§9682 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must send a plan to the right congressional committees no later than 120 days after October 5, 2018. Fifteen days before sending it, the President must talk with those committees about the plan. The plan must explain how agencies, staff, property, money, and responsibilities will move to the Corporation. It must also describe any mergers, reorganizations, savings or extra costs from the moves. The plan must say which agency jobs or duties will not move, how the Corporation will be set up and who will do what, what funds each transferred agency will have, how leftover funds will be used inside the Corporation, what will happen to property, contracts, records, and other assets and debts, and how many positions and people will move (including steps to reduce harm to USAID). Transfers can only happen after the Overseas Private Investment Corporation CEO and the USAID Administrator send a joint written report to the House and Senate Foreign Affairs and Appropriations Committees describing how they will coordinate after the move. The plan can be changed, but the President must consult the committees before major changes. The plan takes effect on the date it sets, but not sooner than 90 days after it was sent, and transfers do not all have to happen on one day.

Title 22, §9682

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Not later than 120 days after October 5, 2018, the President shall transmit to the appropriate congressional committees a reorganization plan regarding the following:

(A)The transfer of agencies, personnel, assets, and obligations to the Corporation pursuant to this subchapter.

(B)Any consolidation, reorganization, or streamlining of agencies transferred to the Corporation pursuant to this subchapter.

(C)Any efficiencies or cost savings achieved or additional costs incurred as a result of the transfer of agencies, personnel, assets, and obligations to the Corporation pursuant to this subchapter, including reductions in unnecessary or duplicative operations, assets, and personnel.

(2)Not later than 15 days before the date on which the plan is transmitted pursuant to this subsection, the President shall consult with the appropriate congressional committees on such plan.

(b)The plan transmitted under subsection (a) shall contain, consistent with this chapter, such elements as the President deems appropriate, including the following:

(1)Identification of any functions of agencies transferred to the Corporation pursuant to this subchapter that will not be transferred to the Corporation under the plan.

(2)Specification of the steps to be taken to organize the Corporation, including the delegation or assignment of functions transferred to the Corporation.

(3)Specification of the funds available to each agency that will be transferred to the Corporation as a result of transfers under the plan.

(4)Specification of the proposed allocations within the Corporation of unexpended funds transferred in connection with transfers under the plan.

(5)Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan.

(6)Specification of the number of authorized positions and personnel employed before the end of the transition period that will be transferred to the Corporation, including plans to mitigate the impact of such transfers on the United States Agency for International Development.

(c)(1)The transfer of functions authorized by this section may occur only after the President and Chief Executive Officer of the Overseas Private Investment Corporation and the Administrator of the United States Agency for International Development jointly submit to the Committee on Foreign Affairs and Committee on Appropriations of the House of Representatives and Committee on Foreign Relations and Committee on Appropriations of the Senate a report in writing that contains the information required by paragraph (2).

(2)The information required by this paragraph includes a description in detail of the procedures to be followed after the transfer of functions authorized by this section have occurred to coordinate between the Corporation and the United States Agency for International Development in carrying out the functions so transferred.

(d)The President shall consult with the appropriate congressional committees before making any material modification or revision to the plan before the plan becomes effective in accordance with subsection (e).

(e)(1)The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (c), shall become effective for an agency on the date specified in the plan (or the plan as modified pursuant to subsection (d)), except that such date may not be earlier than 90 days after the date the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a).

(2)Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an agency on a single date.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a)(1) and (b)(1), 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. section 1464(2) of title VI of div. F of Pub. L. 115–254 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)), effective at the end of the transition period, as defined in section 9681 of this title. The reorganization plan described in this section was submitted on Mar. 8, 2019, with a proposed

Effective Date

of Oct. 1, 2019, and funding authorized on Dec. 20, 2019. For complete classification of title VI to the Code, see Tables. This chapter, referred to in subsec. (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.

Executive Documents

Delegation of Functions and Authorities Under the Better Utilization of Investments Leading to Development Act of 2018 Memorandum of President of the United States, Sept. 24, 2019, 84 F.R. 52353, provided: Memorandum for the President of the Overseas Private Investment Corporation [and] the Administrator of the United States Agency for International Development By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1462 of title VI of division F of Public Law 115–254 (section 9682 of title 22, United States Code) (the “Act”), and section 301 of title 3, United States Code, I hereby delegate to the President of the Overseas Private Investment Corporation, in consultation with the Administrator of the United States Agency for International Development, the functions and authorities vested in the President by the Act to submit a reorganization plan, including any modifications or revisions thereto, and to consult with the appropriate congressional committees on such plan, including any modifications and revisions thereto. The President of the Overseas Private Investment Corporation is authorized and directed to publish this memorandum in the Federal Register. Donald J. Trump.

§9682 Reorganization Plan