provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 621, may be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) 664 *

* *

[Repealed-1978]

(e) 665 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) 666 (1) 667 There shall be in the Department of State an Assistant Secretary of State for Human Rights and Humanitarian Affairs 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 668 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 669 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

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

666 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).

667 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 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."

668 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).

669 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).

(g)

which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects; 670 and

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

[Repealed-1981]

Sec. 625.672 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.

(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 673 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,674 but not in excess of the highest rate of grade 18 of such general schedule: 675 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. 676

not

(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,677 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. 678 Such positions

670 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).

671 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.

672 22 U.S.C. 2385.

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

674 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.)".

675 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".

676 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".

677 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.

678 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".

Continued

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. 679

(d) 680 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 1980.681 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) 682 *** [Repealed-1981]

(f) 683 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 servicesof 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) 684 [Repealed-1981]

(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.

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".

679 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".

680 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.

681 The references in this sentence to ch. 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).

682 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).

683 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".

684 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).

(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.

(j)

685 * * *
* *

(k) 686 *

[Repealed-1981]
[Repealed-1980]

Sec. 626.687 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,688 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,689 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) 690 Service of an individual as an expert or consultant under subsection (a) of this section shall not 691 be considered as employment or holding of office or position bringing such individual

685 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).

686 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).

687 22 U.S.C. 2386.

688 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)".

689 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).

690 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."

691 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.

whin the provisions of section 3323(a) 692 of title 5 of the United Setes Code.

c) 693 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. 627.694 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 or other benefits from any foreign country by such officer or employee.

Sec. 628.695 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. 629.696 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) 697 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 1980.698 The authorization of such al

692 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.

693 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.

694 22 U.S.C. 2387.

695 22 U.S.C. 2388.

696 22 U.S.C. 2389.

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

698 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).