7 U.S.C. § 1765 — Foreign service appropriations; applica-

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 Page 1038 TITLE 7—AGRICULTURE § 1765a 1 So in original. Probably should be capitalized. Foreign Service of the United States shall be ap- plicable under rules and regulations prescribed by the President or his designee to activities pursuant to this subchapter. (Aug. 28, 1954, ch. 1041, title VI, § 605, 68 Stat. 909; Pub. L. 95–501, title III, § 301(4), Oct. 21, 1978, 92 Stat. 1688.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–501 substituted ‘‘this subchapter’’ for ‘‘this chapter’’. SUBCHAPTER II—UNITED STATES AGRICULTURAL TRADE OFFICES § 1765a. Agricultural Trade Offices (a) Establishment For the purpose of developing, maintaining, and expanding international markets for United States agricultural commodities, the Secretary of Agriculture, after consultation with the Sec- retary of State, shall establish not less than six nor more than twenty-five United States Agri- cultural Trade Offices in other nations. (b) Administration each 1 United States Agricultural Trade Office shall be directed and administered by an Agri- cultural Trade Officer who by reason of training, experience, and attainments is qualified to carry out the purposes of this subchapter. Such Officer shall be appointed by the Secretary of Agri- culture. (c) Appointment and compensation of officers Each Agricultural Trade Officer may be ap- pointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no Agricultural Trade Officer (1) may be paid basic pay at a rate in excess of the maximum annual rate of basic pay payable for GS–17 of the Gen- eral Schedule under section 5332 of such title, or (2) may be paid at a rate in excess of the highest rate paid to an Agricultural Counselor or Attache´, as the case may be, who is appointed under subchapter I of this chapter to the nation in which such Officer is to serve. (d) Transmittal of information Each Agricultural Trade Officer shall, through the Agricultural Counselor or Attache´ or other senior representative of the Secretary of Agri- culture in each nation in which the United States Agricultural Trade Office administered by such Officer exercises its functions, keep the Chief of the United States diplomatic mission fully and currently informed with respect to all activities and operations of such Office. (e) Office functions and activities Each Agricultural Trade Officer shall be re- sponsible for the exercise of the functions of the United States Agricultural Trade Office, and shall have the authority to direct and supervise all personnel and activities thereof. (f) Personnel; employment of local nationals To carry out the functions of United States Agricultural Trade Offices, the Secretary of Ag- riculture may appoint such other personnel as the Secretary determines to be necessary and may, with the concurrence of the Secretary of State, assign such personnel abroad and employ local nationals for necessary professional and clerical help. (g) Conflicts of interest No employee of any United States Agricul- tural Trade Office may engage in any business, vocation, or other employment, or have other interests, that are inconsistent with official re- sponsibilities. (h) Diplomatic privileges and immunities Upon the request of the Secretary of Agri- culture, the Secretary of State shall request for Agricultural Trade Officers and personnel of United States Agricultural Trade Offices diplo- matic privileges and immunities equivalent to those enjoyed by members of the Foreign Serv- ice of comparable rank and salary. (Aug. 28, 1954, ch. 1041, title VI, § 605A, as added Pub. L. 95–501, title IV, § 401(1), Oct. 21, 1978, 92 Stat. 1688; amended Pub. L. 96–465, title II, § 2206(b)(1), Oct. 17, 1980, 94 Stat. 2162.) Editorial Notes AMENDMENTS 1980—Subsec. (h). Pub. L. 96–465 substituted ‘‘mem- bers of the Foreign Service’’ for ‘‘Foreign Service Per- sonnel’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. 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. § 1765b. Functions The functions of each United States Agricul- tural Trade Office shall be to— (1) increase the effectiveness of agricultural export promotion efforts through consolida- tion of activities, providing services and facili- ties for foreign buyers and United States trade representatives, and coordination of market development activities sponsored by the De- partment of Agriculture; (2) establish goals by nation or region and agricultural commodity for developing, ex- panding, and maintaining markets for United States agricultural commodities; (3) initiate programs to achieve the export marketing goals approved by the Department of Agriculture;