Title 22 — Foreign Relations and Intercourse
Part II · Chapter 32 — Foreign Assistance
§ 2385. Employment of personnel
Statutory text
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.
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, 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.
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, 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.
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 Service 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 employment 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 appointed to the Foreign Service.
Repealed. Pub. L. 96–465, title II, § 2205(8), , 94 Stat. 2160
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.
Repealed. Pub. L. 96–465, title II, § 2205(8), , 94 Stat. 2160
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.
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.
Reemployment of annuitants under the Civil Service Retirement System and the Federal Employees’ Retirement System
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.
The authority of the Administrator under subparagraph (A) shall terminate on .1 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.
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.
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.
Crisis operations and disaster surge staffing
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 2 and section 9808(b) of this title to prevent or respond to foreign crises.
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.
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).
Not later than one year after , 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.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–195 · 75 Stat. 424
Enacted · 22 U.S.C. § 2385
Pub. L. 87–195, pt. III, § 625, Sept. 4, 1961, 75 Stat. 449
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 625, Sept. 4, 1961, 75 Stat. 449Foreign Assistance Act of 1962
Pub. L. 87–565 § 302(c)(1) · 76 Stat. 255
Substituted · 22 U.S.C. § 2385(b)
Pub. L. 87–565, § 302(c)(1), substituted “one hundred and ten” for “seventy-six”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 87–565, § 302(c)(1), substituted “one hundred and ten” for “seventy-six”.Enacted provision · exact public law section
(1) In subsection (b) strike out “seventy-six” in the first sentence and substitute “one hundred and ten”.Foreign Assistance Act of 1962
Pub. L. 87–565 § 302(c)(2) · 76 Stat. 255
Changed · 22 U.S.C. § 2385(d)(2)
Pub. L. 87–565, § 302(c)(2), authorized the President to initially assign personnel, not exceeding 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
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 87–565, § 302(c)(2), authorized the President to initially assign personnel, not exceeding 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.Enacted provision · exact public law section
(2) In subsection (d) add the following proviso before the period at the end of paragraph (2): “: Provided further, That, whenever the President determines it to be important for the purposes of this Act, the President may initially assign personnel under this paragraph for duty within the United States for a period not to exceed two years for the purpose of preparation for assignment outside the United States; however, the authority contained in this proviso may not be exercised with respect to more than thirty persons in the aggregate.”Foreign Assistance Act of 1962
Pub. L. 87–565 § 302(c)(3) · 76 Stat. 255
Inserted · 22 U.S.C. § 2385(f)
Pub. L. 87–565, § 302(c)(3), inserted “with respect to specific projects”, and “agencies of”, and excluded services of employees of agencies primarily responsible for administering subchapter I or II of this chapter from the purview of this subsection
Source evidence
Code amendment note
Subsec. (f). Pub. L. 87–565, § 302(c)(3), inserted “with respect to specific projects”, and “agencies of”, and excluded services of employees of agencies primarily responsible for administering subchapter I or II of this chapter from the purview of this subsection.Enacted provision · exact public law section
(3) Amend subsection (f) to read as follows: “(f) Funds provided for in agreements with foreign countries for the furnishing of services under this Act 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 part I or part II of 22 USC 2151–2319. this Act) as well as personnel not employed by the United States Government.”Postal Service and Federal Employees Salary Act of 1962
Pub. L. 87–793 § 1001(k)(1) · 76 Stat. 832
Substituted · 22 U.S.C. § 2385(b)
Pub. L. 87–793, § 1001(k)(1), substituted “but not in excess of the highest rate of grade 18 of such general schedule” for “and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 87–793, § 1001(k)(1), substituted “but not in excess of the highest rate of grade 18 of such general schedule” for “and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year”.Enacted provision · exact public law section
(1) Section 625(b) of the Foreign Assistance Act of 1961 (75 Stat. 449; Public Law 87–195), as amended, is amended by striking 22 USC 2385. out “and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year” and inserting in lieu thereof “but not in excess of the highest rate of grade 18 of such general schedule”.Postal Service and Federal Employees Salary Act of 1962
Pub. L. 87–793 § 1001(k)(2) · 76 Stat. 832
Substituted · 22 U.S.C. § 2385(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 schedule but not in excess of $19,000 per year”
Source evidence
Code amendment note
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 schedule but not in excess of $19,000 per year”.Enacted provision · exact public law section
(2) Section 625(c) of such Act is amended by striking out “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 schedule but not in excess of $19,000 per year” and inserting in lieu thereof “but not in excess of the highest rate of grade 18 of such general schedule”.Foreign Assistance Act of 1964
Pub. L. 88–633 § 302(a)(1) · 78 Stat. 1009
Substituted · 22 U.S.C. § 2385(d)(2)
Pub. L. 88–633, § 302(a)(1), substituted “the assignment to such duty of more than twenty persons at any one time” for “more than thirty persons in the aggregate”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 88–633, § 302(a)(1), substituted “the assignment to such duty of more than twenty persons at any one time” for “more than thirty persons in the aggregate”.Enacted provision · exact public law section
(1) In subsection (d)(2) in the third proviso strike out “more than thirty persons in the aggregate” and substitute “the assignment to such duty of more than twenty persons at any one time”.Foreign Assistance Act of 1964
Pub. L. 88–633 § 302(a)(2) · 78 Stat. 1009
Added · 22 U.S.C. § 2385(j)
Pub. L. 88–633, § 302(a)(2), added subsec. (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 88–633, § 302(a)(2), added subsec. (j).Enacted provision · exact public law section
(2) Add the following new subsection (j): “(j) The President may appoint or assign a United States citizen to be representative of the United States to the Inter-American Committee on the Alliance for Progress and, in his discretion, may terminate such appointment or assignment, notwithstanding any other provision of law. Such person may be compensated at a rate not to exceed that authorized for a chief of mission, class 2, within the meaning of the Foreign Ante, p. 428. 75 Stat. 451. 22 USC 2386. Service Act of 1946, as amended.”Foreign Assistance Act of 1965
Pub. L. 89–171 · 79 Stat. 653
Substituted · 22 U.S.C. § 2385(d)(2)
Pub. L. 89–171 substituted “forty” for “twenty”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 89–171 substituted “forty” for “twenty”.Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(b) · 81 Stat. 445
Substituted · 22 U.S.C. § 2385(b); 22 U.S.C. § 2385(c)
Pub. L. 90–137, § 302(b), (c), substituted references to section 5332 of title 5 for former references to the Classification Act of 1949, as amended, and to section 5108 for former section 1105 of title 5
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 90–137, § 302(b), (c), substituted references to section 5332 of title 5 for former references to the Classification Act of 1949, as amended, and to section 5108 for former section 1105 of title 5.Enacted provision · exact public law section
(b) Section 625(b), which relates to employment of personnel, is amended as follows: (1) Strike out “the Classification Act of 1949, as amended (5 U.S.C. 1071 et seq.)” and substitute “section 5332 of title 5 of the United Ante, p. 199. States Code”. (2) Strike out “505 of the Classification Act of 1949, as amended” 80 Stat. 453. 75 Stat. 450. 22 USC 2385. and substitute “5108 of title 5 of the United States Code”.Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(d) · 81 Stat. 445
Changed · 22 U.S.C. § 2385(d)(2)
Pub. L. 90–137, § 302(d), authorized an increase in the assignment of foreign personnel from forty to fifty persons
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 90–137, § 302(d), authorized an increase in the assignment of foreign personnel from forty to fifty persons.Enacted provision · exact public law section
(d) Section 625(d)(2), third proviso, which relates to initial assignment in the United States of Foreign Service Reserve officers, is amended by striking out “forty” and substituting “fifty”.Foreign Assistance Act of 1968
Pub. L. 90–554 title III § 302(c) · 82 Stat. 960
Inserted · 22 U.S.C. § 2385(c)
Pub. L. 90–554 inserted “or any Act superseding subchapter II of this chapter in whole or in part” after “to carry out subchapter II of this chapter”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–554 inserted “or any Act superseding subchapter II of this chapter in whole or in part” after “to carry out subchapter II of this chapter”.Enacted provision · exact public law section
(c) Section 625(c), which relates to employment of personnel, is 75 Stat. 450. 22 USC 2385. amended by inserting “or any Act superseding part II in whole or in part,” between “part 11,” and “not”.Foreign Assistance Act of 1973
Pub. L. 93–189 § 16 · 87 Stat. 714
Added · 22 U.S.C. § 2385(k)
Pub. L. 93–189 added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 93–189 added subsec. (k).Enacted provision · exact public law section
Sec. 16. employment of personnel Section 625 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: “(k) (1) In accordance with such regulations as the President may prescribe, the following categories of personnel who serve in the agency Ante, p. 714. primarily responsible for administering part I of this Act shall become participants in the Foreign Service Retirement and Disability System: “(A) persons serving under unlimited appointments in employment subject to subsection (d)(2) of this section as Foreign Service Reserve officers and as Foreign Service staff officers and employees; and “(B) a person serving in a position to which he was appointed by the President, whether with or without the advice and consent of the Senate, if (i) such person shall have served previously under an unlimited appointment pursuant to such subsection (d)(2) or a comparable provision of predecessor legislation to this Act, and (ii) following service specified in clause (i) of this subparagraph, such person shall have served continuously with such agency or its predecessor agencies only in positions established under the authority of sections 624(a) and 631(b) or comparable 75 Stat. 447; 78 Stat. 428. 22 USC 2384, 2391. provisions of predecessor legislation to this Act. “(2) Upon becoming a participant in the Foreign Service Retirement and Disability System, any such officer or employee shall make a special contribution to the Foreign Service Retirement and Disability Fund in accordance with the provisions of section 852 of the Foreign Service Act of 1946, as amended. Thereafter, compulsory contributions 74 Stat. 844. 22 USC 1092. will be made with respect to each such participating officer or employee in accordance with the provisions of section 811 of the Foreign Service Act of 1946, as amended. 74 Stat. 839. 22 USC 1071. 60 Stat. 1016; 74 Stat. 836. 22 USC 1006, 1061. “(3) The provisions of section 636 and title. VIII of the Foreign Service Act of 1946, as amended, shall apply to participation in the Foreign Service Retirement and Disability System by any such officer or employee. “(4) If an officer who becomes a participant in the Foreign Service Retirement and Disability System under paragraph (1) of this subsection is appointed by the President, by and with the advice and consent of the Senate, or by the President alone, to a position in any agency of the United States Government, any United States delegation or mission to any international organization, in any international commission, or in any international body, such officer shall not, by virtue of the acceptance of such an appointment, lose his status as a participant in the system. “(5) Any such officer or employee who becomes a participant in the Mandatory retirement. Foreign Service Retirement and Disability System under paragraph (1) of this subsection shall be mandatorily retired (A) at the end of the month in which he reaches age seventy, or (B) earlier if. during the third year after the effective date of this subsection, he attains age sixty-four or if he is over age sixty-four; during the fourth year at age sixty-three; during the fifth year at. age sixty-two; during the sixth year at age sixty-one; and thereafter at the end of the month in which he reaches age sixty. However, no participant shall be mandatorily retired under this paragraph while serving in a position to which appointed by the President, by and with the advice and consent of the Senate. Any participant who completes a period of authorized service after reaching the mandatory retirement age specified in this paragraph shall be retired at the end of the month in which such service is completed. “(6) Whenever the President deems it to be in the public interest, he Service extension. may extend any participant’s service for a period not to exceed five rears after the mandatory retirement date of such officer or employee. “(7) This subsection shall become effective on the first day of the Effective dale. first month which begins more than one year after the date of its enactment, except that any officer or employee who, before such effective date, meets the requirements for participation in the Foreign Service Retirement and Disability System under paragraph (1) of this subsection may elect to become a participant before the effective date of this subsection. Such officer or employee shall become a participant on the first day of the second month following the date of his application for earlier participation. Any officer or employee who Incomes a participant in the system under the provisions of paragraph (1) of this subsection, who is age fifty-seven or over on the effective date of this subsection, may retire voluntarily at any time before mandatory retirement tinder paragraph (5) of I his subsection and receive retirement benefits under section 821 of the Foreign Service Act of 1946, as amended. 22 USC 1076. “(8) Any officer or employee who is separated for cause while a participant in the Foreign Service Retirement and Disability System pursuant to this subsection, shall be entitled to benefits in accordance with section 637 (b) and (d) of the Foreign Service Act of 1946, as 74 Stat. 836. 22 USC 1007. 22 USC 1003, 1004. amended. The provisions of subsection (e) of this section shall apply to participants in lieu of the provisions of sections 633 and 634 of the Foreign Service Act of 1946, as amended.”International Development and Food Assistance Act of 1977
Pub. L. 95–88 title I § 125 · 91 Stat. 533
Struck · 22 U.S.C. § 2385(d)(2)
Pub. L. 95–88 struck out a numerical limitation of fifty on the number of persons which the President may assign, at any one time, to duty within the United States for the purpose of preparation for assignments outside the United States
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 95–88 struck out a numerical limitation of fifty on the number of persons which the President may assign, at any one time, to duty within the United States for the purpose of preparation for assignments outside the United States.Enacted provision · exact public law section
Sec. 125. foreign service officers The last proviso of section 625(d)(2) of the Foreign 22 USC 2385. Assistance Act of 1961 is amended by striking out the semicolon and “however, the authority contained in this proviso may not be exercised with respect to the assignment to such duty of more than fifty persons at any one time”.Pub. L. 96–465 § 2203(a) · 94 Stat. 2071
Substituted · 22 U.S.C. § 2385(d)
Pub. L. 96–465, § 2203(a), substituted references to the Foreign Service Act of 1980, for references to the Foreign Service Act of 1946
Struck · 22 U.S.C. § 2385(d)
Pub. L. 96–465, § 2203(a), struck out provisions relating to the applicability of section 1005 of the Foreign Service Act of 1946 and relating to the utilization of Presidential authority under the Foreign Service Act of 1946 to carry out the functions of this chapter
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–465, § 2203(a), substituted references to the Foreign Service Act of 1980, for references to the Foreign Service Act of 1946, and struck out provisions relating to the applicability of section 1005 of the Foreign Service Act of 1946 and relating to the utilization of Presidential authority under the Foreign Service Act of 1946 to carry out the functions of this chapter.Enacted provision · exact public law section
(a) Section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)) is amended to read as follows: “(d) For the purpose of performing functions under this Act 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, together Ante, pp. 2087, 2088. with allowances and benefits under that Act. 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 for individuals appointed to the Ante, p. 2087. Foreign Service.”.Effective date note
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) 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. 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.Pub. L. 96–465 § 2205(8) · 94 Stat. 2071
Struck · 22 U.S.C. § 2385(e)
Pub. L. 96–465, § 2205(8), struck out subsec. (e) which set forth requirement of standards or other criteria for maintenance of adequate performance levels for personnel. See sections 4007 and 4008 of this title
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–465, § 2205(8), struck out subsec. (e) which set forth requirement of standards or other criteria for maintenance of adequate performance levels for personnel. See sections 4007 and 4008 of this title.Enacted provision · exact public law section
(8) Subsections (e), (g), (j), and (k) of section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and (k)).Effective date note
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) 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. 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.Pub. L. 96–465 § 2205(8) · 94 Stat. 2071
Struck · 22 U.S.C. § 2385(g)
Pub. L. 96–465, § 2205(8), struck out subsec. (g) which related to competency in foreign languages. See section 4022 of this title
Source evidence
Code amendment note
Subsec. (g). Pub. L. 96–465, § 2205(8), struck out subsec. (g) which related to competency in foreign languages. See section 4022 of this title.Enacted provision · exact public law section
(8) Subsections (e), (g), (j), and (k) of section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and (k)).Effective date note
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) 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. 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.Pub. L. 96–465 § 2205(8) · 94 Stat. 2071
Struck · 22 U.S.C. § 2385(j)
Pub. L. 96–465, § 2205(8), struck out subsec. (j) which related to appointment and compensation of an Inter-American Committee representative
Source evidence
Code amendment note
Subsec. (j). Pub. L. 96–465, § 2205(8), struck out subsec. (j) which related to appointment and compensation of an Inter-American Committee representative.Enacted provision · exact public law section
(8) Subsections (e), (g), (j), and (k) of section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and (k)).Effective date note
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) 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. 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.Pub. L. 96–465 § 2205(8) · 94 Stat. 2071
Struck · 22 U.S.C. § 2385(k)
Pub. L. 96–465, § 2205(8), struck out subsec. (k) which related to applicability, etc., of Foreign Service Retirement and Disability System. See sections 3922 and 4043 of this title
Source evidence
Code amendment note
Subsec. (k). Pub. L. 96–465, § 2205(8), struck out subsec. (k) which related to applicability, etc., of Foreign Service Retirement and Disability System. See sections 3922 and 4043 of this title.Enacted provision · exact public law section
(8) Subsections (e), (g), (j), and (k) of section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385 (e), (g), (j), and (k)).Effective date note
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) 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. 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.Pub. L. 97–113 title VII § 703 · 95 Stat. 1519
Substituted · 22 U.S.C. § 2385(d)
Pub. L. 97–113 substituted “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” for “together with allowances and benefits under that Act”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–113 substituted “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” for “together with allowances and benefits under that Act”.Enacted provision · exact public law section
Sec. 703. compensation for participating agency employees The first sentence of section 625(d) of the Foreign 22 USC 2385. Assistance Act of 1961 is amended by striking out “together with allowances and benefits under that Act” and inserting in lieu thereof “or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under 94 Stat. 2071. the Foreign Service Act of 1980”.Pub. L. 109–234 title I § 1602(b)(2) · 120 Stat. 418
Added · 22 U.S.C. § 2385(j)
Pub. L. 109–234 added subsec. (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 109–234 added subsec. (j).Enacted provision · exact public law section
(2) United states agency for international development.— Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385) is amended by adding at the end the following new subsection: “(j) (1) (A) To facilitate the assignment of persons to Iraq and Afghanistan or to posts vacated by members of the Service assigned to Iraq 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, United States Code, 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) Termination date. The authority of the Administrator under subparagraph (A) shall terminate on October 1, 2008. 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, United States Code.” .Pub. L. 111–32 title XI § 1115(c)(3) · 123 Stat. 1859
Inserted · 22 U.S.C. § 2385(j)(1)(A)
Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places
Source evidence
Code amendment note
Subsec. (j)(1)(A). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.Enacted provision · exact public law section
(3) Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385) is amended in subsection (j)(1)(A) by adding “, Pakistan,” after “Iraq” each place it appears; and, in subsection (j)(1)(B) by striking “2008” and inserting instead “2010”.Pub. L. 111–32 title XI § 1115(c)(3) · 123 Stat. 1859
Substituted · 22 U.S.C. § 2385(j)(1)(B)
Pub. L. 111–32 substituted “2010” for “2008”
Source evidence
Code amendment note
Subsec. (j)(1)(B). Pub. L. 111–32 substituted “2010” for “2008”.Enacted provision · exact public law section
(3) Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2385) is amended in subsection (j)(1)(A) by adding “, Pakistan,” after “Iraq” each place it appears; and, in subsection (j)(1)(B) by striking “2008” and inserting instead “2010”.Pub. L. 118–159 div. G title LXXVI § 7602 · 138 Stat. 2552
Added · 22 U.S.C. § 2385(k)
Pub. L. 118–159 added subsec. (k)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (k). Pub. L. 118–159 added subsec. (k).
22 of 25 references resolved to an enrolled provision · 2 partial · 1 unresolved
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (d), (f), (h), and (i), was in the original “this Act”, meaning Pub. L. 87–195, , 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.
The Foreign Service Act of 1980, referred to in subsec. (d), is Pub. L. 96–465, , 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 section 3901 of this title and Tables.
, referred to in subsec. (k)(4), was in the original “the date of the enactment of this Act”, and was translated as meaning the date of enactment of Pub. L. 118–159, which added subsec. (k), to reflect the probable intent of Congress. See 2024 Amendment note below.
Amendments1962–2024 · 12 rounds
2024
Subsec. (k). Pub. L. 118–159 added subsec. (k).
2009
Subsec. (j)(1)(A). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.
Subsec. (j)(1)(B). Pub. L. 111–32 substituted “2010” for “2008”.
2006
Subsec. (j). Pub. L. 109–234 added subsec. (j).
1981
Subsec. (d). Pub. L. 97–113 substituted “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” for “together with allowances and benefits under that Act”.
1980
Subsec. (d). Pub. L. 96–465, § 2203(a), substituted references to the Foreign Service Act of 1980, for references to the Foreign Service Act of 1946, and struck out provisions relating to the applicability of section 1005 of the Foreign Service Act of 1946 and relating to the utilization of Presidential authority under the Foreign Service Act of 1946 to carry out the functions of this chapter.
Subsec. (e). Pub. L. 96–465, § 2205(8), struck out subsec. (e) which set forth requirement of standards or other criteria for maintenance of adequate performance levels for personnel. See sections 4007 and 4008 of this title.
Subsec. (g). Pub. L. 96–465, § 2205(8), struck out subsec. (g) which related to competency in foreign languages. See section 4022 of this title.
Subsec. (j). Pub. L. 96–465, § 2205(8), struck out subsec. (j) which related to appointment and compensation of an Inter-American Committee representative.
Subsec. (k). Pub. L. 96–465, § 2205(8), struck out subsec. (k) which related to applicability, etc., of Foreign Service Retirement and Disability System. See sections 3922 and 4043 of this title.
1977
Subsec. (d)(2). Pub. L. 95–88 struck out a numerical limitation of fifty on the number of persons which the President may assign, at any one time, to duty within the United States for the purpose of preparation for assignments outside the United States.
1973
Subsec. (k). Pub. L. 93–189 added subsec. (k).
1968
Subsec. (c). Pub. L. 90–554 inserted “or any Act superseding subchapter II of this chapter in whole or in part” after “to carry out subchapter II of this chapter”.
1967
Subsecs. (b), (c). Pub. L. 90–137, § 302(b), (c), substituted references to section 5332 of title 5 for former references to the Classification Act of 1949, as amended, and to section 5108 for former section 1105 of title 5.
Subsec. (d)(2). Pub. L. 90–137, § 302(d), authorized an increase in the assignment of foreign personnel from forty to fifty persons.
1965
Subsec. (d)(2). Pub. L. 89–171 substituted “forty” for “twenty”.
1964
Subsec. (d)(2). Pub. L. 88–633, § 302(a)(1), substituted “the assignment to such duty of more than twenty persons at any one time” for “more than thirty persons in the aggregate”.
Subsec. (j). Pub. L. 88–633, § 302(a)(2), added subsec. (j).
1962
Subsec. (b). Pub. L. 87–793, § 1001(k)(1), substituted “but not in excess of the highest rate of grade 18 of such general schedule” for “and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year”.
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 schedule 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 exceeding 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 excluded services of employees of agencies primarily responsible 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 , 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.
Repeal of subsec. (k) by Pub. L. 96–465 effective , see Pub. L. 96–465, title II, § 2403(d)(1), , 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 , see Pub. L. 87–793, pt. II, § 1008, , 76 Stat. 868.
Additional Personnel To Address Backlogs in Hiring and Investigations
Pub. L. 117–263, div. I, title XCII, § 9204, , 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 enactment of this Act []) 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 personnel 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), , 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 ‘’ and inserting ‘’.”
Prior extensions were contained in the following prior acts:
Pub. L. 118–83, div. B, title I, § 111, , 138 Stat. 1537.
Pub. L. 117–263, div. I, title XCVIII, § 9802(b), , 136 Stat. 3924.
Pub. L. 117–103, div. K, title VII, § 7034(l)(3), , 136 Stat. 623.
Pub. L. 116–260, div. K, title VII, § 7034(l)(3), , 134 Stat. 1749.
Pub. L. 116–94, div. G, title VII, § 7034(l)(3), , 133 Stat. 2872.
Pub. L. 116–6, div. F, title VII, § 7034(m)(3), , 133 Stat. 327.
Pub. L. 115–141, div. K, title VII, § 7034(l)(3), , 132 Stat. 895.
Pub. L. 115–31, div. J, title VII, § 7034(k)(3), , 131 Stat. 651.
Pub. L. 114–113, div. K, title VII, § 7034(k)(6), , 129 Stat. 2765.
Pub. L. 113–235, div. J, title VII, § 7034(l)(6), , 128 Stat. 2625.
Pub. L. 113–76, div. K, title VII, § 7034(m)(6), , 128 Stat. 515.
Pub. L. 112–74, div. I, title VII, § 7034(m)(6), , 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 Organization 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, , 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 , under former section 1787(c) of this title or subsec. (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, employment, or assignment exceeds thirty months, see Ex. Ord. No. 12163, § 1–602(b), , 44 F.R. 56677, as amended, set out as a note under section 2381 of this title.
Credits
1961–2024 · 14 acts
- 1961Pub. L. 87–195, pt. III, § 625, , 75 Stat. 449
- 1962Pub. L. 87–565, pt. III, § 302(c), , 76 Stat. 262
- 1962Pub. L. 87–793, pt. II, § 1001(k), , 76 Stat. 865
- 1964Pub. L. 88–663, pt. III, § 302(a), , 78 Stat. 1014
- 1965Pub. L. 89–171, pt. III, § 302(c), , 79 Stat. 660
- 1967Pub. L. 90–137, pt. III, § 302(b)–(d), , 81 Stat. 460
- 1968Pub. L. 90–554, title III, § 302(c), , 82 Stat. 965
- 1973Pub. L. 93–189, § 16, , 87 Stat. 722
- 1977Pub. L. 95–88, title I, § 125, , 91 Stat. 542
- 1980Pub. L. 96–465, title II, §§ 2203(a), 2205(8), , 94 Stat. 2158, 2160
- 1981Pub. L. 97–113, title VII, § 703, , 95 Stat. 1544
- 2006Pub. L. 109–234, title I, § 1602(b)(2), , 120 Stat. 442
- 2009Pub. L. 111–32, title XI, § 1115(c)(3), , 123 Stat. 1905
- 2024Pub. L. 118–159, div. G, title LXXVI, § 7602, , 138 Stat. 2552.
Show as published
(Pub. L. 87–195, pt. III, § 625, , 75 Stat. 449; Pub. L. 87–565, pt. III, § 302(c), , 76 Stat. 262; Pub. L. 87–793, pt. II, § 1001(k), , 76 Stat. 865; Pub. L. 88–663, pt. III, § 302(a), , 78 Stat. 1014; Pub. L. 89–171, pt. III, § 302(c), , 79 Stat. 660; Pub. L. 90–137, pt. III, § 302(b)–(d), , 81 Stat. 460; Pub. L. 90–554, title III, § 302(c), , 82 Stat. 965; Pub. L. 93–189, § 16, , 87 Stat. 722; Pub. L. 95–88, title I, § 125, , 91 Stat. 542; Pub. L. 96–465, title II, §§ 2203(a), 2205(8), , 94 Stat. 2158, 2160; Pub. L. 97–113, title VII, § 703, , 95 Stat. 1544; Pub. L. 109–234, title I, § 1602(b)(2), , 120 Stat. 442; Pub. L. 111–32, title XI, § 1115(c)(3), , 123 Stat. 1905; Pub. L. 118–159, div. G, title LXXVI, § 7602, , 138 Stat. 2552.)