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(3) * * * [Repealed—1964]952 and in the selection of one of such persons due consideration shall be given to persons quali

fied 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 953 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by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 621, may be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.

* [Repealed-1978) (e) 955 In addition to the officers otherwise provided for in this section, the President shall appoint, by and with the advice and consent of the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(f) 956 * * * (Repealed-1994) (g) 957 * * * [Repealed—1981]

Sec. 625.958 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

(d) 954 *

952 That part of sec. 624(a) to this point, beginning with the words “of whom--” was repealed by sec. 305(42) of the Government Employees Salary Reform Act of 1964 (Public Law 88–426). The repealed part provided for one Under Secretary, one Deputy Under Secretary, and ten Assistant Secretaries.

953 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".

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 (d), which concerned the office of Inspector General, Foreign Assistance, was repealed, effective July 1, 1978, by sec. 124(a) of the International Development and Food Assistance Act of 1977 (Public Law 95–88; 91 Stat. 541).

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

956 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(c)(2) of the State Department Basic Authorities Act of 1956, as amended by sec. 161 of Public Law 103–236 (22 U.S.C. 2651al 1 XcX2)).

Subsec. (1), 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(aX1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95–105; 91 Stat. 846).

957 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). Former subsec. (g) 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 Legislation on Foreign Relations Through 2001, vol. IV, sec. N. for text.

958 22 U.S.C. 2385.

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 959 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,960 but not in excess of the highest rate of grade 18 of such general schedule: 961 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.962

(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,963 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.964 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.965

(d) 966 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

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959 Sec. 301(c)(1) of the FA Act of 1962 inserted “one hundred and ten” in lieu of “seventy

960 Sec. 302(b)(1) of the FA Act of 1967 inserted “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.)".

961 Sec. 1001(k)(1) of the Postal Service and Federal Employees Salary Act of 1962 (Public Law 87–793) inserted “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".

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

963 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.

964 Sec. 302(c)(1) of the FA Act of 1967 inserted “section 5332 of title 5 of the United States Code” in lieu of “the Classification Act of 1949, as amended”.

Sec. 1001(kX2) 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 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".

965 Sec. 302(c)(2) of the FA Act of 1967 inserted “5108 of title 5 of the United States Code” in lieu of “505 of the Classification Act of 1949, as amended”.

966 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.

(e) 968 * *

at any other rate authorized by law, together with allowances and benefits under the Foreign Service Act of 1980.967 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.

[Repealed-1981) (f) 969 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) 970 * * * (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.

(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) 971 *** * (Repealed-1981) (k)972 * * * [Repealed-1980)

Sec. 626.973 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, 974 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

967 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).

968 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).

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

970 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).

971 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).

972 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. 2203d (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).

973 22 U.S.C. 2386.

974 Sec. 302(e)(1) 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)".

79-664

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title 5, United States Code, 975 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) 976 Service of an individual as an expert or consultant under subsection (a) of this section shall not 977 be considered as employment or holding of office or position bringing such individual within the provisions of section 3323(a) 978 of title 5 of the United States Code.

(c) 979 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. 627.980 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. 628.981 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

975 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).

976 Sec. 302(c)(1) 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.

977 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(c)2) of the FA Act of 1963.

978 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.

979 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).

980 22 U.S.C. 2387. 981 22 U.S.C. 2388.

technical, scientific, or professional advice or service to, or in cooperation with, such organization.

Sec. 629.982 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) 983 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 1980.984 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.985

Sec. 630.986 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—987

(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,988 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,988 or allowances, or to the appropriation, fund, or account currently available for such purposes;

(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

982 22 U.S.C. 2389.
983 Sec. 302(d) of the FA Act of 1962 substituted "624(d)” for “624(e)".

984 The reference to sec. 905 of the Foreign Service Act of 1980 was inserted 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).

985 Sec. 30200 of the FA Act of 1967 inserted “5536 of title 5 of the United States Code” in lieu of “1765 of the Revised Statutes (5 U.S.C. 70)".

986 22 U.S.C. 2390. 987 For text, see Legislation on Foreign Relations Through 2001, vol. I-B. 988 The word "benefits” was added by sec. 302(e) of the FA Act of 1965.

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