22 U.S.C. § 2385a — Unified personnel system

Page 894 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2385a Pub. L. 87–565, § 302(c)(1), substituted ‘‘one hundred and ten’’ for ‘‘seventy-six’’. Subsec. (c). Pub. L. 87–793, § 1001(k)(2), substituted ‘‘but not in excess of the highest rate of grade 18 of such general schedule’’ for ‘‘and of these, not to exceed three may be compensated at a rate in excess of the highest rate provided for grades of such general sched- ule but not in excess of $19,000 per year’’. Subsec. (d)(2). Pub. L. 87–565, § 302(c)(2), authorized the President to initially assign personnel, not exceed- ing 30 persons in the aggregate, for duty within the United States for a period not exceeding two years for preparation for duty outside the United States. Subsec. (f). Pub. L. 87–565, § 302(c)(3), inserted ‘‘with respect to specific projects’’, and ‘‘agencies of’’, and ex- cluded services of employees of agencies primarily re- sponsible for administering subchapter I or II of this chapter from the purview of this subsection. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE SUCH PARTS 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 of subsec. (d) and repeal of subsecs. (e), (g), and (j) by Pub. L. 96–465 effective Feb. 15, 1981, ex- cept as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. Repeal of subsec. (k) by Pub. L. 96–465 effective Oct. 17, 1980, see Pub. L. 96–465, title II, § 2403(d)(1), Oct. 17, 1980, 94 Stat. 2169. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11, 1962, see Pub. L. 87–793, pt. II, § 1008, Oct. 11, 1962, 76 Stat. 868. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND INVESTIGATIONS Pub. L. 117–263, div. I, title XCII, § 9204, Dec. 23, 2022, 136 Stat. 3864, provided that: ‘‘(a) IN GENERAL.—The Secretary [of State] shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. ‘‘(b) EMPLOYMENT TARGETS.—The Secretary shall seek to employ— ‘‘(1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the en- actment of this Act [Dec. 23, 2022]) by the date that is 180 days after such date of enactment; and ‘‘(2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of per- sonnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment.’’ EXTENSION OF AUTHORITY Pub. L. 118–159, div. G, title LXXVIII, § 7812(a), Dec. 23, 2024, 138 Stat. 2565, provided that: ‘‘Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be applied by striking ‘Octo- ber 1, 2010’ and inserting ‘September 30, 2026’.’’ Prior extensions were contained in the following prior acts: Pub. L. 118–83, div. B, title I, § 111, Sept. 26, 2024, 138 Stat. 1537. Pub. L. 117–263, div. I, title XCVIII, § 9802(b), Dec. 23, 2022, 136 Stat. 3924. Pub. L. 117–103, div. K, title VII, § 7034(l)(3), Mar. 15, 2022, 136 Stat. 623. Pub. L. 116–260, div. K, title VII, § 7034(l)(3), Dec. 27, 2020, 134 Stat. 1749. Pub. L. 116–94, div. G, title VII, § 7034(l)(3), Dec. 20, 2019, 133 Stat. 2872. Pub. L. 116–6, div. F, title VII, § 7034(m)(3), Feb. 15, 2019, 133 Stat. 327. Pub. L. 115–141, div. K, title VII, § 7034(l)(3), Mar. 23, 2018, 132 Stat. 895. Pub. L. 115–31, div. J, title VII, § 7034(k)(3), May 5, 2017, 131 Stat. 651. Pub. L. 114–113, div. K, title VII, § 7034(k)(6), Dec. 18, 2015, 129 Stat. 2765. Pub. L. 113–235, div. J, title VII, § 7034(l)(6), Dec. 16, 2014, 128 Stat. 2625. Pub. L. 113–76, div. K, title VII, § 7034(m)(6), Jan. 17, 2014, 128 Stat. 515. Pub. L. 112–74, div. I, title VII, § 7034(m)(6), Dec. 23, 2011, 125 Stat. 1216. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. 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. ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED STATES; SERVICE EXCEEDING THIRTY MONTHS Persons appointed, employed, or assigned after May 19, 1959, under former section 1787(c) of this title or sub- sec. (d) of this section for the purpose of performing functions under the Mutual Security Act of 1954 (see Short Title note set out under section 1754 of this title) and this chapter, outside the United States, shall not, unless otherwise agreed by the agency in which such benefits may be exercised, be entitled to the benefits provided for by section 3950 of this title in cases in which their service under the appointment, employ- ment, or assignment exceeds thirty months, see Ex. Ord. No. 12163, § 1–602(b), Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a note under section 2381 of this title. § 2385a. Unified personnel system (a) Establishment by regulations Not later than May 1, 1979, the President shall submit to the Congress, and publish in the Fed- eral Register, regulations establishing a unified personnel system for all employees of the agen- cy primarily responsible for administering part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. In preparing such regulations, the President shall keep the appropriate committees of the Congress fully and currently informed, and shall consult with them on a regular basis, concerning the nature of the unified personnel system to be established. (b) Effective date of regulations The regulations submitted to the Congress pursuant to subsection (a)— Page 895 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2386 1 So in original. Probably should be ‘‘any’’. (1) may not become effective until after the end of the 90-day period beginning on the date of such submission in order to provide the ap- propriate committees of the Congress an op- portunity to review them; and (2) shall not become effective then if, during such 90-day period, either House of Congress adopts a resolution stating in substance that it disapproves the personnel system proposed to be established by the regulations. (c) Force and effect of regulations Regulations which take effect pursuant to this section shall have the force and effect of law and shall apply with respect to the personnel of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], notwithstanding and 1 incon- sistent provision of law unless that provision of law specifically states that it supersedes regula- tions issued under this section. (Pub. L. 95–424, title IV, § 401, Oct. 6, 1978, 92 Stat. 956; Pub. L. 96–53, title V, § 503(a), Aug. 14, 1979, 93 Stat. 378.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- secs. (a) and (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Foreign Assistance Act of 1961 is clas- sified generally to subchapter I (§ 2151 et seq.) of this chapter. For provisions deeming references to sub- chapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, 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. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Section enacted as part of the International Develop- ment and Food Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 1979—Subsec. (a). Pub. L. 96–53 substituted ‘‘May 1’’ for ‘‘March 15’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–53, title V, § 503(b), Aug. 14, 1979, 93 Stat. 378, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be effective as of March 15, 1979.’’ EFFECTIVE DATE Section effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amend- ment note under section 2151 of this title. § 2386. Experts, consultants, and retired officers (a) Employment; compensation; renewal of con- tracts of employment Experts and consultants or organizations thereof may as authorized by section 3109 of title 5 be employed for the performance of func- tions under this chapter, and individuals so em- ployed may be compensated at rates not in ex- cess of the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5, and while away from their homes or reg- ular places of business, they may be paid actual travel expenses and per diem in lieu of subsist- ence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time. Contracts for such employment with such organizations, employ- ment of personnel as experts and consultants, not to exceed ten in number, contracts for such employment of retired military personnel with specialized research and development experi- ence, not to exceed ten in number, and contracts for such employment of retired military per- sonnel with specialized experience of a broad po- litico-military nature, not to exceed five in number, may be renewed annually. (b) Exemption from certain Federal laws Service of an individual as an expert or con- sultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual with- in the provisions of section 3323(a) of title 5. (c) Employment without compensation of per- sons of outstanding experience and ability Persons of outstanding experience and ability may be employed without compensation by any agency of the United States Government for the performance of functions under this chapter in accordance with the provisions of section 4560(b) of title 50, and regulations issued thereunder. (Pub. L. 87–195, pt. III, § 626, Sept. 4, 1961, 75 Stat. 451; Pub. L. 88–205, pt. III, § 302(c), Dec. 16, 1963, 77 Stat. 389; Pub. L. 88–448, title IV, §§ 401(e), 402(a)(35), Aug. 19, 1964, 78 Stat. 490, 495; Pub. L. 88–633, pt. III, § 302(b), Oct. 7, 1964, 78 Stat. 1014; Pub. L. 89–171, pt. III, § 302(d), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90–137, pt. III, § 302(e), Nov. 14, 1967, 81 Stat. 460; Pub. L. 94–329, title VI, § 603, June 30, 1976, 90 Stat. 766; Pub. L. 95–88, title I, § 126, Aug. 3, 1977, 91 Stat. 542.) 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. AMENDMENTS 1977—Subsec. (b). Pub. L. 95–88 struck out provisions under which service of an individual as an expert or consultant under subsec. (a) would not be considered employment as would bring a person under section 8344 of title 5, section 1112 of this title, and any other law limiting the reemployment of retired officers or em- ployees or governing the simultaneous receipt of com- pensation and retired pay or annuities subject to sec- tion 5532 of title 5. 1976—Subsec. (a). Pub. L. 94–329 substituted ‘‘the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5’’ for ‘‘$100 per diem’’. 1967—Subsec. (a). Pub. L. 90–137, § 302(e)(1), sub- stituted reference to section 3109 for former section 55a of title 5.