under the General Schedule established by section 5332 of title 5, United States Code,704 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) 705 Service of an individual as an expert or consultant under subsection (a) of this section shall not 706 be considered as employment or holding of office or position bringing such individual within the provisions of section 3323(a) 707 of title 5 of the United States Code.

(c) 708 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. 627.709 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 allegiance to another government or the acceptance of compensation

704 The words to this point beginning with "the daily equivalent of the highest rate" were substituted 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).

705 Sec. 302(c)(1) of the FA Act of 1963 struck out the first sentence of this section since the subject matter was superseded by Public Law 87-849, approved Oct. 23, 1962. The first sentence formerly read as follows: "Service of an individual as an expert or consultant under subsection (a) of this section shall not be considered as service or employment bringing such individual within the provisions of section 281, 283, or 284 of title 18 of the United States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99), or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States Government, except insofar as such provisions of law may prohibit any such individual from receiving compensation in respect of any particular matter in which such individual was directly involved in the performance of such service."

706 The words "Service of an individual as an expert or consultant under subsection (a) of this section shall not" were substituted for the words "Nor shall such service" by sec. 302(c)2) of the FA Act of 1963.

707 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 the following:

"Sections 3323(a) and 8344 of title 5 of the United States Code, section 872 of the Foreign Service Act of 1946, as amended, or any other law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 5532."

708 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), Aug. 19, 1964.

709 22 U.S.C. 2387.

or other benefits from any foreign country by such officer or employee.

Sec. 628.710 Detail of Personnel to International Organizations. Whenever the President determines it to be consistent with and in furtherance of the purposes of this Act, the head of any agency of the United States Government is authorized to detail, assign, or otherwise make available to any international organization any officer or employee of his agency to serve with, or as a member of, the international staff of such organization, or to render any technical, scientific, or professional advice or service to, or in cooperation with, such organization.

Sec. 629.711 Status of Personnel Detailed.-(a) Any officer or employee, while assigned or detailed under section 627 or 628 of this Act, shall be considered, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and he shall continue to receive compensation, allowances, and benefits from funds appropriated to that agency or made available to that agency under this Act.

(b) Any officer or employee assigned, detailed, or appointed under section 627, 628, 631, or 624(d) 712 of this Act is authorized to receive under such regulations as the President may prescribe, representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980.713 The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5 of the United States Code. 714

Sec. 630.715 Terms of Detail or Assignment.-Details or assignments may be made under section 627 or 628 of this Act or section 408 of the Mutual Security Act of 1954, as amended- 716

(1) without reimbursement to the United States Government by the foreign government or international organization;

(2) upon agreement by the foreign government or international organization, to reimburse the United States Government for compensation, travel expenses, benefits,717 and allowances, or any part thereof, payable to the officer or employee concerned during the period of assignment or detail; and such reimbursements (including foreign currencies) shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, benefits,717 or allowances, or to the appropriation, fund, or account currently available for such purposes;

710 22 U.S.C. 2388.

711 22 U.S.C. 2389.

712 Sec. 302(d) of the FA Act of 1962 substituted "624(d)" for "624(e)".

713 The reference to sec. 905 of the Foreign Service Act of 1980 was substituted in lieu of a reference to sec. 901 of the Foreign Service Act of 1946 by sec. 2203(b) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2158).

714 Sec. 302(f) of the FA Act of 1967 substituted “5536 of title 5 of the United States Code" in lieu of "1765 of the Revised Statutes (5 U.S.C. 70)".

715 22 U.S.C. 2390.

716 For text, see page 595.

717 The word "benefits" was added by sec. 302(e) of the FA Act of 1965.

(3) upon an advance of funds, property, or services by the foreign government or international organization to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this Act; and funds so advanced may be established as a separate fund in the Treasury of the United States Government, to be available for the specified uses, and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this Act, any unexpended balance of such account to be returned to the foreign government or international organization; or

(4) subject to the receipt by the United States Government of a credit to be applied against the payment by the United States Government of its share of the expenses of the international organization to which the officer or employee is detailed or assigned, such credit to be based upon the compensations, travel expenses, benefits 717 and allowances, or any part thereof, payable to such officer or employee during the period of detail or assignment in accordance with section 629.

Sec. 631.718 Missions and Staffs Abroad. (a) The President may maintain special missions or staffs outside the United States in such countries and for such periods of time as may be necessary to carry out the purposes of this Act. Each such special mission or staff shall be under the direction of a chief.

(b) The chief and his deputy of each special mission or staff carrying out the purposes of part I shall be appointed by the President, and may, notwithstanding any other law, be removed by the President at his discretion. Such chief shall be entitled to receive such compensation and allowances as are authorized by the Foreign Service Act of 1980, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the President shall determine to be appropriate.719

(c) 720 The President may appoint any United States citizen who is not an employee of the United States Government or may assign any United States citizen who is a United States Government employee to serve as Chairman of the Development Assistance Committee or any successor committee thereto of the Organization for Economic Cooperation and Development upon election thereto by members of said Committee, and, in his discretion, may terminate such appointment or assignment, notwithstanding any other provision of law. Such person may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the President shall determine to be appropriate. Such person (if not a United States Government employee who is assigned to serve as Chairman) shall be deemed to be an employee of the United States Government for purposes of chapters

718 22 U.S.C. 2391.

719 This sentence was amended and restated by sec. 2203(c) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2158). The former text made reference to the Foreign Service Act of 1946 which was repealed by the 1980 Act.

720 Subsec. (c) was added by sec. 302(d) of the FA Act of 1963.

81, 83, 87, and 89 of title 5, United States Code. 721 Such person may also, in the President's discretion, receive any other benefits and perquisites available under this Act to chiefs of special missions or staffs outside the United States established under this section.

(d) 722 Wherever practicable, especially in the case of the smaller programs, assistance under part I of this Act 723 shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal economic officer of the mission.724 Sec. 632.725 Allocation and Reimbursement Among Agencies.(a) The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this Act, including any advance to the United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training,726 or services (including defense services). Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.

(b) Any officer of the United States Government carrying out functions under this Act may utilize the services (including defense services) and facilities of, or procure commodities, defense articles, or military education and training 727 from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.

(c) In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out part I, reimbursement or repayment shall be made to such agency from funds available to carry out such part. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or, in the case of services procured from the Department of Defense to carry out chapter 8 of part I, the amount of the additional costs incurred by the Department of Defense in providing such services,728 or at any other price authorized by law and

721 This sentence was amended and restated by sec. 2203(d) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2158). The former text made reference to the Foreign Service Act of 1946 which was repealed by the 1980 Act.

722 Subsec. (d) was added by sec. 302(f) of the FA Act of 1965.

723 The reference to "part I" was added by sec. 7(b)(1) of the International Security Assistance Act of 1977 (Public Law 95-92, 91 Stat. 617).

724 The words "in the case of assistance under part I, and by the senior military officer of the mission in the case of assistance under part II", which had previously appeared at this point, were struck out by sec. 7(b)(2) of the International Security Assistance Act of 1977 (Public Law 95-92, 91 Stat. 617).

725 22 U.S.C. 2392.

726 The words ", military 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).

727 The words ", defense articles, or military education and training" were substituted in lieu of "and defense articles" by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 733).

728 Sec. 4506 of Public Law 100-690, 102 Stat. 4286, added "or, in the case of

agreed to by the owning or disposing agency. The amount of any such reimbursement or payment shall be credited to current applicable appropriations, funds, or accounts, from which there may be procured replacements of similar commodities, services, or facilities, except that where such appropriations, funds, or accounts are not reimbursable except by reason of this subsection, and when the owning or disposing agency determines that such replacement is not necessary, any funds received in payment therefor shall be deposited into the Treasury as miscellaneous receipts.

(d) Except as otherwise provided in section 506,729 reimbursement shall be made to any United States Government agency, from funds available for use under part II, for any assistance furnished under part II from, by, or through such agency. Such reimbursement shall be in an amount equal to the value (as defined in section 644(m)) of the defense articles or of the defense services (other than salaries of members of the Armed Forces of the United States), or other assistance furnished, plus expenses arising from or incident to operations under part II. The amount of such reimbursement shall be credited to the current applicable appropriations, funds, or accounts of such agency.

(e) In furnishing assistance under this Act, accounts may be established on the books of any agency of the United States Government or, on terms and conditions approved by the Secretary of the Treasury, in banking institutions in the United States, (1) against which letters of commitment may be issued which shall constitute recordable obligations of the United States Government, and moneys due or to become due under such letters of commitment shall be assignable under the Assignment of Claims Act of 1940, as amended (second and third paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from which disbursements may be made to, or withdrawals may be made by, recipient countries or agencies, organizations, or persons upon presentation of contracts, invoices, or other appropriate documentation. Expenditure of funds which have been made available through accounts so established shall be accounted for on standard documentation required for expenditure of funds of the United States Government: Provided, That such expenditures for commodities, defense articles, military education and training services (including defense services), or facilities procured outside the United States may be accounted for exclusively on such certification as may be prescribed in regulations approved by the Comptroller General of the United States.

(f) Credits made by the Export-Import Bank of Washington with funds allocated thereto under subsection (a) of this section or under section 522(a) of the Mutual Security Act of 1954, as amended, shall not be considered in determining whether the Bank has outstanding at any one time loans and guaranties to the extent of the limitation imposed by section 7 of the Export-Import Bank Act of 1945,730 as amended (12 U.S.C. 635e).

(g) Any appropriation or account available to carry out provisions of part I may initially be charged in any fiscal year, within

729 Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law 90-629) substituted "section 506" in lieu of secs. “506, 522, and 523,".

730 For text, see vol. III, sec. I.