§6601 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must send a plan and a report to the right congressional committees no later than 60 days after October 21, 1998. The plan must explain how these agencies will be handled: the United States Arms Control and Disarmament Agency (an arms control office), the United States Information Agency (a public diplomacy office), the United States International Development Cooperation Agency (an international development coordinating office), and the Agency for International Development (AID, the main U.S. aid agency). The plan must show which agency jobs and duties move to the Department of State, how State will reorganize to do the new work, how money and unspent funds will move, and what will happen to property, contracts, records, and debts. For AID, the plan can either move all functions to State or move only the specific functions listed in law and also may include further cuts, transfers of staff, and other streamlining. The President may change the plan until each part becomes effective. The report must describe steps already taken, the orders or actions needed, how many people and positions will move or be eliminated (with schedules), a schedule to finish the changes, and any needed law changes. The plan becomes effective either on the dates listed below or on a date the President announces in the Federal Register that is at least 90 calendar days after the plan was sent: April 1, 1999 for the AID functions in the law and for abolishing the arms control and international development cooperation agencies, and October 1, 1999 for abolishing the Information Agency. Transfers do not all have to happen on one day. The final plan must be printed in the Federal Register after it takes effect.

Title 22, §6601

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)The plan transmitted under subsection (a) 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)In addition to applicable provisions of subsection (c), 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)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) until that part of the plan becomes effective in accordance with subsection (g).

(f)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)(1)The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (e), 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)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)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).

(4)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)Paragraph (1) shall apply notwithstanding section 905(b) of title 5.

(h)The reorganization plan described in this section shall be printed in the Federal Register after the date upon which it first becomes effective.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (3), (4), (c), and (f)(5), was in the original “this subdivision”, 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.

Executive Documents

Delegation of the Functions Vested in the President by section 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 section 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.

§6601 Reorganization Plan and Report