22 U.S.C. § 2384 — Statutory officers

Page 890 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2384 (3) the supervision of end-item use by the re- cipient countries; (4) the supervision of the training of foreign military and related civilian personnel; (5) the movement and delivery of military end-items; and (6) within the Department of Defense, the performance of any other functions with re- spect to the furnishing of military assistance, education and training. (b) The establishment of priorities in the pro- curement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense. (Pub. L. 87–195, pt. III, § 623, Sept. 4, 1961, 75 Stat. 446; Pub. L. 94–329, title I, § 106(b)(3), June 30, 1976, 90 Stat. 733.) Editorial Notes AMENDMENTS 1976—Subsec. (a)(4). Pub. L. 94–329, § 106(b)(3)(A), in- serted ‘‘and related civilian’’ after ‘‘military’’. Subsec. (a)(6). Pub. L. 94–329, § 106(b)(3)(B), inserted ‘‘education and training’’ after ‘‘assistance’’. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter II of this chapter are deemed to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include 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. § 2384. Statutory officers (a) Appointment The President may appoint, by and with the advice and consent of the Senate, twelve officers in the agency primarily responsible for admin- istering subchapter I of this chapter, and in the selection of one of such persons due consider- ation shall be given to persons qualified as pro- fessional engineers. (b) Rate of compensation; title of officers; order of succession Within the limitations established by sub- section (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers. (c) Appointment of certain statutory officers to comparable positions Any person who was appointed by and with the advice and consent of the Senate, to any statu- tory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 2381 of this title, may be appointed by the President to a comparable position author- ized by subsection (a) of this section on the date of the establishment of the agency primarily re- sponsible for administering subchapter I of this chapter, without further action by the Senate. (d) Repealed. Pub. L. 95–88, title I, § 124(a)(1), Aug. 3, 1977, 91 Stat. 541 (e) Coordinator for security assistance In addition to the officers otherwise provided for in this section, the President shall appoint, by and with the advice and consent of the Sen- ate, one officer for the purpose of coordinating security assistance programs. (Pub. L. 87–195, pt. III, § 624, Sept. 4, 1961, 75 Stat. 447; Pub. L. 87–565, pt. III, § 302(b), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88–205, pt. III, § 302(b), Dec. 16, 1963, 77 Stat. 388; Pub. L. 88–426, title III, § 305(33), (42), Aug. 14, 1964, 78 Stat. 426, 428; Pub. L. 89–171, pt. III, § 302(b), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89–583, pt. III, § 302(b), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90–137, pt. III, § 302(a), Nov. 14, 1967, 81 Stat. 460; Pub. L. 91–175, pt. III, § 304, Dec. 30, 1969, 83 Stat. 821; Pub. L. 92–226, pt. III, § 302, Feb. 7, 1972, 86 Stat. 28; Pub. L. 94–329, title III, § 301(b), June 30, 1976, 90 Stat. 750; Pub. L. 95–88, title I, § 124(a)(1), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95–105, title I, § 109(a)(1), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95–424, title V, § 504, Oct. 6, 1978, 92 Stat. 959; Pub. L. 96–533, title VII, § 706, Dec. 16, 1980, 94 Stat. 3158; Pub. L. 97–113, title VII, § 705(b)(1), Dec. 29, 1981, 95 Stat. 1545; Pub. L. 98–164, title X, § 1002(b), Nov. 22, 1983, 97 Stat. 1052; Pub. L. 103–236, title I, § 162(e)(4), Apr. 30, 1994, 108 Stat. 405.) Editorial Notes REFERENCES IN TEXT Section 642(a), referred to in subsec. (c), means sec- tion 642(a) of Pub. L. 87–195, which is set out as a note under section 2151 of this title. AMENDMENTS 1994—Subsec. (f). Pub. L. 103–236 struck out subsec. (f) which provided for an Assistant Secretary of State for Human Rights and Humanitarian Affairs and pre- scribed the Assistant Secretary’s duties. 1983—Subsec. (f)(2)(C). Pub. L. 98–164 inserted provi- sions relating to providing advice to the Administrator of the Agency for International Development on policy framework. 1981—Subsec. (g). Pub. L. 97–113 struck out subsec. (g) which related to the Inspector General and the duties, responsibilities, and compensation of such official. See sections 2, 8A, and 11 of the Inspector General Act of 1978, Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, set out in the Appendix to Title 5, Govern- ment Organization and Employees. 1980—Subsec. (g). Pub. L. 96–533 substituted in pars. (1) to (5) ‘‘Inspector General’’ for ‘‘Auditor General’’ wherever appearing; in par. (3), imposed upon the In- spector General requirement of supervising, directing, and controlling security activities, including audit, in- vestigative, and security activities relating to pro- grams and operations within the United States Inter- national Development Cooperation Agency; in par. (4) required submission of an annual report to the Direc- tor; and added pars. (6) to (9). 1978—Subsec. (g). Pub. L. 95–424 added subsec. (g). 1977—Subsec. (d). Pub. L. 95–88 struck out subsec. (d) which provided for an Inspector General, Foreign As- sistance. Subsec. (f)(1). Pub. L. 95–105, § 109(a)(1)(A), substituted references to the Assistant Secretary of State for Page 891 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2384 Human Rights and Humanitarian Affairs for references to the Coordinator for Human Rights and Humani- tarian Affairs. Subsec. (f)(2). Pub. L. 95–105, § 109(a)(1)(B), substituted ‘‘Assistant Secretary of State’’ for ‘‘Coordinator’’. 1976—Subsec. (f). Pub. L. 94–329 added subsec. (f). 1972—Subsec. (e). Pub. L. 92–226 added subsec. (e). 1969—Subsec. (d)(2)(A). Pub. L. 91–175, § 304(1), inserted provision including the Overseas Private Investment Corporation in Inspector General’s reviews and audits, and inserted provision authorizing the conduct of such reviews and audits for programs under section 290f of this title. Subsec. (d)(5), (7). Pub. L. 91–175, § 304(2), (3), included section 290f of this title within provisions of this sec- tion. 1967—Subsec. (d)(2)(B). Pub. L. 90–137 struck out ‘‘of assistance’’ after ‘‘programs’’ in two places. 1966—Subsec. (d)(8). Pub. L. 89–583 added par. (8). 1965—Subsec. (b). Pub. L. 89–171, § 302(b)(1), struck out ‘‘paragraph (3) of’’ before ‘‘subsection (a) of this sec- tion’’ the second time it appears and substituted ‘‘of one or more of said officers’’ for ‘‘of the officers pro- vided for in paragraphs (1) and (2) of that subsection’’. Subsec. (d)(2)(A), (5), (7). Pub. L. 89–171, § 302(b)(2), substituted ‘‘the Latin American Development Act, as amended’’ for ‘‘Public Law 86–735’’. 1964—Subsec. (a). Pub. L. 88–426, § 305(42), repealed provisions which related to the appointment of an Under Secretary, Deputy Under Secretary and ten As- sistant Secretaries and prescribed their rates of com- pensation. Subsec. (d)(1). Pub. L. 88–426, § 305(33), repealed provi- sions which prescribed the compensation of the Inspec- tor General, Deputy Inspector General and Assistant Inspector Generals. See section 5315 of Title 5, Govern- ment Organization and Employees. 1963—Subsec. (a)(2), (3). Pub. L. 88–205, § 302(b)(1), (2), reduced the number of Deputy Under Secretaries from two to one in par. (2), and increased the number of As- sistant Secretaries from 9 to 10 in par. (3). Subsec. (b). Pub. L. 88–205, § 302(b)(3), made con- forming changes in language to reflect that only one Deputy Under Secretary may now be appointed. Subsec. (d)(1). Pub. L. 88–205, § 302(b)(4), inserted ‘‘who shall be appointed by the President by and with the ad- vice and consent of the Senate,’’ and increased the sal- ary of the Deputy Inspector General, Foreign Assist- ance, from $19,500 to $20,000. 1962—Subsecs. (d), (e). Pub. L. 87–565 redesignated subsec. (e) as (d), inserted ‘‘, and programs being con- ducted by United States Government Agencies under sections 1942 to 1945 of this title,’’ in par. 2(A), and ‘‘, and sections 1942 to 1945 of this title,’’ in pars. (5) and (7), and repealed former subsec. (d) which related to the temporary continuation of certain statutory posi- tions. Statutory Notes and Related Subsidiaries 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 (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–88, title I, § 124(c), Aug. 3, 1977, 91 Stat. 542, provided that: ‘‘The amendments made by this section [amending this section and section 5315 of Title 5, Gov- ernment Organization and Employees, and enacting provisions set out as a note under this section] shall take effect on July 1, 1978.’’ EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see Pub. L. 88–426, title V, § 501, Aug. 14, 1964, 78 Stat. 435. ASSISTANT ADMINISTRATOR FOR MANAGEMENT Pub. L. 112–166, § 2(v)(1), Aug. 10, 2012, 126 Stat. 1288, provided that: ‘‘Notwithstanding section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), the appointment by the President of the Assistant Admin- istrator for Management at the United States Agency for International Development shall not be subject to the advice and consent of the Senate.’’ ASSUMPTION OF DUTIES BY COORDINATOR FOR HUMAN RIGHTS AND HUMANITARIAN AFFAIRS Pub. L. 95–105, title I, § 109(a)(6), Aug. 17, 1977, 91 Stat. 846, provided that: ‘‘The individual holding the position of Coordinator for Human Rights and Humanitarian Af- fairs on the date of enactment of this section [Aug. 17, 1977] shall assume the duties of the Assistant Secretary of State for Human Rights and Humanitarian Affairs and shall not be required to be reappointed by reason of the enactment of this section.’’ REPORT TO SPEAKER OF THE HOUSE AND CONGRES- SIONAL COMMITTEES ON OFFICE OF ASSISTANT SEC- RETARY FOR HUMAN RIGHTS AND HUMANITARIAN AF- FAIRS Pub. L. 95–105, title I, § 109(a)(7), Aug. 17, 1977, 91 Stat. 847, which required the Secretary of State, not later than Jan. 31, 1978, to transmit to the Speaker of the House of Representatives and the chairmen of the Sen- ate Committee on Foreign Relations and the Senate Committee on the Judiciary a comprehensive report on the Office of the Assistant Secretary for Human Rights and Humanitarian Affairs, including its current man- date and operations, the mandate and operations of its predecessor offices, and proposals for the reorganiza- tion of the Department of State that would strengthen human rights and humanitarian considerations in the conduct of United States foreign policy and promote the ability of the United States to participate effec- tively in international humanitarian efforts, was re- pealed by Pub. L. 97–241, title V, § 505(a)(3), Aug. 24, 1982, 96 Stat. 299, and Pub. L. 98–164, title X, § 1011(a)(5), Nov. 22, 1983, 97 Stat. 1061. ASSIGNMENT OF DUTIES AND RESPONSIBILITIES TO INSPECTOR GENERAL, FOREIGN SERVICE Pub. L. 95–88, title I, § 124(a)(2), Aug. 3, 1977, 91 Stat. 542, which provided that the President (A) may assign to the Inspector General, Foreign Service, any of the duties and responsibilities vested by such section 624(d) [subsec. (d) of this section] in the Inspector General, Foreign Assistance, and (B) may authorize the Inspec- tor General, Foreign Service, to exercise such of the authorities granted by such section 624(d) [subsec. (d) of this section] to the Inspector General, Foreign Assist- ance, as the President determines are necessary to carry out any duties or responsibilities so assigned, was repealed by Pub. L. 96–465, title II, § 2205(11), Oct. 17, 1980, 94 Stat. 2160. See section 3929 of this title. Page 892 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2385 1 See Extension of Authority note below. Executive Documents 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. AGENCY FOR INTERNATIONAL DEVELOPMENT For appointments under subsec. (a) to United States Agency for International Development, see section 1–200(b) and (c) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 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 com- pensated 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 ap- pointed to any of the above positions may be en- titled, upon removal from such position, to rein- statement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in ad- dition 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 chap- ter, 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 es- tablished by section 5332 of title 5, but not in ex- cess of the highest rate of grade 18 of such gen- eral schedule. Such positions shall be in addi- tion 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 Serv- ice 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 em- ployment 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 ap- pointed 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 pri- marily 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 re- imbursement Notwithstanding any other provision of law, officers and employees of the United States Gov- ernment performing functions under this chap- ter shall not accept from any foreign country any compensation or other benefits. Arrange- ments 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 com- petence, such as appropriate language and prac- tical 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 Adminis- trator of the United States Agency for Inter- national Development may waive the applica- tion 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 tem- porary emergency hiring need exists. (B) The authority of the Administrator under subparagraph (A) shall terminate on October 1, 2010.1 An annuitant reemployed pursuant to such