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Code · BILL · 113th Congress · H.R. 4143 (Introduced in House) — To realign structures and reallocate resources in the Federal Government, in keeping with the core American belief th... · Sec. 103

Sec. 103. Transfer of functions and savings provisions

1,601 words·~7 min read·/bill/113/hr/4143/ih/section-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section, unless otherwise provided or contextually indicated— the term Federal agency has the meaning given to the term agency under section 551(1) of title 5, United States Code; the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and the term office includes any office, administration, agency, institute, unit, organizational entity, or component thereof. There are transferred to the Directorate, all functions described in section 103A(a) of the Intercountry Adoption Act of 2000, as added by section 102(a) of this Act, which were exercised by the Secretary of State before the date of the enactment of this Act (including all related functions of any officer or employee of the Department of State), including functions relating to— the accreditation of agencies and approval of persons to provide adoption services; the management and oversight of investigations related to the operation of such providers; and liaison responsibilities with respect to required post-placement reports.
If necessary, the Director of the Office of Management and Budget shall make any determination with respect to the transfer of functions under subsection (b). The Associate Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code.
The Associate Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Associate Director may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently.
Except where otherwise expressly prohibited by law or otherwise provided under this section— the Associate Director may— delegate any of the functions transferred to the Associate Director under this section and any function transferred or granted to the Associate Director after the date of the enactment of this Act to such officers and employees of the Directorate as the Associate Director may designate; and authorize successive redelegations of such functions as may be necessary or appropriate; and no delegation of functions by the Associate Director under this subsection or under any other provision of this section shall relieve such Associate Director of responsibility for the administration of such functions.
The Associate Director is authorized— to allocate or reallocate any function transferred under subsection
(b)among the officers of the Directorate; and to establish, consolidate, alter, or discontinue such organizational entities in the Directorate as may be necessary or appropriate. The Associate Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Associate Director determines necessary or appropriate to administer and manage the functions of the Directorate. Except as otherwise provided under this section and subject to section 1531 of title 31, United States Code, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under subsection (b), shall be transferred to the Directorate. Unexpended funds transferred pursuant to this subsection may only be used for the purposes for which the funds were originally authorized and appropriated. The Director of the Office of Management and Budget— may, at such time or times as the Director may prescribe— make such determinations as may be necessary with regard to the functions transferred under subsection (b); and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section; and shall provide for— the termination of the affairs of all entities terminated under this section; and such further measures and dispositions as may be necessary to carry out the purposes of this section. Except as otherwise provided under this section, the transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date of such transfer. Except as otherwise provided under this section, any person who, on the day preceding the date of the enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Directorate to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. All positions whose functions are transferred under subsection
(b)and whose incumbents have been appointed by the President, by and with the advice and consent of the Senate, shall terminate on the date of the enactment of this Act. All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions which— have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and are in effect on the date of the enactment of this Act, or were final before such date of enactment and are to become effective on or after the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Associate Director or other authorized official, a court of competent jurisdiction, or by operation of law. Nothing in this section may be construed to affect any proceeding, including a notice of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of State on the effective date of this section, with respect to functions transferred under subsection (b). Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. Nothing in this section may be construed to affect suits commenced before the date of the enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. No suit, action, or other proceeding commenced by or against the Department of State, or by or against any individual in the official capacity of such individual as an officer of the Department of State, shall abate by reason of the enactment of this section. Any administrative action relating to the preparation or promulgation of a regulation by the Department of State relating to a function transferred under subsection
(b)may be continued by the Directorate with the same effect as if this section had not been enacted. If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. The Associate Director is authorized to utilize— the services of such officers, employees, and other personnel of the Department of State with respect to functions transferred to the Directorate by this section; and funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— the Secretary of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Associate Director; and the Department of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Directorate. After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Associate Director shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. Not later than 180 days after the date of the enactment of this Act, the Associate Director shall submit the recommended legislation referred to under paragraph
(1)to Congress.
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