private enterprise, and can be made available without interfering unduly with domestic programs. 1011

(b) 1010 The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this Act. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertaken conduct which constitutes a cause for debarment; and, after an opportunity has been afforded to such person for a hearing, he may be debarred for an additional period, not to exceed three years. Among the causes for debarment shall be (1) offering or accepting a bribe or other illegal payment or credit in connection with any transaction financed with funds made available under this Act; or (2) committing a fraud in the procurement or performance of any contract financed with funds made available under this Act; or (3) acting in any other manner which shows a lack of integrity or honesty in connection with any transaction financed with funds made available under this Act. Reinstatement of eligibility in each particular case shall be subject to such conditions as the President shall direct. Each person whose eligibility is denied or suspended under this subsection shall, upon request, be entitled to a review of his eligibility not less often than once every two years. Sec. 621A.1012 Strengthened Management Practices.-(a) The Congress believes that United States foreign aid funds could be utilized more effectively by the application of advanced management decisionmaking, information and analysis techniques such as systems analysis, automatic data processing, benefit-cost studies, and information retrieval.

(b) To meet this need, the President shall establish a management system that includes: the definition of objectives and programs for United States foreign assistance; the development of quantitative indicators of progress toward these objectives; the orderly consideration of alternative means for accomplishing such objectives; and the adoption of methods for comparing actual results of programs and projects with those anticipated when they were undertaken. The system should provide information to the agency and to Congress that relates agency resources, expenditures, and budget projections to such objectives and results in order to assist in the evaluation of program performance, the review of budgetary requests, and the setting of program priorities.

1013***

(c) 1013 *** [Repealed-1978]

Sec. 622.1014 Coordination With Foreign Policy.-(a) Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State.

(b) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Gov

1011 Sec. 302(a) of the FA Act of 1963 (Public Law 88-205) inserted the last two sentences in lieu of a sentence that provided for the use of the technical expertise of Federal agencies with primary responsibilities in domestic programs.

1012 22 U.S.C. 2381a. Sec. 302(b) of the FA Act of 1968 (Public Law 90–554) added sec. 621A. 1013 Sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed subsec. (c), which had called for an annual report from the President regarding the implementation of this section.

1014 22 U.S.C. 2382.

ernment in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the Diplomatic Mission shall make sure that recommendations of such representatives pertaining to military assistance (including civic action) and military education and training programs 1015 are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

(c) 1016 Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

Sec. 623.1017 The Secretary of Defense.-(a) In the case of assistance under part II of this Act, the Secretary of Defense shall have primary responsibility for

(1) the determination of military end-item requirements;

(2) the procurement of military equipment in a manner which permits its integration with service programs;

(3) the supervision of end-item use by the recipient countries; (4) the supervision of the training of foreign military and related civilian 1018 personnel;

(5) the movement and delivery of military end-items; and

(6) within the Department of Defense, the performance of any other functions with respect to the furnishing of military assistance, education and training. 1019

(b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense.

Sec. 624.1020 Statutory Officers.-(a) The President may appoint, by and with the advice and consent of the Senate, twelve officers 1021 in the agency primarily responsible for administering part I, ** [Repealed-1964]

*

(1)*** [Repealed-1964]
(2)*** [Repealed-1964]

1015 Sec. 302(a)(1) of the FA Act of 1966 (Public Law 89-583) struck out “(including any civil action and sales program)" and inserted in lieu thereof “(including civic action) or sales programs". Sec. 45(b)(1) of the Foreign Military Sales Act (Public Law 90-629) struck out "or sales" which appeared before the word "programs". Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 inserted “and military education and training".

2016 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 'Public Law 94-329; 90 Stat. 733) amended and restated subsec. (c).

The responsibility of the Secretary of State under this subsection, insofar as it relates to development assistance, was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).

1917 22 U.S.C. 2383.

1018 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) inserted "and related civilian".

1019 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 Public Law 94-329; 90 Stat. 733) inserted “, education and training".

1920 22 U.S.C. 2384.

1921 Sec. 7 of Reorganization Plan No. 2 of 1979 stated:

"One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.Č. 5315(5)) is hereby abolished.".

(3) *** [Repealed-1964] 1022 and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers.

(b) Within the limitations established by subsection (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in 1023 subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers.

(c) Any person who was appointed by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 621, may be appointed by the President to a comparable position authorized by subsection (a) of this section on the date of the establishment of the agency primarily responsible for administering part I, without further action by the Senate.

(d) 1024*** [Repealed-1978]

(e) 1025 In addition to the officers otherwise provided for in this section, the President shall appoint, by and with the advice and consent of the Senate, one officer for the purpose of coordinating security assistance programs.

(f) 1026 * * * [Repealed-1994]

(g) 1027 *** [Repealed-1981]

Sec. 625.1028 Employment of Personnel.—(a) Any agency or officer of the United States Government carrying out functions under this Act is authorized to employ such personnel as the Presi

1022 That part of sec. 624(a) to this point, beginning with the words "of whom-" was repealed by sec. 305(42) of the Government Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed part provided for one Under Secretary, one Deputy Under Secretary, and ten Assistant Secretaries.

1023 Sec. 302(b)(1) of the FA Act of 1965 (Public Law 89-171) struck out “paragraph (3) of" at this point, and also struck out "of the officers provided for in paragraphs (1) and (2) of that subsection" and inserted in lieu thereof "or one or more of said officers" at the end of the sentence.

1024 Sec. 124(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541), effective July 1, 1978, repealed subsec. (d), which concerned the office of Inspector General, Foreign Assistance.

1025 Sec. 302 of the FA Act of 1971 (Public law 92-226) added subsec. (e).

1026 Sec. 162(e)(4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out subsec. (f), which had established the Assistant Secretary of State for Human Rights and Humanitarian Affairs in the Department of State. The newly designated Assistant Secretary of State for Democracy, Human Rights, and Labor and the responsibilities assigned to that title may be found at section 1(c)(2) of the State Department Basic Authorities Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C. 2651a(1)c)(2)).

Subsec. (f), as added originally by sec. 301(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 750), provided for the establishment of a Coordinator for Human Rights and Humanitarian Affairs. This title designation was upgraded to Assistant Secretary of State for Human Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95–105; 91 Stat. 846).

1027 Subsec. (g), added by sec. 504 of Public Law 95-424 (92 Stat. 959) and amended by sec. 706 of Public Law 96-536 (94 Stat. 3158), was repealed by sec. 705(b)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1545). Former subsec. (g) concerned the responsibilities and duties of the Inspector General of AID. Similar language can now be found at sec. 8A of the Inspector General Act of 1978. See Legislation on Foreign Relations Through 2004, vol. IV, sec. N. for text.

1028 22 U.S.C. 2385.

dent deems necessary to carry out the provisions and purposes of this Act.

(b) of the personnel employed in the United States to carry out part I or coordinate part I and part II, not to exceed one hundred and ten 1029 may be appointed, compensated or removed without regard to the provisions of any law, of whom not to exceed fifty-one may be compensated at rates higher than those provided for grade 15 of the general schedule established by section 5332 of title 5 of the United States Code, 1030 but not in excess of the highest rate of grade 18 of such general schedule: 1031 Provided, That, under such regulations as the President shall prescribe, officers and employees of the United States Government who are appointed to any of the above positions may be entitled, upon removal from such position, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by section 5108 of title 5 of the United States Code. 1032 (c) Of the personnel employed in the United States to carry out part II, or any Act superseding part II in whole or in part, 1033 not to exceed eight may be compensated at rates higher than those provided for grade 15 of the general schedule established by section 5332 of title 5 of the United States Code, but not in excess of the highest rate of grade 18 of such general schedule. 1034 Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by section 5108 of title 5 of the United States Code. 1035

(d) 1036 For the purpose of performing functions under this Act outside the United States, the President may employ or assign individuals, or may authorize the employment or assignment of officers or employees by agencies of the United States Government

1029 Sec. 301(c)(1) of the FA Act of 1962 (Public law 87-565) struck out “seventy-six" and inserted in lieu thereof "one hundred and ten".

1030 Sec. 302(b)(1) of the FA Act of 1967 (Public Law 90-137) struck out "the Classification Act of 1949, as amended (5 U.S.C. 1071 et seq.)" and inserted in lieu thereof "section 5332 of title 5 of the United States Code" in lieu of .

1031 Sec. 1001(k)(1) of the Postal Service and Federal Employees Salary Act of 1962 (Public Law 87-793) struck out "and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year" and inserted in lieu thereof "but not in excess of the highest rate of grade 18 of such general schedule".

1032 Sec. 302(b)(2) of the FA Act of 1967 (Public Law 90-137) struck out “505 of the Classification Act of 1949, as amended" and inserted in lieu thereof "5108 of title 5 of the United States Code".

1033 Sec. 302(c) of the FA Act of 1968 (Public Law 90-554) inserted "or any Act superseding part II in whole or in part,”.

1034 Sec. 302(c)(1) of the FA Act of 1967 (Public Law 90-137) struck out "the Classification Act of 1949, as amended" and inserted in lieu thereof "section 5332 of title 5 of the United States Code".

Sec. 1001(k)(2) of the Postal Service and Federal Employees Salary Act of 1962 (Public Law 87-793) struck out "and if these, not to exceed three may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year" and inserted in lieu thereof "but not in excess of the highest rate of grade 18 of such general schedule".

inas Sec. 302(c)(2) of the FA Act of 1967 (Public Law 90-137) struck out “505 of the Classification Act of 1949, as amended" and inserted in lieu thereof "5108 of title 5 of the United States Code".

1636 Sec. 2203(a) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158) amended and restated subsec. (d). Subsec. (d) had previously been amended by the FA Act of 1962 Public law 87-565), the FA Act of 1964 (Public Law 88-633), the FA Act of 1967 (Public Law 90-137), and by the International Development and Food Assistance Act of 1977 (Public Law 95-88).

which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates provided for under section 402 or section 403 of the Foreign Service Act of 1980, or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under the Foreign Service Act of 1980.1037 Individuals so employed or assigned shall be entitled, except to the extent that the President may specify otherwise in cases in which the period of employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of that Act for individuals appointed to the Foreign Service.

(e) 1038 *** [Repealed-1981]

(f) 1039 Funds provided for in agreements with foreign countries for the furnishing of services under this Act with respect to specific projects shall be deemed to be obligated for the services of personnel employed by agencies of the United States Government (other than the agencies primarily responsible for administering part I or part II of this Act) as well as personnel not employed by the United States Government.

(g) 1040 *** [Repealed-1981]

(h) Notwithstanding any other provision of law, officers and employees of the United States Government performing functions under this Act shall not accept from any foreign country any compensation or other benefits. Arrangements may be made by the President with such countries for reimbursement to the United States Government or other sharing of the cost of performing such functions.

(i) To the maximum extent practicable officers and employees performing functions under this Act abroad shall be assigned to countries and positions for which they have special competence, such as appropriate language and practical experience.

(j) 1041 *** [Repealed-1981]

(k) 1042 * * *
*[Repealed-1980]

Sec. 626.1043 Experts, Consultants, and Retired Officers.(a) Experts and consultants or organizations thereof may, as authorized by section 3109 of title 5 of the United States Code,1044

1037 Sec. 703 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544)inserted the references to chapter 53 of title 5, U.S. Code, and “any other rate authorized by law".

1038 Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160) repealed subsec. (e), which had authorized the President to prescribe standards for maintaining adequate performance levels of specified personnel.

1039 Sec. 302(c)(3) of the FA Act of 1962 (Public Law 87-565) amended and restated sec. 625(f). 1040 Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160) repealed subsec. (g), which concerned foreign language competence of personnel carrying out functions under this Act.

1041 Subsec. (j), added by the FA Act of 1964 (Public Law 88-633) and which had concerned the Presidential appointment of U.S. representatives to the Inter-American Committee on the Alliance for Progress, was repealed by sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160).

1042 Subsec. (k), added by the FA Act of 1973 and which designated certain categories of personnel serving in the agency as being eligible to participate in the Foreign Service Retirement and Disability System, was repealed by sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160). While nearly all provisions of the Foreign Service Act of 1980 were not effective until Feb. 15, 1981, sec. 2203(d)(1) of such Act specified that the repeal of sec. 625(k) would be effective on the date of enactment of the Act (Oct. 17, 1980).

1043 22 U.S.C. 2386.

1044 Sec. 302(e)(1) of the FA Act of 1967 (Public Law 90-137) struck out "15 of the Act of August 22, 1946, as amended (5 U.S.C. 55a)" and inserted in lieu thereof "3109 of title 5 of the United States Code".