§ 1762. — Personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1762]
TITLE 7--AGRICULTURE
CHAPTER 43--FOREIGN MARKET DEVELOPMENT
SUBCHAPTER I--GENERAL PROVISIONS; AGRICULTURAL COUNSELORS AND
AGRICULTURAL ATTACHES
Sec. 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 determines to be necessary and, with the concurrence 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,
Agricultural Attache, or such other titles or designations 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 attaches in United States embassies. An Agricultural
Counselor shall be appointed in any nation--
(1) to which a substantial number of governments with which the
United States competes directly for agricultural markets in such
nation assign agricultural representatives with the diplomatic
status of counselor or its equivalent; or
(2) in which--
(A) the potential is great for long-term expansion of a
market for United States agricultural commodities, and
(B) competition with other nations for existing 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 Agriculture, 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 Agriculture, and shall obtain for
them diplomatic privileges and immunities equivalent to those enjoyed by
Foreign Service personnel of comparable rank and salary.
(d) Assignment to United States
Any officer or employee appointed and assigned to a post abroad
pursuant to this subchapter may, in the discretion of the Secretary of
Agriculture, be assigned for duty in the continental 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 Department of Agriculture), for a period of not more
than three years: Provided, That the total number of such employees
assigned for duty in the continental United States under this provision
shall not exceed fifteen at any one time: Provided 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, Sec. 602(a)-(d), formerly
Sec. 602(a)-(c), (e), 68 Stat. 908, 909; amended June 28, 1955, ch. 189,
Sec. 12(c)(13), 69 Stat. 182; Pub. L. 89-106, Sec. 4, Aug. 4, 1965, 79
Stat. 431; Pub. L. 94-449, Oct. 1, 1976, 90 Stat. 1500; renumbered
Sec. 602(a)-(d) and amended Pub. L. 95-501, title III, Sec. 301(4), (5),
title IV, Sec. 401(3), (5), Oct. 21, 1978, 92 Stat. 1688, 1691.)
References in Text
The civil-service laws, referred to in subsec. (d), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
This Act, referred to in subsec. (d), is act Aug. 28, 1954, ch.
1041, 68 Stat. 897, as amended, 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, Sec. 301(4), substituted ``this
subchapter'' for ``this chapter''.
Subsec. (b). Pub. L. 95-501, Sec. 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, Secs. 301(4), 401(5),
redesignated subsec. (e) as (d) and substituted ``this subchapter'' for
``this chapter''. Former subsec. (d), relating to Presidential
regulations, was redesignated section 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, Sec. 401(3), redesignated subsec. (f),
relating to language training for families of officers 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 provisions
authorizing the Secretary of Agriculture to place not more than eight
positions in grade 16 and two in grade 17 of the General Schedule of the
Classification Act of 1949.
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 Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
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 Department of
Agriculture assigned to service abroad:
Section 1. (a) The provisions of section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927) shall be applicable 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 activities 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
Diplomatic Mission.
(c) Consistent with subsections (a) and (b) of this section, the
Secretary of Agriculture shall issue instructions 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 personnel assigned
abroad by the Secretary of Agriculture under Title VI of the Act of
August 28, 1954 [this chapter], 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 [section 5921 et seq. of Title 5, Government
Organization and Employees], or by any amendment thereof as relates to
quarters allowances or cost-of-living allowances, 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,
Foreign Relations and Intercourse], as relates to allowances 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 limitation of such rules and
regulations, prescribe necessary implementing directions. The Secretary
of Agriculture 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 Agriculture.
Sec. 3. Such provisions in annual appropriation acts of the
Department of State, including such acts hereafter enacted, facilitating
the work of the Foreign Service of the United States as the Director of
the Office 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.
