§ 2581. General authority of Secretary of State

2,106 words·~10 min read·/usc/title-22/section-2581

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In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this chapter is authorized to—

(a)Utilization of other Federal agencies; transfers of supplies, equipment, and surplus property 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 Department of State as may appear desirable. Any Government agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Secretary of State, 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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;

(b)Employment of personnel 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 Secretary of State ensures that—

(1)any employee who is appointed under this subsection 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 subsection shall not exceed 10 percent of the Department of State’s full-time-equivalent positions allocated to carry out the purpose of this chapter.1

(c)Detail of other agency personnel without prejudice to status or advancement 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 Department of State for the performance of service pursuant to this chapter without prejudice to the status or advancement of such officers or employees within their own agencies;

(d)Experts and consultants; stenographic reporting services; compensation and travel expenses; limitation on period of employment; renewal of employment contracts procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 3109 of title 5 and 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 5703 of such title: Provided, That no such individual shall be employed for more than 130 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)Employment of outstanding personnel employ individuals of outstanding ability without compensation in accordance with the provisions of section 4560(b) of title 50 and regulations issued thereunder;

(f)Establishment of scientific and policy advisory board; compensation and expenses establish a scientific and policy advisory board to advise with and make recommendations to the Secretary of State on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall be composed of individuals who have a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection

(d)of this section;

(g)Oaths and sworn statements administer oaths and take sworn statements in the course of an investigation made pursuant to the Secretary of State’s responsibilities under this chapter;

(h)Delegation of functions delegate, as appropriate, to the Under Secretary for Arms Control and International Security or other officers of the Department of State, any authority conferred upon the Secretary of State by the provisions of this chapter; and

(i)Rules and regulations 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 Secretary of State by the provisions of this chapter.

(Pub. L. 87–297, title IV, § 401, formerly § 41, Sept. 26, 1961, 75 Stat. 635; Pub. L. 93–332, § 1(a), July 8, 1974, 88 Stat. 289; Pub. L. 95–108, § 5, Aug. 17, 1977, 91 Stat. 872; Pub. L. 102–228, title IV, § 401(b), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103–236, title VII, § 715, Apr. 30, 1994, 108 Stat. 498; renumbered § 401 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(13), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.)