22 U.S.C. § 6562 — Transfer of functions and authorities

Page 1833 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6562 1461 of this title and in the Appendix to Title 5, Govern- ment Organization and Employees. AMENDMENTS 2021—Pub. L. 117–81 substituted ‘‘Continuation’’ for ‘‘Sunset’’ in section catchline and struck out ‘‘until Oc- tober 1, 2021’’ after ‘‘provisions of law’’ in text. 2020—Pub. L. 116–159 substituted ‘‘October 1, 2021’’ for ‘‘October 1, 2020’’. 2016—Pub. L. 114–323 substituted ‘‘October 1, 2020’’ for ‘‘October 1, 2015’’. 2013—Pub. L. 112–239 substituted ‘‘October 1, 2015’’ for ‘‘October 1, 2010’’. 2009—Pub. L. 111–70 substituted ‘‘October 1, 2010’’ for ‘‘October 1, 2009’’. 2007—Pub. L. 110–21 substituted ‘‘October 1, 2009’’ for ‘‘October 1, 2006’’. 2005—Pub. L. 109–108 substituted ‘‘October 1, 2006’’ for ‘‘October 1, 2005’’. 2001—Pub. L. 107–77 substituted ‘‘October 1, 2005’’ for ‘‘October 1, 2001’’. 1999—Pub. L. 106–113 amended section catchline and text generally, substituting present provisions for pro- visions which had abolished the United States Advisory Commission on Public Diplomacy, repealed section 1469 of this title, and amended Reorganization Plan No. 2 of 1977. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–323, title VII, § 702(b), Dec. 16, 2016, 130 Stat. 1940, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 2016. Any lapse in powers, authorities, or responsibilities of the United States Advisory Com- mission on Public Diplomacy from the period beginning on October 1, 2016, and ending on the date of the enact- ment of this Act [Dec. 16, 2016], shall be deemed to have not so lapsed.’’ EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title XII, § 1280(d)(2), Jan. 2, 2013, 126 Stat. 2033, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2010.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–77, title IV, § 407(b), Nov. 28, 2001, 115 Stat. 790, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Admiral James W. Nance and Meg Donovan Foreign Relations Authoriza- tion Act, Fiscal Years 2000 and 2001 [H.R. 3427, as en- acted by Pub. L. 106-113, div. B, § 1000(a)(7)].’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–447, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall take effect as if included in the enactment of the Foreign Affairs Reform and Restruc- turing Act of 1998 [Pub. L. 105–277, div. G, see Short Title note set out under section 6501 of this title].’’ CONTINUATION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY Pub. L. 114–113, div. K, title VII, § 7034(k)(12), Dec. 18, 2015, 129 Stat. 2766, provided that: ‘‘Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied by substituting ‘Sep- tember 30, 2016’ for ‘October 1, 2015’.’’ SUBCHAPTER IV—UNITED STATES INTER- NATIONAL DEVELOPMENT COOPERATION AGENCY PART A—ABOLITION AND TRANSFER OF FUNCTIONS § 6561. Abolition of United States International Development Cooperation Agency (a) In general Except for the components specified in sub- section (b), the United States International De- velopment Cooperation Agency (including the Institute for Scientific and Technological Co- operation) is abolished. (b) AID and OPIC exempted Subsection (a) does not apply to the Agency for International Development or the Overseas Private Investment Corporation. (Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1411, Oct. 21, 1998, 112 Stat. 2681–790.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1401, Oct. 21, 1998, 112 Stat. 2681–790, provided that: ‘‘This title [see Tables for classification], and the amend- ments made by this title, shall take effect on the ear- lier of— ‘‘(1) April 1, 1999; or ‘‘(2) the date of abolition [Apr. 1, 1999] of the United States International Development Cooperation Agen- cy pursuant to the reorganization plan described in section 1601 [22 U.S.C. 6601].’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title. § 6562. Transfer of functions and authorities (a) Allocation of funds (1) Allocation to the Secretary of State Funds made available under the categories of assistance deemed allocated to the Director of the International Development Cooperation Agency under section 1–801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated to the Secretary of State on and after the effective date of this subchapter without further action by the President. (2) Procedures for reallocations or transfers The Secretary of State may allocate or transfer as appropriate any funds received under paragraph (1) in the same manner as previously provided for the Director of the International Development Cooperation Agen- cy under section 1–802 of that Executive Order, as in effect on October 1, 1997. (b) With respect to Overseas Private Investment Corporation There are transferred to the Administrator of the Agency for International Development all functions of the Director of the United States International Development Cooperation Agency Page 1834 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6563 as of the day before the effective date of this subchapter with respect to the Overseas Private Investment Corporation. (c) Other activities The authorities and functions transferred to the United States International Development Cooperation Agency or the Director of that Agency by section 6 of Reorganization Plan Numbered 2 of 1979 shall, to the extent such au- thorities and functions have not been repealed, be transferred to those agencies or heads of agencies, as the case may be, in which those au- thorities and functions were vested by statute as of the day before the effective date of such reor- ganization plan. (Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1412, Oct. 21, 1998, 112 Stat. 2681–790.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12163, referred to in subsec. (a), is Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which is set out as a note under section 2381 of this title. Sec- tion 1–801 of Ex. Ord. No. 12163 was deleted in the gen- eral amendment of Part 1–8 of Ex. Ord. No. 12163 by Ex. Ord. No. 13118, § 8, Mar. 31, 1999, 64 F.R. 16597. For the effective date of this subchapter, referred to in subsecs. (a)(1) and (b), meaning the effective date of title XIV of subdiv. A of div. G of Pub. L. 105–277, see section 1401 of Pub. L. 105–277, set out as a note under section 6561 of this title. Reorganization Plan Numbered 2 of 1979, referred to in subsec. (c), is Reorg. Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378, effective Oct. 1, 1979, pursuant to Ex. Ord. No. 12163, which was set out as a note under section 2381 of this title, prior to repeal by Pub. L. 105–277, div. G, subdiv. A, title XIV, §§ 1401, 1422(a)(1), Oct. 21, 1998, 112 Stat. 2681–790, 2681–792. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title. § 6563. Status of AID (a) In general Unless abolished pursuant to the reorganiza- tion plan submitted under section 6601 of this title, and except as provided in section 6562 of this title, there is within the Executive branch of Government the United States Agency for International Development as an entity de- scribed in section 104 of title 5. (b) Retention of officers Nothing in this section shall require the re- appointment of any officer of the United States serving in the Agency for International Develop- ment of the United States International Devel- opment Cooperation Agency as of the day before the effective date of this subchapter. (Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1413, Oct. 21, 1998, 112 Stat. 2681–791.) Editorial Notes REFERENCES IN TEXT For the effective date of this subchapter, referred to in subsec. (b), meaning the effective date of title XIV of subdiv. A of div. G of Pub. L. 105–277, see section 1401 of Pub. L. 105–277, set out as a note under section 6561 of this title. PART B—MISCELLANEOUS PROVISIONS § 6571. References Except as otherwise provided in this chapter, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the United States International Development Cooperation Agency (IDCA) or to the Director or any other officer or employee of IDCA— (1) insofar as such reference relates to any function or authority transferred under sec- tion 6562(a) of this title, shall be deemed to refer to the Secretary of State; (2) insofar as such reference relates to any function or authority transferred under sec- tion 6562(b) of this title, shall be deemed to refer to the Administrator of the Agency for International Development; (3) insofar as such reference relates to any function or authority transferred under sec- tion 6562(c) of this title, shall be deemed to refer to the head of the agency to which such function or authority is transferred under such section; and (4) insofar as such reference relates to any function or authority not transferred by this subchapter, shall be deemed to refer to the President or such agency or agencies as may be specified by Executive order. (Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1421, Oct. 21, 1998, 112 Stat. 2681–791.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 subchapter, referred to in par. (4), was in the original ‘‘this title’’, meaning title XIV of subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–790. For complete classification of title XIV to the Code, see Tables. SUBCHAPTER V—AGENCY FOR INTERNATIONAL DEVELOPMENT PART A—REORGANIZATION AND TRANSFER OF FUNCTIONS § 6581. Reorganization of Agency for Inter- national Development (a) In general The Agency for International Development shall be reorganized in accordance with this chapter and the reorganization plan transmitted pursuant to section 6601 of this title. (b) Functions to be transferred The reorganization of the Agency for Inter- national Development shall provide, at a min- imum, for the transfer to and consolidation with