§9686 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

When an agency is moved into the Corporation, finished agency actions stay in effect until a U.S. official, a court, or the law changes them. Finished actions include things like orders, rules, permits, contracts, licenses, grants, personnel actions, agreements, certificates, policies, registrations, and privileges. Ongoing work—such as rulemaking, license or grant applications, and court cases—keeps going the same way it would have if the agency had not moved. Orders, appeals, and payments tied to those matters continue until properly changed. Old laws, executive orders, rules, or delegations made before the move or before October 5, 2018 are treated as referring to the Corporation and its officials or units when appropriate. The Corporation, together with the Director of the Office of Personnel Management, may keep the pre‑October 5, 2018 employment rules for transferred staff. Moving employees to the Corporation does not change their pay or job terms unless this law specifically allows it. Any statutory reporting duties that named the agency before October 5, 2018 still apply after the move.

Title 22, §9686

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Completed administrative actions of an agency shall not be affected by the enactment of this Act or the transfer of such agency to the Corporation under section 9683 of this title, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law.

(2)In this subsection, the term “completed administrative action” includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, policies, licenses, registrations, and privileges.

(b)(1)Pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of the agency to the Corporation, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred.

(2)Orders issued in proceedings described in paragraph (1), and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this chapter had not been enacted or the agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.

(c)Pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of an agency to the Corporation, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred.

(d)References relating to an agency that is transferred to the Corporation under section 9683 of this title in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or October 5, 2018, shall be deemed to refer, as appropriate, to the Corporation, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to such an agency immediately before the effective date of this chapter shall continue to apply following such transfer if they refer to the agency by name.

(e)(1)The Corporation may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before October 5, 2018, relating to employment in any agency transferred to the Corporation under section 9683 of this title.

(2)Except as otherwise provided in this chapter, or under authority granted by this chapter, the transfer pursuant to this subchapter of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred.

(f)Any statutory reporting requirement that applied to an agency transferred to the Corporation under this subchapter immediately before October 5, 2018, shall continue to apply following that transfer if the statutory requirement refers to the agency by name.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The enactment of this Act, referred to in subsecs. (a)(1), (b)(1), and (c), means the enactment of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3186, known as the FAA Reauthorization Act of 2018. For complete classification of this Act to the Code, see

Short Title

note set out under section 40101 of Title 49, Transportation, and Tables. This chapter, referred to in subsecs. (b)(2), (d), and (e)(2), 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. The

Effective Date

of this chapter, referred to in subsec. (d), probably means the date of enactment of Pub. L. 115–254, which enacted this chapter and which was approved Oct. 5, 2018. This subchapter, referred to in subsecs. (e)(2) and (f), 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.

§9686 Savings provisions

Summary

Title 22, §9686

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Effective Date

Amendments

Citations & Metadata