### §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, notwithstanding 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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;

#### (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.1

#### (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 4560(b) of 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, §401, formerly §41, Sept. 26, 1961, 75 Stat. 635; Pub. L. 93–332, §1(a), July 8, 1974, 88 Stat. 289; Pub. L. 95–108, §5, Aug. 17, 1977, 91 Stat. 872; Pub. L. 102–228, title IV, §401(b), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103–236, title VII, §715, Apr. 30, 1994, 108 Stat. 498; renumbered §401 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(13), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.)

#### **Editorial Notes**

#### References in Text

The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5.

#### Codification

In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

#### Amendments

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".

#### **Statutory Notes and Related Subsidiaries**

#### 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.

#### **Executive Documents**

#### 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.]

1 So in original. The period probably should be a semicolon.