Legislación
US (United States) Code. Title 22. Chapter 74: Foreign Affairs Agencies consolidation
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22 USC CHAPTER 74 - FOREIGN AFFAIRS AGENCIES
CONSOLIDATION 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
-HEAD-
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
-MISC1-
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
6501. Purposes.
6502. Definitions.
6503. Report on budgetary cost savings resulting from
reorganization.
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
6511. Abolition of United States Arms Control and
Disarmament Agency.
6512. Transfer of functions to Secretary of State.
PART B - MISCELLANEOUS PROVISIONS
6521. References.
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
6531. Abolition of United States Information Agency.
6532. Transfer of functions.
(a) In general.
(b) Exception.
6533. Abolition of Office of Inspector General of United
States Information Agency and transfer of functions.
(a) Abolition of Office.
(b) to (d) Omitted.
(e) Transfer of functions.
PART B - INTERNATIONAL BROADCASTING
6541. Congressional findings and declaration of purpose.
6542. Transfer of broadcasting related funds, property, and
personnel.
(a) Transfer and allocation of property and
appropriations.
(b) Transfer of personnel.
(c) Transfer and allocation of property,
appropriations, and personnel associated with
Worldnet.
(d) Incidental transfers.
6543. Savings provisions.
(a) Continuing legal force and effect.
(b) Pending proceedings.
(c) Nonabatement of proceedings.
(d) Continuation of proceedings with substitution
of parties.
(e) Administrative actions relating to promulgation
of regulations.
(f) References.
6544. Report on privatization of RFE/RL, Incorporated.
PART C - CONFORMING AMENDMENTS
6551. References.
(a) In general.
(b) Continuing references to USIA or Director.
6552. Application of certain laws.
(a) Application to functions of Department of
State.
(b) Application to functions transferred to
Department of State.
(c) Limitation on use of funds.
(d) Reporting requirements.
(e) Congressional Presentation Document.
6553. Sunset of United States Advisory Commission on Public
Diplomacy.
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
6561. Abolition of United States International Development
Cooperation Agency.
(a) In general.
(b) AID and OPIC exempted.
6562. Transfer of functions and authorities.
(a) Allocation of funds.
(b) With respect to Overseas Private Investment
Corporation.
(c) Other activities.
6563. Status of AID.
(a) In general.
(b) Retention of officers.
PART B - MISCELLANEOUS PROVISIONS
6571. References.
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
PART A - REORGANIZATION AND TRANSFER OF FUNCTIONS
6581. Reorganization of Agency for International
Development.
(a) In general.
(b) Functions to be transferred.
PART B - AUTHORITIES OF SECRETARY OF STATE
6591. "United States assistance" defined.
6592. Administrator of AID reporting to Secretary of State.
6593. Assistance programs coordination and oversight.
(a) Authority of Secretary of State.
(b) Coordination activities.
(c) Statutory construction.
(d) Authority to provide personnel of Agency for
International Development.
SUBCHAPTER VI - TRANSITION
PART A - REORGANIZATION PLAN
6601. Reorganization plan and report.
(a) Submission of plan and report.
(b) Covered agencies.
(c) Plan elements.
(d) Reorganization plan of Agency for International
Development.
(e) Modification of plan.
(f) Report.
(g) Effective date.
(h) Publication.
PART B - REORGANIZATION AUTHORITY
6611. Reorganization authority.
(a) In general.
(b) Requirements and limitations of reorganization
plan.
6612. Transfer and allocation of appropriations.
(a) In general.
(b) Limitation on use of transferred funds.
(c) Funds to facilitate transition.
6613. Transfer, appointment, and assignment of personnel.
(a) Transfer of personnel from ACDA and USIA.
(b) Transfer of personnel from AID.
(c) Assignment authority.
(d) Superseding other provisions of law.
6614. Incidental transfers.
6615. Savings provisions.
(a) Continuing legal force and effect.
(b) Pending proceedings.
(c) No effect on judicial or administrative
proceedings.
(d) Nonabatement of proceedings.
(e) Continuation of proceeding with substitution of
parties.
(f) Reviewability of orders and actions under
transferred functions.
6616. Authority of Secretary of State to facilitate
transition.
6617. Final report.
-End-
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22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
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22 USC Sec. 6501 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 6501. Purposes
-STATUTE-
The purposes of this chapter are -
(1) to strengthen -
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
(2) to consolidate and reinvigorate the foreign affairs
functions of the United States within the Department of State by
-
(A) abolishing the United States Arms Control and Disarmament
Agency, the United States Information Agency, and the United
States International Development Cooperation Agency, and
transferring the functions of these agencies to the Department
of State while preserving the special missions and skills of
these agencies;
(B) transferring certain functions of the Agency for
International Development to the Department of State; and
(C) providing for the reorganization of the Department of
State to maximize the efficient use of resources, which may
lead to budget savings, eliminated redundancy in functions, and
improvement in the management of the Department of State;
(3) to ensure that programs critical to the promotion of United
States national interests be maintained;
(4) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent
United States citizens serving in the United States Government.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XI, Sec. 1102, Oct. 21,
1998, 112 Stat. 2681-765.)
-REFTEXT-
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 below and Tables.
-MISC1-
SHORT TITLE
Pub. L. 105-277, div. G, Sec. 1001, Oct. 21, 1998, 112 Stat.
2681-761, provided that: "This division [see Tables for
classification] may be cited as the 'Foreign Affairs Reform and
Restructuring Act of 1998'."
Pub. L. 105-277, div. G, subdiv. A, title XI, Sec. 1101, Oct. 21,
1998, 112 Stat. 2681-765, provided that: "This subdivision [see
Tables for classification] may be cited as the 'Foreign Affairs
Agencies Consolidation Act of 1998'."
-End-
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22 USC Sec. 6502 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 6502. Definitions
-STATUTE-
In this chapter:
(1) ACDA
The term "ACDA" means the United States Arms Control and
Disarmament Agency.
(2) AID
The term "AID" means the United States Agency for International
Development.
(3) Agency; Federal agency
The term "agency" or "Federal agency" means an Executive agency
as defined in section 105 of title 5.
(4) Appropriate congressional committees
The term "appropriate congressional committees" means the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee
on Foreign Relations and the Committee on Appropriations of the
Senate.
(5) Covered agency
The term "covered agency" means any of the following agencies:
ACDA, USIA, IDCA, and AID.
(6) Department
The term "Department" means the Department of State.
(7) Function
The term "function" means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
(8) IDCA
The term "IDCA" means the United States International
Development Cooperation Agency.
(9) Office
The term "office" includes any office, administration, agency,
institute, unit, organizational entity, or component thereof.
(10) Secretary
The term "Secretary" means the Secretary of State.
(11) USIA
The term "USIA" means the United States Information Agency.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XI, Sec. 1103, Oct. 21,
1998, 112 Stat. 2681-766.)
-REFTEXT-
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.
-End-
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22 USC Sec. 6503 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 6503. Report on budgetary cost savings resulting from
reorganization
-STATUTE-
The Secretary of State shall submit a report, together with the
congressional presentation document for the budget of the
Department of State for each of the fiscal years 2000 and 2001, to
the appropriate congressional committees describing the total
anticipated and achieved cost savings in budget outlays and budget
authority related to the reorganization implemented under this
chapter, including cost savings by each of the following
categories:
(1) Reductions in personnel.
(2) Administrative consolidation, including procurement.
(3) Program consolidation.
(4) Consolidation of real properties and leases.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XI, Sec. 1104, Oct. 21,
1998, 112 Stat. 2681-767.)
-REFTEXT-
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.
-End-
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22 USC SUBCHAPTER II - UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
-HEAD-
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
-End-
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22 USC Part A - Abolition and Transfer of Functions 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
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22 USC Sec. 6511 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6511. Abolition of United States Arms Control and Disarmament
Agency
-STATUTE-
The United States Arms Control and Disarmament Agency is
abolished.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1211, Oct. 21,
1998, 112 Stat. 2681-767.)
-MISC1-
EFFECTIVE DATE
Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1201, Oct.
21, 1998, 112 Stat. 2681-767, provided that: "This title [see
Tables for classification], and the amendments made by this title,
shall take effect on the earlier of -
"(1) April 1, 1999; or
"(2) the date of abolition [Apr. 1, 1999] of the United States
Arms Control and Disarmament Agency pursuant to the
reorganization plan described in section 1601 [22 U.S.C. 6601]."
-End-
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22 USC Sec. 6512 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6512. Transfer of functions to Secretary of State
-STATUTE-
There are transferred to the Secretary of State all functions of
the Director of the United States Arms Control and Disarmament
Agency, and all functions of the United States Arms Control and
Disarmament Agency and any office or component of such agency,
under any statute, reorganization plan, Executive order, or other
provision of law, as of the day before the effective date of this
subchapter.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1212, Oct. 21,
1998, 112 Stat. 2681-767.)
-REFTEXT-
REFERENCES IN TEXT
For the effective date of this subchapter, referred to in text,
meaning the effective date of title XII of subdiv. A of div. G of
Pub. L. 105-277, see section 1201 of Pub. L. 105-277, set out as a
note under section 6511 of this title.
-End-
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22 USC Part B - Miscellaneous Provisions 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Part B - Miscellaneous Provisions
-HEAD-
PART B - MISCELLANEOUS PROVISIONS
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22 USC Sec. 6521 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER II - UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Part B - Miscellaneous Provisions
-HEAD-
Sec. 6521. References
-STATUTE-
Except as otherwise provided in section 1223 or 1225, any
reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to -
(1) the Director of the United States Arms Control and
Disarmament Agency, the Director of the Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency or the Arms
Control and Disarmament Agency shall be deemed to refer to the
Secretary of State; or
(2) the United States Arms Control and Disarmament Agency or
the Arms Control and Disarmament Agency shall be deemed to refer
to the Department of State.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1221, Oct. 21,
1998, 112 Stat. 2681-768.)
-REFTEXT-
REFERENCES IN TEXT
Section 1223, referred to in text, is section 1223 of title XII
of subdiv. A of div. G of Pub. L. 105-277, which amended sections
2551, 2552, 2567, 2568, 2571 to 2574, 2576, 2577, 2578, 2579, 2581,
2584, 2593a, 2593b, 2595, 2595a, 2595b-1, and 2595c of this title.
Section 1225, referred to in text, is section 1225 of title XII
of subdiv. A of div. G of Pub. L. 105-277, which amended sections
2321d, 2695, 2776, 2778, 2791, 2797, 2797b, 3203, 3222, 3282, 4605,
and 4606 of this title, section 194a of Title 2, The Congress,
sections 2077, 2139, 2139a, 2141, 2153, 2155, 2156a, 2160, and
2160a of Title 42, The Public Health and Welfare, and section 40118
of Title 49, Transportation.
-End-
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22 USC SUBCHAPTER III - UNITED STATES INFORMATION AGENCY 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
-HEAD-
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 6613 of this title.
-End-
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22 USC Part A - Abolition and Transfer of Functions 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
-End-
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22 USC Sec. 6531 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6531. Abolition of United States Information Agency
-STATUTE-
The United States Information Agency (other than the Broadcasting
Board of Governors and the International Broadcasting Bureau) is
abolished.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1311, Oct.
21, 1998, 112 Stat. 2681-776.)
-MISC1-
EFFECTIVE DATE
Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1301, Oct.
21, 1998, 112 Stat. 2681-776, provided that: "This title [see
Tables for classification], and the amendments made by this title,
shall take effect on the earlier of -
"(1) October 1, 1999; or
"(2) the date of abolition [Oct. 1, 1999] of the United States
Information Agency pursuant to the reorganization plan described
in section 1601 [22 U.S.C. 6601]."
-End-
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22 USC Sec. 6532 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6532. Transfer of functions
-STATUTE-
(a) In general
There are transferred to the Secretary of State all functions of
the Director of the United States Information Agency and all
functions of the United States Information Agency and any office or
component of such agency, under any statute, reorganization plan,
Executive order, or other provision of law, as of the day before
the effective date of this subchapter.
(b) Exception
Subsection (a) of this section does not apply to the Broadcasting
Board of Governors, the International Broadcasting Bureau, or any
function performed by the Board or the Bureau.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1312, Oct.
21, 1998, 112 Stat. 2681-776.)
-REFTEXT-
REFERENCES IN TEXT
For the effective date of this subchapter, referred to in subsec.
(a), meaning the effective date of title XIII of subdiv. A of div.
G of Pub. L. 105-277, see section 1301 of Pub. L. 105-277, set out
as a note under section 6531 of this title.
-End-
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22 USC Sec. 6533 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6533. Abolition of Office of Inspector General of United
States Information Agency and transfer of functions
-STATUTE-
(a) Abolition of Office
The Office of Inspector General of the United States Information
Agency is abolished.
(b) to (d) Omitted
(e) Transfer of functions
There are transferred to the Office of the Inspector General of
the Department of State and the Foreign Service the functions that
the Office of Inspector General of the United States Information
Agency exercised before the effective date of this subchapter
(including all related functions of the Inspector General of the
United States Information Agency).
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1314, Oct.
21, 1998, 112 Stat. 2681-776.)
-REFTEXT-
REFERENCES IN TEXT
For the effective date of this subchapter, referred to in subsec.
(e), meaning the effective date of title XIII of subdiv. A of div.
G of Pub. L. 105-277, see section 1301 of Pub. L. 105-277, set out
as a note under section 6531 of this title.
-COD-
CODIFICATION
Section is comprised of section 1314 of Pub. L. 105-277. Subsec.
(b) of section 1314 of Pub. L. 105-277 amended section 11 of the
Inspector General Act of 1978, set out in the Appendix to Title 5,
Government Organization and Employees, and subsecs. (c) and (d) of
section 1314 of Pub. L. 105-277 amended section 5315 of Title 5 and
section 6207 of this title, respectively.
-End-
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22 USC Part B - International Broadcasting 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part B - International Broadcasting
-HEAD-
PART B - INTERNATIONAL BROADCASTING
-End-
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22 USC Sec. 6541 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part B - International Broadcasting
-HEAD-
Sec. 6541. Congressional findings and declaration of purpose
-STATUTE-
Congress finds that -
(1) it is the policy of the United States to promote the right
of freedom of opinion and expression, including the freedom "to
seek, receive, and impart information and ideas through any media
and regardless of frontiers", in accordance with Article 19 of
the Universal Declaration of Human Rights;
(2) open communication of information and ideas among the
peoples of the world contributes to international peace and
stability, and the promotion of such communication is in the
interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the requirements of
this part and the United States International Broadcasting Act of
1994 [22 U.S.C. 6201 et seq.]; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1321, Oct.
21, 1998, 112 Stat. 2681-777.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in par. (3), was in the original "this
chapter", meaning chapter 3 (Secs. 1321-1328) of title XIII of
subdiv. A of div. G of Pub. L. 105-277, Oct. 21, 1998, 112 Stat.
2681-777. For complete classification of chapter 3 to the Code, see
Tables.
The United States International Broadcasting Act of 1994,
referred to in par. (3), is title III of Pub. L. 103-236, Apr. 30,
1994, 108 Stat. 432, as amended, which is classified principally to
chapter 71 (Sec. 6201 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 6201 of this title and Tables.
-End-
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22 USC Sec. 6542 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part B - International Broadcasting
-HEAD-
Sec. 6542. Transfer of broadcasting related funds, property, and
personnel
-STATUTE-
(a) Transfer and allocation of property and appropriations
(1) In general
The assets, liabilities (including contingent liabilities
arising from suits continued with a substitution or addition of
parties under section 6543(d) of this title), contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available in
connection with the functions and offices of USIA transferred to
the Broadcasting Board of Governors by this part shall be
transferred to the Broadcasting Board of Governors for
appropriate allocation.
(2) Additional transfers
In addition to the transfers made under paragraph (1), there
shall be transferred to the Chairman of the Broadcasting Board of
Governors the assets, contracts, property, records, and
unexpended balance of appropriations, authorizations,
allocations, and other funds, as determined by the Secretary, in
concurrence with the Broadcasting Board of Governors, to support
the functions transferred by this part.
(b) Transfer of personnel
Notwithstanding any other provision of law -
(1) except as provided in subsection (c) of this section, all
personnel and positions of USIA employed or maintained to carry
out the functions transferred by this part to the Broadcasting
Board of Governors shall be transferred to the Broadcasting Board
of Governors 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; and
(2) the personnel and positions of USIA, as determined by the
Secretary of State, with the concurrence of the Broadcasting
Board of Governors and the Director of USIA, to support the
functions transferred by this part shall be transferred to the
Broadcasting Board of Governors, including the International
Broadcasting Bureau, 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.
(c) Transfer and allocation of property, appropriations, and
personnel associated with Worldnet
USIA personnel responsible for carrying out interactive dialogs
with foreign media and other similar overseas public diplomacy
programs using the Worldnet television broadcasting system, and
funds associated with such personnel, shall be transferred to the
Department of State in accordance with the provisions of subchapter
VI of this chapter.
(d) Incidental transfers
The Director of the Office of Management and Budget, when
requested by the Broadcasting Board of Governors, is authorized 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 functions and offices transferred from
USIA, as may be necessary to carry out the provisions of this
section.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1326, Oct.
21, 1998, 112 Stat. 2681-782.)
-REFTEXT-
REFERENCES IN TEXT
This part, referred to in subsecs. (a) and (b), was in the
original "this chapter", meaning chapter 3 (Secs. 1321-1328) of
title XIII of subdiv. A of div. G of Pub. L. 105-277, Oct. 21,
1998, 112 Stat. 2681-777. For complete classification of chapter 3
to the Code, see Tables.
-End-
-CITE-
22 USC Sec. 6543 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part B - International Broadcasting
-HEAD-
Sec. 6543. Savings provisions
-STATUTE-
(a) Continuing legal force and effect
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, 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
performance of functions exercised by the Broadcasting Board of
Governors of the United States Information Agency on the day
before the effective date of this subchapter, and
(2) that are in effect at the time this subchapter takes
effect, or were final before the effective date of this
subchapter and are to become effective on or after the effective
date of this 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 Broadcasting Board of Governors, or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Pending proceedings
(1) In general
The provisions of this part, or amendments made by this part,
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the
Broadcasting Board of Governors of the United States Information
Agency at the time this subchapter takes effect, with respect to
functions exercised by the Board as of the effective date of this
subchapter but such proceedings and applications shall be
continued.
(2) Orders, appeals, and payments
Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such
orders, as if this part had not been enacted, and orders issued
in any such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of law.
(3) Statutory construction
Nothing in this subsection 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 part
had not been enacted.
(c) Nonabatement of proceedings
No suit, action, or other proceeding commenced by or against any
officer in the official capacity of such individual as an officer
of the Broadcasting Board of Governors, or any commission or
component thereof, shall abate by reason of the enactment of this
part. No cause of action by or against the Broadcasting Board of
Governors, or any commission or component thereof, or by or against
any officer thereof in the official capacity of such officer, shall
abate by reason of the enactment of this part.
(d) Continuation of proceedings with substitution of parties
(1) Substitution of parties
If, before the effective date of this subchapter, USIA or the
Broadcasting Board of Governors, or any officer thereof in the
official capacity of such officer, is a party to a suit which is
related to the functions transferred by this part, then effective
on such date such suit shall be continued with the Broadcasting
Board of Governors or other appropriate official of the Board
substituted or added as a party.
(2) Liability of the Board
The Board shall participate in suits continued under paragraph
(1) where the Broadcasting Board of Governors or other
appropriate official of the Board is added as a party and shall
be liable for any judgments or remedies in those suits or
proceedings arising from the exercise of the functions
transferred by this part to the same extent that USIA would have
been liable if such judgment or remedy had been rendered on the
day before the abolition of USIA.
(e) Administrative actions relating to promulgation of regulations
Any administrative action relating to the preparation or
promulgation of a regulation by the Broadcasting Board of Governors
relating to a function exercised by the Board before the effective
date of this subchapter may be continued by the Board with the same
effect as if this part had not been enacted.
(f) References
Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
relating to the Broadcasting Board of Governors of the United
States Information Agency with regard to functions exercised before
the effective date of this subchapter, shall be deemed to refer to
the Board.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1327, Oct.
21, 1998, 112 Stat. 2681-783.)
-REFTEXT-
REFERENCES IN TEXT
For the effective date of this subchapter, referred to in
subsecs. (a), (b)(1), (d)(1), (e), and (f), meaning the effective
date of title XIII of subdiv. A of div. G of Pub. L. 105-277, see
section 1301 of Pub. L. 105-277, set out as a note under section
6531 of this title.
This part, referred to in subsecs. (b) to (e), was in the
original "this chapter", meaning chapter 3 (Secs. 1321-1328) of
title XIII of subdiv. A of div. G of Pub. L. 105-277, Oct. 21,
1998, 112 Stat. 2681-777. For complete classification of chapter 3
to the Code, see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6542, 6615 of this title.
-End-
-CITE-
22 USC Sec. 6544 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part B - International Broadcasting
-HEAD-
Sec. 6544. Report on privatization of RFE/RL, Incorporated
-STATUTE-
Not later than March 1 of each year, the Broadcasting Board of
Governors shall submit to the appropriate congressional committees
a report on the progress of the Board and of RFE/RL, Incorporated,
on any steps taken to further the policy declared in section
6211(a) of this title. The report under this subsection shall
include the following:
(1) Efforts by RFE/RL, Incorporated, to terminate individual
language services.
(2) A detailed description of steps taken with regard to
section 6211(a) of this title.
(3) An analysis of prospects for privatization over the coming
year.
(4) An assessment of the extent to which United States
Government funding may be appropriate in the year 2000 and
subsequent years for surrogate broadcasting to the countries to
which RFE/RL, Incorporated, broadcast during the year. This
assessment shall include an analysis of the environment for
independent media in those countries, noting the extent of
government control of the media, the ability of independent
journalists and news organizations to operate, relevant domestic
legislation, level of government harassment and efforts to
censor, and other indications of whether the people of such
countries enjoy freedom of expression.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1328, Oct.
21, 1998, 112 Stat. 2681-784.)
-End-
-CITE-
22 USC Part C - Conforming Amendments 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part C - Conforming Amendments
-HEAD-
PART C - CONFORMING AMENDMENTS
-End-
-CITE-
22 USC Sec. 6551 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part C - Conforming Amendments
-HEAD-
Sec. 6551. References
-STATUTE-
(a) In general
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 -
(1) the Director of the United States Information Agency or the
Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
(b) Continuing references to USIA or Director
Subsection (a) of this section shall not apply to section
4069a(f), 4069b(g), or 4069c(f) of this title.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1331, Oct.
21, 1998, 112 Stat. 2681-785.)
-REFTEXT-
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.
Section 4069a(f), 4069b(g), or 4069c(f) of this title, referred
to in subsec. (b), was in the original "section 146(a), (b), or (c)
of the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991" meaning section 146(a), (b), (c) of Pub. L. 101-246, title I,
Feb. 16, 1990, 104 Stat. 37, which amended sections 830, 831, and
832, respectively, of the Foreign Service Act of 1980, by adding
subsecs. (f), (g), and (f), respectively, to those sections which
are classified to sections 4069a(f), 4069b(g), and 4069c(f) of this
title.
-End-
-CITE-
22 USC Sec. 6552 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part C - Conforming Amendments
-HEAD-
Sec. 6552. Application of certain laws
-STATUTE-
(a) Application to functions of Department of State
Section 1461 of this title, section 1461-1 of this title, and
section 1461-1a of this title shall not apply to public affairs and
other information dissemination functions of the Secretary of State
as carried out prior to any transfer of functions pursuant to this
chapter.
(b) Application to functions transferred to Department of State
Section 1461 of this title, section 1461-1 of this title, and
section 1461-1a of this title shall apply only to public diplomacy
programs of the Director of the United States Information Agency as
carried out prior to any transfer of functions pursuant to this
chapter to the same extent that such programs were covered by these
provisions prior to such transfer.
(c) Limitation on use of funds
(1) Except as provided in section 1461 of this title and section
1461-1a of this title, funds specifically authorized to be
appropriated for such public diplomacy programs, identified as
public diplomacy funds in any Congressional Presentation Document
described in subsection (e) of this section, or reprogrammed for
public diplomacy purposes, shall not be used to influence public
opinion in the United States, and no program material prepared
using such funds shall be distributed or disseminated in the United
States.
(2) Construction. - Nothing in paragraph (1) may be construed (A)
to interfere with the integration of administrative resources
between public diplomacy and other functions of the Department of
State or to prevent the occasional performance of functions other
than public diplomacy by officials or employees of the Department
of State who are primarily assigned to public diplomacy, provided
there is no substantial resulting diminution in the amount of
resources devoted to public diplomacy below the amounts described
in paragraph (1), or (B) to supersede reprogramming procedures.
(d) Reporting requirements
The report submitted pursuant to section 6601(f) of this title
shall include a detailed statement of the manner in which the
special mission of public diplomacy carried out by USIA prior to
the transfer of functions under this chapter shall be preserved
within the Department of State, including the planned duties and
responsibilities of any new bureaus that will perform such public
diplomacy functions. Such report shall also include the best
available estimates of -
(1) the amounts expended by the Department of State for public
affairs programs during fiscal year 1998, and on the personnel
and support costs for such programs;
(2) the amounts expended by USIA for its public diplomacy
programs during fiscal year 1998, and on the personnel and
support costs for such programs; and
(3) the amounts, including funds to be transferred from USIA
and funds appropriated to the Department, that will be allocated
for the programs described in paragraphs (1) and (2),
respectively, during the fiscal year in which the transfer of
functions from USIA to the Department occurs.
(e) Congressional Presentation Document
The Department of State's Congressional Presentation Document for
fiscal year 2000 and each fiscal year thereafter shall include -
(1) the aggregated amounts that the Department will spend on
such public diplomacy programs and on costs of personnel for such
programs, and a detailed description of the goals and purposes
for which such funds shall be expended; and
(2) the amount of funds allocated to and the positions
authorized for such public diplomacy programs, including bureaus
to be created upon the transfer of functions from USIA to the
Department.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1333, Oct.
21, 1998, 112 Stat. 2681-785; Pub. L. 106-113, div. B, Sec.
1000(a)(7) [div. A, title III, Sec. 304], Nov. 29, 1999, 113 Stat.
1536, 1501A-434.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and (d), 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.
-MISC1-
AMENDMENTS
1999 - Subsec. (c). Pub. L. 106-113 designated existing
provisions as par. (1), inserted ", identified as public diplomacy
funds in any Congressional Presentation Document described in
subsection (e) of this section, or reprogrammed for public
diplomacy purposes," after "diplomacy programs", and added par.
(2).
-End-
-CITE-
22 USC Sec. 6553 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER III - UNITED STATES INFORMATION AGENCY
Part C - Conforming Amendments
-HEAD-
Sec. 6553. Sunset of United States Advisory Commission on Public
Diplomacy
-STATUTE-
The United States Advisory Commission on Public Diplomacy,
established under section 1469 of this title and section 8 of
Reorganization Plan Numbered 2 of 1977, shall continue to exist and
operate under such provisions of law until October 1, 2005.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1334, Oct.
21, 1998, 112 Stat. 2681-786; Pub. L. 106-113, div. B, Sec.
1000(a)(7) [div. A, title IV, Sec. 404(a)], Nov. 29, 1999, 113
Stat. 1536, 1501A-446; Pub. L. 107-77, title IV, Sec. 407(a), Nov.
28, 2001, 115 Stat. 790.)
-REFTEXT-
REFERENCES IN TEXT
Section 8 of Reorganization Plan Numbered 2 of 1977, referred to
in text, is set out as a note under section 1461 of this title and
in the Appendix to Title 5, Government Organization and Employees.
-MISC1-
AMENDMENTS
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 provisions 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.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-77, title IV, Sec. 407(b), Nov. 28, 2001, 115 Stat.
790, provided that: "The amendment made by subsection (a) [amending
this section] shall take effect as if included in the enactment of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 [H.R. 3427, as
enacted by Pub. L. 106-113, div. B, Sec. 1000(a)(7)]."
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec.
404(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that:
"The amendment made by subsection (a) [amending this section] shall
take effect as if included in the enactment of the Foreign Affairs
Reform and Restructuring Act of 1998 [Pub. L. 105-277, div. G, see
Short Title note set out under section 6501 of this title]."
-End-
-CITE-
22 USC SUBCHAPTER IV - UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION
AGENCY 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
-HEAD-
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
-End-
-CITE-
22 USC Part A - Abolition and Transfer of Functions 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
PART A - ABOLITION AND TRANSFER OF FUNCTIONS
-End-
-CITE-
22 USC Sec. 6561 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6561. Abolition of United States International Development
Cooperation Agency
-STATUTE-
(a) In general
Except for the components specified in subsection (b) of this
section, the United States International Development Cooperation
Agency (including the Institute for Scientific and Technological
Cooperation) is abolished.
(b) AID and OPIC exempted
Subsection (a) of this section does not apply to the Agency for
International Development or the Overseas Private Investment
Corporation.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1411, Oct. 21,
1998, 112 Stat. 2681-790.)
-MISC1-
EFFECTIVE DATE
Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1401, Oct.
21, 1998, 112 Stat. 2681-790, provided that: "This title [see
Tables for classification], and the amendments made by this title,
shall take effect on the earlier of -
"(1) April 1, 1999; or
"(2) the date of abolition [Apr. 1, 1999] of the United States
International Development Cooperation Agency pursuant to the
reorganization plan described in section 1601 [22 U.S.C. 6601]."
-End-
-CITE-
22 USC Sec. 6562 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6562. Transfer of functions and authorities
-STATUTE-
(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 Agency 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 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 authorities and functions have not been
repealed, be transferred to those agencies or heads of agencies, as
the case may be, in which those authorities and functions were
vested by statute as of the day before the effective date of such
reorganization plan.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1412, Oct. 21,
1998, 112 Stat. 2681-790.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order No. 12163, referred to in subsec. (a), is Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, which is
set out as a note under section 2381 of this title. Section 1-801
of Ex. Ord. No. 12163 was deleted in the general amendment of Part
1-8 of Ex. Ord. No. 12163 by Ex. Ord. No. 13118, Sec. 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, Secs. 1401,
1422(a)(1), Oct. 21, 1998, 112 Stat. 2681-790, 2681-792.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6563, 6571 of this title.
-End-
-CITE-
22 USC Sec. 6563 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part A - Abolition and Transfer of Functions
-HEAD-
Sec. 6563. Status of AID
-STATUTE-
(a) In general
Unless abolished pursuant to the reorganization 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 described in section 104 of title 5.
(b) Retention of officers
Nothing in this section shall require the reappointment of any
officer of the United States serving in the Agency for
International Development of the United States International
Development Cooperation Agency as of the day before the effective
date of this subchapter.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1413, Oct. 21,
1998, 112 Stat. 2681-791.)
-REFTEXT-
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.
-End-
-CITE-
22 USC Part B - Miscellaneous Provisions 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part B - Miscellaneous Provisions
-HEAD-
PART B - MISCELLANEOUS PROVISIONS
-End-
-CITE-
22 USC Sec. 6571 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER IV - UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
Part B - Miscellaneous Provisions
-HEAD-
Sec. 6571. References
-STATUTE-
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 section 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 section 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 section 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.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1421, Oct. 21,
1998, 112 Stat. 2681-791.)
-REFTEXT-
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.
-End-
-CITE-
22 USC SUBCHAPTER V - AGENCY FOR INTERNATIONAL
DEVELOPMENT 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
-HEAD-
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
-End-
-CITE-
22 USC Part A - Reorganization and Transfer of Functions 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part A - Reorganization and Transfer of Functions
-HEAD-
PART A - REORGANIZATION AND TRANSFER OF FUNCTIONS
-End-
-CITE-
22 USC Sec. 6581 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part A - Reorganization and Transfer of Functions
-HEAD-
Sec. 6581. Reorganization of Agency for International Development
-STATUTE-
(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 International Development
shall provide, at a minimum, for the transfer to and consolidation
with the Department of State of the following functions of AID:
(1) The Press office.
(2) Certain administrative functions.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XV, Sec. 1511, Oct. 21,
1998, 112 Stat. 2681-793.)
-REFTEXT-
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.
-MISC1-
EFFECTIVE DATE
Pub. L. 105-277, div. G, subdiv. A, title XV, Sec. 1501, Oct. 21,
1998, 112 Stat. 2681-793, provided that: "This title [enacting this
subchapter], and the amendments made by this title, shall take
effect on the earlier of -
"(1) April 1, 1999; or
"(2) the date of reorganization [Apr. 1, 1999] of the Agency
for International Development pursuant to the reorganization plan
described in section 1601 [22 U.S.C. 6601]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6601 of this title.
-End-
-CITE-
22 USC Part B - Authorities of Secretary of State 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part B - Authorities of Secretary of State
-HEAD-
PART B - AUTHORITIES OF SECRETARY OF STATE
-End-
-CITE-
22 USC Sec. 6591 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part B - Authorities of Secretary of State
-HEAD-
Sec. 6591. "United States assistance" defined
-STATUTE-
In this part, the term "United States assistance" means
development and other economic assistance, including assistance
made available under the following provisions of law:
(1) Chapter 1 of part I of the Foreign Assistance Act of 1961
[22 U.S.C. 2151 et seq.] (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act of 1961
[22 U.S.C. 2346 et seq.] (relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act of 1961
[22 U.S.C. 2293 et seq.] (relating to the Development Fund for
Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act of 1961
[22 U.S.C. 2295 et seq.] (relating to assistance for the
independent states of the former Soviet Union).
(5) The Support for East European Democracy Act (22 U.S.C. 5401
et seq.).
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XV, Sec. 1521, Oct. 21,
1998, 112 Stat. 2681-794.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in pars. (1) to
(4), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.
Chapters 1, 10, and 11 of part I of the Act are classified
generally to parts I (Sec. 2151 et seq.), X (Sec. 2293 et seq.),
and XI (Sec. 2295 et seq.), respectively, of subchapter I of
chapter 32 of this title. Chapter 4 of part II of the Act is
classified generally to part IV (Sec. 2346 et seq.) of subchapter
II of chapter 32 of this title. For provisions deeming references
to part I of subchapter I to include a reference to section 2293 of
this title, see section 2293(d)(1) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
The Support for East European Democracy Act, referred to in par.
(5), probably means the Support for East European Democracy (SEED)
Act of 1989, Pub. L. 101-179, Nov. 28, 1989, 103 Stat. 1298, as
amended, which is classified principally to chapter 63 (Sec. 5401
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 5401 of this
title and Tables.
-End-
-CITE-
22 USC Sec. 6592 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part B - Authorities of Secretary of State
-HEAD-
Sec. 6592. Administrator of AID reporting to Secretary of State
-STATUTE-
The Administrator of the Agency for International Development,
appointed pursuant to section 2384(a) of this title, shall report
to and be under the direct authority and foreign policy guidance of
the Secretary of State.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XV, Sec. 1522, Oct. 21,
1998, 112 Stat. 2681-794.)
-End-
-CITE-
22 USC Sec. 6593 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER V - AGENCY FOR INTERNATIONAL DEVELOPMENT
Part B - Authorities of Secretary of State
-HEAD-
Sec. 6593. Assistance programs coordination and oversight
-STATUTE-
(a) Authority of Secretary of State
(1) In general
Under the direction of the President, the Secretary of State
shall coordinate all United States assistance in accordance with
this section, except as provided in paragraphs (2) and (3).
(2) Export promotion activities
Coordination of activities relating to promotion of exports of
United States goods and services shall continue to be primarily
the responsibility of the Secretary of Commerce.
(3) International economic activities
Coordination of activities relating to United States
participation in international financial institutions and
relating to organization of multilateral efforts aimed at
currency stabilization, currency convertibility, debt reduction,
and comprehensive economic reform programs shall continue to be
primarily the responsibility of the Secretary of the Treasury.
(4) Authorities and powers of the Secretary of State
The powers and authorities of the Secretary provided in this
part are in addition to the powers and authorities provided to
the Secretary under any other Act, including section 101(b) and
section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151(b), 2382(c)).
(b) Coordination activities
Coordination activities of the Secretary of State under
subsection (a) of this section shall include -
(1) approving an overall assistance and economic cooperation
strategy;
(2) ensuring program and policy coordination among agencies of
the United States Government in carrying out the policies set
forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.], and
other relevant assistance Acts;
(3) pursuing coordination with other countries and
international organizations; and
(4) resolving policy, program, and funding disputes among
United States Government agencies.
(c) Statutory construction
Nothing in this section may be construed to lessen the
accountability of any Federal agency administering any program,
project, or activity of United States assistance for any funds made
available to the Federal agency for that purpose.
(d) Authority to provide personnel of Agency for International
Development
The Administrator of the Agency for International 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.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XV, Sec. 1523, Oct. 21,
1998, 112 Stat. 2681-794.)
-REFTEXT-
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec.
(b)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.)
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 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, as amended, which is
classified principally to chapter 39 (Sec. 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.
-End-
-CITE-
22 USC SUBCHAPTER VI - TRANSITION 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
-HEAD-
SUBCHAPTER VI - TRANSITION
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 6542 of this title.
-End-
-CITE-
22 USC Part A - Reorganization Plan 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part A - Reorganization Plan
-HEAD-
PART A - REORGANIZATION PLAN
-End-
-CITE-
22 USC Sec. 6601 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part A - Reorganization Plan
-HEAD-
Sec. 6601. Reorganization plan and report
-STATUTE-
(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 Cooperation Agency in
accordance with this chapter;
(2) with respect to the Agency for International Development,
the consolidation and streamlining of the Agency and the transfer
of certain functions of the Agency to the Department in
accordance with section 6581 of this title;
(3) the termination of functions of each covered agency as may
be necessary to effectuate the reorganization under this chapter,
and the termination of the affairs of each agency abolished under
this chapter;
(4) the transfer to the Department of the functions and
personnel of each covered agency consistent with the provisions
of this chapter; and
(5) the consolidation, reorganization, and streamlining of the
Department in connection with the transfer of such functions and
personnel 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 Disarmament Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation
Agency.
(4) The Agency for International Development.
(c) Plan elements
The plan transmitted under subsection (a) of this section shall
contain, consistent with this chapter, such elements as the
President deems appropriate, including elements that -
(1) identify the functions of each covered agency that will be
transferred to the Department under the plan;
(2) specify the steps to be taken by the Secretary 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 permit the Department to carry out the
functions transferred to it under the plan;
(3) specify the funds available to each covered agency that
will be transferred to the Department as a result of the transfer
of functions of such agency to the Department;
(4) specify the proposed allocations within the Department of
unexpended funds transferred in connection with the transfer of
functions 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 International Development
In addition to applicable provisions of subsection (c) of this
section, the reorganization plan transmitted under this section for
the Agency for International 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 consolidation, reorganization,
and streamlining of AID, including -
(i) the termination of functions and reductions in
personnel of AID;
(ii) the transfer of functions of AID, and the personnel
associated with such functions, to the Department; and
(iii) the consolidation, reorganization, and streamlining
of the Department upon the transfer of such functions and
personnel in order to carry out the functions transferred.
(e) Modification of plan
The President may, on the basis of consultations with the
appropriate congressional committees, modify or revise any part of
the plan transmitted under subsection (a) of this section until
that part of the plan becomes effective in accordance with
subsection (g) of this section.
(f) Report
The report accompanying the reorganization plan for the
Department and the covered agencies submitted pursuant to this
section shall describe 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 administrative 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
transfers, separations, and terminations;
(3) the number of personnel and positions of the Department
(including civil service personnel, 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
transfers, 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 revisions of the plan under subsection (e)
of this section, shall become 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 section are the following:
(A) April 1, 1999, with respect to functions of the Agency
for International Development described in section 6581 of this
title.
(B) April 1, 1999, with respect to the abolition 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 abolition of the
United States Information Agency.
(3) Effective date by Presidential determination
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
published 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 committees
pursuant to subsection (a) of this section.
(4) Statutory construction
Nothing in this subsection may be construed to require the
transfer of functions, personnel, records, balance of
appropriations, or other assets 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 section shall be
printed in the Federal Register after the date upon which it first
becomes effective.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1601, Oct. 21,
1998, 112 Stat. 2681-795.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (3), (4), (c), and
(f)(5), 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.
-EXEC-
DELEGATION OF 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
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6552, 6563, 6581, 6611 of
this title.
-End-
-CITE-
22 USC Part B - Reorganization Authority 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
PART B - REORGANIZATION AUTHORITY
-End-
-CITE-
22 USC Sec. 6611 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6611. Reorganization authority
-STATUTE-
(a) In general
The Secretary is authorized, subject to the requirements of this
chapter, to allocate or reallocate any function transferred to the
Department under any subchapter of this chapter, and to establish,
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.
(b) Requirements and limitations on reorganization 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 executive department or independent agency;
or
(5) increasing the term of an office beyond that provided by
law for the office.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1611, Oct. 21,
1998, 112 Stat. 2681-798.)
-REFTEXT-
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.
-End-
-CITE-
22 USC Sec. 6612 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6612. Transfer and allocation of appropriations
-STATUTE-
(a) In general
Except as otherwise provided in this chapter, the assets,
liabilities (including contingent liabilities 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 appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, available to,
or to be made available in connection with the functions and
offices, or portions thereof, transferred by any subchapter of this
chapter shall be transferred to the Secretary for appropriate
allocation.
(b) Limitation on use of transferred funds
Except as provided in subsection (c) of this section, unexpended
and unobligated funds transferred pursuant 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) of this section
may be available for the purposes of reorganization subject to
notification of the appropriate congressional committees in
accordance with the procedures applicable to a reprogramming 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 another such account for the purposes of
reorganization, subject to notification of the appropriate
congressional committees in accordance with the procedures
applicable to a reprogramming 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.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1612, Oct. 21,
1998, 112 Stat. 2681-798.)
-REFTEXT-
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 subdivision to the Code, see Short Title
note set out under section 6501 of this title and Tables.
-End-
-CITE-
22 USC Sec. 6613 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6613. Transfer, appointment, and assignment of personnel
-STATUTE-
(a) Transfer of personnel from ACDA and USIA
Except as otherwise provided in subchapter III of this chapter -
(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 of this chapter,
not later than the date of transfer of any function of AID to the
Department of State under this chapter, all AID personnel
performing such functions and all positions associated 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 salary
rate and with the same tenure held immediately 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) of this section, 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 virtue 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 tenure 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 foreign 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 Department 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 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
consent of the Senate.
(d) Superseding other provisions of law
Subsections (a) through (c) of this section shall be exercised
notwithstanding any other provision of law.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1613, Oct. 21,
1998, 112 Stat. 2681-799; Pub. L. 106-113, div. B, Sec. 1000(a)(7)
[div. A, title III, Sec. 341], Nov. 29, 1999, 113 Stat. 1536,
1501A-444.)
-REFTEXT-
REFERENCES IN TEXT
Subchapter III of this chapter, 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, as amended,
known as the Foreign Affairs Reform and Restructuring 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 intent of Congress.
-MISC1-
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 minorities within the foreign 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 Department of State.".
-End-
-CITE-
22 USC Sec. 6614 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6614. Incidental transfers
-STATUTE-
The Director of the Office of Management and Budget, when
requested by the Secretary, is authorized 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.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1614, Oct. 21,
1998, 112 Stat. 2681-799.)
-REFTEXT-
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.
-End-
-CITE-
22 USC Sec. 6615 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6615. Savings provisions
-STATUTE-
(a) Continuing legal force and effect
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, 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
performance 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 effective date of such
subchapter and are to become 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 official,
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, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or
financial assistance pending on the effective date of any
subchapter of this chapter 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 extent that they relate to functions so transferred, shall be
continued.
(2) Orders, appeals, payments
Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments 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, superseded, 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 of proceedings continued under this
subsection to the Department.
(c) No effect on judicial or administrative proceedings
Except as provided in subsection (e) of this section and section
6543(d) of this title -
(1) the provisions of this chapter shall not affect suits
commenced prior to the effective dates of the respective
subchapters of this chapter; and
(2) in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and effect as if this
chapter had not been enacted.
(d) Nonabatement of proceedings
No suit, action, or other proceeding commenced by or against any
officer in the official capacity of such individual as an officer
of any Federal agency, or any commission or component thereof,
functions of which are transferred by any subchapter of this
chapter, shall abate by reason of the enactment of this chapter. No
cause of action by or against any Federal agency, or any commission
or component thereof, functions of which are transferred by any
subchapter of this chapter, or by or against any officer thereof in
the official capacity of such officer shall abate by reason of the
enactment of this chapter.
(e) Continuation of proceeding with substitution of parties
If, before the effective date of any subchapter of this chapter,
any Federal agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this chapter any
function of such department, agency, or officer is transferred to
the Secretary or any other official of the Department, then
effective on such date such suit shall be continued with the
Secretary or other appropriate official of the Department
substituted or added as a party.
(f) Reviewability of orders and actions under transferred functions
Orders and actions of the Secretary in the exercise of functions
transferred under any subchapter of this chapter shall be subject
to judicial review to the same extent and in the same manner as if
such orders and actions had been by the Federal agency or office,
or part thereof, exercising such functions immediately preceding
their transfer. Any statutory requirements relating to notice,
hearings, action upon the record, or administrative review that
apply to any function transferred by any subchapter of this chapter
shall apply to the exercise of such function by the Secretary.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1615, Oct. 21,
1998, 112 Stat. 2681-800.)
-REFTEXT-
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.
The effective dates of the respective subchapters of this
chapter, referred to in subsecs. (a)(2), (b)(1), (c)(1), and (e),
was in the original, references to the effective dates of the
respective titles of this subdivision, meaning the effective dates
of titles XI to XVI of subdiv. A of div. G of Pub. L. 105-277, Oct.
21, 1998, 112 Stat. 765. Titles XI and XVI of subdiv. A of div. G
of Pub. L. 105-277 are effective Oct. 21, 1998. For the effective
dates of titles XII, XIII, XIV, and XV of subdiv. A of div. G of
Pub. L. 105-277, see sections 1201, 1301, 1401, and 1501,
respectively, of div. G of Pub. L. 105-277, set out as notes under
sections 6511, 6531, 6561, and 6581, respectively, of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6612 of this title.
-End-
-CITE-
22 USC Sec. 6616 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6616. Authority of Secretary of State to facilitate transition
-STATUTE-
Notwithstanding any provision of this chapter, the Secretary of
State, with the concurrence of the head of the appropriate Federal
agency exercising functions transferred under this chapter, may
transfer the whole or part of such functions prior to the effective
dates established in this chapter, including the transfer of
personnel and funds associated with such functions.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1616, Oct. 21,
1998, 112 Stat. 2681-801.)
-REFTEXT-
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.
-End-
-CITE-
22 USC Sec. 6617 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION
SUBCHAPTER VI - TRANSITION
Part B - Reorganization Authority
-HEAD-
Sec. 6617. Final report
-STATUTE-
Not later than January 1, 2001, the President, in consultation
with the Secretary of the Treasury and the Director of the Office
of Management and Budget, shall submit to the appropriate
congressional committees a report which provides a final accounting
of the finances and operations of the agencies abolished under this
chapter.
-SOURCE-
(Pub. L. 105-277, div. G, subdiv. A, title XVI, Sec. 1617, Oct. 21,
1998, 112 Stat. 2681-801.)
-REFTEXT-
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.
-End-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |