threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices.

(b) The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state.

(c) Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. (d) The President may waive the prohibitions of section 669 of this Act at any time during the period beginning on the date of enactment of this section and ending on September 30, 1987, to provide assistance to Pakistan during that period if he determines that to do so is in the national interest of the United States.

Chapter 2-Administrative Provisions

Sec. 621.579 Exercise of Functions.580-(a) 581 The President may exercise any functions conferred upon him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this Act, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.582

579 22 U.S.C. 2381.

580 Sec. 302(a) of the FA Act of 1962 struck out subsection designation "(a)" and repealed subsecs. (b), (c), (d), and (e).

581 Subsec. designation "(a)" and subsec. (b) were added by the sec. 302(a) of the FA Act of 1968.

582 Sec. 302(a) of the FA Act of 1963, substituted the last two sentences in lieu of a former sentence, which read as follows: "In providing technical assistance under this Act in the field of

Continued

(b) 581 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.583 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.

*

(c) 584 [Repealed-1978]

Sec. 622.585 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

education, health, housing, or agriculture, or in other fields, the head of any such agency or such officer shall utilize, to the fullest extent practicable, the facilities and resources of the Federal agency or agencies with primary responsibilities for domestic programs in such fields." 522 U.S.C. 2381a. Sec. 621A was added by sec. 302(b) of the FA Act of 1968.

Subsec. (c), which had called for an annual report from the President regarding the implementation of this section, was repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

**522 U.S.C. 2382.

Government 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 586 are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

(c) 587 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. 623.588 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 589 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.5

590

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

Sec. 624.591 Statutory Officers.-(a) The President may appoint, by and with the advice and consent of the Senate, twelve officers 592

586 Sec. 302(a)(1) of the FA Act of 1966 substituted “(including civic action) or sales programs" for "(including any civil action and sales program)". 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 added the words "and military education and training".

587 Subsec. (c) was amended by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). It formerly read: "Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance and military assistance programs, including but not limited to determining whether there shall be a military assistance (including civic action) 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."

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).

588 22 U.S.C. 2383.

589 The words "and related civilian" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

590 The words ", education and training" were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

591 22 U.S.C. 2384.

592 However, 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.C. 5315(5)) is hereby abolished."

in the agency primarily responsible for administering part I, * [Repealed-1964]

(2)

(3)

** [Repealed-1964]

本

*

* * *

[Repealed-1964]

[Repealed-1964] 593 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 594 subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers.594

(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) 595 *

* *

[Repealed-1978]

(e) 596 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) 597 (1) 598 There shall be in the Department of State an Assistant Secretary of State for Human Rights and Humanitarian Af

593 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 read as follows:

"of whom

"(1) one shall have the rank of an Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Under Secretary of an Executive Department;

"(2) one shall have the rank of a Deputy Under Secretary and shall be compensated at a rate not to exceed the rate authorized by law for any Deputy Under Secretary of an Executive Department; and

"(3) ten shall have the rank of Assistant Seeretaries and shall be compensated at a rate not to exceed the rate authorized by law for any Assistant Secretary of an Executive Department,”. 594 Sec. 302(b)(1) of the FA Act of 1965 struck out the words "paragraph (3) of" which appeared at this point, and also substituted "or one or more of said officers" for "of the officers provided for in paragraphs (1) and (2) of that subsection".

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

ses Subsec. (e) was added by sec. 302 of the FA Act of 1971.

597 Subsec. (f) was added by sec. 301(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 750).

sas Par. (1) was amended and restated by sec. 109(a)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846). It formerly read as follows:

"(1) There is established in the Department of State a Coordinator for Human Rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs."

fairs who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Assistant Secretary.

(2) The Assistant Secretary of State for Human Rights and Humanitarian Affairs 599 shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including—

(A) gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502B of this Act are relevant;

(B) preparing the statements and reports to Congress required under section 502B of this Act;

(C) making recommendations to the Secretary of State and the Administrator of the Agency for International Development 600 regarding compliance with sections 116 and 502B of this Act, and as part of the Assistant Secretary's overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects; 601 and

(D) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.

602*

(g) 602 *** [Repealed-1981]

Sec. 625.603 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 President 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 604 may be appointed, compensated or removed without

599 The title designation of Assistant Secretary of State was inserted in lieu of Coordinator by sec. 109(aX1XB) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95105; 91 Stat. 846). 600 This responsibility of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).

601 The words to this point beginning with “, and as part of the Assistant Secretary's overall policy responsibility were added by sec. 1002(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052).

602 Subsec. (g), as 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). Subsec. (g) formerly 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 (page 264).

603 22 U.S.C. 2385.

604 Sec. 301(c)(1) of the FA Act of 1962 substituted "one hundred and ten" in lieu of "seventy