§2386 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Federal agencies can hire experts, consultants, or organizations of them to do work under this law. They can pay them up to the daily equivalent of the highest General Schedule pay rate. While away from home or work, these people can get travel pay and per diem at the government travel rates. Contracts can hire up to ten outside experts or consultants, up to ten retired military people with specialized research and development experience, and up to five retired military people with broad politico-military experience. Those contracts can be renewed each year. Working as an expert or consultant under these rules is not treated as federal employment under the specific federal employment rule mentioned in the law. People with outstanding experience may also serve without pay for any U.S. agency, following the other federal rules and regulations that apply.

Title 22, §2386

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

Notes & Related Subsidiaries

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, Sept. 4, 1961, 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.

Amendments

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 section 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), Aug. 19, 1964, 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 section 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 AmendmentAmendment 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. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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.

§2386 Experts, consultants, and retired officers