
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: 22USC2391]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2391. Missions and staffs abroad


(a) Authorization

    The President may maintain special missions or staffs outside the 
United States in such countries and for such periods of time as may be 
necessary to carry out the purposes of this chapter. Each such special 
mission or staff shall be under the direction of a chief.

(b) Appointment of mission chief and deputy; compensation

    The chief and his deputy of each special mission or staff carrying 
out the purposes of subchapter I of this chapter shall be appointed by 
the President, and may, notwithstanding any other law, be removed by the 
President at his discretion. Such chief shall be entitled to receive 
such compensation and allowances as are authorized by the Foreign 
Service Act of 1980 [22 U.S.C. 3901 et seq.], not to exceed those 
authorized for a chief of mission (as defined in section 102(a)(3) \1\ 
of that Act [22 U.S.C. 3902(a)(3)]), as the President shall determine to 
be appropriate.
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    \1\ See References in Text note below.
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(c) Appointment of Chairman of Development Assistance Committee; 
        compensation

    The President may appoint any United States citizen who is not an 
employee of the United States Government or may assign any United States 
citizen who is a United States Government employee to serve as Chairman 
of the Development Assistance Committee or any successor committee 
thereto of the Organization for Economic Cooperation and Development 
upon election thereto by members of said Committee, and, in his 
discretion, may terminate such appointment or assignment, 
notwithstanding any other provision of law. Such person may receive such 
compensation and allowances as are authorized by the Foreign Service Act 
of 1980 [22 U.S.C. 3901 et seq.], not to exceed those authorized for a 
chief of mission (as defined in section 102(a)(3) \1\ of that Act [22 
U.S.C. 3902(a)(3)]), as the President shall determine to be appropriate. 
Such person (if not a United States Government employee who is assigned 
to serve as Chairman) shall be deemed to be an employee of the United 
States Government for purposes of chapters 81, 83, 87, and 89 of title 
5. Such person may also, in the President's discretion, receive any 
other benefits and perquisites available under this chapter to chiefs of 
special missions or staffs outside the United States established under 
this section.

(d) Administration of assistance

    Wherever practicable, especially in the case of the smaller 
programs, assistance under subchapter I of this chapter shall be 
administered under the direction of the Chief of the United States 
Diplomatic Mission by the principal economic officer of the mission.

(Pub. L. 87-195, pt. III, Sec. 631, Sept. 4, 1961, 75 Stat. 453; Pub. L. 
88-205, pt. III, Sec. 302(d), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-
171, pt. III, Sec. 302(f), Sept. 6, 1965, 79 Stat. 660; Pub. L. 95-92, 
Sec. 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96-465, title II, 
Sec. 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.)

                       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.
    The Foreign Service Act of 1980, referred to in subsecs. (b) and 
(c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, 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.
    Section 103(a)(3) of that Act, referred to in subsecs. (b) and (c), 
was redesignated section 103(3) pursuant to Pub. L. 98-164, which struck 
out designation ``(a)'' and struck out subsec. (b) of section 103.


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

    1980--Subsec. (b). Pub. L. 96-465, Sec. 2203(c), among other 
changes, substituted references to the Foreign Service Act of 1980 for 
references to the Foreign Service Act of 1946 and section 2385(d) of 
this title.
    Subsec. (c). Pub. L. 96-465, Sec. 2203(d), among other changes, 
substituted references to the Foreign Service Act of 1980, for 
references to the Foreign Service Act of 1946, and inserted provisions 
relating to employee status for purposes of chapters 81, 83, 87 and 89 
of title 5.
    1977--Subsec. (d). Pub. L. 95-92 substituted reference to subchapter 
I of this chapter for reference to this chapter and struck out 
provisions requiring administration of assistance by the senior military 
officer of the mission for assistance under subchapter II of this 
chapter.
    1965--Subsec. (d). Pub. L. 89-171 added subsec. (d).
    1963--Subsec. (c). Pub. L. 88-205 added subsec. (c).


                    Effective Date of 1980 Amendment

    Amendment 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.

                         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.


                        Flag and General Officers

    Pub. L. 94-11, title I, Sec. 100, Mar. 26, 1975, 89 Stat. 20, 
provided in part that: ``The total number of flag and general officers 
of the United States Armed Forces assigned or detailed to military 
assistance advisory groups, military missions, or similar organizations, 
or performing duties primarily with respect to the Military Assistance 
Program and the Foreign Military Sales Program shall not exceed twenty 
after May 1, 1975.''


                     Approval of Secretary of State

    The maintenance of special missions or staffs abroad, the fixing of 
ranks of chiefs thereof after the chiefs of United States diplomatic 
missions, and authorization of same compensation and allowances as chief 
of mission, as defined in section 3902(3) of this title, all under this 
section, shall be subject to approval of Secretary of State, see section 
1-603 of Ex. Ord. No. 12163, 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 sections 2389, 2396 of this title.
