Page:United States Statutes at Large Volume 124.djvu/2072

 124 STAT. 2046 PUBLIC LAW 111–203—JULY 21, 2010 Secretary of the Department of Housing and Urban Development, in their sole discretion, deem equitable. (B) IDENTIFIED EMPLOYEES TRANSFERRED.—Al l employees of the Department of Housing and Urban Development identified under subparagraph (A)(ii) shall be transferred to the Bureau for employment. (7) CONSUMER EDUCATION, FINANCIAL LITERACY, CONSUMER COMPLAINTS, AND RESEARCH FUNCTIONS.—The Bureau and each of the transferor agencies (except the Federal Trade Commis- sion) shall jointly determine the number of employees and the types and grades of employees necessary to perform the functions of the Bureau under subtitle A, including consumer education, financial literacy, policy analysis, responses to con- sumer complaints and inquiries, research, and similar func- tions. All employees jointly identified under this paragraph shall be transferred to the Bureau for employment. (8) AUTHORITY OF THE PRESIDENT TO RESOLVE DISPUTES.— (A) ACTION AUTHORIZED.—In the event that the Bureau and a transferor agency are unable to reach an agreement under paragraphs (1) through (7) by the designated transfer date, the President, or the designee thereof, may issue an order or directive to the transferor agency to effect the transfer of personnel and property under this subtitle. (B) TRANSMITTAL TO CONGRESS REQUIRED.—If an order or directive is issued under subparagraph (A), the President shall transmit a copy of the written determination made with respect to such order or directive, including an expla- nation for the need for the order or directive, to the Com- mittee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Com- mittee on Financial Services and the Committee on Appro- priations of the House of Representatives. (C) SUNSET.—The authority provided in this paragraph shall terminate 3 years after the designated transfer date. (9) APPOINTMENT AUTHORITY FOR EXCEPTED SERVICE AND SENIOR EXECUTIVE SERVICE TRANSFERRED.— (A) IN GENERAL.—In the case of an employee occupying a position in the excepted service or the Senior Executive Service, any appointment authority established pursuant to law or regulations of the Office of Personnel Management for filling such positions shall be transferred, subject to subparagraph (B). (B) DECLINING TRANSFERS ALLOWED.—An agency or entity may decline to make a transfer of authority under subparagraph (A) (and the employees appointed pursuant thereto) to the extent that such authority relates to posi- tions excepted from the competitive service because of their confidential, policy-making, policy-determining, or policy- advocating character, and non-career positions in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code). (b) TIMING OF TRANSFERS AND POSITION ASSIGNMENTS.—Each employee to be transferred under this section shall— (1) be transferred not later than 90 days after the des- ignated transfer date; and (2) receive notice of a position assignment not later than 120 days after the effective date of his or her transfer.