7 U.S.C. § 2225 — Employment of temporary personnel

Page 1455 TITLE 7—AGRICULTURE § 2225c 1 So in original. ment, without reimbursement, during periods when they are not otherwise fully utilized, and ceilings on full-time equivalent staff years es- tablished for or by the Department of Agri- culture shall exclude overtime as well as staff years expended as a result of carrying out pro- grams associated with natural disasters, such as forest fires, droughts, floods, and other acts of God. (Pub. L. 102–142, title VII, § 711, Oct. 28, 1991, 105 Stat. 912.) § 2225. Employment of temporary personnel The Department of Agriculture may employ persons or organizations, on a temporary basis, by contract or otherwise: Provided, That no ex- penditures for such temporary employment shall be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein. (Sept. 21, 1944, ch. 412, title VII, § 706(a), 58 Stat. 742; Ex. Ord. No. 9577, June 29, 1945, 10 F.R. 4253.) Editorial Notes CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. First sentence of section which related to the author- ity of the War Food Administrator to employ personnel was omitted on the authority of Ex. Ord. No. 9577, which terminated the War Food Administration. The exception from ‘‘the Classification Act of 1923, as amended’’ was 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 Sections 1202 and 1204 of the Classification Act of 1949 (63 Stat. 972, 973) repealed the 1923 Act and all laws or parts of laws in- consistent with the 1949 Act.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 ex- ception contained in this section because of section 1106(b) that provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–544, § 8(a), Sept. 6, 1966, 80 Stat. 632 (section 1 of which revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 now contains the applica- bility provisions of the 1949 Act. Section was formerly classified to section 574 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 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. § 2225a. Contracts for consulting services On and after October 28, 1991, the expenditure of any appropriation for the Department of Ag- riculture for any consulting service through pro- curement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to ex- isting law. (Pub. L. 102–142, title VII, § 701, Oct. 28, 1991, 105 Stat. 911.) § 2225b. Personal service contracts for veterinar- ians On and after October 28, 1991, provisions of law prohibiting or restricting personal services con- tracts shall not apply to veterinarians employed by the Department to take animal blood sam- ples, test and vaccinate animals, and perform branding and tagging activities on a fee-for- service basis. (Pub. L. 102–142, title VII, § 723, Oct. 28, 1991, 105 Stat. 913.) § 2225c. Employment contracts for services abroad On and after October 28, 2000, funds appro- priated to the Department of Agriculture may be used to employ individuals by contract for services outside the United States as determined by the agencies to be necessary or appropriate for carrying out programs and activities abroad; and such contracts are authorized to be nego- tiated, the terms of the contract to be pre- scribed, and the work to be performed, where necessary, without regard to such statutory pro- visions as relate to the negotiation, making and performance of contracts and performance of work in the United States. Individuals employed by contract to perform such services outside the United States shall not by virtue of such em- ployment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management. Such individuals may be consid- ered employees within the meaning of the Fed- eral Employee Compensation Act, 5 U.S.C. 8101 et seq. Further, that 1 Government service credit shall be accrued for the time employed under a Personal Service Agreement (PSA) should the individual later be hired into a permanent United States Government position within FAS or another United States Government agency if the authorities of the hiring agency so permit. (Pub. L. 106–387, § 1(a) [title VII, § 740], Oct. 28, 2000, 114 Stat. 1549, 1549A–34.) Editorial Notes REFERENCES IN TEXT The Federal Employee Compensation Act, referred to in text, is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries AVAILABILITY OF FOREIGN AGRICULTURAL SERVICE FUNDS Pub. L. 100–202, § 101(k) [title IV], Dec. 22, 1987, 101 Stat. 1329–322, 1329–350, as amended by Pub. L. 105–277, div. A, § 101(a) [title VII, § 750], Oct. 21, 1998, 112 Stat. 2681, 2681–32, provided in part: ‘‘That funds available to