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22 U.S.C. § 2385 — Employment of personnel
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim).
**(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 e
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Stable record: federal_law:legal_authorities:record_usc_dc2b634761ab50d9d4e2003f
Source file: Laws/federal/codes/united-states-code/title-22/section-2385-employment-of-personnel--02cef90279.md
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Source location: Title 22, Chapter 32, § 2385; chapter-032-foreign-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim)] for individuals appointed to the Foreign Service.
**(e) Repealed. Pub. L. 96–465, title II, § 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, § 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.
**(j) Reemployment of annuitants under the Civil Service Retirement System and the Federal Employees’ Retirement System**
(1)
(A) To facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan, the Administrator of the United States Agency for International Development may waive the application of the provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of an annuitant in a position in the United States Agency for International Development for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
(B) The authority of the Administrator under subparagraph (A) shall terminate on October 1, 2010.11 See Extension of Authority note below. An annuitant reemployed pursuant to such authority prior to such termination date may be employed for a period ending not later than one year after such date.
(2) The Administrator should prescribe procedures for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for a delegation of authority.
(3) An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.
**(k) Crisis operations and disaster surge staffing**
(1) The United States Agency for International Development is authorized to appoint personnel in the excepted service using funds authorized to be appropriated or otherwise made available under the heading “Transition Initiatives” in an Act making appropriations for the Department of State, Foreign Operations, and Related Programs and to carry out the provisions of subchapter I and part IV of subchapter II of this chapter of 22 So in original. and [section 9808(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9808/b&num=0&edition=prelim) to prevent or respond to foreign crises.
(2) Funds authorized to carry out such purposes may be made available for the operating expenses and administrative costs of such personnel and may remain attributed to any minimum funding requirement for which they were originally made available.
(3) The Administrator of the United States Agency for International Development shall coordinate with the Office of Personnel Management on implementation of the appointment authority under paragraph (1).
(4) Not later than one year after December 23, 2024, and annually thereafter for 3 years, the Administrator shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and the Committee on Appropriations of the House of Representatives a report regarding the continued need for and utilization of the authority pursuant to this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management may, for any Executive agency—
(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and
(2) establish standards and procedures published by the Director of the Office of Personnel Management in such form as the Director may determine (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15.
**(b)** The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
**(c)** The Librarian of Congress may classify positions in the Library of Congress above GS–15 pursuant to standards established by the Office in subsection (a)(2).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5108
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability and use** Notwithstanding [section 1306 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1306&num=0&edition=prelim), or any other provision of law, proceeds of sales made under section 1675p 11 See References in Text note below. of this title, shall remain available and shall be used for any of the purposes of this chapter, giving particular regard to the following purposes—
(1) for providing military assistance to nations or mutual defense organizations eligible to receive assistance under this chapter;
(2) for purchase of goods or services in friendly nations;
(3) for loans, under applicable provisions of this chapter, to increase production of goods or services, including strategic materials, needed in any nation with which an agreement was negotiated, or in other friendly nations, with the authority to use currencies received in repayment for the purposes stated in the section or for deposit to the general account of the Treasury of the United States;
(4) for developing new markets on a mutually beneficial basis;
(5) for grants-in-aid to increase production for domestic needs in friendly countries; and
(6) for purchasing materials for United States stockpiles.
**(b) Availability to Members and employees of Congress; authorization requirements; reports**
(1)
(A) Notwithstanding [section 1306 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1306&num=0&edition=prelim), or any other provision of law—
(i) local currencies owned by the United States which are in excess of the amounts reserved under [section 2362(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2362/a&num=0&edition=prelim) and of the requirements of
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1754
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Federal law — U.S. Code and appendices · legal_authorities
Any employee of an agency who accepts a limited appointment in the Service with the consent of the head of the agency in which the employee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with [section 3597 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3597&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3950
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 1103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1103/b&num=0&edition=prelim), in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), notwithstanding subsection (a) of such section 553.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
**(b)**
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
(4) No employee may suffer a reduction in pay by reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
**(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
**(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2346
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prescription by President; basic salary rates; adjustments; determinations by Secretary**
(1) The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim).
(2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.
(3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance—
(A) the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and
(B) the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in [section 5307(d)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3962
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