22 U.S.C. § 6601 — Reorganization plan and report

Page 1836 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6601 administering any program, project, or activity of United States assistance for any funds made available to the Federal agency for that pur- pose. (d) Authority to provide personnel of Agency for International Development The Administrator of the Agency for Inter- national Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed by the Agency as the Secretary of State may require to carry out this section. (Pub. L. 105–277, div. G, subdiv. A, title XV, § 1523, Oct. 21, 1998, 112 Stat. 2681–794.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(2), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. SUBCHAPTER VI—TRANSITION PART A—REORGANIZATION PLAN § 6601. Reorganization plan and report (a) Submission of plan and report Not later than 60 days after October 21, 1998, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding— (1) the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Coopera- tion Agency in accordance with this chapter; (2) with respect to the Agency for Inter- national Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Depart- ment in accordance with section 6581 of this title; (3) the termination of functions of each cov- ered agency as may be necessary to effectuate the reorganization under this chapter, and the termination of the affairs of each agency abol- ished under this chapter; (4) the transfer to the Department of the functions and personnel of each covered agen- cy consistent with the provisions of this chap- ter; and (5) the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and per- sonnel in order to carry out such functions. (b) Covered agencies The agencies covered by this section are the following: (1) The United States Arms Control and Dis- armament Agency. (2) The United States Information Agency. (3) The United States International Develop- ment Cooperation Agency. (4) The Agency for International Develop- ment. (c) Plan elements The plan transmitted under subsection (a) shall contain, consistent with this chapter, such elements as the President deems appropriate, in- cluding elements that— (1) identify the functions of each covered agency that will be transferred to the Depart- ment under the plan; (2) specify the steps to be taken by the Sec- retary of State to reorganize internally the functions of the Department, including the consolidation of offices and functions, that will be required under the plan in order to per- mit the Department to carry out the functions transferred to it under the plan; (3) specify the funds available to each cov- ered agency that will be transferred to the De- partment as a result of the transfer of func- tions of such agency to the Department; (4) specify the proposed allocations within the Department of unexpended funds trans- ferred in connection with the transfer of func- tions under the plan; and (5) specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each covered agency in connection with the transfer of the functions of such agency to the Department. (d) Reorganization plan of Agency for Inter- national Development In addition to applicable provisions of sub- section (c), the reorganization plan transmitted under this section for the Agency for Inter- national Development— (1) may provide for the abolition of the Agency for International Development and the transfer of all its functions to the Department of State; or (2) in lieu of the abolition and transfer of functions under paragraph (1)— (A) shall provide for the transfer to and consolidation within the Department of the functions set forth in section 6581 of this title; and (B) may provide for additional consolida- tion, reorganization, and streamlining of AID, including— (i) the termination of functions and re- ductions in personnel of AID; (ii) the transfer of functions of AID, and the personnel associated with such func- tions, to the Department; and (iii) the consolidation, reorganization, and streamlining of the Department upon the transfer of such functions and per- sonnel in order to carry out the functions transferred. (e) Modification of plan The President may, on the basis of consulta- tions with the appropriate congressional com- mittees, modify or revise any part of the plan transmitted under subsection (a) until that part of the plan becomes effective in accordance with subsection (g). 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.