Staffing assistance programs

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1. Who may be hired

The Foreign Assistance Act of 1961 gives broad hiring power to those who run its programs. Any agency or officer carrying out functions under the Act may employ the personnel the President considers necessary to carry out its provisions and purposes (22 U.S.C. 2385(a)). The Act then adds special rules on senior officers, exempt positions, staff abroad, and experts and consultants.

2. Senate-confirmed officers

The President may appoint twelve officers, with the Senate’s advice and consent, in the agency that administers subchapter I of the Act (22 U.S.C. 2384(a)). In choosing one of them, due consideration must be given to people qualified as professional engineers. Within that limit, the President may set their pay and titles, and the order of succession if any are absent, die, resign or become disabled (22 U.S.C. 2384(b)).

Separately, the President must appoint, with the Senate’s advice and consent, one officer to coordinate security assistance programs (22 U.S.C. 2384(e)). That post is in addition to the officers otherwise provided for. How authority over security assistance is split across agencies is covered in who holds which authority.

3. Positions outside the civil service rules

Some posts in the United States may be filled without regard to the usual personnel laws (22 U.S.C. 2385(b)). Of the staff in the United States carrying out subchapter I, or coordinating subchapter I and subchapter II, up to 110 may be appointed, paid or removed without regard to any law. Up to 51 of them may be paid above grade 15 of the General Schedule, but not above the top rate of grade 18. Under presidential regulations, federal employees appointed to these posts may be entitled to reinstatement to their earlier position, or one of comparable grade and pay, when removed.

Military assistance staff have their own allowance (22 U.S.C. 2385(c)). Of the staff in the United States carrying out subchapter II, or any law replacing it, up to eight may be paid above grade 15, but not above the top rate of grade 18. All these positions are in addition to presidential appointments and to the number authorized by section 5108 of title 5.

4. Staff serving abroad

For functions outside the United States, the President may employ or assign individuals (22 U.S.C. 2385(d)). The President may also let agencies that cannot use the Foreign Service personnel system employ or assign their own officers and employees for such work. They may be paid at Foreign Service Act rates, at rates under chapter 53 of title 5 or at any other rate the law allows, with Foreign Service allowances and benefits.

They are generally entitled to the same benefits section 310 of the Foreign Service Act of 1980 gives individuals appointed to the Foreign Service (22 U.S.C. 2385(d)). The President may decide otherwise where the employment or assignment lasts more than 30 months. Funds in agreements with foreign countries for services on specific projects are treated as obligated for the services of staff of other federal agencies and of people outside government (22 U.S.C. 2385(f)). How the embassy security cooperation office is staffed is covered in the security cooperation organization.

5. Experts and consultants

Experts and consultants, or organizations of them, may be employed for functions under the Act under the general federal authority for such hiring in section 3109 of title 5 (22 U.S.C. 2386(a)). Individual experts may be paid up to the daily equivalent of the top General Schedule rate. While away from home or their regular place of business, they may receive actual travel expenses and per diem at government travel rates.

Some of these arrangements may be renewed every year (22 U.S.C. 2386(a)). They are contracts with organizations of experts, up to ten experts and consultants, up to ten retired military personnel with specialized research and development experience, and up to five retired military personnel with broad politico-military experience. Service as an expert or consultant under this authority does not count as employment that would bring the person within section 3323(a) of title 5 (22 U.S.C. 2386(b)).

People of outstanding experience and ability may also serve any federal agency without pay for functions under the Act (22 U.S.C. 2386(c)). They serve under section 4560(b) of title 50 and its regulations.

6. Rules for staff abroad

Notwithstanding any other law, officers and employees performing functions under the Act may not accept compensation or other benefits from any foreign country (22 U.S.C. 2385(h)). The President may instead arrange for those countries to reimburse the government or share the cost of the work. As far as practicable, staff abroad are assigned to countries and positions where they have special competence, such as the right language and practical experience (22 U.S.C. 2385(i)).

For economic development programs, assignments abroad may not take account of an officer’s race, religion, national origin or sex, and must rest only on ability and relevant experience (22 U.S.C. 2426(a)). The Agency for International Development may also appoint excepted service staff to prevent or respond to foreign crises (22 U.S.C. 2385(k)(1)). It uses Transition Initiatives funds made available to carry out subchapter I, part IV of subchapter II and section 9808(b) (22 U.S.C. 2385(k)(1)). It must report on the continued need for that authority each year for three years after the first report (22 U.S.C. 2385(k)(4)).

7. A unified personnel system

A 1978 law required a unified personnel system for all employees of the agency administering part I of the Act. The President had to submit regulations to Congress and publish them in the Federal Register (22 U.S.C. 2385a(a)). The deadline was 1 May 1979, and the President had to keep the relevant committees informed and consult them regularly. The regulations could not take effect until 90 days after submission, and not at all if either House disapproved them by resolution in that time (22 U.S.C. 2385a(b)). Regulations that take effect have the force of law and override inconsistent laws, unless a law specifically says it supersedes them (22 U.S.C. 2385a(c)).

Key terms

Statutory officer	An officer appointed by the President with the Senate’s advice and consent.
Security assistance coordinator	The Senate-confirmed officer appointed to coordinate security assistance programs.
Excepted position	A post that may be filled without regard to the provisions of any law on appointment and pay.
Supergrade	Pay above grade 15 of the General Schedule, capped at the top of grade 18.
Without compensation	Unpaid service by people of outstanding experience and ability.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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