§409 — Title 5 Government Organization and Employees | U.S. Code

Summary

The name "Agency for International Development" also covers any agency that replaces it and mainly runs Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). The Inspector General can assign Foreign Service members to work only for the Inspector General, and the Inspector General or a designee will write their performance evaluations. When setting up field offices under section 406(d), the Administrator is not limited by overseas personnel ceilings. The Inspector General is an extra officer beyond those listed in section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)).

Title 5, §409

Government Organization and Employees — Source: USLM XML via OLRC

(a)As used in this chapter, the term “Agency for International Development” includes any successor agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).

(b)In addition to the officers and employees provided for in section 406(a)(7) of this title, members of the Foreign Service may, at the request of the Inspector General of the Agency for International Development, be assigned as employees of the Inspector General. Members of the Foreign Service so assigned shall be responsible solely to the Inspector General, and the Inspector General (or the Inspector General’s designee) shall prepare the performance evaluation reports for the members assigned as employees of the Inspector General.

(c)In establishing and staffing field offices pursuant to section 406(d) of this title, the Administrator of the Agency for International Development shall not be bound by overseas personnel ceilings.

(d)The Inspector General of the Agency for International Development shall be in addition to the officers provided for in section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 409(a)5 U.S.C. App. (IGA § 8A(f))Pub. L. 95–452, § 8A(f), formerly (h), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (f), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. 409(b)5 U.S.C. App. (IGA § 8A(c))Pub. L. 95–452, § 8A(c), formerly (d), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (c), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. 409(c)5 U.S.C. App. (IGA § 8A(d))Pub. L. 95–452, § 8A(d), formerly (e), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (d), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792; Pub. L. 114–317, § 7(d)(2)(E), Dec. 16, 2016, 130 Stat. 1606. 409(d)5 U.S.C. App. (IGA § 8A(e))Pub. L. 95–452, § 8A(e), formerly (g), as added Pub. L. 97–113, title VII, § 705(a)(3), Dec. 29, 1981, 95 Stat. 1545; redesignated (e), Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(2)(C), Oct. 21, 1998, 112 Stat. 2681–792. In subsection (b), the reference to “section 406(a)(7) of this title” is substituted for “section 6(a)(6) of this Act” for clarity and to correct an error in the law. In the source law (section 8A(c) of the Inspector General Act of 1978), the reference to “section 6(a)(6) of this Act” is incorrect. section 6(a)(6) of the Inspector General Act of 1978 was redesignated as section 6(a)(7) of that Act by section 107(1) of the Inspector General Act

Amendments

of 1988 (Public Law 100–504, 102 Stat. 2528). In subsection (c), the words “overseas personnel ceilings” are substituted for “overseas personnel ceilings established under the Monitoring Overseas Direct Employment policy” to eliminate obsolete language. The Monitoring Overseas Direct Employment (MODE) policy was superseded by National Security Decision Directive No. 38 (NSDD–38) (

June 2, 1982). (See https://www.state.gov/m/pri/nsdd/45148.htm, last visited

December 14, 2017).

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of Title 22 and Tables.

§409 Special Provisions Concerning the Agency for International Development