
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2384]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2384. Statutory officers


(a) Appointment

    The President may appoint, by and with the advice and consent of the 
Senate, twelve officers in the agency primarily responsible for 
administering subchapter I of this chapter, and in the selection of one 
of such persons due consideration shall be given to persons qualified as 
professional engineers.

(b) Rate of compensation; title of officers; order of succession

    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 subsection (a) of this 
section in the event of the absence, death, resignation, or disability 
of one or more of said officers.

(c) Appointment of certain statutory officers to comparable positions

    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repealed by section 642(a) and who is serving in one of such positions 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 2381 of this title, 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 subchapter I of this chapter, without further action by 
the Senate.

(d) Repealed. Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977, 91 
        Stat. 541

(e) Coordinator for security assistance

    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.

(Pub. L. 87-195, pt. III, Sec. 624, Sept. 4, 1961, 75 Stat. 447; Pub. L. 
87-565, pt. III, Sec. 302(b), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-
205, pt. III, Sec. 302(b), Dec. 16, 1963, 77 Stat. 388; Pub. L. 88-426, 
title III, Sec. 305(33), (42), Aug. 14, 1964, 78 Stat. 426, 428; Pub. L. 
89-171, pt. III, Sec. 302(b), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89-
583, pt. III, Sec. 302(b), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-137, 
pt. III, Sec. 302(a), Nov. 14, 1967, 81 Stat. 460; Pub. L. 91-175, pt. 
III, Sec. 304, Dec. 30, 1969, 83 Stat. 821; Pub. L. 92-226, pt. III, 
Sec. 302, Feb. 7, 1972, 86 Stat. 28; Pub. L. 94-329, title III, 
Sec. 301(b), June 30, 1976, 90 Stat. 750; Pub. L. 95-88, title I, 
Sec. 124(a)(1), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-105, title I, 
Sec. 109(a)(1), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-424, title V, 
Sec. 504, Oct. 6, 1978, 92 Stat. 959; Pub. L. 96-533, title VII, 
Sec. 706, Dec. 16, 1980, 94 Stat. 3158; Pub. L. 97-113, title VII, 
Sec. 705(b)(1), Dec. 29, 1981, 95 Stat. 1545; Pub. L. 98-164, tile X, 
Sec. 1002(b), Nov. 22, 1983, 97 Stat. 1052; Pub. L. 103-236, title I, 
Sec. 162(e)(4), Apr. 30, 1994, 108 Stat. 405.)

                       References in Text

    Section 642(a), referred to in subsec. (c), means section 642(a) of 
Pub. L. 87-195, which is set out as a note under section 2151 of this 
title.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
                                   II

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.


                               Amendments

    1994--Subsec. (f). Pub. L. 103-236 struck out subsec. (f) which 
provided for an Assistant Secretary of State for Human Rights and 
Humanitarian Affairs and prescribed the Assistant Secretary's duties.
    1983--Subsec. (f)(2)(C). Pub. L. 98-164 inserted provisions relating 
to providing advice to the Administrator of the Agency for International 
Development on policy framework.
    1981--Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which 
related to the Inspector General and the duties, responsibilities, and 
compensation of such official. See sections 2, 8A, and 11 of the 
Inspector General Act of 1978, Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 
1101, as amended, set out in the Appendix to Title 5, Government 
Organization and Employees.
    1980--Subsec. (g). Pub. L. 96-533 substituted in pars. (1) to (5) 
``Inspector General'' for ``Auditor General'' wherever appearing; in 
par. (3), imposed upon the Inspector General requirement of supervising, 
directing, and controlling security activities, including audit, 
investigative, and security activities relating to programs and 
operations within the United States International Development 
Cooperation Agency; in par. (4) required submission of an annual report 
to the Director; and added pars. (6) to (9).
    1978--Subsec. (g). Pub. L. 95-424 added subsec. (g).
    1977--Subsec. (d). Pub. L. 95-88 struck out subsec. (d) which 
provided for an Inspector General, Foreign Assistance.
    Subsec. (f)(1). Pub. L. 95-105, Sec. 109(a)(1)(A), substituted 
references to the Assistant Secretary of State for Human Rights and 
Humanitarian Affairs for references to the Coordinator for Human Rights 
and Humanitarian Affairs.
    Subsec. (f)(2). Pub. L. 95-105, Sec. 109(a)(1)(B), substituted 
``Assistant Secretary of State'' for ``Coordinator''.
    1976--Subsec. (f). Pub. L. 94-329 added subsec. (f).
    1972--Subsec. (e). Pub. L. 92-226 added subsec. (e).
    1969--Subsec. (d)(2)(A). Pub. L. 91-175, Sec. 304(1), inserted 
provision including the Overseas Private Investment Corporation in 
Inspector General's reviews and audits, and inserted provision 
authorizing the conduct of such reviews and audits for programs under 
section 290f of this title.
    Subsec. (d)(5), (7). Pub. L. 91-175, Sec. 304(2), (3), included 
section 290f of this title within provisions of this section.
    1967--Subsec. (d)(2)(B). Pub. L. 90-137 struck out ``of assistance'' 
after ``programs'' in two places.
    1966--Subsec. (d)(8). Pub. L. 89-583 added par. (8).
    1965--Subsec. (b). Pub. L. 89-171, Sec. 302(b)(1), struck out 
``paragraph (3) of'' before ``subsection (a) of this section'' the 
second time it appears and substituted ``of one or more of said 
officers'' for ``of the officers provided for in paragraphs (1) and (2) 
of that subsection''.
    Subsec. (d)(2)(A), (5), (7). Pub. L. 89-171, Sec. 302(b)(2), 
substituted ``the Latin American Development Act, as amended'' for 
``Public Law 86-735''.
    1964--Subsec. (a). Pub. L. 88-426, Sec. 305(42), repealed provisions 
which related to the appointment of an Under Secretary, Deputy Under 
Secretary and ten Assistant Secretaries and prescribed their rates of 
compensation.
    Subsec. (d)(1). Pub. L. 88-426, Sec. 305(33), repealed provisions 
which prescribed the compensation of the Inspector General, Deputy 
Inspector General and Assistant Inspector Generals. See section 5315 of 
Title 5, Government Organization and Employees.
    1963--Subsecs. (a)(2), (3). Pub. L. 88-205, Sec. 302(b)(1), (2), 
reduced the number of Deputy Under Secretaries from two to one in par. 
(2), and increased the number of Assistant Secretaries from 9 to 10 in 
par. (3).
    Subsec. (b). Pub. L. 88-205, Sec. 302(b)(3), made conforming changes 
in language to reflect that only one Deputy Under Secretary may now be 
appointed.
    Subsec. (d)(1). Pub. L. 88-205, Sec. 302(b)(4), inserted ``who shall 
be appointed by the President by and with the advice and consent of the 
Senate,'' and increased the salary of the Deputy Inspector General, 
Foreign Assistance, from $19,500 to $20,000.
    1962--Subsecs. (d), (e). Pub. L. 87-565 redesignated subsec. (e) as 
(d), inserted ``, and programs being conducted by United States 
Government Agencies under sections 1942 to 1945 of this title,'' in par. 
2(A), and ``, and sections 1942 to 1945 of this title,'' in pars. (5) 
and (7), and repealed former subsec. (d) which related to the temporary 
continuation of certain statutory positions.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.


                    Effective Date of 1977 Amendment

    Section 124(c) of Pub. L. 95-88 provided that: ``The amendments made 
by this section [amending this section and section 5315 of Title 5, 
Government Organization and Employees, and enacting provisions set out 
as a note under this section] shall take effect on July 1, 1978.''


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-426 effective on first day of first pay 
period which begins on or after July 1, 1964, except to the extent 
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 
88-426.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


 Assumption of Duties by Coordinator for Human Rights and Humanitarian 
                                 Affairs

    Section 109(a)(6) of Pub. L. 95-105 provided that: ``The individual 
holding the position of Coordinator for Human Rights and Humanitarian 
Affairs on the date of enactment of this section [Aug. 17, 1977] shall 
assume the duties of the Assistant Secretary of State for Human Rights 
and Humanitarian Affairs and shall not be required to be reappointed by 
reason of the enactment of this section.''


Report to Speaker of the House and Congressional Committees on Office of 
      Assistant Secretary for Human Rights and Humanitarian Affairs

    Section 109(a)(7) of Pub. L. 95-105, which required the Secretary of 
State, not later than Jan. 31, 1978, to transmit to the Speaker of the 
House of Representatives and the chairmen of the Senate Committee on 
Foreign Relations and the Senate Committee on the Judiciary a 
comprehensive report on the Office of the Assistant Secretary for Human 
Rights and Humanitarian Affairs, including its current mandate and 
operations, the mandate and operations of its predecessor offices, and 
proposals for the reorganization of the Department of State that would 
strengthen human rights and humanitarian considerations in the conduct 
of United States foreign policy and promote the ability of the United 
States to participate effectively in international humanitarian efforts, 
was repealed by Pub. L. 97-241, title V, Sec. 505(a)(3), Aug. 24, 1982, 
96 Stat. 299, and Pub. L. 98-164, title X, Sec. 1011(a)(5), Nov. 22, 
1983, 97 Stat. 1061.


Assignment of Duties and Responsibilities to Inspector General, Foreign 
                                 Service

    Section 124(a)(2) of Pub. L. 95-88, which provided that the 
President (A) may assign to the Inspector General, Foreign Service, any 
of the duties and responsibilities vested by such section 624(d) 
[subsec. (d) of this section] in the Inspector General, Foreign 
Assistance, and (B) may authorize the Inspector General, Foreign 
Service, to exercise such of the authorities granted by such section 
624(d) [subsec. (d) of this section] to the Inspector General, Foreign 
Assistance, as the President determines are necessary to carry out any 
duties or responsibilities so assigned, was repealed by Pub. L. 96-465, 
title II, Sec. 2205(11), Oct. 17, 1980, 94 Stat. 2160. See section 3929 
of this title.


                  Agency for International Development

    For appointments under subsec. (a) to United States Agency for 
International Development, see section 1-200(b) and (c) of Ex. Ord. No. 
12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note 
under section 2381 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2389, 6592 of this title.s
