerly classified to section 520 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2217. Oaths, affirmations, and affidavits taken by officers, agents, or employees of Depart- ment; use and effect Such officers, agents, or employees of the De- partment 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, af- firmation, or affidavit is for use in any prosecu- tion or proceeding under or in the enforcement of any law committed to or which may be com- mitted to the Secretary of Agriculture or the Department of Agriculture or any bureau or sub- division thereof for administration. Any such oath, affirmation, or affidavit administered or taken by or before such officer, agent, or em- ployee when certified under his hand and au- thenticated by the seal of the Department of Ag- riculture 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 iden- tity or authority of such officer, agent, or em- ployee. (Jan. 31, 1925, ch. 124, § 1, 43 Stat. 803.) Editorial Notes CODIFICATION Section was formerly classified to section 521 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents DEPARTMENT OF THE INTERIOR PERSONNEL Provisions of this section were made applicable to such officers, agents, or employees of Department of the Interior performing functions of former Bureau of Biological Survey as are designated by Secretary of the Interior for purposes named herein by 1939 Reorg. Plan No. II, § 4(g), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organi- zation and Employees. See also sections 401 to 404 of said plan for provisions relating to transfer of func- tions, records, property, personnel, and funds. Bureau of Biological Survey was subsequently consolidated with Bureau of Fisheries into Fish and Wildlife Service in Department of the Interior by 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, also set out in the Appendix to Title 5. § 2217a. Power to administer oaths, examine wit- nesses, or require production of books, etc. On and after July 24, 1919, in the performance of the duties required of the Bureau of Agricul- tural Economics in the administration or en- forcement of provisions of Acts (United States Cotton Futures Act, Thirty-ninth Statutes at Large, page 476; United States Grain Standards Act, Thirty-ninth Statutes at Large, page 482 [7 U.S.C. 71 et seq.]; United States Warehouse Act, Thirty-ninth Statutes at Large, page 486 [7 U.S.C. 241 et seq.]; Standard Container Act, Thirty-ninth Statutes at Large, page 673; and the Acts making annual appropriations for the Department of Agriculture) relating to the De- partment of Agriculture, the Secretary of Agri- culture, or any representative specifically au- thorized in writing by him for the purpose, shall have power to administer oaths, examine wit- nesses, and call for the production of books and papers. (July 24, 1919, ch. 26, 41 Stat. 267; May 11, 1922, ch. 185, 42 Stat. 532.) Editorial Notes REFERENCES IN TEXT The United States Cotton Futures Act, referred to in text, is part A of act Aug. 11, 1916, ch. 313, 39 Stat. 476, which was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For complete classification of this Act to the Code prior to its repeal, see Tables. The United States Grain Standards Act, referred to in text, is part B of act Aug. 11, 1916, ch. 313, 39 Stat. 482, which is classified generally to chapter 3 (§ 71 et seq.) of this title. For complete classification of this Act to the Code, see section 71 of this title and Tables. The United States Warehouse Act, referred to in text, is part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, which is classified generally to chapter 10 (§ 241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 241 of this title and Tables. The Standard Container Act, referred to in text, is act Aug. 31, 1916, ch. 426, 39 Stat. 673, which was classi- Page 1453 TITLE 7—AGRICULTURE § 2220 fied generally to subchapter VII (§ 251 et seq.) of chapter 6 of Title 15, Commerce and Trade, and was repealed by Pub. L. 90–628, § 1(a), Oct. 22, 1968, 82 Stat. 1320. For complete classification of this Act to the Code prior to its repeal, see Tables. CODIFICATION Section was formerly classified to section 420 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Bureau of Agricultural Economics transferred to other units of Department of Agriculture by Secretary’s memorandum of Nov. 2, 1953. Act May 11, 1922, transferred powers of former ‘‘Bu- reau of Markets, Bureau of Markets and Crop Esti- mates, and the Office of Farm Management and Farm Economics’’ to ‘‘Bureau of Agricultural Economics’’. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to 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. § 2218. Fee for administering or taking oaths, af- firmations, and affidavits No officer, agent, or employee of the Depart- ment of Agriculture shall demand or accept any fee or compensation whatsoever for admin- istering or taking any oath, affirmation, or affi- davit under the authority conferred by section 2217 of this title. (Jan. 31, 1925, ch. 124, § 2, 43 Stat. 803.) Editorial Notes CODIFICATION Section was formerly classified to section 522 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries DEPARTMENT OF THE INTERIOR PERSONNEL Application to Department of the Interior employees, see note under section 2217 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to 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. § 2219. 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 divi- sion, or office in which the employee is working, and no other. (Mar. 4, 1907, ch. 2907, 34 Stat. 1280.) Editorial Notes CODIFICATION Section was formerly classified to section 528 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2219a. Overtime and holiday pay (a) In general The Secretary of Agriculture may— (1) pay employees of the Department of Agri- culture employed in an establishment subject to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) for all overtime and holiday work performed at the establishment at rates determined by the Secretary, subject to applicable law relating to minimum wages and maximum hours; and (2) accept from the establishment reimburse- ment for any sums paid by the Secretary for the overtime and holiday work, at rates deter- mined under paragraph (1). (b) Availability Sums received by the Secretary under this section shall remain available until expended without further appropriation and without fiscal year limitation, to carry out subsection (a). (Pub. L. 107–171, title X, § 10703(a), (b), May 13, 2002, 116 Stat. 517.) Editorial Notes REFERENCES IN TEXT The Federal Meat Inspection Act, referred to in sub- sec. (a)(1), is titles I to V of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, and Pub. L. 110–246, title XI, § 11015(a), June 18, 2008, 122 Stat. 2124, which are classified generally to subchapters I to IV–A (§ 601 et seq.) of chapter 12 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables. The Poultry Products Inspection Act, referred to in subsec. (a)(1), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see Short Title note set out under section 451 of Title 21 and Tables. § 2220. Certain officials and employees of Depart- ment and others not subject to restriction on payment of compensation to Government of- ficials and employees The officials and the employees of the Depart- ment of Agriculture engaged in the activities described in section 2279i of this title and paid in whole or in part out of funds contributed as pro- vided therein, and the persons, corporations, or associations making contributions as therein provided, shall not be subject to the provisions of section 209 of title 18; nor shall any official or employee engaged in the cooperative activities of the Forest Service, or the persons, corpora- tions, or associations contributing to such ac- tivities be subject to such section. (July 24, 1919, ch. 26, 41 Stat. 270; Sept. 3, 1954, ch. 1263, § 5, 68 Stat. 1227.) Editorial Notes CODIFICATION ‘‘Section 209 of title 18’’ substituted in text for ‘‘sec- tion 1914 of title 18’’ on authority of section 2 of Pub. L. 87–849, Oct. 23, 1962, 76 Stat. 1126, which repealed sec-