Transfer of personnel from ACDA and USIA
Transfer of personnel from AID
Except as otherwise provided in subchapter III, 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.
Assignment authority
section 4102 of this titlesection 7103 of title 5The 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), 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 and in ) 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.
Superseding other provisions of law
Subsections (a) through (c) shall be exercised notwithstanding any other provision of law.
Pub. L. 105–277, div. G112 Stat. 2681–799 Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 341]113 Stat. 1536 (, subdiv. A, title XVI, § 1613, , ; , , , 1501A–444.)
Editorial Notes
References in Text
Pub. L. 105–277112 Stat. 2681–776 Subchapter III, referred to in subsecs. (a) and (b), was in the original “title XIII”, meaning title XIII of subdiv. A of div. G of , , . For complete classification of title XIII of div. G of this Act to the Code, see Tables.
Pub. L. 105–277112 Stat. 2681–765 section 6501 of this titleThis chapter, referred to in subsec. (b), was in the original “this subdivision”, meaning subdiv. A of div. G of , , , 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 and Tables.
Pub. L. 105–277112 Stat. 2681–761 section 6501 of this titleThis Act, referred to in subsec. (c), probably means division G of , , , 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 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
Pub. L. 106–1131999—Subsec. (c). 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.”