be employed for the performance of functions under this Act, 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, United States Code, 1045 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) 1046 Service of an individual as an expert or consultant under subsection (a) of this section shall not 1047 be considered as employment or holding of office or position bringing such individual within the provisions of section 3323(a) 1048 of title 5 of the United States Code.

(c) 1049 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 Act in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160(b)), and regulations issued thereunder.

Sec. 627.1050 Detail of Personnel to Foreign Governments.-Whenever the President determines it to be in furtherance of the purposes of this Act, the head of any agency of the United States Government is authorized to detail or assign any officer or employee of his agency to any office or position with any foreign government or foreign government agency, where acceptance of such office or position does not involve the taking of an oath of allegiance to another government or the acceptance of compensation or other benefits from any foreign country by such officer or employee.

Sec. 628.1051 Detail of Personnel to International Organizations.- Whenever the President determines it to be consistent with and in furtherance of the purposes of this Act, the head of any

1045 Sec. 603 of the International Security Assistance and Arms Export Control Act of 1976 Public Law 94-329; 90 Stat. 766) struck out "$100 per diem" and inserted in lieu thereof "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, United States Code,".

1046 Sec. 302(c)(1) of the FA Act of 1963 (Public Law 88-205) struck out the first sentence of this section, relating to employment compensation, since the subject matter was superseded by Public Law 87-849, approved Oct. 23, 1962.

2047 Sec. 302(c)(2) of the FA Act of 1963 (Public Law 88–205) struck out "Nor shall such service" and inserted in lieu thereof "Service of an individual as an expert or consultant under subsection (a) of this section shall not".

1948 Sec. 126 of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) struck out reference to secs. 3323(a) and 8344 of 5 USC, and sec. 872 of the Foreign Service Act of 1946, and inserted in lieu thereof "section 3323(a)".

1949 Sec. 302(d) of the FA Act of 1965 (Public Law 89-171) redesignated subsec. (d) as subsec. te Former subsec. (c), relating to employment of retired officers, was repealed by the Dual Compensation Act (Public Law 88-448).

150 22 U.S.C. 2387.

1051 22 U.S.C. 2388.

agency of the United States Government is authorized to detail, assign, or otherwise make available to any international organization any officer or employee of his agency to serve with, or as a member of, the international staff of such organization, or to render any technical, scientific, or professional advice or service to, or in cooperation with, such organization.

Sec. 629.1052 Status of Personnel Detailed.-(a) Any officer or employee, while assigned or detailed under section 627 or 628 of this Act, shall be considered, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and he shall continue to receive compensation, allowances, and benefits from funds appropriated to that agency or made available to that agency under this Act.

(b) Any officer or employee assigned, detailed, or appointed under section 627, 628, 631, or 624(d) 1053 of this Act is authorized to receive under such regulations as the President may prescribe, representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980.1054 The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5 of the United States Code, 1055

Sec. 630.1056 Terms of Detail or Assignment.-Details or assignments may be made under section 627 or 628 of this Act or section 408 of the Mutual Security Act of 1954, as amended-1057

(1) without reimbursement to the United States Government by the foreign government or international organization;

(2) upon agreement by the foreign government or international organization, to reimburse the United States Government for compensation, travel expenses, benefits, 1058 and allowances, or any part thereof, payable to the officer or employee concerned during the period of assignment or detail; and such reimbursements (including foreign currencies) shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, benefits,1058 or allowances, or to the appropriation, fund, or account currently available for such purposes;

(3) upon an advance of funds, property, or services by the foreign government or international organization to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this Act; and funds so advanced may be established as a separate fund in the Treasury of the United States Government, to be avail

1052 22 U.S.C. 2389.

1053 Sec. 302(d) of the FA Act of 1962 (Public Law 87-565) struck out "624(e)" and inserted in lieu thereof “624(d)".

1054 Sec. 2203(b) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158) struck out "section 901 of the Foreign Service Act of 1946" and inserted in lieu thereof "section yo of the Foreign Service Act of 1980".

1055 Sec. 302(f) of the FA Act of 1967 (Public Law 90-137) struck out "1765 of the Revised Statutes (5 U.S.C. 70)" and inserted in lieu thereof “5536 of title 5 of the United States Code

1056 22 U.S.C. 2390.

1057 For text, see Legislation on Foreign Relations Through 2004, vol. I-B.

1058 Sec. 302(e) of the FA Act of 1965 (Public Law 89-171) inserted "benefits".

able for the specified uses, and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this Act, any unexpended balance of such account to be returned to the foreign government or international organization; or

(4) subject to the receipt by the United States Government of a credit to be applied against the payment by the United States Government of its share of the expenses of the international organization to which the officer or employee is detailed or assigned, such credit to be based upon the compensations, travel expenses, benefits 1058 and allowances, or any part thereof, payable to such officer or employee during the period of detail or assignment in accordance with section 629. Sec. 631.1059 Missions and Staffs Abroad.-(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 Act. 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 part I 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, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the President shall determine to be appropriate. 1060

(c) 1061 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, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), 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, United States Code. 1062 Such person may also, in the President's discretion, receive any other benefits and perquisites available under this Act to chiefs of special missions or staffs outside the United States established under this section.

1059 22 U.S.C. 2391.

1050 Sec. 2203(c) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158) amended and restated this sentence. The former text made reference to the Foreign Service Act of 1946, which was repealed by the 1980 Act.

1061 Sec. 302(d) of the FA Act of 1963 (Public Law 88-205) added subsec. (c).

1062 Sec. 2203(d) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158) amended and restated this sentence. The former text made reference to the Foreign Service Act of 1946, which was repealed by the 1980 Act.

(d) 1063 Wherever practicable, especially in the case of the smaller programs, assistance under part I of this Act 1064 shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal economic officer of the mission.1065 Sec. 632.1066 Allocation and Reimbursement Among Agencies. (a) The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this Act, including any advance to the United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training, 1067 or services (including defense services). Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.

(b) Any officer of the United States Government carrying out functions under this Act may utilize the services (including defense services) and facilities of, or procure commodities, defense articles, or military education and training 1068 from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursu

1063 Sec. 302(f) of the FA Act of 1965 (Public Law 89-171) added subsec. (d).

1064 Sec. 7(b)(1) of the International Security Assistance Act of 1977 (Public Law 95–92; 91 Stat. 617) inserted "part I of".

1065 Sec. 7(b)(2) of the International Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 617) struck out "in the case of assistance under part I, and by the senior military officer of the mission in the case of assistance under part II" at this point.

1066 22 U.S.C. 2392. In a memorandum issued December 5, 2003, the President directed that "the funds appropriated to the President under the heading Operating Expenses of the Coalition Provisional Authority in the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan (Public Law 108-106), or in any subsequent appropriation under this heading, are transferred to the Secretary of Defense, for an account designated Operating Expenses of the Coalition Provisional Authority, International Reconstruction and Other Assistance, Army." (69 F.R. 1645).

Sec. 509 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), provided the following:

"TRANSFERS

"SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.-None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.

"(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.

"(b) TRANSFERS BETWEEN ACCOUNTS.-None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate.

"(c) AUDIT OF INTER-AGENCY TRANSFERS.-Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits.".

1067 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) inserted “, military education and training".

1068 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) struck out "and defense articles" and inserted in lieu thereof ", defense articles, or military education and training".

ant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.

(c) In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out part I, reimbursement or repayment shall be made to such agency from funds available to carry out such part. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or, in the case of services procured from the Department of Defense to carry out chapter 8 of part I, the amount of the additional costs incurred by the Department of Defense in providing such services,1069 or at any other price authorized by law and agreed to by the owning or disposing agency. The amount of any such reimbursement or payment shall be credited to current applicable appropriations, funds, or accounts, from which there may be procured replacements of similar commodities, services, or facilities, except that where such appropriations, funds, or accounts are not reimbursable except by reason of this subsection, and when the owning or disposing agency determines that such replacement is not necessary, any funds received in payment therefor shall be deposited into the Treasury as miscellaneous receipts.

(d) Except as otherwise provided in section 506,1070 reimbursement shall be made to any United States Government agency, from funds available for use under part II, for any assistance furnished under part II from, by, or through such agency. Such reimbursement shall be in an amount equal to the value (as defined in section 644(m)) of the defense articles or of the defense services (other than salaries of members of the Armed Forces of the United States), or other assistance furnished, plus expenses arising from or incident to operations under part II (other than salaries of the Armed Forces of the United States and unfunded estimated costs of civilian retirement and other benefits). 1071 The amount of such reimbursement shall be credited to the current applicable appropriations, funds, or accounts of such agency.

(e) In furnishing assistance under this Act, accounts may be established on the books of any agency of the United States Government or, on terms and conditions approved by the Secretary of the Treasury, in banking institutions in the United States, (1) against which letters of commitment may be issued which shall constitute recordable obligations of the United States Government, and moneys due or to become due under such letters of commitment shall be assignable under the Assignment of Claims Act of 1940, as amended (second and third paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from which disbursements may be made to, or withdrawals may be made by, recipient countries or agencies, organizations, or persons upon presentation of contracts, invoices, or other appropriate documentation. Expenditure of funds which have been made available through accounts so established shall be accounted for on standard documentation required for expenditure of

1069 Sec. 4506 of Public Law 100-690 (102 Stat. 4286) inserted "or, in the case of services procured from the Department of Defense to carry out chapter 8 of part I, the amount of the additional costs incurred by the Department of Defense in providing such services,”.

1070 Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law 90-629) struck out "sections 506, 522, and 523" and inserted in lieu thereof "section 506".

1071 Sec. 9104(b)(2) of the Department of Defense Appropriations Act, 1990 (Public Law 101165; 103 Stat. 1152), inserted parenthetical language at end of sentence.