TITLE V—AGENCY FOR
INTERNATIONAL DEVELOPMENT
CHAPTER 1—GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on the earlier of—
(1) August 17, 1999; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorga-
nization plan described in section 601.
CHAPTER 2—REORGANIZATION OF AGEN-
CY FOR INTERNATIONAL DEVELOP-
MENT AND TRANSFER OF FUNCTIONS
SEC. 511. REORGANIZATION OF AGENCY FOR INTER-
NATIONAL DEVELOPMENT.
(a) IN GENERAL.—The Agency for International De-
velopment shall be reorganized in accordance with this di-
vision and the reorganization plan transmitted pursuant
to section 601.
(b) FUNCTIONS TO BE TRANSFERRED.—The reorga-
nization of the Agency for International Development shall
provide, at a minimum, for the transfer to and consolida-
tion with the Department of State of the following func-
tions of the agency:
(1) Non-specialized procurement.
(2) Travel and transportation.
(3) Facilities management.
(4) Security operations.
(5) Press affairs.
TITLE VI—TRANSITION
CHAPTER 1—REORGANIZATION PLAN
SEC. 601. REORGANIZATION PLAN.
(a) SUBMISSION OF PLAN.—Not later than August
17, 1997, or the date of the enactment of this Act, which-
ever occurs later, the President shall, in consultation with
the Secretary and the heads of the agencies under sub-
section (b), transmit to the appropriate congressional com-
mittees a reorganization plan providing for—
(1) with respect to the United States Arms
Control and Disarmament Agency, the United
States Information Agency, and the United States
International Development Cooperation Agency, the
abolition of each agency in accordance with this divi-
sion;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of
the agency and the transfer of certain functions of
the agency to the Department in accordance with
this division;
(3) the termination of functions of each agency
that would be redundant if transferred to the De-
partment, and the separation from service of em-
ployees of each such agency or of the Department
not otherwise provided for in the plan;
(4) the transfer to the Department of the func-
tions and personnel of each agency consistent with
the provisions of this division; and
(5) the consolidation, reorganization, and
streamlining of the Department upon the transfer of
such functions and personnel in order to carry out
such functions.
(b) COVERED AGENCIES.—The agencies under this
subsection are the following:
(A) The United States Arms Control and
Disarmament Agency.
(B) The United States Information Agen-
cy.
(C) The United States International Devel-
opment Cooperation Agency.
(D) The Agency for International Develop-
ment.
(c) PLAN ELEMENTS.—The plan transmitted under
subsection (a) shall—
(1) identify the functions of each agency that
will be transferred to the Department under the
plan;
(2) identify the personnel and positions of each
agency (including civil service personnel, Foreign
Service personnel, and detailees) that will be trans-
ferred to the Department, separated from service
with such agency, or eliminated under the plan, and
set forth a schedule for such transfers, separations,
and terminations;
(3) identify the personnel and positions of the
Department (including civil service personnel, For-
eign Service personnel, and detailees) that will be
transferred within the Department, separated from
service with the Department, or eliminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(4) specify the consolidations and reorganiza-
tion of functions of the Department that will be re-
quired under the plan in order to permit the Depart-
ment to carry out the functions transferred to the
Department under the plan;
(5) specify the funds available to each agency
that will be transferred to the Department as a re-
sult of the transfer of functions of such agency to
the Department;
(6) specify the proposed allocations within the
Department of unexpended funds transferred in con-
nection with the transfer of functions under the
plan; and
(7) specify the proposed disposition of the prop-
erty, facilities, contracts, records, and other assets
and liabilities of each such agency in connection with
the transfer of the functions of the agency to the
Department.
(d) REORGANIZATION PLAN OF AGENCY FOR INTER-
NATIONAL DEVELOPMENT.—In addition to applicable pro-
visions of subsection (c), the reorganization plan transmit-
ted under this section for the Agency for International De-
velopment —
(1) shall provide for the transfer to and consoli-
dation within the Department of the functions of the
agency set forth in section 511; and
(2) may provide for additional consolidation, re-
organization, and streamlining of the agency, includ-
ing—
(A) the termination of functions and re-
ductions in personnel of the agency;
(B) the transfer of functions of the agency
(including personnel operations other than per-
sonnel management, financial operations, and
legal affairs), and the personnel associated with
such functions, to the Department; and
(C) the consolidation, reorganization, and
streamlining of the Department upon the trans-
fer of such functions and personnel in order to
carry out the functions transferred.
(e) MODIFICATION OF PLAN.—The President may,
on the basis of consultations with the appropriate congres-
sional committees, modify or revise the plan transmitted
under subsection (a).
(f) EFFECTIVE DATE.—(1) The reorganization plan
described in this section, including any modifications or
revisions of the plan under subsection (e), shall become
effective on the earlier of—
(A)(i) August 17, 1998 with respect to the
Arms Control and Disarmament Agency and the
United States International Development Coopera-
tion Agency; and
(ii) August 17, 1999, with respect to the United
States Information Agency and the Agency for
International Development, or
(B) such date as the President shall determine
to be appropriate and announce by notice published
in the Federal Register, which date may be not ear-
lier than 60 calendar days (excluding any day on
which either House of Congress is not in session be-
cause of an adjournment sine die or because of an
adjournment of more than 3 days to a day certain)
after the President has transmitted the reorganiza-
tion plan to the appropriate congressional commit-
tees pursuant to subsection (a).
(2) Paragraph (1) shall apply notwithstanding sec-
tion 905(b) of title 5, United States Code.
CHAPTER 2—REORGANIZATION
AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to the requirements of this division, to allocate or re-
allocate any function transferred to the Department under
any title of this division among the officers of the Depart-
ment, and to establish, consolidate, alter, or discontinue
such organizational entities within the Department as may
be necessary or appropriate to carry out any reorganiza-
tion under this division, but the authority of the Secretary
under this section does not extend to—
(1) the abolition of organizational entities or of-
ficers established by this Act or any other Act; or
(2) the alteration of the delegation of functions
to any specific organizational entity or officer re-
quired by this Act or any other Act.
(b) REQUIREMENTS AND LIMITATIONS ON REORGA-
NIZATION PLAN.—The reorganization plan under section
601 may not have the effect of—
(1) creating a new executive department;
(2) continuing a function beyond the period au-
thorized by law for its exercise or beyond the time
when it would have terminated if the reorganization
had not been made;
(3) authorizing an agency to exercise a function
which is not authorized by law at the time the plan
is transmitted to Congress;
(4) creating a new agency which is not a com-
ponent or part of an existing executive department
or independent agency; or
(5) increasing the term of an office beyond that
provided by law for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided in
this Act, the personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations, alloca-
tions, and other funds employed, held, used, arising from,
available to, or to be made available in connection with
the functions and offices, or portions thereof transferred
by any title of this division, subject to section 1531 of title
31, United States Code, shall be transferred to the Sec-
retary for appropriate allocation.
(b) 
LIMITATION
ON
USE
OF
TRANSFERRED
FUNDS.—Unexpended and unobligated funds transferred
pursuant to any title of this division shall be used only
for the purposes for which the funds were originally au-
thorized and appropriated.
(c) AUTHORIZED STRENGTH OF THE FOREIGN SERV-
ICE.—When an agency is abolished under this division, the
limitations for fiscal years 1998 and 1999 under section
1321 of this Act on the members of the Foreign Service
authorized to be employed by such agency shall be added
to the limitations under such section which apply to the
Department.
SEC. 613. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, in consultation with the Secretary, is authorized to
make such incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of
any title of this division. The Director of the Office of
Management and Budget, in consultation with the Sec-
retary, shall provide for the termination of the affairs of
all entities terminated by this division and for such further
measures and dispositions as may be necessary to effec-
tuate the purposes of any title of this division.
SEC. 614. EFFECT ON PERSONNEL.
(a) EXECUTIVE SCHEDULE POSITIONS.—Except as
otherwise provided in this division, any person who, on the
day preceding the date of the abolition of an agency the
functions of which are transferred under any title of this
division, 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 serv-
ice, is appointed in the Department to a position having
duties comparable to the duties performed immediately
preceding such appointment shall continue to be com-
pensated 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.
(2) The Department may decline a transfer of au-
thority under paragraph (1) (and the employees appointed
pursuant thereto) to the extent that such authority relates
to positions excepted from the competitive service because
of their confidential, policy-making, policy-determining, or
policy-advocating character, and noncareer positions in the
Senior Executive Service (within the meaning of section
3132(a)(7) of title 5, United States Code).
(d) EMPLOYEE BENEFIT PROGRAMS.—(1) Any em-
ployee accepting employment with the Department as a
result of a transfer pursuant to any title of this division
may retain for 1 year after the date such transfer occurs
membership in any employee benefit program of the
former agency, including insurance, to which such em-
ployee belongs on the date of the enactment of this Act
if—
(A) the employee does not elect to give up the
benefit or membership in the program; and
(B) the benefit or program is continued by the
Secretary.
(2) The difference in the costs between the benefits
which would have been provided by such agency or entity
and those provided by this section shall be paid by the
Secretary. If any employee elects to give up membership
in a health insurance program or the health insurance pro-
gram is not continued by the Secretary, the employee shall
be permitted to select an alternate Federal health insur-
ance program within 30 days of such election or notice,
without regard to any other regularly scheduled open sea-
son.
(e) SENIOR EXECUTIVE SERVICE.—Any employee in
the career Senior Executive Service who is transferred
pursuant to any title of this division shall be placed in
a position at the Department which is comparable to the
position the employee held in the agency.
(f) ASSIGNMENTS.—(1) Transferring employees shall
be provided reasonable notice of new positions and assign-
ments prior to their transfer pursuant to any title of this
division.
(2) Foreign Service personnel transferred to the De-
partment pursuant to any title of this division shall be
eligible for any assignment open to Foreign Service per-
sonnel within the Department for which such transferred
personnel are qualified.
(g) TREATMENT OF PERSONNEL EMPLOYED IN TER-
MINATED FUNCTIONS.—The provisions of this subsection
shall apply with respect to officers and employees in the
competitive service, or employed under an established
merit system in the excepted service, whose employment
is terminated as a result of the abolition of the agency
or the reorganization and consolidation of functions of the
Department under any title of this division:
(1) Under such regulations as the Office of Per-
sonnel Management may prescribe, the head of any
agency in the executive branch may appoint in the
competitive service any person who is certified by
the head of the former agency as having served sat-
isfactorily in the competitive service in the former
agency and who passes such examination as the Of-
fice of Personnel Management may prescribe. Any
person so appointed shall, upon completion of the
prescribed probationary period, acquire a competitive
status.
(2) The head of any agency in the executive
branch having an established merit system in the ex-
cepted service may appoint in such service any per-
son who is certified by the head of the former agen-
cy as having served satisfactorily in the former agen-
cy and who passes such examination as the head of
such agency in the executive branch may prescribe.
(3) Any appointment under this subsection
shall be made within a period of one year after com-
pletion of the appointee’s service.
(4) Any law, Executive order, or regulation
which would disqualify an applicant for appointment
in the competitive service or in the excepted service
concerned shall also disqualify an applicant for ap-
pointment under this subsection.
(5) Any rights or benefits created by this sub-
section are in addition to rights and benefits other-
wise provided by law.
SEC. 615. TRANSITION FUND.
(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the ‘‘Foreign Affairs Reorganization Transition Fund’’.
(b) PURPOSE.—The purpose of the account is to pro-
vide funds for the orderly transfer of functions and per-
sonnel to the Department as a result of the implementa-
tion of this division and for payment of other costs associ-
ated with the consolidation of foreign affairs agencies
under this division.
(c) DEPOSITS.—
(1) IN GENERAL.—Subject to paragraphs (2)
and (3), there shall be deposited into the account the
following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by
the Secretary from funds that are transferred
to the Secretary by the head of an agency
under subsection (d).
(C) Funds transferred to the account by
the Secretary from funds that are transferred
to the Department together with the transfer of
functions to the Department under this division
and that are not required by the Secretary in
order to carry out the functions.
(D) Funds transferred to the account by
the Secretary from any unobligated funds that
are appropriated or otherwise made available to
the Department.
(2) LIMITATION ON TRANSFER OF CERTAIN DE-
PARTMENT
FUNDS.—The Secretary may transfer
funds to the account under subparagraph (C) of
paragraph (1) only if the Secretary determines that
the amount of funds deposited in the account pursu-
ant to subparagraphs (A) and (B) of that paragraph
is inadequate to pay the costs of carrying out this
division.
(3) LIMITATION
ON
TRANSFER
OF
UNOBLI-
GATED
FUNDS
OF
DEPARTMENT.—The Secretary
may transfer funds to the account under subpara-
graph (D) of paragraph (1) only if the Secretary de-
termines that the amount of funds deposited in the
account pursuant to subparagraphs (A), (B), and
(C) of that paragraph is inadequate to pay the costs
of carrying out this division.
(d) TRANSFER
OF FUNDS
TO SECRETARY.—The
head of an agency abolished under this division shall
transfer to the Secretary the amount, if any, of the unobli-
gated funds appropriated or otherwise made available to
the agency for functions of the agency that are abolished
under this division which funds are not required to carry
out the functions of the agency as a result of the abolish-
ment of the functions under this division.
(e) USE OF FUNDS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and subject to paragraph (2), the
Secretary shall use sums in the account for payment
of the costs of carrying out this division, including
costs relating to the consolidation of functions of the
Department and the termination of employees of the
Department.
(2) LIMITATION ON USE OF FUNDS.—
(A) Except as provided in subparagraph
(B), the Secretary may not use sums in the ac-
count for payment of the costs described in
paragraph (1) unless the appropriate congres-
sional committees are notified 15 days in ad-
vance of such use in accordance with proce-
dures applicable to reprogramming notifications
under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706).
(B) EXCEPTION.—Subparagraph (A) does
not apply to the following uses of sums in the
account:
(i) For payment of the cost of any
severance payments required to be paid by
the Secretary to employees of the Depart-
ment, but only if the cost of such pay-
ments is less than $10,000,000.
(ii) For transfer to the head of an
agency to be abolished under this division
for payment of the cost of any severance
payments required to be paid to employees
of the agency, but only if the total amount
transferred with respect to the agency is
less than $40,000,000.
(iii) For payment of the cost of any
improvements of the information manage-
ment systems of the Department that are
carried out as a result of the abolishment
of agencies under this division, but only if
the cost of such improvements is less than
$15,000,000.
(iv) For payment of the cost of the
physical relocation of fixtures, materials,
and other resources from an agency to be
abolished under this division to the De-
partment or of such relocation within the
Department, but only if the cost of such
relocation is less than $10,000,000.
(3) AVAILABILITY WITHOUT FISCAL YEAR LIMI-
TATION.—Funds in the account shall be available for
the payment of costs under paragraph (1) without
fiscal year limitation.
(f) TREATMENT OF UNOBLIGATED BALANCES.—
(1) IN GENERAL.—Subject to paragraph (2),
unobligated funds, if any, which remain in the ac-
count after the payment of the costs described in
subsection (e)(1) shall be transferred to the Depart-
ment and shall be available to the Secretary for pur-
poses of carrying out the functions of the Depart-
ment.
(2) NOTIFICATION.—The Secretary may not
transfer funds in the account to the Department
under paragraph (1) unless the appropriate congres-
sional committees are notified in advance of such
transfer in accordance with the procedures applica-
ble to reprogramming notifications under section 34
of the State Department Basic Authorities Act of
1956.
(g) REPORT ON ACCOUNT.—Not later than October
1, 1998, the Secretary shall transmit to the appropriate
congressional committees a report containing an account-
ing of—
(1) the expenditures from the account estab-
lished under this section; and
(2) in the event of any transfer of funds to the
Department under subsection (f), the functions for
which the funds so transferred were expended.
(h) TERMINATION
OF AUTHORITY TO USE AC-
COUNT.—The Secretary may not obligate funds in the ac-
count after September 30, 1999.
SEC. 616. SAVINGS PROVISIONS.
(a) CONTINUING LEGAL FORCE AND EFFECT.—All
orders, determinations, rules, regulations, permits, agree-
ments, grants, contracts, certificates, licenses, registra-
tions, privileges, and other administrative actions—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral agency or official thereof, or by a court of com-
petent jurisdiction, in the performance of functions
that are transferred under any title of this division;
and
(2) that are in effect at the time such title
takes effect, or were final before the effective date
of such title and are to become effective on or after
the effective date of such title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary, or
other authorized official, a court of competent jurisdiction,
or by operation of law.
(b) PENDING PROCEEDINGS.—(1) The provisions of
any title of this division shall not affect any proceedings,
including notices of proposed rulemaking, or any applica-
tion for any license, permit, certificate, or financial assist-
ance pending on the effective date of any title of this divi-
sion before any department, agency, commission, or com-
ponent thereof, functions of which are transferred by any
title of this division. Such proceedings and applications,
to the extent that they relate to functions so transferred,
shall be continued.
(2) Orders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this division had not
been enacted. Orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded,
or revoked by the Secretary, by a court of competent juris-
diction, or by operation of law.
(3) Nothing in this division shall be deemed to pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this division had not been enacted.
(4) The Secretary is authorized to promulgate regula-
tions providing for the orderly transfer of proceedings con-
tinued under this subsection to the Department.
(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex-
cept as provided in subsection (e)—
(1) the provisions of this division shall not af-
fect suits commenced prior to the effective date of
this Act, and
(2) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this division had not been
enacted.
(d) NON-ABATEMENT OF PROCEEDINGS.—No suit,
action, or other proceeding commenced by or against any
officer in the official capacity of such individual as an offi-
cer of any department or agency, functions of which are
transferred by any title of this division, shall abate by rea-
son of the enactment of this division. No cause of action
by or against any department or agency, functions of
which are transferred by any title of this division, or by
or against any officer thereof in the official capacity of
such officer shall abate by reason of the enactment of this
division.
(e) CONTINUATION OF PROCEEDING WITH SUBSTI-
TUTION OF PARTIES.—If, before the date on which any
title of this division takes effect, any department or agen-
cy, or officer thereof in the official capacity of such officer,
is a party to a suit, and under this division any function
of such department, agency, or officer is transferred to
the Secretary or any other official of the Department, then
such suit shall be continued with the Secretary or other
appropriate official of the Department substituted or
added as a party.
(f) REVIEWABILITY
OF
ORDERS
AND
ACTIONS
UNDER TRANSFERRED FUNCTIONS.—Orders and actions
of the Secretary in the exercise of functions transferred
under any title of this division shall be subject to judicial
review to the same extent and in the same manner as if
such orders and actions had been by the agency or office,
or part thereof, exercising such functions immediately pre-
ceding their transfer. Any statutory requirements relating
to notice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by any
title of this division shall apply to the exercise of such
function by the Secretary.
SEC. 617. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities
transferred to the Department under this division to de-
termine whether such property and facilities are required
by the Department.
SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILI-
TATE TRANSITION.
Prior to, or after, any transfer of a function under
any title of this division, the Secretary is authorized to
utilize—
(1) the services of such officers, employees, and
other personnel of an agency with respect to func-
tions that will be or have been transferred to the De-
partment by any title of this division; and
(2) funds appropriated to such functions for
such period of time as may reasonably be needed to
facilitate the orderly implementation of any title of
this division.
SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CON-
FORMING AMENDMENTS.
Congress urges the President, in consultation with
the Secretary and the heads of other appropriate agencies,
to develop and submit to Congress recommendations for
such additional technical and conforming amendments to
the laws of the United States as may be appropriate to
reflect the changes made by this division.
SEC. 620. FINAL REPORT.
Not later than October 1, 1998, the President, in
consultation with the Secretary of the Treasury and the
Director of the Office of Management and Budget shall
submit to the appropriate congressional committees a re-
port which provides a final accounting of the finances and
operations of the agencies abolished under this division.
SEC. 621. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of func-
tion, carried out under this Act, constitutes a transfer of
function for purposes of subchapter I of chapter 35 of title
5, United States Code, shall be made without regard to
whether or not the function involved is identical to func-
tions already being performed by the receiving agency.
SEC. 622. SEVERABILITY.
If a provision of this division or its application to any
person or circumstance is held invalid, neither the remain-
der of this division nor the application of the provision
to other persons or circumstances shall be affected.
(3) AVAILABILITY
OF
FUNDS.—Amounts au-
thorized to be appropriated under paragraph (1) are
authorized to remain available until expended.
(c) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL
PEACEKEEPING ACTIVITIES.—There are authorized to be
appropriated for ‘‘Contributions for International Peace-
keeping Activities’’, $240,000,000 for the fiscal year 1998
and $240,000,000 for the fiscal year 1999 for the Depart-
ment of State to carry out the authorities, functions, du-
ties, and responsibilities in the conduct of the foreign af-
fairs of the United States with respect to international
peacekeeping activities and to carry out other authorities
in law consistent with such purposes.
(d) VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS.—There are authorized to be appropriated
for ‘‘Peacekeeping Operations’’, $87,600,000 for the fiscal
year 1998 and $67,000,000 for the fiscal year 1999 for
the Department of State to carry out section 551 of Public
Law 87–195.
(e) INTERNATIONAL CONFERENCES
AND CONTIN-
GENCIES.—There are authorized to be appropriated for
‘‘International 
Conferences 
and 
Contingencies’’,
$3,000,000 for the fiscal year 1998 and $3,000,000 for
the fiscal year 1999 for the Department of State to carry
out the authorities, functions, duties, and responsibilities