22 U.S.C. § 6611 — Reorganization authority

Page 1837 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6611 (f) Report The report accompanying the reorganization plan for the Department and the covered agen- cies submitted pursuant to this section shall de- scribe the implementation of the plan and shall include— (1) a detailed description of— (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other adminis- trative and operational actions which are expected to be required for completing or implementing the reorganization, and (C) any preliminary actions which have been taken in the implementation process; (2) the number of personnel and positions of each covered agency (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred to the Department, separated from service with such agency, or eliminated under the plan, and a projected schedule for such trans- fers, separations, and terminations; (3) the number of personnel and positions of the Department (including civil service per- sonnel, Foreign Service personnel, and detailees) that are expected to be transferred within the Department, separated from service with the Department, or eliminated under the plan, and a projected schedule for such trans- fers, separations, and terminations; (4) a projected schedule for completion of the implementation process; and (5) recommendations, if any, for legislation necessary to carry out changes made by this chapter relating to personnel and to incidental transfers. (g) Effective date (1) In general The reorganization plan described in this section, including any modifications or revi- sions of the plan under subsection (e), shall be- come effective on the earlier of the date for the respective covered agency specified in paragraph (2) or the date announced by the President under paragraph (3). (2) Statutory effective dates The effective dates under this paragraph for the reorganization plan described in this sec- tion are the following: (A) April 1, 1999, with respect to functions of the Agency for International Develop- ment described in section 6581 of this title. (B) April 1, 1999, with respect to the aboli- tion of the United States Arms Control and Disarmament Agency and the United States International Development Cooperation Agency. (C) October 1, 1999, with respect to the abo- lition of the United States Information Agency. (3) Effective date by Presidential determina- tion An effective date under this paragraph for a reorganization plan described in this section is such date as the President shall determine to be appropriate and announce by notice pub- lished in the Federal Register, which date may be not earlier than 90 calendar days after the President has transmitted the reorganization plan to the appropriate congressional commit- tees pursuant to subsection (a). (4) Statutory construction Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balance of appropriations, or other as- sets of a covered agency on a single date. (5) Supersedes existing law Paragraph (1) shall apply notwithstanding section 905(b) of title 5. (h) Publication The reorganization plan described in this sec- tion shall be printed in the Federal Register after the date upon which it first becomes effec- tive. (Pub. L. 105–277, div. G, subdiv. A, title XVI, § 1601, Oct. 21, 1998, 112 Stat. 2681–795.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (4), (c), and (f)(5), was in the original ‘‘this subdivision’’, mean- ing subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–765, known as the Foreign Affairs Agen- cies Consolidation Act of 1998. For complete classifica- tion of this subdivision to the Code, see Short Title note set out under section 6501 of this title and Tables. Executive Documents DELEGATION OF THE FUNCTIONS VESTED IN THE PRESI- DENT BY SECTIONS 1601(e) AND 1601(g) OF THE FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998, AS ENACTED IN PUBLIC LAW 105–277 Memorandum of President of the United States, Mar. 31, 1999, 64 F.R. 17079, provided: Memorandum for the Secretary of State By the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, I hereby delegate to you the functions vested in the President by sections 1601(e) and 1601(g) of the Foreign Affairs Reform and Restructuring Act of 1998, as enacted in Public Law 105–277 [22 U.S.C. 6601(e), (g)]. The functions delegated by this memorandum may be redelegated as appropriate. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. PART B—REORGANIZATION AUTHORITY § 6611. Reorganization authority (a) In general The Secretary is authorized, subject to the re- quirements of this chapter, to allocate or reallo- cate any function transferred to the Department under any subchapter of this chapter, and to es- tablish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate to carry out any reorganization under this chapter, but this subsection does not authorize the Secretary to modify the terms of any statute that establishes or defines the functions of any bureau, office, or officer of the Department. 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