§6611 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary can move duties around and create, combine, change, or close parts of the Department to carry out a reorganization, as long as the chapter’s rules are followed. The Secretary cannot change laws that define what any bureau, office, or officer must do. A reorganization plan sent to Congress cannot do any of these five things: create a new executive department; keep a function past the time allowed by law; let an agency do something not allowed when the plan is sent; create a new agency that is not part of an existing department or an independent agency; or make someone’s office term longer than the law allows.

Title 22, §6611

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

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.

§6611 Reorganization Authority