22 USC 6611 - Reorganization authority

Collapse to view only § 6611. Reorganization authority

§ 6611. Reorganization authority
§ 6612. Transfer and allocation of appropriations
§ 6613. Transfer, appointment, and assignment of personnel
§ 6614. Incidental transfers
§ 6615. Savings provisions
§ 6616. Authority of Secretary of State to facilitate transition
§ 6617. Final report

§ 6611. Reorganization authority

(a) In general

(b) Requirements and limitations on reorganization plan

The reorganization plan transmitted under section 6601 of this title may not have the effect of—

(1) creating a new executive department;

(2) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made;

(3) authorizing a Federal agency to exercise a function which is not authorized by law at the time the plan is transmitted to Congress;

(4) creating a new Federal agency which is not a component or part of an existing executive department or independent agency; or

(5) increasing the term of an office beyond that provided by law for the office.

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1611, Oct. 21, 1998, 112 Stat. 2681–798.)

§ 6612. Transfer and allocation of appropriations

(a) In general

(b) Limitation on use of transferred funds

(1) Congressional notification

(2) Transfer authority

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1612, Oct. 21, 1998, 112 Stat. 2681–798.)

§ 6613. Transfer, appointment, and assignment of personnel

(a) Transfer of personnel from ACDA and USIA

Except as otherwise provided in subchapter III—

(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

(d) Superseding other provisions of law

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

§ 6614. Incidental transfers

The Director of the Office of Management and Budget, when requested by the Secretary, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of any subchapter of this chapter. The Director of the Office of Management and Budget, in consultation with the Secretary, shall provide for the termination of the affairs of all entities terminated by this chapter and for such further measures and dispositions as may be necessary to effectuate the purposes of any subchapter of this chapter.

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1614, Oct. 21, 1998, 112 Stat. 2681–799.)

§ 6615. Savings provisions

(a) Continuing legal force and effect

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—

(1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under any subchapter of this chapter; and

(2) that are in effect as of the effective date of such subchapter, or were final before the effective date of such subchapter and are to become effective on or after the effective date of such subchapter,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.

(b) Pending proceedings

(1) In general

(2) Orders, appeals, payments

(3) Statutory construction

(4) Regulations

Except as provided in subsection (e) and section 6543(d) of this title—

(1) the provisions of this chapter shall not affect suits commenced prior to the effective dates of the respective subchapters of this chapter; and

(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.

(d) Nonabatement of proceedings

(e) Continuation of proceeding with substitution of parties

(f) Reviewability of orders and actions under transferred functions

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1615, Oct. 21, 1998, 112 Stat. 2681–800.)

§ 6616. Authority of Secretary of State to facilitate transition

Notwithstanding any provision of this chapter, the Secretary of State, with the concurrence of the head of the appropriate Federal agency exercising functions transferred under this chapter, may transfer the whole or part of such functions prior to the effective dates established in this chapter, including the transfer of personnel and funds associated with such functions.

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1616, Oct. 21, 1998, 112 Stat. 2681–801.)

§ 6617. Final report

Not later than January 1, 2001, the President, in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a report which provides a final accounting of the finances and operations of the agencies abolished under this chapter.

(Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1617, Oct. 21, 1998, 112 Stat. 2681–801.)