§ 2581. — General authority of Secretary of State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2581]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 35--ARMS CONTROL AND DISARMAMENT
SUBCHAPTER IV--ADDITIONAL GENERAL PROVISIONS
Sec. 2581. General authority of Secretary of State
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, not
withstanding 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
the Federal Property and Administrative Services Act of 1949, as
amended;\1\
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\1\ See References in Text note below.
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(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.\2\
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\2\ So in original. The period probably should be a semicolon.
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(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 2160(b) of the Appendix to
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, Sec. 401, formerly Sec. 41, Sept. 26, 1961,
75 Stat. 635; Pub. L. 93-332, Sec. 1(a), July 8, 1974, 88 Stat. 289;
Pub. L. 95-108, Sec. 5, Aug. 17, 1977, 91 Stat. 872; Pub. L. 102-228,
title IV, Sec. 401(b), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103-236,
title VII, Sec. 715, Apr. 30, 1994, 108 Stat. 498; renumbered Sec. 401
and amended Pub. L. 105-277, div. G, subdiv. A, title XII,
Sec. 1223(13), (21), Oct. 21, 1998, 112 Stat. 2681-770, 2681-772.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
The provisions of title 5 governing appointment to the competitive
service, referred to in subsec. (b), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
The General Schedule, referred to in subsec. (b), is set out under
section 5332 of Title 5.
Amendments
1998--Pub. L. 105-277, Sec. 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.
Subsec. (a). Pub. L. 105-277, Sec. 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.''
Subsec. (b). Pub. L. 105-277, Sec. 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''.
Subsec. (b)(1). Pub. L. 105-277, Sec. 1223(13)(D)(ii), substituted
``subsection'' for ``exception'' in introductory provisions.
Subsec. (b)(2). Pub. L. 105-277, Sec. 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''.
Subsec. (c). Pub. L. 105-277, Sec. 1223(13)(B), substituted
``Department of State'' for ``Agency''.
Subsec. (f). Pub. L. 105-277, Sec. 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;''.
Subsec. (g). Pub. L. 105-277, Sec. 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;''.
Subsec. (h). Pub. L. 105-277, Sec. 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).
Subsec. (i). Pub. L. 105-277, Sec. 1223(13)(B), (F), redesignated
subsec. (j) as (i) and substituted ``Secretary of State'' for
``Director''. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 105-277, Sec. 1223(13)(F), redesignated subsec.
(j) as (i).
1994--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;''.
1991--Subsecs. (h) to (j). Pub. L. 102-228 added subsec. (h) and
redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
1977--Subsec. (b). Pub. L. 95-108, Sec. 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).
Subsecs. (g) to (i). Pub. L. 95-108, Sec. 5(b), added subsec. (g)
and redesignated former subsecs. (g) and (h) as (h) and (i),
respectively.
1974--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''.
Effective Date of 1998 Amendment
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.
Delegation of Authority To Make Certifications Under Section 41(d) of
the Arms Control and Disarmament Act
Memorandum of the President of the United States, Aug. 18, 1990, 55
F.R. 37693, provided:
Memorandum for the Director of the United States Arms Control and
Disarmament Agency
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including section 301 of
title 3 of the United States Code, you are hereby delegated the
authority set forth in section 41(d) of the Arms Control and Disarmament
Act (22 U.S.C. 2581(d)) to certify that the employment of persons
referred to in that section in excess of the number of days set forth in
that section is necessary in the national interest.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
[For abolition, transfer of functions, and treatment of references
to United States Arms Control and Disarmament Agency, see section 6511
et seq. of this title.]
Section Referred to in Other Sections
This section is referred to in sections 2566, 2585 of this title.
