### §409. Special provisions concerning the Agency for International Development

(a) Definition of Agency for International Development.—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) Members of Foreign Service.—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) Field Offices.—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) Additional Officer.—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)).

(Pub. L. 117–286, §3(b), Dec. 27, 2022, 136 Stat. 4227.)

| Revised Section | Source (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. |

Section

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.