
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: 22USC2581]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 35--ARMS CONTROL AND DISARMAMENT
 
              SUBCHAPTER IV--ADDITIONAL GENERAL PROVISIONS
 
Sec. 2581. General authority of Secretary of State

    In addition to any authorities otherwise available, the Secretary of 
State in the performance of functions under this chapter is authorized 
to--

(a) Utilization of other Federal agencies; transfers of supplies, 
        equipment, and surplus property

    utilize or employ the services, personnel, equipment, or facilities 
of any other Government agency, with the consent of the agency 
concerned, to perform such functions on behalf of the Department of 
State as may appear desirable. Any Government agency is authorized, not 
withstanding any other provision of law, to transfer to or to receive 
from the Secretary of State, without reimbursement, supplies and 
equipment other than administrative supplies or equipment. Transfer or 
receipt of excess property shall be in accordance with the provisions of 
the Federal Property and Administrative Services Act of 1949, as amended 
[40 U.S.C. 471 et seq.];

(b) Employment of personnel

    appoint and fix the compensation of employees possessing specialized 
technical expertise without regard to the provisions of title 5 
governing appointments in the competitive service and the provisions of 
chapter 51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, if the Secretary of State 
ensures that--
        (1) any employee who is appointed under this subsection is not 
    paid at a rate--
            (A) in excess of the rate payable for positions of 
        equivalent difficulty or responsibility, or
            (B) exceeding the maximum rate payable for grade 15 of the 
        General Schedule; and

        (2) the number of employees appointed under this subsection 
    shall not exceed 10 percent of the Department of State's full-time-
    equivalent positions allocated to carry out the purpose of this 
    chapter.\1\
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    \1\ So in original. The period probably should be a semicolon.
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(c) Detail of other agency personnel without prejudice to status or 
        advancement

    enter into agreements with other Government agencies, including the 
military departments through the Secretary of Defense, under which 
officers or employees of such agencies may be detailed to the Department 
of State for the performance of service pursuant to this chapter without 
prejudice to the status or advancement of such officers or employees 
within their own agencies;

(d) Experts and consultants; stenographic reporting services; 
        compensation and travel expenses; limitation on period of 
        employment; renewal of employment contracts

    procure services of experts and consultants or organizations 
thereof, including stenographic reporting services, as authorized by 
section 3109 of title 5 and to pay in connection therewith travel 
expenses of individuals, including transportation and per diem in lieu 
of subsistence while away from their homes or regular places of 
business, as authorized by section 5703 of such title: Provided, That no 
such individual shall be employed for more than 130 days in any fiscal 
year unless the President certifies that employment of such individual 
in excess of such number of days is necessary in the national interest: 
And provided further, That such contracts may be renewed annually;

(e) Employment of outstanding personnel

    employ individuals of outstanding ability without compensation in 
accordance with the provisions of section 2160(b) of the Appendix to 
title 50 and regulations issued thereunder;

(f) Establishment of scientific and policy advisory board; compensation 
        and expenses

    establish a scientific and policy advisory board to advise with and 
make recommendations to the Secretary of State on United States arms 
control, nonproliferation, and disarmament policy and activities. A 
majority of the board shall be composed of individuals who have a 
demonstrated knowledge and technical expertise with respect to arms 
control, nonproliferation, and disarmament matters and who have 
distinguished themselves in any of the fields of physics, chemistry, 
mathematics, biology, or engineering, including weapons engineering. The 
members of the board may receive the compensation and reimbursement for 
expenses specified for consultants by subsection (d) of this section;

(g) Oaths and sworn statements

    administer oaths and take sworn statements in the course of an 
investigation made pursuant to the Secretary of State's responsibilities 
under this chapter;

(h) Delegation of functions

    delegate, as appropriate, to the Under Secretary for Arms Control 
and International Security or other officers of the Department of State, 
any authority conferred upon the Secretary of State by the provisions of 
this chapter; and

(i) Rules and regulations

    make, promulgate, issue, rescind, and amend such rules and 
regulations as may be necessary or desirable to the exercise of any 
authority conferred upon the Secretary of State by the provisions of 
this chapter.

(Pub. L. 87-297, title IV, Sec. 401, formerly Sec. 41, Sept. 26, 1961, 
75 Stat. 635; Pub. L. 93-332, Sec. 1(a), July 8, 1974, 88 Stat. 289; 
Pub. L. 95-108, Sec. 5, Aug. 17, 1977, 91 Stat. 872; Pub. L. 102-228, 
title IV, Sec. 401(b), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103-236, 
title VII, Sec. 715, Apr. 30, 1994, 108 Stat. 498; renumbered Sec. 401 
and amended Pub. L. 105-277, div. G, subdiv. A, title XII, 
Sec. 1223(13), (21), Oct. 21, 1998, 112 Stat. 2681-770, 2681-772.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. The excess property provisions of that Act are 
classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 471 of Title 40 
and Tables.
    The provisions of title 5 governing appointment to the competitive 
service, referred to in subsec. (b), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    The General Schedule, referred to in subsec. (b), is set out under 
section 5332 of Title 5.


                               Amendments

    1998--Pub. L. 105-277, Sec. 1223(13)(A), substituted ``In addition 
to any authorities otherwise available, the Secretary of State in the 
performance of functions under this chapter'' for ``In the performance 
of his functions, the Director'' in introductory provisions.
    Subsec. (a). Pub. L. 105-277, Sec. 1223(13)(B), (C), substituted 
``Department of State'' for ``Agency'' and ``Secretary of State'' for 
``Director'', and struck out ``It is the intent of this section that the 
Director rely upon the Department of State for general administrative 
services in the United States and abroad to the extent agreed upon 
between the Secretary of State and the Director.'' after ``may appear 
desirable.''
    Subsec. (b). Pub. L. 105-277, Sec. 1223(13)(B), (D)(i), in 
introductory provisions, substituted ``Secretary of State'' for 
``Director'' and struck out ``appoint officers and employees, including 
attorneys, for the Agency in accordance with the provisions of title 5 
governing appointment in the competitive service, and fix their 
compensation in accordance with chapter 51 and with subchapter III of 
chapter 53 of such title, relating to classification and General 
Schedule pay rates, except that the Director may, to the extent the 
Director determines necessary to the discharge of his 
responsibilities,'' before ``appoint and fix''.
    Subsec. (b)(1). Pub. L. 105-277, Sec. 1223(13)(D)(ii), substituted 
``subsection'' for ``exception'' in introductory provisions.
    Subsec. (b)(2). Pub. L. 105-277, Sec. 1223(13)(B), (D)(iii), 
substituted ``subsection'' for ``exception'', ``Department of State's'' 
for ``Agency's'', and ``positions allocated to carry out the purpose of 
this chapter'' for ``ceiling''.
    Subsec. (c). Pub. L. 105-277, Sec. 1223(13)(B), substituted 
``Department of State'' for ``Agency''.
    Subsec. (f). Pub. L. 105-277, Sec. 1223(13)(G), amended subsec. (f) 
generally. Prior to amendment, subsec. (f) read as follows: ``establish 
advisory boards to advise with and make recommendations to the Director 
on United States arms control and disarmament policy and activities. The 
members of such boards may receive the compensation and reimbursement 
for expenses specified for consultants by subsection (d) of this 
section;''.
    Subsec. (g). Pub. L. 105-277, Sec. 1223(13)(B), (E), (F), 
redesignated subsec. (h) as (g), substituted ``Secretary of State's'' 
for ``Director's'', and struck out former subsec. (g) which read as 
follows: ``permit, under such terms and conditions as he may prescribe, 
any officer or employee of the Agency, in connection with the attendance 
by such officer or employee at meetings or in performing advisory 
services concerned with the functions or activities of the Agency, to 
accept payment, in cash or in kind, from any private agency or 
organization, or from any individual affiliated with such agency or 
organization, for travel and subsistence expenses, such payment to be 
retained by such officer or employee to cover the cost thereof or to be 
deposited to the credit of the appropriation from which the cost thereof 
is paid;''.
    Subsec. (h). Pub. L. 105-277, Sec. 1223(13)(B), (F), (H), 
redesignated subsec. (i) as (h) and substituted ``Under Secretary for 
Arms Control and International Security'' for ``Deputy Director'', 
``Department of State'' for ``Agency'', and ``Secretary of State'' for 
``Director''. Former subsec. (h) redesignated (g).
    Subsec. (i). Pub. L. 105-277, Sec. 1223(13)(B), (F), redesignated 
subsec. (j) as (i) and substituted ``Secretary of State'' for 
``Director''. Former subsec. (i) redesignated (h).
    Subsec. (j). Pub. L. 105-277, Sec. 1223(13)(F), redesignated subsec. 
(j) as (i).
    1994--Subsec. (b). Pub. L. 103-236 substituted ``except that the 
Director may, to the extent the Director determines necessary to the 
discharge of his responsibilities, appoint and fix the compensation of 
employees possessing specialized technical expertise without regard to 
the provisions of title 5 governing appointments in the competitive 
service and the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule pay 
rates, if the Director ensures that--'' for ``except that during the 2-
year period beginning on August 17, 1977, the Director may, to the 
extent he deems necessary to the discharge of his responsibilities, 
appoint and fix the compensation of officers and employees for the 
Agency without regard to such provisions, subject to the following 
requirements:'', added pars. (1) and (2), and struck out former pars. 
(1) to (3) which read as follows:
    ``(1) an officer or employee whose compensation is fixed under the 
foregoing exception may not be paid a salary at a rate in excess of the 
rate payable under such chapter 51 and such subchapter III for positions 
of equivalent difficulty or responsibility except for (A) those officers 
and employees whose compensation is fixed by law, and (B) scientific and 
technical personnel who may be compensated at a rate not to exceed the 
rate in effect for grade GS-18 of the General Schedule;
    ``(2) the Director shall make adequate provision for administrative 
review of any determination to suspend or dismiss any officer or 
employee appointed under the foregoing exception; and
    ``(3) an officer or employee of the Agency serving under a career or 
career conditional appointment on August 17, 1977, may not be 
involuntarily deprived, while employed by the Agency, of any rights 
normally granted such officer or employee in the competitive service;''.
    1991--Subsecs. (h) to (j). Pub. L. 102-228 added subsec. (h) and 
redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
    1977--Subsec. (b). Pub. L. 95-108, Sec. 5(a), incorporated existing 
provisions into introductory paragraph, and as so incorporated, revised 
terminology to reflect current classification of civil service laws, 
etc., and inserted provisions authorizing the Director to appoint and 
fix compensation of officers and employees of the agency, without regard 
to the provisions of title 5, during a two-year period beginning Aug. 
17, 1977, and added pars. (1) to (3).
    Subsecs. (g) to (i). Pub. L. 95-108, Sec. 5(b), added subsec. (g) 
and redesignated former subsecs. (g) and (h) as (h) and (i), 
respectively.
    1974--Subsec. (d). Pub. L. 93-332 substituted ``as authorized by 
section 3109 of title 5'' for ``as authorized by section 55a of title 5, 
at rates not to exceed $100 per diem for individuals'', ``section 5703 
of such title'' for ``section 73b-2 of title 5'' and ``130 days'' for 
``one hundred days''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section 
1201 of Pub. L. 105-277, set out as an Effective Date note under section 
6511 of this title.

 Delegation of Authority To Make Certifications Under Section 41(d) of 
                  the Arms Control and Disarmament Act

    Memorandum of the President of the United States, Aug. 18, 1990, 55 
F.R. 37693, provided:
    Memorandum for the Director of the United States Arms Control and 
Disarmament Agency
    By virtue of the authority vested in me as President by the 
Constitution and laws of the United States, including section 301 of 
title 3 of the United States Code, you are hereby delegated the 
authority set forth in section 41(d) of the Arms Control and Disarmament 
Act (22 U.S.C. 2581(d)) to certify that the employment of persons 
referred to in that section in excess of the number of days set forth in 
that section is necessary in the national interest.
    You are authorized and directed to publish this memorandum in the 
Federal Register.
                                                            George Bush.

    [For abolition, transfer of functions, and treatment of references 
to United States Arms Control and Disarmament Agency, see section 6511 
et seq. of this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 2566, 2585 of this title.
