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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, United States Code, 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
(1) any employee who is appointed under this exception 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 exception shall not exceed 10 percent of the Agency's full-time-equivalent
ceiling. (c) 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 Agency for the performance of service pursuant to this Act without prejudice to the status or advancement of such officers or employees within their own agencies;
(d) procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 3109 of title 5 of the United States Code, 52 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: 53 Provided, That no such individual shall be employed for more than 130 days 54 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: 55 And provided further, That such contracts may be renewed annually;
(e) employ individuals of outstanding ability without compensation in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160), and regulations issued thereunder;
(f) 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 section 41(d) of this Act; 56
covered by 5 U.S.C. 5374. That position has been designated as a general position in the Senior Executive Service (45 F.R. 3849). Rates of basic pay for the Senior Executive Service as set pur. suant to 5 U.S.C. 5382 are set forth in Schedule 4 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909), as adjusted pursuant to 5 U.S.C. 5304.
61 Sec. 715 of Public Law 103-236 (108 Stat. 498) amended and resta led subsec. (b) from this point to the end of the subsec.
62 Par. (aX1) of Public Law 93-332 struck out the words "al rates not exceeding $100 per diem for individuals" previously found here and also substituud the reference to "section 3109 of title 5 of the United States Code" for an obsolete reference to "section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)".
63 Par. (a X2) of Public Law 93-332 substituted the reference to "section 5703 of such title" for an obsolete reference to "section 5 of said Act, as amended (5 U.S.C. 73b-2)".
By Par. (aX3) of Public Law 93-332 struck out "one hundred days" and substituted "130 days".
BG In a memorandum for the Director of the United States Arms Control and Disarmament Agency, the President delegated to such Director the authority set forth in this subsection to certify that the employment of persons in excess of the number of days set forth in this subsection is necessary in the national interest (Memorandum of August 18, 1990; 55 F.R. 37693). 68 For general legislation on advisory boards, see the Federal Advisory Committee Act (5 U.S.C. app. I).
(g) 57 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;
(h) 57 administer oaths and take sworn statements in the course of an investigation made pursuant to the Director's responsibilities under this Act;
(i) 57 delegate, as appropriate, to the Deputy Director or other officers of the Agency, any authority conferred upon the Director by the provisions of this Act; and
(1) 57 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 Director by the provisions of this Act.
FOREIGN SERVICE PERSONNEL SEC. 42. (a) 58 The Secretary of State may authorize the Director to exercise, with respect to members of the Foreign Service appointed or employed for the Agency,
(1) the authority available to the Secretary under the For. eign Service Act of 1980, and
(2) the authority available to the Secretary under any other provisions of law pertaining specifically or applicable generally
to members of the Foreign Service. (b) Limited appointments of members of the Foreign Service for the Agency may be extended or renewed, notwithstanding section 309 of the Foreign Service Act of 1980, so long as the service of the individual under such appointment does not exceed ten consecutive years without a break in service of at least one year.
CONTRACTS OR EXPENDITURES
SEC. 43.59 The President may, in advance, exempt actions of the Director from the provisions of law relating to contracts or expenditures of Government funds whenever he determines that such action is essential in the interest of United States arms control and disarmament and security policy.
67 Sec. 5(b) of Public Law 95-108 added this new subsec. "(g)" and redesignated the previous subsecs. "(g)” and “hy" as "(h)" and "(i)", respectively. Subsequently, sec. 401(b) of Public Law 102-228 added a new subsec. "h)" and redesignated "(h)" and "(i)" as "(i)" and "G)", respectively.
68 22 U.S.C. 2582. Sec. 42 was amended and restated by sec. 2204(a) of Public Law 96-465. It formerly read as follows:
"FOREIGN SERVICE RESERVE AND STAFF OFFICERS "Sec. 42. The Secretary of State may authorize the Director to exercise, with respect to Foreign Service Reserve officers and Foreign Service Staff officers and employees appointed or employed for the Agency, the following authority: (1) The authority available to the Secretary of State under the Foreign Service Act of 1946, as amended, (2) the authority available to the Ser retary under any other provision of law pertaining specifically, or generally applicable, to such officers or employees, and (3) the authority of the Board of Foreign Service pursuant to the For eign Service Act of 1946, as amended.".
68 22 U.S.C. 2583.
CONFLICT-OF-INTEREST AND DUAL COMPENSATION LAWS SEC. 44.60 The members of the General Advisory Committee created by section 26 of this Act, and the members of the advisory boards, the consultants, and the individuals of outstanding ability employed without compensation, all of which are provided in section 41 of this Act, may serve as such without regard to the provisions of section 281, 283, 284, or 1914 of title 18 of the United States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99),61 or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States Government, except insofar as such provisions of law may prohibit any such individual from receiving compensation from a source other than a nonprofit educational institution in respect of any particular matter in which the Agency is directly interested.62 Nor shall such service be considered as employment or holding of office or position bringing such individual within the provisions of section 13 of the Civil Service Retirement Act (5 U.S.C. 2263),63 or any other Federal law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 201 of the Dual Compensation Act.64
SECURITY REQUIREMENTS SEC. 45.65 (a) The Director shall establish such security and loyalty requirements, restrictions, and safeguards as he deems necessary in the interest of the national security and to carry out the provisions of this Act. Except as provided in subsection (d),66 the Director shall arrange with the Civil Service Commission for the conduct of full-field background security and loyalty investigations of all the Agency's officers, employees, consultants, persons detailed from other Government agencies, members of its General Advisory Committee, advisory boards, contractors and subcontractors, and their officers and employees, actual or prospective. In the case of
*O 22 U.S.C. 2584.
61 Sec. 2 of Public Law 87-849 repealed secs. 281 and 283 of title 18 of the United States Code, except as they apply to retired oflicers of the armed forces of the United States, and also repealed secs. 284 and 1914 of that title. It also provided that these repealed sections were respectively supplanted by secs. 203, 205, 207, and 209 of that title set forth in sec. I of Public Law 87-849. Sec. 3 of Public Law 87-849 repealed sec. 190 of the Revised Statutes (5 U.S.C. 99).
See sec. 2 of Public Law 87-849 which provided that all statutory exemptions from the provisions of secs. 281, 282, 283, 284, 434, or 1941 (now secs. 203, 204, 205, 207, 208, and 209, respectively) of title 18 of the United States Code which were in force on Jan. 21, 1963, are no longer applicable to officers or employees of the executive branch of the United States Gov. ernment.
63 Now 5 U.S.C. 3323(b) and 8344. Sec. 401(dX1) of Public Law 88_448, the Dual Compensation Act, deleted a reference previously found here to "section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a)".
O Now codified as 5 U.S.C. 5532. Sec. 401(0X2) of Public Law 88–448, the Dual Compensation Act, added the last nine words to this section.
86 22 U.S.C. 2585. 86 Sec. 147(aX1) of Public Law 94-141 added the first six words to this sentence.
persons detailed from other Government agencies or employed directly from other Government agencies, 67 the Director may accept the results of full-field background security and loyalty investigations conducted by such agencies 68 as the basis for the determination required by this subsection that the person is not a security risk or of doubtful loyalty.69 In the event the investigation discloses information indicating that the person investigated may be or may become a security risk, or may be of doubtful loyalty, the report of the investigation shall be turned over to the Federal Bureau of Investigation for a full-field investigation. The final results of all such investigations shall be turned over to the Director for final determination. Except as provided in subsection (d),70 no person shall be permitted to enter on duty as such an officer, employee, consultant, or member of advisory committee or board, or pursuant to any such detail, and no contractor or subcontractor, or officer or employee thereof shall be permitted to have access to any classified information, until he shall have been investigated in accordance with this subsection and the report of such investigations made to the Director, and the Director shall have determined that such person is not a security risk or of doubtful loyalty. Standards applicable with respect to the security clearance of persons within any category referred to in this subsection shall not be less stringent, and the investigation of such persons for such purposes shall not be less intensive or complete, than in the case of such clearance of persons in a corresponding category under the security procedures of the Government agency or agencies having the highest security restrictions with respect to persons in such category.
(b) 71 In the case of contractors or subcontractors and their officers or employees, actual or prospective, the Director may accept, in lieu of the investigation prescribed in subsection (a) hereof, a report of investigation conducted by a Government agency, other than the Civil Service Commission or the Federal Bureau of Investigation, when it is determined by the Director that the completed investigation meets the standards established in subsection (a) hereof: Provided, That security clearance had been granted to the individual concerned by another Government agency based upon such investigation and report. The Director may also grant access for information classified no higher than “confidential” to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of reports on less than full-field investigations: Provided, That such investigations shall each include a current national agency check. Notwithstanding the foregoing and the provisions of subsection (a), the Director may also grant access to classified information to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of a security clearance granted by the Department of Defense, or any agency thereof, to the individual concerned; except that any access to Restricted Data shall be subject to the provisions of subsection (c).72
67 Sec. 716(1) of Public Law 103-236 (108 Stat. 498) inserted "or employed directly from other Government agencies" aller "persons detailed from other Government agencies".
Bus Sec. 716(2) of Public Law 103-236 (108 Stat. 498) struck out "by the Department of Defense or the Department of State” and inserted in lieu thereof "by such agencies".
Sec. 3 of Public Law 97-339 added this sentence, which subsequently was amended in the manner stated in footnotes 67 and 68 by sec. 716 of Public Law 103-236 (108 Stat. 498).
70 Sec. 147(a X2) of Public Law 94-141 added the first six words to this sentence.
71 Sec. 2 of Public Law 88–186 added this subsec. "(b)" except for the last sentence, and redesignated the previous subsec. "(b)" as subsec. "(c)".
(c)71 The Atomic Energy Commission 37 may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission, or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under section 2165 of title 42, to permit the Director or any officer, employee, consultant, person detailed from other Government agencies, member of the General Advisory Committee or of an advisory board established pursuant to section 41(f), contractor, subcontractor, prospective contractor, or prospective subcontractor, or officer or employee of such contractor, subcontractor, prospective contractor, or prospective subcontractor, to have access to Restricted Data which is required in the performance of his duties and so certified by the Director, but only if (1) the Atomic Energy Commission has determined, in accordance with the established personnel security procedures and standards of the Commission, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Atomic Energy Commission finds that the established personnel and other security procedures and standards of the Agency are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 2165 of title 42, including those for interim clearance in subsection (b) thereof. Any individual granted access to such Restricted Data pursuant to this subsection may exchange such data with any individual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the Armed Forces, or an officer or employee of the National Aeronautics and Space Administration, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions of sections 2163 or 2455 of title 42.
(d) 73 The investigations and determination required under subsection (a) may be waived by the Director in the case of any consultant who will not be permitted to have access to classified information if the Director determines and certifies in writing that such waiver is in the best interests of the United States.
COMPTROLLER GENERAL AUDIT SEC. 46.74 No moneys appropriated for the purposes of this Act shall be available for payment under any contract with the Director, negotiated without advertising, except contracts with any foreign government, international organization or any agency thereof, unless such contract includes a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly per
72 Sec. 147(b) of Public Law 94141 added the last sentence in this subsection. 73 Sec. 147(aX3) of Public Law 94-141 added this subsection. 74 22 U.S.C. 2586.