Title 22 — Foreign Relations and IntercourseRelease 119-73
§2391 Missions and staffs abroad
Title 22 › Chapter CHAPTER 32— - FOREIGN ASSISTANCE › Subchapter SUBCHAPTER III— - GENERAL AND ADMINISTRATIVE PROVISIONS › Part Part II— - Administrative Provisions › § 2391
Summary
The President can set up special missions or staffs overseas when needed, and each must have a chief. For missions that carry out subchapter I, the President appoints the chief and deputy and can remove them at will. They get pay and allowances under the Foreign Service Act of 1980, up to the amount allowed for a chief of mission (see section 102(a)(3) of that Act), as the President decides. The President can also appoint or assign a U.S. citizen to serve as Chairman of the Development Assistance Committee (or its successor) of the OECD when elected by that committee, and can end that appointment. That person may receive pay and allowances under the Foreign Service Act of 1980, not to exceed chief-of-mission levels in section 102(a)(3). If the Chairman is not already a U.S. government employee who was assigned, they are treated as a government employee for purposes of chapters 81, 83, 87, and 89 of title 5. Where practical, smaller assistance programs under subchapter I should be run under the U.S. Chief of Mission by the mission’s principal economic officer.
Full Legal Text
Title 22, §2391
Foreign Relations and Intercourse — Source: USLM XML via OLRC
(a)The President may maintain special missions or staffs outside the United States in such countries and for such periods of time as may be necessary to carry out the purposes of this chapter. Each such special mission or staff shall be under the direction of a chief.
(b)The chief and his deputy of each special mission or staff carrying out the purposes of subchapter I of this chapter shall be appointed by the President, and may, notwithstanding any other law, be removed by the President at his discretion. Such chief shall be entitled to receive such compensation and allowances as are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) 11 See References in Text note below. of that Act [22 U.S.C. 3902(a)(3)]), as the President shall determine to be appropriate.
(c)The President may appoint any United States citizen who is not an employee of the United States Government or may assign any United States citizen who is a United States Government employee to serve as Chairman of the Development Assistance Committee or any successor committee thereto of the Organization for Economic Cooperation and Development upon election thereto by members of said Committee, and, in his discretion, may terminate such appointment or assignment, notwithstanding any other provision of law. Such person may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) 1 of that Act [22 U.S.C. 3902(a)(3)]), as the President shall determine to be appropriate. Such person (if not a United States Government employee who is assigned to serve as Chairman) shall be deemed to be an employee of the United States Government for purposes of chapters 81, 83, 87, and 89 of title 5. Such person may also, in the President’s discretion, receive any other benefits and perquisites available under this chapter to chiefs of special missions or staffs outside the United States established under this section.
(d)Wherever practicable, especially in the case of the smaller programs, assistance under subchapter I of this chapter shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal economic officer of the mission.
Legislative History
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. The Foreign Service Act of 1980, referred to in subsecs. (b) and (c), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 3901 of this title and Tables. section 102(a)(3) of that Act, referred to in subsecs. (b) and (c), was redesignated section 102(3) pursuant to Pub. L. 98–164, which struck out designation “(a)” and struck out subsec. (b) of section 102.
Amendments
1980—Subsec. (b). Pub. L. 96–465, § 2203(c), among other changes, substituted references to the Foreign Service Act of 1980 for references to the Foreign Service Act of 1946 and section 2385(d) of this title. Subsec. (c). Pub. L. 96–465, § 2203(d), among other changes, substituted references to the Foreign Service Act of 1980, for references to the Foreign Service Act of 1946, and inserted provisions relating to employee status for purposes of chapters 81, 83, 87 and 89 of title 5. 1977—Subsec. (d). Pub. L. 95–92 substituted reference to subchapter I of this chapter for reference to this chapter and struck out provisions requiring administration of assistance by the senior military officer of the mission for assistance under subchapter II of this chapter. 1965—Subsec. (d). Pub. L. 89–171 added subsec. (d). 1963—Subsec. (c). Pub. L. 88–205 added subsec. (c).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and section 2348c and 2349aa–5 of this title.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an
Effective Date
note under section 3901 of this title. Flag and General Officers Pub. L. 94–11, title I, § 100, Mar. 26, 1975, 89 Stat. 20, provided in part that: “The total number of flag and general officers of the United States Armed Forces assigned or detailed to military assistance advisory groups, military missions, or similar organizations, or performing duties primarily with respect to the Military Assistance Program and the Foreign Military Sales Program shall not exceed twenty after May 1, 1975.”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. Approval of Secretary of StateThe maintenance of special missions or staffs abroad, the fixing of ranks of chiefs thereof after the chiefs of United States diplomatic missions, and authorization of same compensation and allowances as chief of mission, as defined in section 3902(3) of this title, all under this section, shall be subject to approval of Secretary of State, see section 1–603 of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a note under section 2381 of this title.
Reference
Citations & Metadata
Citation
22 U.S.C. § 2391
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73