
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2385]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2385. Employment of personnel


(a) Authorization

    Any agency or officer of the United States Government carrying out 
functions under this chapter is authorized to employ such personnel as 
the President deems necessary to carry out the provisions and purposes 
of this chapter.

(b) Appointments excepted from civil-service laws; supergrade positions; 
        reinstatement

    Of the personnel employed in the United States to carry out 
subchapter I of this chapter or coordinate subchapter I and subchapter 
II of this chapter, not to exceed one hundred and ten 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, but not in excess of the highest rate of grade 
18 of such general schedule: 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.

(c) Additional supergrade positions

    Of the personnel employed in the United States to carry out 
subchapter II of this chapter, or any Act superseding subchapter II of 
this chapter in whole or in part, 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, but not in excess of the highest 
rate of grade 18 of such general schedule. 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.

(d) Employment or assignment of officers and employees to perform 
        functions outside United States

    For the purpose of performing functions under this chapter 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 [22 U.S.C. 3962, 3963], 
or under chapter 53 of title 5, or at any other rate authorized by law, 
together with allowances and benefits under the Foreign Service Act of 
1980 [22 U.S.C. 3901 et seq.]. 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 [22 U.S.C. 3950] for individuals appointed to the 
Foreign Service.

(e) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17, 1980, 94 
        Stat. 2160

(f) Funds for personnel services

    Funds provided for in agreements with foreign countries for the 
furnishing of services under this chapter 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 subchapter I or II of 
this chapter) as well as personnel not employed by the United States 
Government.

(g) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17, 1980, 94 
        Stat. 2160

(h) Acceptance of compensation or other benefits from foreign countries; 
        arrangements for reimbursement

    Notwithstanding any other provision of law, officers and employees 
of the United States Government performing functions under this chapter 
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) Assignment based on competency

    To the maximum extent practicable officers and employees performing 
functions under this chapter abroad shall be assigned to countries and 
positions for which they have special competence, such as appropriate 
language and practical experience.

(Pub. L. 87-195, pt. III, Sec. 625, Sept. 4, 1961, 75 Stat. 449; Pub. L. 
87-565, pt. III, Sec. 302(c), Aug. 1, 1962, 76 Stat. 262; Pub. L. 87-
793, Sec. 1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88-663, pt. III, 
Sec. 302(a), Oct. 7, 1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, 
Sec. 302(c), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90-137, pt. III, 
Sec. 302(b)-(d), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90-554, title III, 
Sec. 302(c), Oct. 8, 1968, 82 Stat. 965; Pub. L. 93-189, Sec. 16, Dec. 
17, 1973, 87 Stat. 722; Pub. L. 95-88, title I, Sec. 125, Aug. 3, 1977, 
91 Stat. 542; Pub. L. 96-465, title II, Secs. 2203(a), 2205(8), Oct. 17, 
1980, 94 Stat. 2158, 2160; Pub. L. 97-113, title VII, Sec. 703, Dec. 29, 
1981, 95 Stat. 1544.)

                       References in Text

    This chapter, referred to in subsecs. (a), (d), (f), (h), and (i), 
was in the original ``this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 
75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2151 of this title and Tables.
    The Foreign Service Act of 1980, referred to in subsec. (d), is Pub. 
L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally 
to chapter 52 (Sec. 3901 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3901 of this title and Tables.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
    II, and References to Subchapter II Deemed To Exclude Such Parts

    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

    1981--Subsec. (d). Pub. L. 97-113 substituted ``or under chapter 53 
of title 5, or at any other rate authorized by law, together with 
allowances and benefits under the Foreign Service Act of 1980'' for 
``together with allowances and benefits under that Act''.
    1980--Subsec. (d). Pub. L. 96-465, Sec. 2203(a), substituted 
references to the Foreign Service Act of 1980, for references to the 
Foreign Service Act of 1946, and struck out provisions relating to the 
applicability of section 1005 of the Foreign Service Act of 1946 and 
relating to the utilization of Presidential authority under the Foreign 
Service Act of 1946 to carry out the functions of this chapter.
    Subsec. (e). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (e) 
which set forth requirement of standards or other criteria for 
maintenance of adequate performance levels for personnel. See sections 
4007 and 4008 of this title.
    Subsec. (g). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (g) 
which related to competency in foreign languages. See section 4022 of 
this title.
    Subsec. (j). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (j) 
which related to appointment and compensation of an Inter-American 
Committee representative.
    Subsec. (k). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (k) 
which related to applicability, etc., of Foreign Service Retirement and 
Disability System. See sections 3922 and 4043 of this title.
    1977--Subsec. (d)(2). Pub. L. 95-88 struck out a numerical 
limitation of fifty on the number of persons which the President may 
assign, at any one time, to duty within the United States for the 
purpose of preparation for assignments outside the United States.
    1973--Subsec. (k). Pub. L. 93-189 added subsec. (k).
    1968--Subsec. (c). Pub. L. 90-554 inserted ``or any Act superseding 
subchapter II of this chapter in whole or in part'' after ``to carry out 
subchapter II of this chapter''.
    1967--Subsecs. (b), (c). Pub. L. 90-137, Sec. 302(b), (c), 
substituted references to section 5332 of title 5 for former references 
to the Classification Act of 1949, as amended, and to section 5108 for 
former section 1105 of title 5.
    Subsec. (d)(2). Pub. L. 90-137, Sec. 302(d), authorized an increase 
in the assignment of foreign personnel from forty to fifty persons.
    1965--Subsec. (d)(2). Pub. L. 89-171 substituted ``forty'' for 
``twenty''.
    1964--Subsec. (d)(2). Pub. L. 88-633, Sec. 302(a)(1), substituted 
``the assignment to such duty of more than twenty persons at any one 
time'' for ``more than thirty persons in the aggregate''.
    Subsec. (j). Pub. L. 88-633, Sec. 302(a)(2), added subsec. (j).
    1962--Subsec. (b). Pub. L. 87-793, Sec. 1001(k)(1), substituted 
``but not in excess of the highest rate of grade 18 of such general 
schedule'' for ``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''.
    Pub. L. 87-565, Sec. 302(c)(1), substituted ``one hundred and ten'' 
for ``seventy-six''.
    Subsec. (c). Pub. L. 87-793, Sec. 1001(k)(2), substituted ``but not 
in excess of the highest rate of grade 18 of such general schedule'' for 
``and of 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''.
    Subsec. (d)(2). Pub. L. 87-565, Sec. 302(c)(2), authorized the 
President to initially assign personnel, not exceeding 30 persons in the 
aggregate, for duty within the United States for a period not exceeding 
two years for preparation for duty outside the United States.
    Subsec. (f). Pub. L. 87-565, Sec. 302(c)(3), inserted ``with respect 
to specific projects'', and ``agencies of'', and excluded services of 
employees of agencies primarily responsible for administering subchapter 
I or II of this chapter from the purview of this subsection.


                    Effective Date of 1980 Amendment

    Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) by 
Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, 
see section 2403 of Pub. L. 96-465, set out as an Effective Date note 
under section 3901 of this title.
    Repeal of subsec. (k) by Pub. L. 96-465 effective Oct. 17, 1980, see 
section 2403(d)(1) of Pub. L. 96-465.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-793 effective on first day of first pay 
period which begins on or after Oct. 11, 1962, see section 1008 of Pub. 
L. 87-793.

                         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.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


 Entitlement to Benefits for Services Performed Outside United States; 
                     Service Exceeding Thirty Months

    Persons appointed, employed, or assigned after May 19, 1959, under 
former section 1787(c) of this title or subsec. (d) of this section for 
the purpose of performing functions under the Mutual Security Act of 
1954 (see Short Title note set out under section 1754 of this title) and 
this chapter, outside the United States, shall not, unless otherwise 
agreed by the agency in which such benefits may be exercised, be 
entitled to the benefits provided for by section 3950 of this title in 
cases in which their service under the appointment, employment, or 
assignment exceeds thirty months, see Ex. Ord. No. 12163, Sec. 1-602(b), 
Sept. 29, 1979, 44 F.R. 56677, 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 section 2396 of this title; title 37 
section 306a.
