22 USC 9685 – Transitional authorities
(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
Terms Used In 22 USC 9685
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
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) 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
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.