22 U.S.C. § 9685: Transitional authorities

Summary

Officials must help the Corporation get ready to take over an agency. Any official who had power over the agency on the day before October 5, 2018 must give help when asked. That help can include people, equipment, and other assets. During the transition period, agency heads may also send staff or services to help, either with payment or without it, if the Corporation asks. The President may temporarily name someone who already held a Senate‑confirmed job to act in a needed post until the Senate approves a permanent appointee. While acting, that person gets whichever pay is higher: the pay for the acting job or the pay of the job they held before. When an agency transfers, its people, assets, obligations, and all functions move to the Corporation, subject to approval by the Director of the Office of Management and Budget and in accordance with section 1531(a)(2) of title 31.

Title 22, §9685

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Provision of assistance by officials

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)Services and personnel

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)Acting officials

(1)In general

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)

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

(2)Rule of construction

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)Transfer of personnel, assets, obligations, and functions

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