22 U.S.C. § 2391 — Missions and staffs abroad

Page 897 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2391 1 See References in Text note below. those allowed under section 4085 of this title. The authorization of such allowances and other benefits and the payment thereof out of any ap- propriations available therefor shall be consid- ered as meeting all the requirements of section 5536 of title 5. (Pub. L. 87–195, pt. III, § 629, Sept. 4, 1961, 75 Stat. 452; Pub. L. 87–565, pt. III, § 302(d), Aug. 1, 1962, 76 Stat. 262; Pub. L. 90–137, pt. III, § 302(f), Nov. 14, 1967, 81 Stat. 460; Pub. L. 96–465, title II, § 2203(b), Oct. 17, 1980, 94 Stat. 2159.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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. Section 2384(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 95–88, title I, § 124(a)(1), Aug. 3, 1977, 91 Stat. 541. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–465 substituted ‘‘section 4085 of this title’’ for ‘‘section 1131 of this title’’. 1967—Subsec. (b). Pub. L. 90–137 substituted reference to section 5536 of title 5 for former section 70 of title 5. 1962—Subsec. (b). Pub. L. 87–565 substituted ‘‘2384(d)’’ for ‘‘2384(e)’’. Statutory Notes and Related Subsidiaries 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. 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. § 2390. Terms of detail or assignment of per- sonnel Details or assignments may be made under section 2387 or 2388 of this title or section 1928 of this title— (1) without reimbursement to the United States Government by the foreign government or international organization; (2) upon agreement by the foreign govern- ment or international organization to reim- burse the United States Government for com- pensation, travel expenses, benefits and allow- ances, or any part thereof, payable to the offi- cer or employee concerned during the period of assignment or detail; and such reimburse- ments (including foreign currencies) shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, benefits or allowances, or to the ap- propriation, fund, or account currently avail- able for such purposes; (3) upon an advance of funds, property, or services by the foreign government or inter- national organization to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this chapter; and funds so ad- vanced may be established as a separate fund in the Treasury of the United States Govern- ment, to be available for the specified uses, and to be used for reimbursement of appro- priations or direct expenditure subject to the provisions of this chapter, any unexpended balance of such account to be returned to the foreign government or international organiza- tion; or (4) subject to the receipt by the United States Government of a credit to be applied against the payment by the United States Government of its share of the expenses of the international organization to which the officer or employee is detailed or assigned, such cred- it to be based upon the compensation, travel expenses, benefits and allowances, or any part thereof, payable to such officer or employee during the period of detail or assignment in accordance with section 2389 of this title. (Pub. L. 87–195, pt. III, § 630, Sept. 4, 1961, 75 Stat. 452; Pub. L. 89–171, pt. III, § 302(e), Sept. 6, 1965, 79 Stat. 660.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (3), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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 1965—Pub. L. 89–171 inserted ‘‘benefits’’ in pars. (2) and (4). 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. § 2391. Missions and staffs abroad (a) Authorization The President may maintain special missions or staffs outside the United States in such coun- tries and for such periods of time as may be nec- essary 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 mis- sion or staff carrying out the purposes of sub- chapter 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 re- ceive 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 author- ized 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. Page 898 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2392 (c) Appointment of Chairman of Development As- sistance 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 Govern- ment employee to serve as Chairman of the De- velopment Assistance Committee or any suc- cessor committee thereto of the Organization for Economic Cooperation and Development upon election thereto by members of said Com- mittee, and, in his discretion, may terminate such appointment or assignment, notwith- standing 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 em- ployee of the United States Government for pur- poses 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 avail- able under this chapter to chiefs of special mis- sions or staffs outside the United States estab- lished under this section. (d) Administration of assistance Wherever practicable, especially in the case of the smaller programs, assistance under sub- chapter I of this chapter shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal eco- nomic officer of the mission. (Pub. L. 87–195, pt. III, § 631, Sept. 4, 1961, 75 Stat. 453; Pub. L. 88–205, pt. III, § 302(d), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 302(f), Sept. 6, 1965, 79 Stat. 660; Pub. L. 95–92, § 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96–465, title II, § 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.) Editorial Notes 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, known as the Foreign Assist- ance 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 sub- secs. (b) and (c), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. Section 102(a)(3) of that Act, referred to in subsecs. (b) and (c), was redesignated section 102(3) pursuant to Pub. L. 98–164, which struck out designation ‘‘(a)’’ and struck out subsec. (b) of section 102. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–465, § 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, § 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 sta- tus 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 adminis- tration 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). 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 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. FLAG AND GENERAL OFFICERS Pub. L. 94–11, title I, § 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 as- signed or detailed to military assistance advisory groups, military missions, or similar organizations, or performing duties primarily with respect to the Mili- tary Assistance Program and the Foreign Military Sales Program shall not exceed twenty after May 1, 1975.’’ 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. 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 mis- sion, 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. § 2392. Government agencies (a) Allocation and transfer of funds The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this chapter, including any advance to the United States Government by any coun- try or international organization for the pro- curement of commodities, defense articles, mili- tary education and training, or services (includ- ing defense services). Such funds shall be avail- able for obligation and expenditure for the pur- poses for which authorized, in accordance with authority granted in this chapter or under au- thority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.