Sec. 7. Transition provisions

949 words·~4 min read·/bill/114/hr/6106/ih/section-7

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During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this Act 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 immediately before the effective date of this Act (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this Act.

While so acting, such officers shall receive compensation at the higher of— the rates provided by this Act for the respective offices in which they act; or the rates provided for the offices held at the time of designation. Nothing in this Act shall be understood to require the advice and consent of the Senate to the appointment by the President to a position in the Agency of any officer whose entity or program the functions of which are transferred to the Agency under section 4(c) and whose duties following such transfer are germane to those performed before such transfer.

Upon transfer of the functions of an entity or program to the Agency under section 4(c)— the personnel, assets, and obligations held by or available in connection with such functions shall be transferred to the Under Secretary for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with the provisions of section 1531(a)(2) of title 31, United States Code; and the Under Secretary shall have all functions relating to the entity or program that any other official could by law exercise in relation to the entity or program immediately before such transfer, and shall have in addition all functions vested in the Under Secretary by this Act or other law.

The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, entities or programs, or portions thereof transferred by this Act, and to 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, entities or programs, or portions thereof, as may be necessary to carry out the provisions of this Act.

The Director shall provide for the termination of the affairs of all entities and programs terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. After consultation with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget is authorized, at such time as the Director of the Office of Management and Budget provides, to make such determinations as may be necessary with regard to the transfer of positions within the Senior Executive Service in connection with functions and entities and programs transferred by this Act.

Completed administrative actions of an entity or program shall not be affected by the enactment of this Act or the transfer of the functions of such entity or program to the Agency under section 4(c), but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. For purposes of subparagraph (A), the term completed administrative action includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.

Subject to the authority of the Under Secretary under this Act, pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of the functions of an entity or program to the Agency under section 4(c), and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act before any entity or program with respect to functions transferred by this Act, but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued.

Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made under such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the head of the Federal agency to which such functions are transferred by this Act, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph prohibits 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 Act had not been enacted.

The Under Secretary is authorized to issue regulations providing for the orderly transfer of proceedings continued under subparagraph (A). On the effective date of this Act, the following entities and program shall terminate: The International Trade Administration. The Office of International Trade of the Small Business Administration. The Trade Development Agency. The Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture. The Bureau of Economic and Business Affairs of the Department of State.