Sec. 622.669 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 670 are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

(c) 671 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. 623.672 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 673 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.674

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

669 22 U.S.C. 2382.

670 Sec. 302(a)(1) of the FA Act of 1966 substituted "(including civic action) or sales programs" for "(including any civil action and sales program)". Sec. 45(b)(1) 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".

671 Subsec. (c) was amended by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 733). It formerly read: "Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance and military assistance programs, including but not limited to determining whether there shall be a military assistance (including civic action) 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."

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).

672 22 U.S.C. 2383.

673 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).

674 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. 624.675 Statutory Officers.-(a) The President may appoint, by and with the advice and consent of the Senate, twelve officers 676 in the agency primarily responsible for administering part I, * [Repealed-1964]

* *

(1) *** [Repealed-1964]

(2)

(3)

* * *

* * *

[Repealed-1964]

[Repealed-1964] 677 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 678 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) 679 *

*

* [Repealed-1978]

(e) 680 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) 681 (1) 682 There shall be in the Department of State an Assistant Secretary of State for Human Rights and Humanitarian Af

675 22 U.S.C. 2384.

676 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."

677 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 read as follows:

"of whom

"(1) one shall have the rank of an Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Under Secretary of an Executive Department;

"(2) one shall have the rank of a Deputy Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Deputy Under Secretary of an Executive Department; and

"(3) ten shall have the rank of Assistant Secretaries and shall be compensated at a rate not to exceed the rate authorized by law for any Assistant Secretary of an Executive Department,". 678 Sec. 302(b)(1) 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".

679 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).

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

681 Subsec. (f) was added by sec. 301(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 750).

682 Par. (1) was amended and restated by sec. 109(a)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105, 91 Stat. 846). It formerly read as follows:

"(1) There is established in the Department of State a Coordinator for Human Rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and Continued

fairs who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Assistant Secretary.

(2) The Assistant Secretary of State for Human Rights and Humanitarian Affairs 683 shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including

(A) gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502B of this Act are relevant;

(B) preparing the statements and reports to Congress required under section 502B of this Act;

(C) making recommendations to the Secretary of State and the Administrator of the Agency for International Development 684 regarding compliance with sections 116 and 502B of this Act, and as part of the Assistant Secretary's overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects;685 and

(D) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.

(g) 686 *** [Repealed-1981]

Sec. 625.687 Employment of Personnel.—(a) Any agency or officer of the United States Government carrying out functions under this Act is authorized to employ such personnel as the President deems necessary to carry out the provisions and purposes of this Act.

consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs."

683 The title designation of Assistant Secretary of State was inserted in lieu of Coordinator by sec. 109(a)(1)(B) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95105, 91 Stat. 846).

684 This responsibility of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).

685 The words to this point beginning with ", and as part of the Assistant Secretary's overall policy responsibility were added by sec. 1002(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164, 97 Stat. 1052).

686 Subsec. (g), as added by sec. 504 of Public Law 95-424 (92 Stat. 959) and amended by sec. 706 of Public Law 96-536 (94 Stat. 3158), was repealed by sec. 705(b)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1545). Subsec. (g) formerly concerned the responsibilities and duties of the Inspector General of AID. Similar language can now be found at sec. 8A of the Inspector General Act of 1978. See Volume IV, Sec. N. for text.

687 22 U.S.C. 2385.

(b) of the personnel employed in the United States to carry out part I or coordinate part I and part II, not to exceed one hundred and ten 688 may be appointed, compensated or removed without regard to the provisions of any law, of whom not to exceed fifty-one may be compensated at rates higher than those provided for grade 15 of the general schedule established by section 5332 of title 5 of the United States Code,689 but not in excess of the highest rate of grade 18 of such general schedule: 690 Provided, That, under such regulations as the President shall prescribe, officers and employees of the United States Government who are appointed to any of the above positions may be entitled, upon removal from such position, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by section 5108 of title 5 of the United States Code. 691

(c) of the personnel employed in the United States to carry out part II, or any Act superseding part II in whole or in part,692 not to exceed eight may be compensated at rates higher than those provided for grade 15 of the general schedule established by section 5332 of title 5 of the United States Code, but not in excess of the highest rate of grade 18 of such general schedule. 693 Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by section 5108 of title 5 of the United States Code. 694

(d) 695 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

688 Sec. 301(c)(1) of the FA Act of 1962 substituted "one hundred and ten" in lieu of "seventysix".

689 Sec. 302(b)(1) of the FA Act of 1967 substituted, "Section 5332 of title 5 of the United States Code" in lieu of "the Classification Act of 1949, as amended (5 U.S.C. 1071 et seq.)".

690 Sec. 1001(k)(1) of the Postal Service and Federal Employees Salary Act of 1962 (Public Law 87-793) substituted the words "but not in excess of the highest rate of grade 18 of such general schedule" in lieu of "and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year".

691 Sec. 302(b)(2) of the FA Act of 1967 substituted "5108 of title 5 of the United States Code" in lieu of "505 of the Classification Act of 1949, as amended".

692 The words "or any Act superseding part II in whole or in part," were added by sec. 302(c) of the FA Act of 1968.

693 Sec. 302(c)(1) of the FA Act of 1967 substituted "section 5332 of title 5 of the United States Code" in lieu of "the Classification Act of 1949, as amended".

Sec. 1001(k)2) of the Postal Service and Federal Employees Salary Act of 1962 (Public Law 87793) substituted the words "but not in excess of the highest rate of grade 18 of such general schedule" in lieu of "and if these, not to exceed three may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year".

694 Sec. 302(c)(2) of the FA Act of 1967 substituted "5108 of title 5 of the United States Code" in lieu of "505 of the Classification Act of 1949, as amended".

695 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.

under the Foreign Service Act of 1980.696 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) 697

** [Repealed-1981]

(f) 698 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)

(h) 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) 700 [Repealed-1981]

(k) 701 *

* *

[Repealed-1980]

Sec. 626.702 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,703 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

696 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).

697 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).

698 Sec. 625(f) was amended by sec. 302(c)(3) of the FA Act of 1962. It formerly read as follows: "Funds provided for in agreements with foreign countries for the furnishing of services under this Act shall be deemed to be obligated for the services of personnel employed by the United States Government as well as other personnel".

699 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).

700 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).

701 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 (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(d)(1) 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). 702 22 U.S.C. 2386.

703 Sec. 302(e)(1) of the FA Act of August 1967 substituted "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)".