Title 22 — Foreign Relations and Intercourse
Part II · Chapter 32 — Foreign Assistance
§ 2386. Experts, consultants, and retired officers
Statutory text
Employment; compensation; renewal of contracts of employment
Experts and consultants or organizations thereof may as authorized by section 3109 of title 5 be employed for the performance of functions under this chapter, and individuals so employed may be compensated at rates not in excess 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 regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time. Contracts for such employment with such organizations, employment 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 experience, not to exceed ten in number, and contracts for such employment of retired military personnel with specialized experience of a broad politico-military nature, not to exceed five in number, may be renewed annually.
Exemption from certain Federal laws
Service of an individual as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 3323(a) of title 5.
Employment without compensation of persons 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.
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. § 2386
Pub. L. 87–195, pt. III, § 626, Sept. 4, 1961, 75 Stat. 451
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 626, Sept. 4, 1961, 75 Stat. 451Foreign Assistance Act of 1963
Pub. L. 88–205 · 77 Stat. 379
Substituted · 22 U.S.C. § 2386(b)
Pub. L. 88–205 substituted “Service of an individual as an expert or consultant under subsection (a) of this section shall not” for “Nor shall such service”
Struck · 22 U.S.C. § 2386(b)
Pub. L. 88–205 struck out provisions exempting individuals serving under subsec. (a) of this section from coverage of sections 281, 283, or 284 of title 18, section 99 of title 5, or any Federal law imposing restrictions, requirements, or penalties in connection with claims or matters involving the U.S. Government, except insofar as such provisions prohibited such individuals from receiving compensation in respect of any matter in which such individual was directly involved in the performance of such service
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–205 substituted “Service of an individual as an expert or consultant under subsection (a) of this section shall not” for “Nor shall such service”, and struck out provisions exempting individuals serving under subsec. (a) of this section from coverage of sections 281, 283, or 284 of title 18, section 99 of title 5, or any Federal law imposing restrictions, requirements, or penalties in connection with claims or matters involving the U.S. Government, except insofar as such provisions prohibited such individuals from receiving compensation in respect of any matter in which such individual was directly involved in the performance of such service.Dual Compensation Act
Pub. L. 88–448 § 401(e) · 78 Stat. 484
Struck · 22 U.S.C. § 2386(b)
Pub. L. 88–448, § 401(e), struck out provisions which stated that service as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of title 5
Inserted · 22 U.S.C. § 2386(b)
Pub. L. 88–448, § 401(e), inserted “, subject to section 3102 of title 5”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–448, § 401(e), struck out provisions which stated that service as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of title 5, and inserted “, subject to section 3102 of title 5”.Enacted provision · exact public law section
(e) Section 626(b) of part III of the Act entitled “An Act to promote the foreign policy, security, and general welfare of the United States by assisting peoples of the world in their efforts toward economic development and internal and external security, and for other purposes”, approved September 4, 1961 (75 Stat. 451; 22 U.S.C. 2386(b)), is amended— (1) by striking out “section 212 of Public Law 72–212, as amended (5 U.S.C. 59a),”; and (2) by inserting immediately before the period at the end thereof a comma and the following: “subject to section 201 of the Dual Compensation Act”.Effective date note
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see Pub. L. 88–448, title IV, § 403(a), Aug. 19, 1964, 78 Stat. 496.Dual Compensation Act
Pub. L. 88–448 § 402(a)(35) · 78 Stat. 484
Repealed · 22 U.S.C. § 2386(c)
Pub. L. 88–448, § 402(a)(35), repealed subsec. (c) which related to compensation of retired officers
Source evidence
Code amendment note
Subsec. (c). Pub. L. 88–448, § 402(a)(35), repealed subsec. (c) which related to compensation of retired officers.Enacted provision · exact public law section
(35) Section 626(c) of the Act of September 4, 1961 (75 Stat. 451; 22 U.S.C. 2386(c)), authorizing employment of retired officers under the Act for International Development of 1961 or the International Peace and Security Act of 1961.Effective date note
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see Pub. L. 88–448, title IV, § 403(a), Aug. 19, 1964, 78 Stat. 496.Foreign Assistance Act of 1964
Pub. L. 88–633 § 302(b)(1) · 78 Stat. 1009
Changed · 22 U.S.C. § 2386(a)
Pub. L. 88–633, § 302(b)(1), increased compensation limits from $75 to $100 per diem
Source evidence
Code amendment note
Subsec. (a). Pub. L. 88–633, § 302(b)(1), increased compensation limits from $75 to $100 per diem.Enacted provision · exact public law section
(1) Subsection (a) is amended by striking out “$75” and substituting “$100”.Foreign Assistance Act of 1964
Pub. L. 88–633 § 302(b)(2) · 78 Stat. 1009
Repealed · 22 U.S.C. § 2386(c)
Pub. L. 88–633, § 302(b)(2), substituted “section 101(3) of Title 37” for “Career Compensation Act of 1949, as amended,” in subsec. (c) subsequent to the repeal of such subsection by Pub. L. 88–448
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 88–633, § 302(b)(2), substituted “section 101(3) of Title 37” for “Career Compensation Act of 1949, as amended,” in subsec. (c) subsequent to the repeal of such subsection by Pub. L. 88–448.Enacted provision · exact public law section
(2) Subsection (c) is amended by striking out the words “Career Compensation Act of 1949, as amended (37 U.S.C. 231 et seq.)” and substituting “section 101(3) of title 37 of the United States Code”.Foreign Assistance Act of 1965
Pub. L. 89–171 · 79 Stat. 653
Redesignated · 22 U.S.C. § 2386(c); 22 U.S.C. § 2386(d)
Pub. L. 89–171 redesignated subsec. (d) as (c). Former subsec. (c) was repealed by Pub. L. 88–448, title IV, § 402(a)(35), Aug. 19, 1964, 78 Stat. 495
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 89–171 redesignated subsec. (d) as (c). Former subsec. (c) was repealed by Pub. L. 88–448, title IV, § 402(a)(35), Aug. 19, 1964, 78 Stat. 495.Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(e)(1) · 81 Stat. 445
Substituted · 22 U.S.C. § 2386(a)
Pub. L. 90–137, § 302(e)(1), substituted reference to section 3109 for former section 55a of title 5
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–137, § 302(e)(1), substituted reference to section 3109 for former section 55a of title 5.Enacted provision · exact public law section
(1) In subsection (a), strike out “15 of the Act of August 2, 1946, as amended (5 U.S.C. 55a)” and substitute “3109 of title 5 of the United States Code”.Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(e)(2) · 81 Stat. 445
Substituted · 22 U.S.C. § 2386(b)
Pub. L. 90–137, § 302(e)(2), substituted references to sections 3323(a) and 8344 of title 5 for former section 2263 of title 5 and to section 5532 of title 5 for former section 3102 of title 5
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–137, § 302(e)(2), substituted references to sections 3323(a) and 8344 of title 5 for former section 2263 of title 5 and to section 5532 of title 5 for former section 3102 of title 5.Enacted provision · exact public law section
(2) In subsection (b)— (A) strike out “section 13 of the Civil Service Retirement Act, as amended (5 U.S.C. 2263)” and substitute “sections 3323(a) and 8344 of title 5 of the United States Code”; and (B) strike out “201 of the Dual Compensation Act” and substitute “5532 of title 5 of the United States Code”.International Security Assistance and Arms Export Control Act of 1976
Pub. L. 94–329 title VI § 603 · 90 Stat. 729
Substituted · 22 U.S.C. § 2386(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 603. payment of consultants Section 626(a) of the Foreign Assistance Act of 1961 is amended by striking out “$100 per diem” and inserting in lieu thereof “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, United States Code”.International Development and Food Assistance Act of 1977
Pub. L. 95–88 title I § 126 · 91 Stat. 533
Struck · 22 U.S.C. § 2386(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 employees or governing the simultaneous receipt of compensation and retired pay or annuities subject to section 5532 of title 5
Source evidence
Code amendment note
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 employees or governing the simultaneous receipt of compensation and retired pay or annuities subject to section 5532 of title 5.Enacted provision · exact public law section
Sec. 126. double dipping Section 626(b) of the Foreign Assistance Act of 1961 is amended by striking out “sections 3323(a) and 8344 of title, 5 of the United States Code, section 872 of the Foreign Service Act of 1946, as amended, or any other law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 5532” and inserting in lieu thereof “section 3323(a)”.
9 of 13 references resolved to an enrolled provision · 4 partial
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, , 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.
Amendments1963–1977 · 6 rounds
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 employees or governing the simultaneous receipt of compensation and retired pay or annuities subject to section 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), substituted reference to section 3109 for former section 55a of title 5.
Subsec. (b). Pub. L. 90–137, § 302(e)(2), substituted references to sections 3323(a) and 8344 of title 5 for former section 2263 of title 5 and to section 5532 of title 5 for former section 3102 of title 5.
1965
Subsecs. (c), (d). Pub. L. 89–171 redesignated subsec. (d) as (c). Former subsec. (c) was repealed by Pub. L. 88–448, title IV, § 402(a)(35), , 78 Stat. 495.
1964
Subsec. (a). Pub. L. 88–633, § 302(b)(1), increased compensation limits from $75 to $100 per diem.
Subsec. (b). Pub. L. 88–448, § 401(e), struck out provisions which stated that service as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of title 5, and inserted “, subject to section 3102 of title 5”.
Subsec. (c). Pub. L. 88–448, § 402(a)(35), repealed subsec. (c) which related to compensation of retired officers.
Pub. L. 88–633, § 302(b)(2), substituted “section 101(3) of Title 37” for “Career Compensation Act of 1949, as amended,” in subsec. (c) subsequent to the repeal of such subsection by Pub. L. 88–448.
1963
Subsec. (b). Pub. L. 88–205 substituted “Service of an individual as an expert or consultant under subsection (a) of this section shall not” for “Nor shall such service”, and struck out provisions exempting individuals serving under subsec. (a) of this section from coverage of sections 281, 283, or 284 of title 18, section 99 of title 5, or any Federal law imposing restrictions, requirements, or penalties in connection with claims or matters involving the U.S. Government, except insofar as such provisions prohibited such individuals from receiving compensation in respect of any matter in which such individual was directly involved in the performance of such service.
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following , see Pub. L. 88–448, title IV, § 403(a), , 78 Stat. 496.
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.
Credits
1961–1977 · 8 acts
- 1961Pub. L. 87–195, pt. III, § 626, , 75 Stat. 451
- 1963Pub. L. 88–205, pt. III, § 302(c), , 77 Stat. 389
- 1964Pub. L. 88–448, title IV, §§ 401(e), 402(a)(35), , 78 Stat. 490, 495
- 1964Pub. L. 88–633, pt. III, § 302(b), , 78 Stat. 1014
- 1965Pub. L. 89–171, pt. III, § 302(d), , 79 Stat. 660
- 1967Pub. L. 90–137, pt. III, § 302(e), , 81 Stat. 460
- 1976Pub. L. 94–329, title VI, § 603, , 90 Stat. 766
- 1977Pub. L. 95–88, title I, § 126, , 91 Stat. 542.
Show as published
(Pub. L. 87–195, pt. III, § 626, , 75 Stat. 451; Pub. L. 88–205, pt. III, § 302(c), , 77 Stat. 389; Pub. L. 88–448, title IV, §§ 401(e), 402(a)(35), , 78 Stat. 490, 495; Pub. L. 88–633, pt. III, § 302(b), , 78 Stat. 1014; Pub. L. 89–171, pt. III, § 302(d), , 79 Stat. 660; Pub. L. 90–137, pt. III, § 302(e), , 81 Stat. 460; Pub. L. 94–329, title VI, § 603, , 90 Stat. 766; Pub. L. 95–88, title I, § 126, , 91 Stat. 542.)