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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3922. Utilization of Foreign Service personnel system by other agencies

Statutory text

(a)
(1)

The Broadcasting Board of Governors and the Administrator of the Agency for International Development may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this chapter.

(2)

The Secretary of Agriculture may utilize the Foreign Service personnel system in accordance with this chapter—

(A)

with respect to personnel of the Foreign Agricultural Service, and

(B)

with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad.

(3)

The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this chapter—

(A)

with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and

(B)

with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad.

(4)
(A)

Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under section 3943 of this title individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secretary of State may prescribe.

(B)

The individuals referred to in subparagraph (A) are individuals eligible for employment abroad under section 3951(a) of this title.

(b)

Subject to section 3921(b) of this title—

(1)

the agency heads referred to in subsection (a), and

(2)

the head of any other agency (to the extent authority to utilize the Foreign Service personnel system is granted to such agency head under any other chapter),

shall in the case of their respective agencies exercise the functions vested in the Secretary by this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 96–465 title I § 202 · 94 Stat. 2071

    Enacted · 22 U.S.C. § 3922

    Pub. L. 96–465, title I, § 202, Oct. 17, 1980, 94 Stat. 2078

    Source evidence

    Code source credit
    Pub. L. 96–465, title I, § 202, Oct. 17, 1980, 94 Stat. 2078

    Enacted provision · exact public law section
    Sec. 202. Other Agencies Utilizing the Foreign Service Personnel System.— (a) (1) The Director of the International Communication Agency and the Director of the United States International Development Cooperation Agency may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this Act. (2) The Secretary of Agriculture may utilize the Foreign Service personnel system in accordance with this Act— (A) with respect to personnel of the Foreign Agricultural Service, and (B) with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad. (3) The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this Act— (A) with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and 5 USC app. (B) with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad. (b) Subject to section 201(b)— (1) the agency heads referred to in subsection (a), and (2) the head of any other agency (to the extent authority to utilize the Foreign Service personnel system is granted to such agency head under any other Act), shall in the case of their respective agencies exercise the functions vested in the Secretary by this Act.

  2. Pub. L. 105–277 § 1422(b)(4)(A) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 3922(a)(1)

    Pub. L. 105–277, § 1422(b)(4)(A), substituted “Administrator of the Agency for International Development” for “Director of the United States International Development Cooperation Agency”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–277, § 1422(b)(4)(A), substituted “Administrator of the Agency for International Development” for “Director of the United States International Development Cooperation Agency”.

    Effective date note
    Amendment by section 1335(k)(1) of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(4) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.

  3. Pub. L. 105–277 § 1335(k)(1) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 3922(a)(1)

    Pub. L. 105–277, § 1335(k)(1), substituted “Broadcasting Board of Governors” for “Director of the United States Information Agency”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–277, § 1335(k)(1), substituted “Broadcasting Board of Governors” for “Director of the United States Information Agency”.

    Effective date note
    Amendment by section 1335(k)(1) of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. Amendment by section 1422(b)(4) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.

  4. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tIII)(s332) · 113 Stat. 1501

    Added · 22 U.S.C. § 3922(a)(4)

    Pub. L. 106–113 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 106–113 added par. (4).

1 of 4 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

Reorganization Plan Numbered 3 of 1979, referred to in subsec. (a)(3)(A), is Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments1998–1999 · 2 rounds

1999

Subsec. (a)(4). Pub. L. 106–113 added par. (4).

1998

Subsec. (a)(1). Pub. L. 105–277, § 1422(b)(4)(A), substituted “Administrator of the Agency for International Development” for “Director of the United States International Development Cooperation Agency”.

Pub. L. 105–277, § 1335(k)(1), substituted “Broadcasting Board of Governors” for “Director of the United States Information Agency”.

Statutory Notes and Related Subsidiaries

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated , and became effective .

“Director of the United States Information Agency” substituted for “Director of the International Communication Agency” in subsec. (a)(1), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title.

Effective Date of 1998 Amendment

Amendment by section 1335(k)(1) of Pub. L. 105–277 effective , see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.

Amendment by section 1422(b)(4) of Pub. L. 105–277 effective , see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.

Executive Documents

Exercise of Certain Functions by Board of the Foreign Service and Board of Examiners for the Foreign Service

The Board of the Foreign Service and the Board of Examiners for the Foreign Service were authorized to exercise with respect to Foreign Service personnel of the Department of Commerce, functions delegated to them by Ex. Ord. No. 11264, set out as a note under section 3930 of this title, respecting Foreign Service personnel of the Department of State, see section 1–104(c) of Ex. Ord. No. 12188, , 45 F.R. 991, set out as a note under section 2171 of Title 19, Customs Duties.

Ex. Ord. No. 10522. Authority of the Director of the United States Information Agency

Ex. Ord. No. 10522, , 19 F.R. 1689, provided:

Section 1. The Director of the United States Information Agency is hereby authorized to carry out the functions of the Board of the Foreign Service, provided for by the Foreign Service Act of 1946 (60 Stat. 999) [this chapter], with respect to personnel appointed or assigned for service in the United States Information Agency under the provisions of such Act, as amended [this chapter]: Provided, That nothing herein contained shall be construed as transferring to the said Director any function of the said Board relating to any Foreign Service Officer.

Sec. 2. The Director of the United States Information Agency is hereby authorized to prescribe such regulations and issue such orders and instructions, not inconsistent with law, as may be necessary or desirable for carrying out his functions under section 1 of this order.

Dwight D. Eisenhower.

[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]

Credits

1980–1999 · 4 acts
  1. 1980Pub. L. 96–465, title I, § 202, , 94 Stat. 2078
  2. 1982Pub. L. 97–241, title III, § 303(b), , 96 Stat. 291
  3. 1998Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(1), title XIV, § 1422(b)(4)(A), , 112 Stat. 2681–789, 2681–793
  4. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 332], , 113 Stat. 1536, 1501A–439.
Show as published

(Pub. L. 96–465, title I, § 202, , 94 Stat. 2078; Pub. L. 97–241, title III, § 303(b), , 96 Stat. 291; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(1), title XIV, § 1422(b)(4)(A), , 112 Stat. 2681–789, 2681–793; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 332], , 113 Stat. 1536, 1501A–439.)

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