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Title 7 — Agriculture

Chapter 43 — Foreign Market Development

§ 1762. Personnel

Statutory text

(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 Attaché, 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 attachés 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 .

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), formerly § 602(a)–(c), (e), 68 Stat. 908, 909 · 68 Stat. 908

    Enacted · 7 U.S.C. § 1762

    Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), formerly § 602(a)–(c), (e), 68 Stat. 908, 909

    Source evidence

    Code source credit
    Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), formerly § 602(a)–(c), (e), 68 Stat. 908, 909

  2. Public Law not identified

    Repealed · 7 U.S.C. § 1762(a)

    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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

  3. Pub. L. 89–106 § 4 · 79 Stat. 431

    Added · 7 U.S.C. § 1762(e)

    Pub. L. 89–106 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–106 added subsec. (e).

    Enacted provision · exact public law section
    Sec. 4. Section 602 of the Agricultural Act of 1954 (68 Stat. 908) Overseas personnel, assignment to U.S. 7 USC 1762. is amended by adding at the end thereof the following: “(e) Any officer or employee appointed and assigned to a post abroad pursuant to this title 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.”

  4. Pub. L. 94–449 · 90 Stat. 1500

    Added · 7 U.S.C. § 1762(f)

    Pub. L. 94–449 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 94–449 added subsec. (f).

  5. Agricultural Trade Act of 1978

    Pub. L. 95–501 § 301(4) · 92 Stat. 1685

    Substituted · 7 U.S.C. § 1762(a)

    Pub. L. 95–501, § 301(4), substituted “this subchapter” for “this chapter”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–501, § 301(4), substituted “this subchapter” for “this chapter”.

    Enacted provision · exact public law section
    (4) in sections 602(a), 602(e), 604, and 605, striking out “this title” wherever that phrase appears therein and inserting in lieu thereof “this subtitle”;

  6. Agricultural Trade Act of 1978

    Pub. L. 95–501 § 301(5) · 92 Stat. 1685

    Inserted · 7 U.S.C. § 1762(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (5) amending section 602(b) to read as follows: “(b) Officers or employees assigned or appointed to posts abroad under this subtitle shall have the designation of Agricultural Counselor, Agricultural Attaché, 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 Agricultural Counselor. of other counselors or attachés 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 the date of enactment of the Agricultural Trade Act Ante, p. 1685. of 1978.”; and

  7. Agricultural Trade Act of 1978

    Pub. L. 95–501 title III § 301(4) · 92 Stat. 1685

    1. Redesignated · 7 U.S.C. § 1762(d); 7 U.S.C. § 1762(e)

      Pub. L. 95–501, §§ 301(4), 401(5), redesignated subsec. (e) as (d)

    2. Redesignated · 7 U.S.C. § 1762(d); 7 U.S.C. § 1762(e)

      Pub. L. 95–501, §§ 301(4), 401(5), 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

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 95–501, §§ 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.

    Enacted provision · exact public law section
    (4) in sections 602(a), 602(e), 604, and 605, striking out “this title” wherever that phrase appears therein and inserting in lieu thereof “this subtitle”;

  8. Agricultural Trade Act of 1978

    Pub. L. 95–501 § 401(3) · 92 Stat. 1685

    Redesignated · 7 U.S.C. § 1762(f)

    Pub. L. 95–501, § 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–501, § 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.

    Enacted provision · exact public law section
    (3) redesignating sections 602(d), 602(f), and 603 as sections 606B, 606C, and 606D, respectively, and inserting the redesignated sections immediately after section 606A, as redesignated by paragraph (2) of this section;

6 of 9 references resolved to an enrolled provision · 2 partial · 1 unresolved

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.

Amendments1955–1978 · 4 rounds

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), 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 , 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 subsec. (f), relating to language training for families of officers and employees assigned abroad, as section 606C of act , 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 , 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1955 Amendment

Amendment by act , effective , see section 13 of act of .

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, § 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, , 20 F.R. 5445, as amended by Ex. Ord. No. 10903, , 26 F.R. 217; Ex. Ord. No. 11530, , 35 F.R. 8335; Ex. Ord. No. 12292, , 46 F.R. 13967; Ex. Ord. No. 12608, , 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 , 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 [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 [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 [this chapter].

This order shall be effective as of .

Credits

1954–1978 · 5 acts
  1. 1954Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), formerly § 602(a)–(c), (e), 68 Stat. 908, 909
  2. 1955amended June 28, 1955, ch. 189, § 12(c)(13), 69 Stat. 182
  3. 1965Pub. L. 89–106, § 4, , 79 Stat. 431
  4. 1976Pub. L. 94–449, , 90 Stat. 1500
  5. 1978renumbered § 602(a)–(d) and amended Pub. L. 95–501, title III, § 301(4), (5), title IV, § 401(3), (5), , 92 Stat. 1688, 1691.
Show as published

(Aug. 28, 1954, ch. 1041, title VI, § 602(a)–(d), formerly § 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, , 79 Stat. 431; Pub. L. 94–449, , 90 Stat. 1500; renumbered § 602(a)–(d) and amended Pub. L. 95–501, title III, § 301(4), (5), title IV, § 401(3), (5), , 92 Stat. 1688, 1691.)

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