
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: 22USC2386]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2386. Experts, consultants, and retired officers


(a) Employment; compensation; renewal of contracts of employment

    Experts and consultants or organizations thereof may as authorized 
by section 3109 of title 5 be employed for the performance of functions 
under this chapter, 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, 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) Exemption from certain Federal laws

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

(c) Employment without compensation of persons of outstanding experience 
        and ability

    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 chapter in accordance with the 
provisions of section 2160(b) of Appendix to title 50, and regulations 
issued thereunder.

(Pub. L. 87-195, pt. III, Sec. 626, Sept. 4, 1961, 75 Stat. 451; Pub. L. 
88-205, pt. III, Sec. 302(c), Dec. 16, 1963, 77 Stat. 389; Pub. L. 88-
448, title IV, Secs. 401(e), 402(a)(35), Aug. 19, 1964, 78 Stat. 490, 
495; Pub. L. 88-633, pt. III, Sec. 302(b), Oct. 7, 1964, 78 Stat. 1014; 
Pub. L. 89-171, pt. III, Sec. 302(d), Sept. 6, 1965, 79 Stat. 660; Pub. 
L. 90-137, pt. III, Sec. 302(e), Nov. 14, 1967, 81 Stat. 460; Pub. L. 
94-329, title VI, Sec. 603, June 30, 1976, 90 Stat. 766; Pub. L. 95-88, 
title I, Sec. 126, Aug. 3, 1977, 91 Stat. 542.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (c), 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.


                               Amendments

    1977--Subsec. (b). Pub. L. 95-88 struck out provisions under which 
service of an individual as an expert or consultant under subsec. (a) 
would not be considered employment as would bring a person under section 
8344 of title 5, section 1112 of this title, and 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 of title 5.
    1976--Subsec. (a). Pub. L. 94-329 substituted ``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'' for ``$100 per diem''.
    1967--Subsec. (a). Pub. L. 90-137, Sec. 302(e)(1), substituted 
reference to section 3109 for former section 55a of title 5.
    Subsec. (b). Pub. L. 90-137, Sec. 302(e)(2), substituted references 
to sections 3323(a) and 8344 of title 5 for former section 2263 of title 
5 and to section 5532 of title 5 for former section 3102 of title 5.
    1965--Subsecs. (c), (d). Pub. L. 89-171 redesignated subsec. (d) as 
(c). Former subsec. (c) was repealed by Pub. L. 88-448, title IV, 
Sec. 402(a)(35), Aug. 19, 1964, 78 Stat. 495.
    1964--Subsec. (a). Pub. L. 88-633, Sec. 302(b)(1), increased 
compensation limits from $75 to $100 per diem.
    Subsec. (b). Pub. L. 88-448, Sec. 401(e), struck out provisions 
which stated that service as an expert or consultant under subsection 
(a) of this section shall not be considered as employment or holding of 
office or position bringing such individual within the provisions of 
section 59a of title 5, and inserted ``, subject to section 3102 of 
title 5''.
    Subsec. (c). Pub. L. 88-448, Sec. 402(a)(35), repealed subsec. (c) 
which related to compensation of retired officers.
    Pub. L. 88-633, Sec. 302(b)(2), substituted ``section 101(3) of 
Title 37'' for ``Career Compensation Act of 1949, as amended,'' in 
subsec. (c) subsequent to the repeal of such subsection by Pub. L. 88-
448.
    1963--Subsec. (b). Pub. L. 88-205 substituted ``Service of an 
individual as an expert or consultant under subsection (a) of this 
section shall not'' for ``Nor shall such service'', and struck out 
provisions exempting individuals serving under subsec. (a) of this 
section from coverage of sections 281, 283, or 284 of title 18, section 
99 of title 5, or any Federal law imposing restrictions, requirements, 
or penalties in connection with claims or matters involving the U.S. 
Government, except insofar as such provisions prohibited such 
individuals from receiving compensation in respect of any matter in 
which such individual was directly involved in the performance of such 
service.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-448 effective on first day of first month 
which begins later than ninetieth day following Aug. 19, 1964, see 
section 403 of Pub. L. 88-448.


         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.

                  Section Referred to in Other Sections

    This section is referred to in section 2396 of this title.
