Legislation on Foreign Relations Through ...

Sec. 622,800 Coordination With Foreign Policy. (a) Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State.

(b) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the Diplomatic Mission shall make sure that recommendations of such representatives pertaining to military assistance (including civic action) and military education and training programs 801 are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

(c) 802 Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

Sec. 623.803 The Secretary of Defense. (a) In the case of assistance under part II of this Act, the Secretary of Defense shall have primary responsibility for

(1) the determination of military end-item requirements;

(2) the procurement of military equipment in a manner which permits its integration with service programs;

(3) the supervision of end-item use by the recipient countries; (4) the supervision of the training of foreign military and related civilian 804 personnel;

(5) the movement and delivery of military end-items; and

(6) within the Department of Defense, the performance of any other functions with respect to the furnishing of military assistance, education and training.805

(b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense.

799 Subsec. (c), which had called for an annual report from the President regarding the implementation of this section, was repealed by sec. 502(dX1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

800 22 U.S.C. 2382.

801 Sec. 302(aX1) of the FA Act of 1966 inserted "(including civic action) or sales programs" in lieu of “(including any civil action and sales program)". Sec. 45(bX1) of the Foreign Military Sales Act (Public Law 90-629) struck out "or sales" which appeared before the word "programs”. Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 added the words "and military education and training".

802 Subsec. (c) was amended and restated by sec. 106(b) of the International Security Assist ance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

The responsibility of the Secretary of State under this subsection, insofar as it relates to development assistance, was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).

803 22 U.S.C. 2383.

804 The words "and related civilian" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

805 The words ", education and training" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 733).

Sec. 624.806 Statutory Officers. (a) The President may appoint, by and with the advice and consent of the Senate, twelve officers 807 in the agency primarily responsible for administering part ** [Repealed-1964]

(1) *** [Repealed-1964]

(2) *** [Repealed-1964]

(3) *** [Repealed-1964] 808 and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers.

(b) Within the limitations established by subsection (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in 809 subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers.

(c) Any person who was appointed by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 621, may be appointed by the President to a comparable position authorized by subsection (a) of this section on the date of the establishment of the agency primarily responsible for administering part I, without further action by the Senate.

(d) 810 *

** [Repealed-1978]

(e) 811 In addition to the officers otherwise provided for in this section, the President shall appoint, by and with the advice and consent of the Senate, one officer for the purpose of coordinating security assistance programs.

(f) 812 *** [Repealed-1994]

806 22 U.S.C. 2384.

807 Sec. 7 of Reorganization Plan No. 2 of 1979 stated:

"One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.C. 5315(5)) is hereby abolished.".

808 That part of sec. 624(a) to this point, beginning with the words "of whom-" was repealed by sec. 305(42) of the Government Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed part provided for one Under Secretary, one Deputy Under Secretary, and ten Assistant Secretaries.

809 Sec. 302(bX1) of the FA Act of 1965 struck out the words "paragraph (3) of" which appeared at this point, and also substituted "or one or more of said officers" for "of the officers provided for in paragraphs (1) and (2) of that subsection".

810 Subsec. (d), which concerned the office of Inspector General, Foreign Assistance, was repealed, effective July 1, 1978, by sec. 124(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541).

811 Subsec. (e) was added by sec. 302 of the FA Act of 1971.

812 Sec. 162(e)(4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out subsec. (f), which had established the Assistant Secretary of State for Human Rights and Humanitarian Affairs in the Department of State. The newly designated Assistant Secretary of State for Democracy, Human Rights, and Labor and the responsibilities assigned to that title may be found at section 1(cX2) of the State Department Basic Authorities Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C. 2651a(1XcX2)).

Subsec. (f), as added originally by sec. 301(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 750), provided for the establishment of a Coordinator for Human Rights and Humanitarian Affairs. This title designation was upgraded to Assistant Secretary of State for Human Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846).

Sec. 626.829 Experts, Consultants, and Retired Officers.—(a) Experts and consultants or organizations thereof may, as authorized by section 3109 of title 5 of the United States Code,830 be employed for the performance of functions under this Act, and individuals so employed may be compensated at rates not in excess of the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5, United States Code,831 and while away from their homes or regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time. Contracts for such employment with such organizations, employment of personnel as experts and consultants, not to exceed ten in number, contracts for such employment of retired military personnel with specialized research and development experience, not to exceed ten in number, and contracts for such employment of retired military personnel with specialized experience of a broad politico-military nature, not to exceed five in number, may be renewed annually.

(b) 832 Service of an individual as an expert or consultant under subsection (a) of this section shall not 833 be considered as employment or holding of office or position bringing such individual within the provisions of section 3323(a) 834 of title 5 of the United States Code.

(c) 835 Persons of outstanding experience and ability may be employed without compensation by any agency of the United States Government for the performance of functions under this Act in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160(b)), and regulations issued thereunder.

Sec. 627,836 Detail of Personnel to Foreign Governments.Whenever the President determines it to be in furtherance of the purposes of this Act, the head of any agency of the United States Government is authorized to detail or assign any officer or employee of his agency to any office or position with any foreign government or foreign government agency, where acceptance of such office or position does not involve the taking of an oath of alle

(Public Law 96-465; 94 Stat. 2160). While nearly all provisions of the Foreign Service Act of 1980 were not effective until Feb. 15, 1981, sec. 2203(dX1) of such Act specified that the repeal of sec. 625(k) would be effective on the date of enactment of the Act (Oct. 17, 1980).

829 22 U.S.C. 2386.

830 Sec. 302(eX1) of the FA Act of 1967 inserted "3109 of title 5 of the United States Code" in lieu of "15 of the Act of August 22, 1946, as amended (5 U.S.C. 55a)".

831 The words to this point beginning with "the daily equivalent of the highest rate" were inserted in lieu of "$100 per diem" by sec. 603 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766).

832 Sec. 302(cX1) of the FA Act of 1963 struck out the first sentence of this section, relating to employment compensation, since the subject matter was superseded by Public Law 87-849, approved Oct. 23, 1962.

833 The words "Service of an individual as an expert or consultant under subsection (a) of this section shall not" were inserted in lieu of "Nor shall such service" by sec. 302(cX2) of the FA Act of 1963.

834 Sec. 126 of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added the words "section 3323(a) and struck out reference to secs. 3323(a) and 8344 of 5 USC, and sec. 872 of the Foreign Service Act of 1946.

836 Sec. 302(d) of the FA Act of 1965 redesignated subsec. (d) as subsec. (c). Former subsec. (c), which related to employment of retired officers, was repealed by the Dual Compensation Act (Public Law 88-448).

836 22 U.S.C. 2387.

(d) 822 For the purpose of performing functions under this Act outside the United States, the President may employ or assign individuals, or may authorize the employment or assignment of officers or employees by agencies of the United States Government which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates provided for under section 402 or section 403 of the Foreign_Service Act of 1980, or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under the Foreign Service Act of 1980.823 Individuals so employed or assigned shall be entitled, except to the extent that the President may specify otherwise in cases in which the period of employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of that Act for individuals appointed to the Foreign Service.

(e) 824 *** [Repealed-1981]

(f) 825 Funds provided for in agreements with foreign countries for the furnishing of services under this Act with respect to specific projects shall be deemed to be obligated for the services of personnel employed by agencies of the United States Government (other than the agencies primarily responsible for administering part I or part II of this Act) as well as personnel not employed by the United States Government.

(g) 826*** [Repealed-1981]

Notwithstanding any other provision of law, officers and employees of the United States Government performing functions under this Act shall not accept from any foreign country any compensation or other benefits. Arrangements may be made by the President with such countries for reimbursement to the United States Government or other sharing of the cost of performing such functions.

(i) To the maximum extent practicable officers and employees performing functions under this Act abroad shall be assigned to countries and positions for which they have special competence, such as appropriate language and practical experience.

(i) 827 *** [Repealed-1981] 827*

(k) 828 * *

* [Repealed-1980]

822 Subsec. (d) was amended and restated by sec. 2203(a) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). Subsec. (d) had previously been amended by the FA Act of 1962, the FA Act of 1964, the FA Act of 1967, and by the International Development and Food Assistance Act of 1977.

823 The references in this sentence to chapter 53 of title 5, U.S. Code, and "any other rate authorized by law" were added by sec. 703 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).

824 Subsec. (e), which authorized the President to prescribe standards for maintaining adequate performance levels of specified personnel, was repealed by sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160).

825 Sec. 625(f) was amended and restated by sec. 302(c)3) of the FA Act of 1962.

826 Subsec. (g), which concerned foreign language competence of personnel carrying out functions under this Act, was repealed by sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160).

827 Subsec. (j), as added by the FA Act of 1964 and which had concerned the Presidential appointment of U.S. representatives to the Inter-American Committee on the Alliance for Progress, was repealed by sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160).

828 Subsec. (k), as added by the FA Act of 1973 and which designated certain categories of personnel serving in the agency as being eligible to participate in the Foreign Service Retirement and Disability System, was repealed by sec. 2205(8) of the Foreign Service Act of 1980

Continued

Sec. 626,829 Experts, Consultants, and Retired Officers.-(a) Experts and consultants or organizations thereof may, as authorized by section 3109 of title 5 of the United States Code,830 be employed for the performance of functions under this Act, and individuals so employed may be compensated at rates not in excess of the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5, United States Code,831 and while away from their homes or regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time. Contracts for such employment with such organizations, employment of personnel as experts and consultants, not to exceed ten in number, contracts for such employment of retired military personnel with specialized research and development experience, not to exceed ten in number, and contracts for such employment of retired military personnel with specialized experience of a broad politico-military nature, not to exceed five in number, may be renewed annually.

(c) 835 Persons of outstanding experience and ability may be employed without compensation by any agency of the United States. Government for the performance of functions under this Act in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160(b)), and regulations issued thereunder.

830 Sec. 302(eX1) of the FA Act of 1967 inserted "3109 of title 5 of the United States Code" in lieu of "15 of the Act of August 22, 1946, as amended (5 U.S.C. 55a)".

834 Sec. 126 of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added the words "section 3323(a)" and struck out reference to secs. 3323(a) and 8344 of 5 USC, and sec. 872 of the Foreign Service Act of 1946.

835 Sec. 302(d) of the FA Act of 1965 redesignated subsec. (d) as subsec. (c). Former subsec. (c), which related to employment of retired officers, was repealed by the Dual Compensation Act (Public Law 88-448).

836 22 U.S.C. 2387.

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