§9685 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Officials in charge of an agency on the day before October 5, 2018 must help the Corporation get ready to take over that agency. They must give assistance the Corporation asks for, including people and assets. During the transition, agency heads may lend staff or services to the Corporation, repayable or not. While the Senate is still deciding on certain top jobs, the President may temporarily assign people who already held those confirmed roles to act in them during the transition. Those acting officers get the higher pay of the two jobs. If an officer’s agency moves into the Corporation and their duties stay basically the same, the President does not need Senate approval to appoint them to a Corporation position. When an agency transfers, its people, property, and obligations move to the Corporation with approval by the Director of the Office of Management and Budget and under 31 U.S.C. 1531(a)(2), and the Corporation gains the same powers over the agency that others had before the transfer plus any powers given by law.

Title 22, §9685

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Until the transfer of an agency to the Corporation under section 9683 of this title, any official having authority over, or functions relating to, the agency on the day before October 5, 2018, shall provide to the Corporation such assistance, including the use of personnel and assets, as the Corporation may request in preparing for the transfer and integration of the agency into the Corporation.

(b)During the transition period, upon the request of the Corporation, the head of any executive agency may, on a reimbursable or non-reimbursable basis, provide services or detail personnel to assist with the transition.

(c)(1)During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this chapter to be appointed by and with such advice and consent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer before the end of the transition period (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this chapter. While so acting, such officers shall receive compensation at the higher of—

(A)the rates provided by this chapter for the respective offices in which they act; or

(B)the rates provided for the offices held at the time of designation.

(2)Nothing in this chapter shall be construed to require the advice and consent of the Senate to the appointment by the President to a position in the Corporation of any officer whose agency is transferred to the Corporation pursuant to this subchapter and whose duties following such transfer are germane to those performed before such transfer.

(d)Upon the transfer of an agency to the Corporation under section 9683 of this title—

(1)the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to the Corporation for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with section 1531(a)(2) of title 31; and

(2)the Corporation shall have all functions—

(A)relating to the agency that any other official could by law exercise in relation to the agency immediately before such transfer; and

(B)vested in the Corporation by this chapter or other law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c) and (d)(2)(B), was in the original “this division”, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified principally to this chapter. For complete classification of division F to the Code, see

Short Title

note set out under section 9601 of this title and Tables. This subchapter, referred to in subsec. (c)(2), was in the original “this title”, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to this subchapter and which repealed title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other

Amendments

. For complete classification of title VI to the Code, see Tables.

§9685 Transitional authorities