§ 2385. Employment of personnel

3,050 words·~14 min read·/usc/title-22/section-2385

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(a)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.

(b)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.

(c)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.

(d)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.

(e)Repealed. Pub. L. 96–465, title II, § 2205(8), Oct. 17, 1980, 94 Stat. 2160

(f)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.

(g)Repealed. Pub. L. 96–465, title II, § 2205(8), Oct. 17, 1980, 94 Stat. 2160

(h)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.

(i)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.

(j)Reemployment of annuitants under the Civil Service Retirement System and the Federal Employees’ Retirement System

(A)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.

(B)The authority of the Administrator under subparagraph

(A)shall terminate on October 1, 2010.1 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.

(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.

(k)Crisis operations and disaster surge staffing

(1)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.

(2)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.

(3)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).

(4)Not later than one year after December 23, 2024, 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.

(Pub. L. 87–195, pt. III, § 625, Sept. 4, 1961, 75 Stat. 449; Pub. L. 87–565, pt. III, § 302(c), Aug. 1, 1962, 76 Stat. 262; Pub. L. 87–793, pt. II, § 1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88–663, pt. III, § 302(a), Oct. 7, 1964, 78 Stat. 1014; Pub. L. 89–171, pt. III, § 302(c), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90–137, pt. III, § 302(b)–(d), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90–554, title III, § 302(c), Oct. 8, 1968, 82 Stat. 965; Pub. L. 93–189, § 16, Dec. 17, 1973, 87 Stat. 722;

Pub. L. 95–88, title I, § 125, Aug. 3, 1977, 91 Stat. 542; Pub. L. 96–465, title II, §§ 2203(a), 2205(8), Oct. 17, 1980, 94 Stat. 2158, 2160; Pub. L. 97–113, title VII, § 703, Dec. 29, 1981, 95 Stat. 1544; Pub. L. 109–234, title I, § 1602(b)(2), June 15, 2006, 120 Stat. 442; Pub. L. 111–32, title XI, § 1115(c)(3), June 24, 2009, 123 Stat. 1905; Pub. L. 118–159, div. G, title LXXVI, § 7602, Dec. 23, 2024, 138 Stat. 2552.)