7 U.S.C. § 391 — Establishment of bureau; appointment of

Page 397 TITLE 7—AGRICULTURE § 391 Feb. 7, 2014, 128 Stat. 895; Pub. L. 115–334, title VII, § 7503(d), Dec. 20, 2018, 132 Stat. 4821.) Editorial Notes CODIFICATION The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on Sept. 30, 2023, to continue, and authorities to be car- ried out, until the later of Sept. 30, 2024, or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title. The authorities provided by each provision of, and each amendment made by, Pub. L. 110–246, as in effect on Sept. 30, 2012, to continue, and the Secretary of Ag- riculture to carry out the authorities, until the later of Sept. 30, 2013, or the date specified in the provision of, or amendment made by, Pub. L. 110–246, see section 701(a) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title. Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 390d, Pub. L. 88–74, § 5, July 22, 1963, 77 Stat. 91; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995; Pub. L. 99–198, title XIV, § 1411(e), Dec. 23, 1985, 99 Stat. 1548, related to payment eligibility and fa- cility proposals, prior to the general amendment of this subchapter by Pub. L. 104–127. A prior section 6 of Pub. L. 88–74 was classified to sec- tion 390f of this title prior to the general amendment of this subchapter by Pub. L. 104–127. Another prior section 6 of Pub. L. 88–74 was classified to section 390e of this title prior to repeal by Pub. L. 99–198. A prior section 390e, Pub. L. 88–74, § 6, July 22, 1963, 77 Stat. 91; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995, related to continuing availability of un- used allotments to eligible institutions for a period of five fiscal years following the fiscal year of initial availability thereof, prior to repeal by Pub. L. 99–198, title XIV, § 1411(f), Dec. 23, 1985, 99 Stat. 1548. A prior section 390f, Pub. L. 88–74, § 6, formerly § 7, July 22, 1963, 77 Stat. 91; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered § 6 and amended Pub. L. 99–198, title XIV, § 1411(g), (k), Dec. 23, 1985, 99 Stat. 1548, related to fund support basis for mul- tiple-purpose equipment and physical facilities, prior to the general amendment of this subchapter by Pub. L. 104–127. A prior section 390g, Pub. L. 88–74, § 8, July 22, 1963, 77 Stat. 91; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995, related to ascertainment of the amount of the allocation to which each institution was entitled and written notification to each such institution, prior to repeal by Pub. L. 99–198, title XIV, § 1411(h), Dec. 23, 1985, 99 Stat. 1548. A prior section 390h, Pub. L. 88–74, § 7, formerly § 9, July 22, 1963, 77 Stat. 91; Pub. L. 94–273, § 7(1), Apr. 21, 1976, 90 Stat. 378; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered § 7 and amended Pub. L. 99–198, title XIV, § 1411(i), (k), Dec. 23, 1985, 99 Stat. 1548, related to fiscal accountability, prior to the general amendment of this subchapter by Pub. L. 104–127. A prior section 390i, Pub. L. 88–74, § 8, formerly § 10, July 22, 1963, 77 Stat. 92; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered § 8 and amended Pub. L. 99–198, title XIV, § 1411(j), (k), Dec. 23, 1985, 99 Stat. 1548, directed Secretary to submit annual reports to Congress with respect to research facility payments, prior to repeal by Pub. L. 104–66, title I, § 1011(w), Dec. 21, 1995, 109 Stat. 711. A prior section 8 of Pub. L. 88–74 was classified to sec- tion 390g of this title prior to repeal by Pub. L. 99–198. A prior section 390j, Pub. L. 88–74, § 9, formerly § 11, July 22, 1963, 77 Stat. 92; Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered § 9, Pub. L. 99–198, title XIV, § 1411(k), Dec. 23, 1985, 99 Stat. 1548, related to availability of appropriated funds for admin- istration, prior to the general amendment of this sub- chapter by Pub. L. 104–127. A prior section 9 of Pub. L. 88–74 was renumbered sec- tion 7 and was classified to section 390h of this title, prior to the general amendment of this subchapter by Pub. L. 104–127. A prior section 390k, Pub. L. 88–74, § 12, July 22, 1963, 77 Stat. 92, authorized appropriation of such sums as might be necessary for proper administration of this subchapter, prior to repeal by Pub. L. 95–113, title XIV, § 1416(2), Sept. 29, 1977, 91 Stat. 994, effective Oct. 1, 1977. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 7503(d)(1), sub- stituted ‘‘subsections (b), (c), and (d),’’ for ‘‘subsection (b),’’ and ‘‘2023’’ for ‘‘2018’’ and inserted at end ‘‘Funds appropriated pursuant to the preceding sentence shall be available until expended.’’ Subsecs. (c), (d). Pub. L. 115–334, § 7503(d)(2), added subsecs. (c) and (d). 2014—Subsec. (a). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (a). Pub. L. 110–246, § 7405, substituted ‘‘2012’’ for ‘‘2007’’. 2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1998—Subsec. (a). Pub. L. 105–185 substituted ‘‘each of fiscal years 1996 through 2002’’ for ‘‘fiscal years 1996 and 1997’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. CHAPTER 15—BUREAU OF ANIMAL INDUSTRY Sec. 391. Establishment of bureau; appointment of chief; duties. 392. Repealed. 393. Sale of pathological and zoological speci- mens; disposition of moneys. 394. Repealed. 394a. Overtime of employees working at establish- ments which prepare virus, serum, toxin, and analogous products. 395. Fees for rabies diagnoses; disposition of mon- eys. 396. Inspection of livestock, hides, animal prod- ucts, etc.; place; charges; disposition of funds. 397. Omitted. 398. Purchase and testing of serums or analogous products; dissemination of test results. 399. Domestic raising of fur-bearing animals; clas- sification. § 391. Establishment of bureau; appointment of chief; duties There shall be in the Department of Agri- culture a Bureau of Animal Industry. The Sec- retary of Agriculture is authorized to appoint a chief thereof, who shall be a competent veteri- nary surgeon, and whose duty it shall be to in- vestigate and report upon the condition of the Page 398 TITLE 7—AGRICULTURE § 392 domestic animals and live poultry of the United States, their protection and use, and also in- quire into and report the causes of contagious, infectious, and communicable diseases among them, and the means for the prevention and cure of the same, and to collect such information on these subjects as shall be valuable to the agri- cultural and commercial interests of the coun- try. (May 29, 1884, ch. 60, § 1, 23 Stat. 31; July 14, 1890, ch. 707, 26 Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59.) Editorial Notes CODIFICATION Section is composed of part of section 1 of act May 29, 1884. Section 1 of that act as originally enacted contained this further provision: ‘‘And the Commissioner of Agri- culture is hereby authorized to employ a force suffi- cient for the purpose, not to exceed 20 persons at any one time.’’ This provision was practically superseded by subsequent appropriations for an enlarged force. Section 1 also contained a provision as to salary of the Chief of the Bureau and a clerk for said bureau, that has been omitted as obsolete. The salaries are now fixed under chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. AMENDMENTS 1928—Joint Res. Feb. 7, 1928, inserted ‘‘and live poul- try’’ after ‘‘domestic animals’’. Executive Documents TRANSFER OF FUNCTIONS Section 301 of 1947 Reorg. Plan No. 1, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952, provided: ‘‘The functions of the following agencies of the Department of Agri- culture, namely, the Bureau of Animal Industry, the Bureau of Dairy Industry, the Bureau of Plant Indus- try, Soils, and Agricultural Engineering, the Bureau of Entomology and Plant Quarantine, the Bureau of Agri- cultural and Industrial Chemistry, the Bureau of Human Nutrition and Home Economics, the Office of Experiment Stations, and the Agricultural Research Center, together with the functions of the Agricultural Research Administrator, are transferred to the Sec- retary of Agriculture and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of Agri- culture as he may designate.’’ For provisions con- cerning transfer of records, property, personnel, and funds, see full text of this Plan, set out in the Appendix to Title 5, Government Organization and Employees. The President’s message, set out in the Appendix to Title 5, Government Organization and Employees, transmitting this Reorg. Plan to Congress pointed out that the Plan would make it possible to continue the consolidation of the agencies concerned in the Agricul- tural Research Administration which was affected on a temporary wartime basis by Ex. Ord. No. 9069, Feb. 23, 1942, 7 F.R. 1409, and to make further adjustments in the organization of agricultural research activities. Functions of Bureau of Animal Industry which were transferred to Secretary of Agriculture were trans- ferred to Agricultural Research Service under Sec- retary’s memorandum 1320, supp. 4, of Nov. 2, 1953. As of July 1, 1927, by order of the Secretary of Agri- culture, the Packers and Stockyards administration was abolished, and the enforcement of the Packers and Stockyards Act of 1921, section 181 et seq. of this title, put under the control of the chief of the Bureau of Ani- mal Industry. Authority formerly granted to Commissioner of Agri- culture by section 1 of act of May 29, 1884, vested in Secretary of Agriculture by act July 14, 1890. See also sections 2202 and 2205 of this title. Functions of Bureau of Animal Industry of Agricul- tural Research Administration concerned primarily with regulatory activities consolidated with other agencies into Food Distribution Administration, which was consolidated into War Food Administration, which was terminated and its functions transferred to Sec- retary of Agriculture, by Ex. Ord. No. 9577. § 392. Repealed. Oct. 31, 1951, ch. 654, § 1(11), 65 Stat. 701 Section, act Aug. 10, 1912, ch. 284, 37 Stat. 274, related to sale or exchange of animals not needed. § 393. Sale of pathological and zoological speci- mens; disposition of moneys The Secretary of Agriculture is authorized to prepare and sell at cost such pathological and zoological specimens as he may deem of sci- entific or educational value to scientists or oth- ers engaged in the work of hygiene and sanita- tion: Provided, That all moneys received from the sale of such specimens shall be deposited in the Treasury as miscellaneous receipts. (Mar. 4, 1913, ch. 145, § 1 [part], 37 Stat. 833.) Executive Documents TRANSFER OF FUNCTIONS Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. § 394. Repealed. Pub. L. 107–171, title X, § 10703(c)(3), May 13, 2002, 116 Stat. 518 Section, act July 24, 1919, ch. 26, 41 Stat. 241, related to overtime of employees engaged in enforcement of Meat Inspection Act. § 394a. Overtime of employees working at estab- lishments which prepare virus, serum, toxin, and analogous products The Secretary of Agriculture is authorized to pay employees of the Bureau of Animal Industry employed in establishments subject to the provi- sions of section 157 of title 21, for all overtime, night, or holiday work performed at such estab- lishments, at such rates as he may determine, and to accept from such establishments wherein such overtime work is performed reimbursement for any sums paid out by him for such overtime work. (Aug. 4, 1949, ch. 392, 63 Stat. 495.) Executive Documents TRANSFER OF FUNCTIONS Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. § 395. Fees for rabies diagnoses; disposition of moneys Fees shall be charged for all diagnoses in con- nection with rabies, except those performed for agencies of the United States Government, in such amounts as the Secretary shall prescribe, and such fees shall be covered into the Treasury as miscellaneous receipts.