§ 2581. General authority of Secretary of State

Footnotes

1. 1 So in original. The period probably should be a semicolon.

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.

1. 1961

   Pub. L. 87–297 title IV § 401 · 75 Stat. 631

   Enacted · 22 U.S.C. § 2581

   Pub. L. 87–297, title IV, § 401, formerly § 41, Sept. 26, 1961, 75 Stat. 635

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 87–297, title IV, § 401, formerly § 41, Sept. 26, 1961, 75 Stat. 635

   Enacted provision · exact public law section
   Sec. 41. general authority In the performance of his functions, the Director is authorized to— (a) utilize or employ the services, personnel, equipment, or facilities of any other Government agency, with the consent of the agency concerned, to perform such functions on behalf of the Agency as may appear desirable. It is the intent of this section that the Director rely upon the Department of State for general administrative services in the Ignited States and abroad to the extent agreed upon between the Secretary of State and the Director. Any Government agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Director, without reimbursement, supplies and equipment other than administrative supplies or equipment. Transfer or receipt of excess property shall be in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377. 40 USC 471 note. as amended; (b) appoint officers and employees, including attorneys, for the Agency in accordance with the civil service laws and fix their compensation in accordance with the Classification Act of 1949, 63 Stat. 954. 5 USC 1071 note. as amended; (c) enter into agreements with other Government agencies, including the military departments through the Secretary of Defense, under which officers or employees of such agencies may be detailed to the Agency for the performance of service pursuant to this Act without prejudice to the status or advancement of such officers or employees within their own agencies; (d) procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C 55a), at rates not to exceed $100 per diem for individuals, and 60 Stat. 810. to pay in connection therewith travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from their homes or regular places of business, as authorized by section 5 of said Act, as amended (5 U.S.C. 73b–2): Ante, pp. 339, 340. Provided, That no such individual shall be employed for more than one hundred days in any fiscal year unless the President certifies that employment of such individual in excess of such number of days is necessary in the national interest: And provided further, That such contracts may be renewed annually; (e) employ individuals of outstanding ability without compensation in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 69 Stat. 582. 2160), and regulations issued thereunder; (f) establish advisory boards to advise with and make recommendations to the Director on United States arms control and disarmament policy and activities. The members of such boards may receive the compensation and reimbursement for expenses specified for consultants by section 41(d) of this Act; (g) delegate, as appropriate, to the Deputy Director or other officers of the Agency, any authority conferred upon the Director by the provisions of this Act; and (h) make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary or desirable to the exercise of any authority conferred upon the Director by the provisions of this Act.

2. 1974

   Pub. L. 93–332 § 1(a) · 88 Stat. 289

   1. Substituted · 22 U.S.C. § 2581(d)

      Pub. L. 93–332 substituted “as authorized by section 3109 of title 5” for “as authorized by section 55a of title 5, at rates not to exceed $100 per diem for individuals”

   2. Substituted · 22 U.S.C. § 2581(d)

      Pub. L. 93–332 substituted “section 5703 of such title” for “section 73b–2 of title 5”

   3. Substituted · 22 U.S.C. § 2581(d)

      Pub. L. 93–332 substituted “130 days” for “one hundred days”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–332 substituted “as authorized by section 3109 of title 5” for “as authorized by section 55a of title 5, at rates not to exceed $100 per diem for individuals”, “section 5703 of such title” for “section 73b–2 of title 5” and “130 days” for “one hundred days”.

   Enacted provision · exact public law section
   (1) deleting “as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals,” and substituting therefor “as authorized by section 3109 of title 5 of the United States Code,”;

3. 1977

   Arms Control and Disarmament Act Amendments of 1977

   Pub. L. 95–108 § 5(a) · 91 Stat. 871

   1. Inserted · 22 U.S.C. § 2581(b)

      Pub. L. 95–108, § 5(a), incorporated existing provisions into introductory paragraph, and as so incorporated, revised terminology to reflect current classification of civil service laws, etc., and inserted provisions authorizing the Director to appoint and fix compensation of officers and employees of the agency, without regard to the provisions of title 5, during a two-year period beginning Aug. 17, 1977

   2. Added · 22 U.S.C. § 2581(b)

      Pub. L. 95–108, § 5(a), incorporated existing provisions into introductory paragraph, and as so incorporated, revised terminology to reflect current classification of civil service laws, etc., and added pars. (1) to (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–108, § 5(a), incorporated existing provisions into introductory paragraph, and as so incorporated, revised terminology to reflect current classification of civil service laws, etc., and inserted provisions authorizing the Director to appoint and fix compensation of officers and employees of the agency, without regard to the provisions of title 5, during a two-year period beginning Aug. 17, 1977, and added pars. (1) to (3).

   Enacted provision · exact public law section
   (a) Section 41(b) of the Arms Control and Disarmament Act is amended to read as follows: “(b) appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that during the 2-year period beginning on the date of enactment of the Arms Control and Disarmament Act Amendments of 1977, the Director may, to the extent he deems necessary to the discharge of his responsibilities, appoint and fix the compensation of officers and employees for the Agency without regard to such provisions, subject to the following requirements: “(1) an officer or employee whose compensation is fixed under the foregoing exception may not be paid a salary at a rate in excess of the rate payable under such chapter 51 and such subchapter III for positions of equivalent difficulty or responsibility except for (A) those officers and employees whose compensation is fixed by law, and (B) scientific and technical personnel who may be compensated at a rate not to exceed the rate in effect for grade GS–18 of the General Schedule ; “(2) the Director shall make adequate provision for administrative review of any determination to suspend or dismiss any officer or employee appointed under the foregoing exception ; and “(3) an officer or employee of the Agency serving under a career or career conditional appointment on the date of enactment of the Arms Control and Disarmament Act Amendments of 1977 may not be involuntarily deprived, while employed by the Agency, of any rights normally granted such officer or employee in the competitive service ;”.

4. 1977

   Arms Control and Disarmament Act Amendments of 1977

   Pub. L. 95–108 § 5(b) · 91 Stat. 871

   1. Added · 22 U.S.C. § 2581(g)(i)

      Pub. L. 95–108, § 5(b), added subsec. (g)

   2. Redesignated · 22 U.S.C. § 2581(g)(i)

      Pub. L. 95–108, § 5(b), redesignated former subsecs. (g) and (h) as (h) and (i), respectively

   Source evidence

   Code amendment note
   Subsecs. (g) to (i). Pub. L. 95–108, § 5(b), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

   Enacted provision · exact public law section
   (b) Section 41 of such Act is amended— 22 USC 2581. (1) by redesignating paragraphs (g) and (h) as paragraphs (h) and (i), respectively ; and (2) by inserting immediately after paragraph (f) the following Advisory services, expenses, reimbursement. new paragraph: “(g) permit, under such terms and conditions as he may prescribe, any officer or employee of the Agency, in connection with the attendance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid ;”.

5. 1991

   Pub. L. 102–228 title IV § 401(b) · 105 Stat. 1691

   1. Added · 22 U.S.C. § 2581(h)(j)

      Pub. L. 102–228 added subsec. (h)

   2. Redesignated · 22 U.S.C. § 2581(h)(j)

      Pub. L. 102–228 redesignated former subsecs. (h) and (i) as (i) and (j), respectively

   Source evidence

   Code amendment note
   Subsecs. (h) to (j). Pub. L. 102–228 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

6. 1994

   Arms Control and Nonproliferation Act of 1994

   Pub. L. 103–236 title VII § 715 · 108 Stat. 382

   1. Substituted · 22 U.S.C. § 2581(b)

      Pub. L. 103–236 substituted “except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that—” for “except that during the 2-year period beginning on August 17, 1977, the Director may, to the extent he deems necessary to the discharge of his responsibilities, appoint and fix the compensation of officers and employees for the Agency without regard to such provisions, subject to the following requirements:”

   2. Added · 22 U.S.C. § 2581(b)

      Pub. L. 103–236 added pars. (1) and (2)

   3. Struck · 22 U.S.C. § 2581(b)

      Pub. L. 103–236 struck out former pars. (1) to (3) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–236 substituted “except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that—” for “except that during the 2-year period beginning on August 17, 1977, the Director may, to the extent he deems necessary to the discharge of his responsibilities, appoint and fix the compensation of officers and employees for the Agency without regard to such provisions, subject to the following requirements:”, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows:

   “(1) an officer or employee whose compensation is fixed under the foregoing exception may not be paid a salary at a rate in excess of the rate payable under such chapter 51 and such subchapter III for positions of equivalent difficulty or responsibility except for (A) those officers and employees whose compensation is fixed by law, and (B) scientific and technical personnel who may be compensated at a rate not to exceed the rate in effect for grade GS–18 of the General Schedule; “(2) the Director shall make adequate provision for administrative review of any determination to suspend or dismiss any officer or employee appointed under the foregoing exception; and “(3) an officer or employee of the Agency serving under a career or career conditional appointment on August 17, 1977, may not be involuntarily deprived, while employed by the Agency, of any rights normally granted such officer or employee in the competitive service;”.

   Enacted provision · exact public law section
   SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL. Section 41(b) of the Arms Control and Disarmament Act (22 U.S.C. 2581(b)) is amended by striking “except that during the 2-year” and all that follows through the end thereof and inserting “except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that— “(1) any employee who is appointed under this exception is not paid at a rate— “(A) in excess of the rate payable for positions of equivalent difficulty or responsibility, or “(B) exceeding the maximum rate payable for grade 15 of the General Schedule; and “(2) the number of employees appointed under this exception shall not exceed 10 percent of the Agency’s full-time equivalent ceiling.”.

7. 1998

   Pub. L. 105–277 § 1223(13)(A) · 112 Stat. 2681

   Substituted · 22 U.S.C. § 2581

   Pub. L. 105–277, § 1223(13)(A), substituted “In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this chapter” for “In the performance of his functions, the Director” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 105–277, § 1223(13)(A), substituted “In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this chapter” for “In the performance of his functions, the Director” in introductory provisions.

   Effective date note
   Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

8. 1998

   Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

   1. Substituted · 22 U.S.C. § 2581(a)

      Pub. L. 105–277, § 1223(13)(B), (C), substituted “Department of State” for “Agency”

   2. Substituted · 22 U.S.C. § 2581(a)

      Pub. L. 105–277, § 1223(13)(B), (C), substituted “Secretary of State” for “Director”

   3. Struck · 22 U.S.C. § 2581(a)

      Pub. L. 105–277, § 1223(13)(B), (C), struck out “It is the intent of this section that the Director rely upon the Department of State for general administrative services in the United States and abroad to the extent agreed upon between the Secretary of State and the Director.” after “may appear desirable.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–277, § 1223(13)(B), (C), substituted “Department of State” for “Agency” and “Secretary of State” for “Director”, and struck out “It is the intent of this section that the Director rely upon the Department of State for general administrative services in the United States and abroad to the extent agreed upon between the Secretary of State and the Director.” after “may appear desirable.”

   Effective date note
   Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

9. 1998

   Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

   1. Substituted · 22 U.S.C. § 2581(b)

      Pub. L. 105–277, § 1223(13)(B), (D)(i), in introductory provisions, substituted “Secretary of State” for “Director”

   2. Struck · 22 U.S.C. § 2581(b)

      Pub. L. 105–277, § 1223(13)(B), (D)(i), in introductory provisions, struck out “appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5 governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,” before “appoint and fix”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–277, § 1223(13)(B), (D)(i), in introductory provisions, substituted “Secretary of State” for “Director” and struck out “appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5 governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,” before “appoint and fix”.

   Effective date note
   Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

10. 1998

    Pub. L. 105–277 § 1223(13)(D)(ii) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 2581(b)(1)

    Pub. L. 105–277, § 1223(13)(D)(ii), substituted “subsection” for “exception” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–277, § 1223(13)(D)(ii), substituted “subsection” for “exception” in introductory provisions.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

11. 1998

    Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

    1. Substituted · 22 U.S.C. § 2581(b)(2)

       Pub. L. 105–277, § 1223(13)(B), (D)(iii), substituted “subsection” for “exception”

    2. Substituted · 22 U.S.C. § 2581(b)(2)

       Pub. L. 105–277, § 1223(13)(B), (D)(iii), substituted “Department of State’s” for “Agency’s”

    3. Substituted · 22 U.S.C. § 2581(b)(2)

       Pub. L. 105–277, § 1223(13)(B), (D)(iii), substituted “positions allocated to carry out the purpose of this chapter” for “ceiling”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–277, § 1223(13)(B), (D)(iii), substituted “subsection” for “exception”, “Department of State’s” for “Agency’s”, and “positions allocated to carry out the purpose of this chapter” for “ceiling”.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

12. 1998

    Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 2581(c)

    Pub. L. 105–277, § 1223(13)(B), substituted “Department of State” for “Agency”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–277, § 1223(13)(B), substituted “Department of State” for “Agency”.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

13. 1998

    Pub. L. 105–277 § 1223(13)(G) · 112 Stat. 2681

    Amended · 22 U.S.C. § 2581(f)

    Pub. L. 105–277, § 1223(13)(G), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “establish advisory boards to advise with and make recommendations to the Director on United States arms control and disarmament policy and activities. The members of such boards may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–277, § 1223(13)(G), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “establish advisory boards to advise with and make recommendations to the Director on United States arms control and disarmament policy and activities. The members of such boards may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;”.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

14. 1998

    Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

    1. Redesignated · 22 U.S.C. § 2581(g)

       Pub. L. 105–277, § 1223(13)(B), (E), (F), redesignated subsec. (h) as (g)

    2. Substituted · 22 U.S.C. § 2581(g)

       Pub. L. 105–277, § 1223(13)(B), (E), (F), substituted “Secretary of State’s” for “Director’s”

    3. Struck · 22 U.S.C. § 2581(g)

       Pub. L. 105–277, § 1223(13)(B), (E), (F), struck out former subsec. (g) which read as follows: “permit, under such terms and conditions as he may prescribe, any officer or employee of the Agency, in connection with the attendance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid;”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–277, § 1223(13)(B), (E), (F), redesignated subsec. (h) as (g), substituted “Secretary of State’s” for “Director’s”, and struck out former subsec. (g) which read as follows: “permit, under such terms and conditions as he may prescribe, any officer or employee of the Agency, in connection with the attendance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid;”.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

15. 1998

    Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

    1. Redesignated · 22 U.S.C. § 2581(h)

       Pub. L. 105–277, § 1223(13)(B), (F), (H), redesignated subsec. (i) as (h)

    2. Redesignated · 22 U.S.C. § 2581(h)

       Pub. L. 105–277, § 1223(13)(B), (F), (H), substituted “Under Secretary for Arms Control and International Security” for “Deputy Director”, “Department of State” for “Agency”, and “Secretary of State” for “Director”. Former subsec. (h) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–277, § 1223(13)(B), (F), (H), redesignated subsec. (i) as (h) and substituted “Under Secretary for Arms Control and International Security” for “Deputy Director”, “Department of State” for “Agency”, and “Secretary of State” for “Director”. Former subsec. (h) redesignated (g).

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

16. 1998

    Pub. L. 105–277 § 1223(13)(B) · 112 Stat. 2681

    1. Redesignated · 22 U.S.C. § 2581(i)

       Pub. L. 105–277, § 1223(13)(B), (F), redesignated subsec. (j) as (i)

    2. Redesignated · 22 U.S.C. § 2581(i)

       Pub. L. 105–277, § 1223(13)(B), (F), substituted “Secretary of State” for “Director”. Former subsec. (i) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–277, § 1223(13)(B), (F), redesignated subsec. (j) as (i) and substituted “Secretary of State” for “Director”. Former subsec. (i) redesignated (h).

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

17. 1998

    Pub. L. 105–277 § 1223(13)(F) · 112 Stat. 2681

    Redesignated · 22 U.S.C. § 2581(j)

    Pub. L. 105–277, § 1223(13)(F), redesignated subsec. (j) as (i)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–277, § 1223(13)(F), redesignated subsec. (j) as (i).

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

11 of 33 references resolved to an enrolled provision · 22 partial