Collapse to view only § 9681. Definitions
- § 9681. Definitions
- § 9682. Reorganization plan
- § 9683. Transfer of functions
- § 9684. Termination of Overseas Private Investment Corporation and other superceded authorities
- § 9685. Transitional authorities
- § 9686. Savings provisions
- § 9687. Other terminations
- § 9688. Incidental transfers
- § 9689. Reference
§ 9681. Definitions
In this subchapter:
(1) Agency
(2) Transition period
The term “transition period” means the period—
(A) beginning on October 5, 2018; and
(B) ending on the effective date of the reorganization plan required by section 9682(e) of this title.
(Pub. L. 115–254, div. F, title VI, § 1461, Oct. 5, 2018, 132 Stat. 3510.)
§ 9682. Reorganization plan
(a) Submission of plan
(1) In general
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) Consultation
(b) Plan elements
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) Report on coordination
(1) In general
(2) Information required
(d) Modification of plan
(e) Effective date
(1) In general
(2) Statutory construction
(Pub. L. 115–254, div. F, title VI, § 1462, Oct. 5, 2018, 132 Stat. 3511.)
§ 9683. Transfer of functions
(a) In generalEffective at the end of the transition period, there shall be transferred to the Corporation the functions, personnel, assets, and liabilities of—
(1) the Overseas Private Investment Corporation, as in existence on the day before October 5, 2018; and
(2) the following elements of the United States Agency for International Development:
(A) The Development Credit Authority.
(B) The existing Legacy Credit portfolio under the Urban Environment Program and any other direct loan programs and non-Development Credit Authority guaranty programs authorized by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or other predecessor Acts, as in existence on October 5, 2018, other than any sovereign loan guaranties.
(b) Additional transfer authorityEffective at the end of the transition period, there is authorized to be transferred to the Corporation, with the concurrence of the Administrator of the United States Agency for International Development, the functions, personnel, assets, and liabilities of the following elements of the United States Agency for International Development:
(1) The Office of Private Capital and Microenterprise.
(2) The enterprise funds.
(c) Sovereign loan guaranty transfer
(1) In general
(2) Inclusion in reorganization plan
(d) Bilateral agreements
(e) TransitionDuring the transition period, the agencies specified in subsection (a) shall—
(1) continue to administer the assets and obligations of those agencies; and
(2) carry out such programs and activities authorized under this chapter as may be determined by the President.
(Pub. L. 115–254, div. F, title VI, § 1463, Oct. 5, 2018, 132 Stat. 3512.)
§ 9684. Termination of Overseas Private Investment Corporation and other superceded authorities
Effective at the end of the transition period—
(1) the Overseas Private Investment Corporation is terminated; and
(2) Omitted.
(Pub. L. 115–254, div. F, title VI, § 1464, Oct. 5, 2018, 132 Stat. 3513.)
§ 9685. Transitional authorities
(a) Provision of assistance by officials
(b) Services and personnel
(c) Acting officials
(1) In generalDuring 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) the rates provided by this chapter for the respective offices in which they act; or
(B) the rates provided for the offices held at the time of designation.
(2) Rule of construction
(d) Transfer of personnel, assets, obligations, and functionsUpon 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.
(Pub. L. 115–254, div. F, title VI, § 1465, Oct. 5, 2018, 132 Stat. 3513.)
§ 9686. Savings provisions
(a) Completed administrative actions
(1) In general
(2) Completed administrative action defined
(b) Pending proceedings
(1) In general
(2) Orders
(c) Pending civil actions
(d) References
(e) Employment provisions
(1) Regulations
(2) Effect of transfer on conditions of employment
(f) Statutory reporting requirements
(Pub. L. 115–254, div. F, title VI, § 1466, Oct. 5, 2018, 132 Stat. 3514.)
§ 9687. Other terminations
Except as otherwise provided in this chapter, whenever all the functions vested by law in any agency have been transferred pursuant to this subchapter, each position and office the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5 shall terminate.
(Pub. L. 115–254, div. F, title VI, § 1467, Oct. 5, 2018, 132 Stat. 3515.)
§ 9688. Incidental transfers
The Director of the Office of Management and Budget, in consultation with the Corporation, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this subchapter, as the Director may determine necessary to accomplish the purposes of this chapter.
(Pub. L. 115–254, div. F, title VI, § 1468, Oct. 5, 2018, 132 Stat. 3515.)
§ 9689. Reference
With respect to any function transferred under this subchapter (including under a reorganization plan under section 9682 of this title) and exercised on or after October 5, 2018, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Corporation or official or component of the Corporation to which that function is so transferred.
(Pub. L. 115–254, div. F, title VI, § 1469, Oct. 5, 2018, 132 Stat. 3515.)