§2581 General authority of Secretary of State

1998—Pub. L. 105–277, § 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, § 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, § 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, § 1223(13)(D)(ii), substituted “subsection” for “exception” in introductory provisions. Subsec. (b)(2). Pub. L. 105–277, § 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, § 1223(13)(B), substituted “Department of State” for “Agency”. Subsec. (f). Pub. L. 105–277, § 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, § 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, § 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, § 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, § 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, § 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, § 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”.