22 U.S.C. § 6613 — Transfer, appointment, and assignment of

Page 1838 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6612 (b) Requirements and limitations on reorganiza- tion 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 execu- tive 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. § 6612. Transfer and allocation of appropriations (a) In general Except as otherwise provided in this chapter, the assets, liabilities (including contingent li- abilities arising from suits continued with a substitution or addition of parties under section 6615(e) of this title), contracts, property, records, and unexpended balance of appropria- tions, authorizations, allocations, and other funds employed, held, used, arising from, avail- able to, or to be made available in connection with the functions and offices, or portions there- of, transferred by any subchapter of this chapter shall be transferred to the Secretary for appro- priate allocation. (b) Limitation on use of transferred funds Except as provided in subsection (c), unex- pended and unobligated funds transferred pursu- ant to any subchapter of this chapter shall be used only for the purposes for which the funds were originally authorized and appropriated. (c) Funds to facilitate transition (1) Congressional notification Funds transferred pursuant to subsection (a) may be available for the purposes of reorga- nization subject to notification of the appro- priate congressional committees in accord- ance with the procedures applicable to a re- programming of funds under section 2706 of this title. (2) Transfer authority Funds in any account appropriated to the Department of State may be transferred to an- other such account for the purposes of reorga- nization, subject to notification of the appro- priate congressional committees in accord- ance with the procedures applicable to a re- programming of funds under section 2706 of this title. The authority in this paragraph is in addition to any other transfer authority available to the Secretary of State and shall expire September 30, 2000. (Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1612, Oct. 21, 1998, 112 Stat. 2681–798.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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 subdivi- sion to the Code, see Short Title note set out under sec- tion 6501 of this title and Tables. § 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 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 per- forming such functions and all positions associ- ated 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 sal- ary rate and with the same tenure held imme- diately preceding transfer. (c) Assignment authority The 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 vir- tue 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 ten- ure 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 for- eign 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 De- partment of State. The Secretary shall consult with the relevant exclusive representatives (as defined in section 4102 of this title and in section 7103 of title 5) with regard to the exercise of this Page 1839 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6615 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 con- sent of the Senate. (d) Superseding other provisions of law Subsections (a) through (c) shall be exercised notwithstanding any other provision 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.) Editorial Notes REFERENCES IN TEXT 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 Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–776. For complete classification of title XIII of div. G of this Act to the Code, see Tables. This chapter, referred to in subsec. (b), 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 Act, referred to in subsec. (c), probably means division G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–761, known as the Foreign Affairs Reform and Re- structuring Act of 1998. For complete classification of division G to the Code, see Short Title note set out under section 6501 of this title 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 in- tent of Congress. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–113 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 mi- norities within the foreign affairs agencies of the Fed- eral Government, in terms of representation within the agencies as well as relative rank, are not undermined by discrimination within the newly reorganized Depart- ment of State.’’ § 6614. Incidental transfers The Director of the Office of Management and Budget, when requested by the Secretary, is au- thorized 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.) 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. § 6615. Savings provisions (a) Continuing legal force and effect All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certifi- cates, 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 per- formance 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 ef- fective date of such subchapter and are to be- come 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 of- ficial, a court of competent jurisdiction, or by operation of law. (b) Pending proceedings (1) In general The provisions of any subchapter of this chapter shall not affect any proceedings, in- cluding notices of proposed rulemaking, or any application for any license, permit, cer- tificate, or financial assistance pending on the effective date of any subchapter of this chap- ter before any Federal agency, commission, or component thereof, functions of which are transferred by any subchapter of this chapter. Such proceedings and applications, to the ex- tent that they relate to functions so trans- ferred, shall be continued. (2) Orders, appeals, payments Orders shall be issued in such proceedings, appeals shall be taken therefrom, and pay- ments shall be made pursuant to such orders, as if this chapter had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, super- seded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. (3) Statutory construction Nothing in this chapter shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted. (4) Regulations The Secretary is authorized to promulgate regulations providing for the orderly transfer