§ 3922. — Utilization of Foreign Service personnel system by other agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3922]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER II--MANAGEMENT OF SERVICE
Sec. 3922. Utilization of Foreign Service personnel system by
other agencies
(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) of this
section, 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.
(Pub. L. 96-465, title I, Sec. 202, Oct. 17, 1980, 94 Stat. 2078; Pub.
L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L.
105-277, div. G, subdiv. A, title XIII, Sec. 1335(k)(1), title XIV,
Sec. 1422(b)(4)(A), Oct. 21, 1998, 112 Stat. 2681-789, 2681-793; Pub. L.
106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 332], Nov. 29,
1999, 113 Stat. 1536, 1501A-439.)
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.
Amendments
1999--Subsec. (a)(4). Pub. L. 106-113 added par. (4).
1998--Subsec. (a)(1). Pub. L. 105-277, Sec. 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, Sec. 1335(k)(1), substituted ``Broadcasting Board
of Governors'' for ``Director of the United States Information Agency''.
Change of Name
``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 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.
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, Jan. 2, 1980, 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, Mar. 26, 1954, 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.]
