22 U.S.C. § 9686 — Savings provisions

Page 2289 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9686 (b) Services and personnel During the transition period, upon the request of the Corporation, the head of any executive agency may, on a reimbursable or non-reimburs- able basis, provide services or detail personnel to assist with the transition. (c) Acting officials (1) In general During the transition period, pending the ad- vice and consent of the Senate to the appoint- ment of an officer required by this chapter to be appointed by and with such advice and con- sent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer before the end of the tran- sition period (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this chapter. While so acting, such officers shall receive compensation at the higher of— (A) the rates provided by this chapter for the respective offices in which they act; or (B) the rates provided for the offices held at the time of designation. (2) Rule of construction Nothing in this chapter shall be construed to require the advice and consent of the Senate to the appointment by the President to a posi- tion in the Corporation of any officer whose agency is transferred to the Corporation pur- suant to this subchapter and whose duties fol- lowing such transfer are germane to those per- formed before such transfer. (d) Transfer of personnel, assets, obligations, and functions Upon the transfer of an agency to the Corpora- tion under section 9683 of this title— (1) the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to the Corporation for appropriate allocation, subject to the ap- proval of the Director of the Office of Manage- ment and Budget and in accordance with sec- tion 1531(a)(2) of title 31; and (2) the Corporation shall have all functions— (A) relating to the agency that any other official could by law exercise in relation to the agency immediately before such trans- fer; and (B) vested in the Corporation by this chap- ter or other law. (Pub. L. 115–254, div. F, title VI, § 1465, Oct. 5, 2018, 132 Stat. 3513.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c) and (d)(2)(B), was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified principally to this chapter. For complete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. This subchapter, referred to in subsec. (c)(2), was in the original ‘‘this title’’, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to this subchapter and which repealed title IV of chapter 2 of part I of the For- eign Assistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other amendments. For complete classification of title VI to the Code, see Tables. § 9686. Savings provisions (a) Completed administrative actions (1) In general Completed administrative actions of an agency shall not be affected by the enactment of this Act or the transfer of such agency to the Corporation under section 9683 of this title, but shall continue in effect according to their terms until amended, modified, super- seded, terminated, set aside, or revoked in ac- cordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined In this subsection, the term ‘‘completed ad- ministrative action’’ includes orders, deter- minations, rules, regulations, personnel ac- tions, permits, agreements, grants, contracts, certificates, policies, licenses, registrations, and privileges. (b) Pending proceedings (1) In general Pending proceedings in an agency, including notices of proposed rulemaking, and applica- tions for licenses, permits, certificates, grants, and financial assistance, shall continue not- withstanding the enactment of this Act or the transfer of the agency to the Corporation, un- less discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not oc- curred. (2) Orders Orders issued in proceedings described in paragraph (1), and appeals therefrom, and pay- ments made pursuant to such orders, shall issue in the same manner and on the same terms as if this chapter had not been enacted or the agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent juris- diction, or by operation of law. (c) Pending civil actions Pending civil actions shall continue notwith- standing the enactment of this Act or the trans- fer of an agency to the Corporation, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. (d) References References relating to an agency that is trans- ferred to the Corporation under section 9683 of this title in statutes, Executive orders, rules, regulations, directives, or delegations of author- ity that precede such transfer or October 5, 2018, shall be deemed to refer, as appropriate, to the Corporation, to its officers, employees, or Page 2290 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9687 agents, or to its corresponding organizational units or functions. Statutory reporting require- ments that applied in relation to such an agency immediately before the effective date of this chapter shall continue to apply following such transfer if they refer to the agency by name. (e) Employment provisions (1) Regulations The Corporation may, in regulations pre- scribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before October 5, 2018, relating to employment in any agency transferred to the Corporation under section 9683 of this title. (2) Effect of transfer on conditions of employ- ment Except as otherwise provided in this chap- ter, or under authority granted by this chap- ter, the transfer pursuant to this subchapter of personnel shall not alter the terms and con- ditions of employment, including compensa- tion, of any employee so transferred. (f) Statutory reporting requirements Any statutory reporting requirement that ap- plied to an agency transferred to the Corpora- tion under this subchapter immediately before October 5, 2018, shall continue to apply following that transfer if the statutory requirement refers to the agency by name. (Pub. L. 115–254, div. F, title VI, § 1466, Oct. 5, 2018, 132 Stat. 3514.) Editorial Notes REFERENCES IN TEXT The enactment of this Act, referred to in subsecs. (a)(1), (b)(1), and (c), means the enactment of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3186, known as the FAA Reauthorization Act of 2018. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 40101 of Title 49, Transportation, and Tables. This chapter, referred to in subsecs. (b)(2), (d), and (e)(2), was in the original ‘‘this division’’, meaning divi- sion F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified principally to this chapter. For com- plete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. The effective date of this chapter, referred to in sub- sec. (d), probably means the date of enactment of Pub. L. 115–254, which enacted this chapter and which was approved Oct. 5, 2018. This subchapter, referred to in subsecs. (e)(2) and (f), was in the original ‘‘this title’’, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to this sub- chapter and which repealed title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of sec- tion 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other amendments. For complete classification of title VI to the Code, see Tables. § 9687. Other terminations Except as otherwise provided in this chapter, whenever all the functions vested by law in any agency have been transferred pursuant to this subchapter, each position and office the incum- bent of which was authorized to receive com- pensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5 shall terminate. (Pub. L. 115–254, div. F, title VI, § 1467, Oct. 5, 2018, 132 Stat. 3515.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified prin- cipally to this chapter. For complete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to this subchapter and which re- pealed title IV of chapter 2 of part I of the Foreign As- sistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other amendments. For complete classification of title VI to the Code, see Tables. Levels II, III, IV, and V of the Executive Schedule, re- ferred to in text, are set out in sections 5313, 5314, 5315, and 5316, respectively, of Title 5, Government Organiza- tion and Employees. § 9688. Incidental transfers The Director of the Office of Management and Budget, in consultation with the Corporation, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this subchapter, as the Director may determine necessary to accom- plish the purposes of this chapter. (Pub. L. 115–254, div. F, title VI, § 1468, Oct. 5, 2018, 132 Stat. 3515.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to this subchapter and which re- pealed title IV of chapter 2 of part I of the Foreign As- sistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other amendments. For complete classification of title VI to the Code, see Tables. This chapter, referred to in text, was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified prin- cipally to this chapter. For complete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9689. Reference With respect to any function transferred under this subchapter (including under a reorganiza- tion plan under section 9682 of this title) and ex- ercised on or after October 5, 2018, reference in any other Federal law to any department, com- mission, or agency or any officer or office the functions of which are so transferred shall be