7 U.S.C. § 1762 — Personnel

Page 1036 TITLE 7—AGRICULTURE § 1762 standards, as he deems necessary. Nothing con- tained herein shall be construed as prohibiting the Department of Agriculture from conducting abroad any activity for which authority now ex- ists. (Aug. 28, 1954, ch. 1041, title VI, § 601, 68 Stat. 908; Pub. L. 95–501, title III, § 301(3), Oct. 21, 1978, 92 Stat. 1688.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–501 substituted ‘‘agricultural com- modities’’ for ‘‘agricultural products’’ in four places and substituted ‘‘such commodities’’ for ‘‘said prod- ucts’’. Statutory Notes and Related Subsidiaries WORLD LIVESTOCK MARKET PRICE INFORMATION Pub. L. 101–624, title XV, § 1545, Nov. 28, 1990, 104 Stat. 3695, directed Secretary of Agriculture to develop ap- propriate methodology for determining world price of livestock and livestock products, to gather and analyze appropriate price and cost of production information concerning such products in foreign countries for pur- pose of price discovery and to aid in sale of livestock and livestock products in foreign export markets, and to periodically publish such information, prior to re- peal by Pub. L. 104–127, title II, § 273, Apr. 4, 1996, 110 Stat. 976. IMPLEMENTATION OF 1978 AMENDMENT; REGULATIONS Pub. L. 95–501, title VI, § 601, Oct. 21, 1978, 92 Stat. 1691, which required Secretary of Agriculture to imple- ment provisions of Pub. L. 95–501 as expeditiously as possible, was omitted and a new section 601 of Pub. L. 95–501 added as part of the complete revision of Pub. L. 95–501 by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87 (§ 5601 et seq.) of this title. § 1762. Personnel (a) Appointment To effectuate the carrying out of the purposes of this subchapter, the Secretary of Agriculture is authorized to appoint such personnel as he de- termines to be necessary and, with the concur- rence of the Secretary of State, to assign such personnel to service abroad. (b) Titles; rank and privileges; appointments of Agricultural Counselors Officers or employees assigned or appointed to posts abroad under this subchapter shall have the designation of Agricultural Counselor, Agri- cultural Attache´, or such other titles or designa- tions that shall be agreed to by the Secretary of State and the Secretary of Agriculture, and shall be accorded the same rank and privileges as those of other counselors or attache´s in United States embassies. An Agricultural Coun- selor shall be appointed in any nation— (1) to which a substantial number of govern- ments with which the United States competes directly for agricultural markets in such na- tion assign agricultural representatives with the diplomatic status of counselor or its equivalent; or (2) in which— (A) the potential is great for long-term ex- pansion of a market for United States agri- cultural commodities, and (B) competition with other nations for ex- isting and potential agricultural markets is extremely intense. Not less than ten Agricultural Counselors shall be appointed within three years after October 21, 1978. (c) Attachment to diplomatic missions Upon the request of the Secretary of Agri- culture, the Secretary of State shall regularly and officially attach the officers or employees of the United States Department of Agriculture to the diplomatic mission of the United States in the country in which such officers or employees are to be assigned by the Secretary of Agri- culture, and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of com- parable rank and salary. (d) Assignment to United States Any officer or employee appointed and as- signed to a post abroad pursuant to this sub- chapter may, in the discretion of the Secretary of Agriculture, be assigned for duty in the conti- nental United States, without regard to the civil service laws (and without reduction in grade if an appropriate position at the employee’s grade is not available in any agency of the Depart- ment of Agriculture), for a period of not more than three years: Provided, That the total num- ber of such employees assigned for duty in the continental United States under this provision shall not exceed fifteen at any one time: Pro- vided further, That this Act shall not increase the number of persons employed at grade GS–16, GS–17, or GS–18. (Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), for- merly § 602(a)–(c), (e), 68 Stat. 908, 909; amended June 28, 1955, ch. 189, § 12(c)(13), 69 Stat. 182; Pub. L. 89–106, § 4, Aug. 4, 1965, 79 Stat. 431; Pub. L. 94–449, Oct. 1, 1976, 90 Stat. 1500; renumbered § 602(a)–(d) and amended Pub. L. 95–501, title III, § 301(4), (5), title IV, § 401(3), (5), Oct. 21, 1978, 92 Stat. 1688, 1691.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), is act Aug. 28, 1954, ch. 1041, 68 Stat. 897, known as the Agricultural Act of 1954. For complete classification of this Act to the Code, see Short Title note set out under section 1741 of this title and Tables. AMENDMENTS 1978—Subsec. (a). Pub. L. 95–501, § 301(4), substituted ‘‘this subchapter’’ for ‘‘this chapter’’. Subsec. (b). Pub. L. 95–501, § 301(5), inserted provisions relating to appointment of Agricultural Counselors and rank and privileges to be accorded such counselors or other officers or employees assigned abroad. Subsecs. (d), (e). Pub. L. 95–501, §§ 301(4), 401(5), redes- ignated subsec. (e) as (d) and substituted ‘‘this sub- chapter’’ for ‘‘this chapter’’. Former subsec. (d), relat- ing to Presidential regulations, was redesignated sec- tion 606B of act Aug. 28, 1954, by section 401(3) of Pub. L. 95–501, which is classified to section 1766a of this title. Subsec. (f). Pub. L. 95–501, § 401(3), redesignated sub- sec. (f), relating to language training for families of of- ficers and employees assigned abroad, as section 606C of act Aug. 28, 1954, which is classified to section 1766b of this title. 1976—Subsec. (f). Pub. L. 94–449 added subsec. (f). 1965—Subsec. (e). Pub. L. 89–106 added subsec. (e). 1955—Subsec. (a). Act June 28, 1955, repealed provi- sions authorizing the Secretary of Agriculture to place Page 1037 TITLE 7—AGRICULTURE § 1765 not more than eight positions in grade 16 and two in grade 17 of the General Schedule of the Classification Act of 1949. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act June 28, 1955, effective June 28, 1955, see section 13 of act of June 28, 1955. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Executive Documents EX. ORD. NO. 10624. REGULATIONS FOR DEPARTMENT OF AGRICULTURE PERSONNEL ABROAD Ex. Ord. No. 10624, July 28, 1955, 20 F.R. 5445, as amended by Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217; Ex. Ord. No. 11530, May 26, 1970, 35 F.R. 8335; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by sections 605, 606B and 606D of Title VI of the Act of August 28, 1954, as amended, (7 U.S.C. 1765, 1766a, and 1766c), and by section 301 of title 3 of the United States Code, and as President of the United States, I hereby prescribe the following regulations relating to personnel of the De- partment of Agriculture assigned to service abroad: SECTION 1. (a) The provisions of section 207 of the For- eign Service Act of 1980 (22 U.S.C. 3927) shall be applica- ble to the official activities of persons assigned abroad under authority of Title VI of the said act of August 28, 1954 [this chapter]. (b) The Secretary of Agriculture shall institute and maintain such measures consistent with the said Part II as may be necessary to insure that the official activi- ties of persons assigned abroad under the said Title VI are carried on consonant with United States foreign- policy objectives as defined by the Secretary of State and are effectively coordinated with the activities of representatives of other United States agencies, under the leadership of the Chief of the United States Diplo- matic Mission. (c) Consistent with subsections (a) and (b) of this sec- tion, the Secretary of Agriculture shall issue instruc- tions on agricultural matters to persons assigned abroad under authority of the said Title VI. SEC. 2. In addition to rules and regulations pertaining to allowances and benefits otherwise applicable to per- sonnel assigned abroad by the Secretary of Agriculture under Title VI of the Act of August 28, 1954 [this chap- ter], or other authority, there shall be applicable to such personnel the rules and regulations prescribed by the Secretary of State in pursuance of (1) so much of the authority vested in the President by subchapter III of chapter 59 of title 5 of the United States Code [sec- tion 5921 et seq. of Title 5, Government Organization and Employees], or by any amendment thereof as re- lates to quarters allowances or cost-of-living allow- ances, and (2) so much of the authority vested in the Secretary of State by chapter 9 of Title I of the Foreign Service Act of 1980 [section 4081 et seq. of Title 22, For- eign Relations and Intercourse], as relates to allow- ances and benefits under the said chapter 9 of Title I: Provided, (1) that the Secretary of State, upon request of the Secretary of Agriculture, may prescribe, within existing authority of law and when deemed necessary, special rules and regulations for such personnel; and (2) that the Secretary of Agriculture may, within the limi- tation of such rules and regulations, prescribe nec- essary implementing directions. The Secretary of Agri- culture may designate employees of the Department of Agriculture to make specific determinations and take specific actions in the application of such rules and regulations to the activities of the Department of Agri- culture. SEC. 3. Such provisions in annual appropriation acts of the Department of State, including such acts here- after enacted, facilitating the work of the Foreign Service of the United States as the Director of the Of- fice of Management and Budget shall from time to time determine appropriate shall be applicable to activities authorized under Title VI of the said act of August 28, 1954 [this chapter]. This order shall be effective as of September 1, 1954. § 1763. Transferred Editorial Notes CODIFICATION Section, act Aug. 28, 1954, ch. 1041, title VI, § 603, 68 Stat. 909, which related to allowances and benefits, was renumbered section 606D of act Aug. 28, 1954, by Pub. L. 95–501, title IV, § 401(3), Oct. 21, 1978, 92 Stat. 1691, and transferred to section 1766c of this title. § 1764. Reports and dispatches (a) Availability to Department of State and inter- ested Government agencies The reports and dispatches prepared by the of- ficers appointed or assigned under this sub- chapter shall be made available to the Depart- ment of State, and may be made available to other interested agencies of the Government, and the agricultural reports and dispatches and related information produced by officers of the Foreign Service shall be available to the Sec- retary of Agriculture. (b) Office space, equipment, and administrative and clerical services The Secretary of State is authorized upon re- quest of the Secretary of Agriculture to provide office space, equipment, facilities, and such other administrative and clerical services as may be required for the personnel affected by this subchapter. The Secretary of Agriculture is authorized to reimburse or advance funds to the Secretary of State for such services. (c) Agency services, personnel, and facilities Upon the request of the Secretary of Agri- culture, each Federal agency may make its serv- ices, personnel, and facilities available to offi- cers and employees appointed and assigned to a post abroad under this subchapter in the per- formance of the functions of such officers and employees. The Secretary of Agriculture may reimburse or advance funds to any such agency for services, personnel, and facilities so made available. (Aug. 28, 1954, ch. 1041, title VI, § 604, 68 Stat. 909; Pub. L. 95–501, title III, § 301(4), (6), Oct. 21, 1978, 92 Stat. 1688.) Editorial Notes AMENDMENTS 1978—Subsecs. (a), (b). Pub. L. 95–501, § 301(4), sub- stituted ‘‘this subchapter’’ for ‘‘this chapter’’. Subsec. (c). Pub. L. 95–501, § 301(6), added subsec. (c). § 1765. Foreign service appropriations; applica- bility Provisions in annual appropriation Acts of the Department of State facilitating the work of the