
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6613]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
           CHAPTER 74--FOREIGN AFFAIRS AGENCIES CONSOLIDATION
 
                        SUBCHAPTER VI--TRANSITION
 
                    Part B--Reorganization Authority
 
Sec. 6613. Transfer, appointment, and assignment of personnel


(a) Transfer of personnel from ACDA and USIA

    Except as otherwise provided in subchapter III of this chapter--
        (1) not later than the date of abolition of ACDA, all personnel 
    and positions of ACDA, and
        (2) not later than the date of abolition of USIA, all personnel 
    and positions of USIA,

shall be transferred to the Department of State at the same grade or 
class and the same rate of basic pay or basic salary rate and with the 
same tenure held immediately preceding transfer.

(b) Transfer of personnel from AID

    Except as otherwise provided in subchapter III of this chapter, not 
later than the date of transfer of any function of AID to the Department 
of State under this chapter, all AID personnel performing such functions 
and all positions associated with such functions shall be transferred to 
the Department of State at the same grade or class and the same rate of 
basic pay or basic salary rate and with the same tenure held immediately 
preceding transfer.

(c) Assignment authority

    The Secretary, for a period of not more than 6 months commencing on 
the effective date of the transfer to the Department of State of 
personnel under subsections (a) and (b) of this section, is authorized 
to assign such personnel to any position or set of duties in the 
Department of State regardless of the position held or duties performed 
by such personnel prior to transfer, except that, by virtue of such 
assignment, such personnel shall not have their grade or class or their 
rate of basic pay or basic salary rate reduced, nor their tenure 
changed. In carrying out the reorganization under this Act, the 
Secretary shall ensure that the advances made in increasing the number 
and status of women and minorities within the foreign affairs agencies 
of the Federal Government, in terms of representation within the 
agencies as well as relative rank, are not undermined by discrimination 
within the newly reorganized Department of State. The Secretary shall 
consult with the relevant exclusive representatives (as defined in 
section 4102 of this title and in section 7103 of title 5) with regard 
to the exercise of this authority. This subsection does not authorize 
the Secretary to assign any individual to any position that by law 
requires appointment by the President, by and with the advice and 
consent of the Senate.

(d) Superseding other provisions of law

    Subsections (a) through (c) of this section shall be exercised 
notwithstanding any other provision of law.

(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1613, Oct. 21, 
1998, 112 Stat. 2681-799; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. 
A, title III, Sec. 341], Nov. 29, 1999, 113 Stat. 1536, 1501A-444.)

                       References in Text

    Subchapter III of this chapter, referred to in subsecs. (a) and (b), 
was in the original ``title XIII'', meaning title XIII of subdiv. A of 
div. G of Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681-776. For 
complete classification of title XIII of div. G of this Act to the Code, 
see Tables.
    This chapter, referred to in subsec. (b), was in the original ``this 
subdivision'', meaning subdiv. A of div. G of Pub. L. 105-277, Oct. 21, 
1998, 112 Stat. 2681-765, known as the Foreign Affairs Agencies 
Consolidation Act of 1998. For complete classification of this 
subdivision to the Code, see Short Title note set out under section 6501 
of this title and Tables.
    This Act, referred to in subsec. (c), probably means division G of 
Pub. L. 105-277, Oct. 21, 1998, 112 Stat. 2681-761, as amended, known as 
the Foreign Affairs Reform and Restructuring Act of 1998. For complete 
classification of division G to the Code, see Short Title note set out 
under section 6501 of this title and Tables.
    Section 4102 of this title, referred to in subsec. (c), was in the 
original ``section 1002 of the Foreign Service Act'', and was translated 
as meaning section 1002 of the Foreign Service Act of 1980 to reflect 
the probable intent of Congress.


                               Amendments

    1999--Subsec. (c). Pub. L. 106-113 inserted after first sentence 
``In carrying out the reorganization under this Act, the Secretary shall 
ensure that the advances made in increasing the number and status of 
women and minorities within the foreign affairs agencies of the Federal 
Government, in terms of representation within the agencies as well as 
relative rank, are not undermined by discrimination within the newly 
reorganized Department of State.''.
