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year limitation for replacement of an equal number of such vehicles.

SEC. 8.30 The Secretary of State may allocate or transfer to any department, agency, or independent establishment of the United States Government (with the consent of the head of such department, agency, or establishment) any funds appropriated to the Department of State, for direct expenditure by such department, agency, or independent establishment for the purposes for which the funds are appropriated in accordance with authority granted in this Act or under authority governing the activities of such department, agency, or independent establishment.

SEC. 9.31 The Secretary of State is authorized to enter into contracts in foreign countries involving expenditures from funds appropriated or otherwise made available to the Department of State, without regard to the provisions of section 3741 of the Revised Statutes (41 U.S.C. 22): Provided, That nothing in this section shall be construed to waive the provisions of section 431 of title 18 of the United States Code.

SEC. 10.32 Appropriated funds made available to the Department of State for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel shall be available for such expenses when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed during that same fiscal year. REDUCTION IN EARMARKS F APPROPRIATIONS ARE LESS THAN

AUTHORIZATIONS SEC. 11.33 If the amount appropriated (or made available in the event of a sequestration order issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99– 177; 2 U.S.C. 901 et seq.)) for a fiscal year pursuant to any authorization of appropriations provided by an Act other than an appropriation Act is less than the authorization amount and a provision of that Act provides that a specified amount of the authorization amount shall be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount appropriated (or made available in the event of sequestration) bears to the authorization amount.

30 22 U.S.C. 2675. Sec. 121 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat 1023) amended and restated sec. 8. It formerly read as follows:

"SEC. 8. The Secretary of State may, when authorized in an appropriation or other law, transfer to any department, agency, or independent establishment of the Government, with the consent of the head thereor, any funds appropriated to the Department of State, for direct expenditure by such department, agency, or independent establishment for the purposes for which the funds are appropriated.".

31 22 U.S.C. 2676. 32 22 U.S.C. 2677.

3322 U.S.C. 2678. Sec. 11 was added by sec. 106 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 20). Previously. sec. 11 was repealed by Public Law 99_550 (100 Stat 3067). It formerly read:"Not withstanding section 1344(a) of title 31, United States Code, the Deputy Secretary of State is authorized to use Governmentowned vehicles for security purposes for travel between his or her residence and places where official functior

*mned.".

SEC. 12.34 The Secretary of State, with the approval of the Office of Management and Budget, 35 shall prescribe the maximum rates per diem in lieu of subsistence (or of similar allowances therefor) payable while away from their own countries to foreign participants in any exchange of persons program, or in any program of furnishing technical information and assistance, under the jurisdiction of any Government agency, and said rates may be fixed without regard to any provision of law in limitation thereof.

SEC. 13.36 (a) 37 There is hereby established a working capital fund for the Department of State, which shall be available without fiscal year limitations, for expenses (including those authorized by the Foreign Service Act of 1980) 38 and equipment, necessary for maintenance and operation in the city of Washington and elsewhere of (1) central reproduction, editorial, data processing, audiovisual, library and administrative support services; (2) central services for supplies and equipment (including repairs) (3) such other administrative services as the Secretary, with the approval of the Bureau of the Budget, 35 determines may be performed more advantageously and more economically as central services; and 39 (4) 40 medical and health care services. Such fund shall also be available without fiscal year limitation to carry out the purposes of title II of this Act. 39 The capital of the fund shall consist of the amount of the fair and reasonable value of such supply inventories, equipment, and other assets and inventories on order, pertaining to the services to be carried on by the fund, as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations, together with any appropriations made for the purpose of providing capital.41 The fund shall be reimbursed, or credited with advance payments, from applicable appropriations and funds of the Department of State, other Federal agencies, and other sources authorized by law, for supplies and services at rates which will approximate the expense of operations, including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund.

34 22 U.S.C. 2679.

ss Reorganization Plan No. 2 of 1970 redesignated the Bureau of the Budget as the Omice of Management and Budget

38 ZŽ U.S.C. 2684. Sec. 13 was added by sec. 405 of Public Law 88–205 (77 Stat. 391) and further amended by sec. 407(c) of Public Law 92-226 which deleted the last sentence of sec. 13(a) which formerly read as follows: "There is hereby authorized to be appropriated such amounts as may be necessary to provide capital for the fund." The original sec. 13, as repealed Sept. 6, 1960, by sec. 511(aX2) of Public Law 86-707 (74 Stat. 800), read as follows: "Allowances granted under sec. 901(1) of the Foreign Service Act of 1946 (22 U.S.C. 1311(1)), may include water, in addition to the utilities specified.”.

37 Subsection designation "(a)" and subsec. (b) were added by sec. 109(a) of Public Law 95– 426 (92 Stat. 966). Such amendment became esfective October 1, 1978.

39 The reference to the Foreign Service Act of 1980 was substituted in lieu of a reference to the Foreign Service Act of 1946 by sec. 2201(b) of Public Law 96465 (94 Stat. 2157).

** Sec. 112 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21) inserted "and" before clause (4), struck out clause (5), which formerly read as follows: "(5) services and supplies to carry out title II of this Act"; and added the sentence which begins "Such fund".

40 Sec. 109(a) of Public Law 95–426 (92 Stat. 966) added clause (4), effective October 1, 1978. 41 Sec. 109(a) of Public Law 95 426 (92 Stat. 966) struck out a sentence which previously appeared at this point. It formerly read as follows: "Not to exceed $750,000 in net assets shall be transferred to the fund for purposes of providing capital.” Such amendment became effective on October 1, 1978.

penditurapplicable of shall, if agency

are subsectional Any time

There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, earnings which the Secretary determines to be excess to the needs of the fund.

(b) 37 The current value of supplies returned to the working capital fund by a post, activity, or agency may be charged to the fund. The proceeds thereof shall, if otherwise authorized, be credited to current applicable appropriations and shall remain available for expenditures for the same purposes for which those appropriations are available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories.

SEC. 14.42 (a) Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when

(1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and (2) the Secretary of State determines that,

(A) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;

(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and

(C) such a method of contracting will not inhibit small

business participation. (b) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.

SEC. 15.43 (a)(1) Notwithstanding any provision of law enacted before the date of enactment of the State Department USIA Authorization Act, Fiscal Year 1975,44 no money appropriated to the Department of State under any law shall be available for obligation or expenditure with respect to any fiscal year commencing on or after July 1, 1972–

(A) unless the appropriation thereof has been authorized by law enacted on or after February 7, 1972; or

42 22 U.S.C. 2679a. Sec. 14 was added by sec. 121 of Public Law 97–241 (96 Stat. 280). A prior sec. 14, part of the original Act, was repealed by Public Law 86-707 (74 Stat. 798). Subsequently, a new sec. 14 was added by sec. io of Public Law 93-475 (88 Stat. 1441) and amended by Public Law 93-475, Public Law 94-161, and Public Law 95-105. It was repealed by sec. 2205(10) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160). Such section formerly concerned the payment of a gratuity to the surviving dependents of a Foreign Service employee who died as the result of injuries sustained in the performance of duty outside the United States. This gratuity is now covered at Sec. 413 of the Foreign Service Act of 1980.

43 22 U.S.C. 2680. Sec. 15 was amended by sec. 407(b) of Public Law 92-226 (86 Stat. 35) and further amended by sec. 102 of Public Law 92-352 (86 Stat. 490). Subsec. (a) was further amended by sec. 11 of Public Law 93-475 (88 Stat 1442). It formerly read as follows: "Notwithstanding any other provision of law, no appropriation shall be made to the Department of State under any law for any fiscal year commencing on or after July 1, 1972, unless previously authorized by legislation hereafter enacted by the Congress. The provisions of this subsection shall not apply to, or assect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law.".

44 Public Law 93-475 (88 Stat. 1439), approved October 26, 1974.

in excess of an amount prescribed by law ease on or Ever sact: date.

2 To be event thai legislation en acied aver the making of an appropriaD01. ID ide Department of Sinie authorizes me anon or Expedite thereof, the limitation contained in parastapha shatave efect 3. Ide provisons of this secdon

A sad Dot be superseded except by a provision of law enased after February 7, 1972, which specifically repeals, modifes or supersedes the provisions of this secton; and

B shall not apply to, or afect in any manner, permanent appropDons, trust funds, and other similar accounts adminisered by the Department as authorized by law. b) The Department of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives fully and currently informed with respect to all activities and responsibilities within the jurisdiction of these committees. Any Federal department, agency, or independent establishment shall furnish any information requested by either such committee relating to any such activity or responsibility.

SEC. 16.45 The first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the “Defense Base Åct") shall not apply with respect to such contracts as the Secretary of State may determine which are contracts with persons employed to perform work for the Department of State or the Foreign Service on an intermittent basis for not more than 90 days in a calendar year.

SEC. 17.46 The Secretary of State is authorized to use appropriated funds for unusual expenses similar to those authorized by section 5913 of title 5, United States Code, incident to the operation and maintenance of the living quarters of the United States Representative to the Organization of American States.

SEC. 18.47 It is the sense of the Congress that the position of United States ambassador to a foreign country should be accorded to men and women possessing clearly demonstrated competence to perform ambassadorial duties. No individual should be accorded the position of United States ambassador to a foreign country primarily because of financial contributions to political campaigns.

SEC. 19.48 Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use 49 funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.

4622 U.S.C. 2680a. Sec. 16 was added by sec. 122 of Public Law 97-241 (96 Stat. 281). A prior sec. 16, as added by Public Law 93-475 and amended by Public Law 94426, was repealed by sec. 2205/10) of the Foreign Service Act of 1980 (Public Law 96 465; 94 Stat. 2160). Sec. 16 formerly described the duties and responsibilities of a United States chief of mission. A similar provision is now included at Sec. 207 of the Foreign Service Act of 1980.

46 22 U.S.C. 2687. Sec. 17 was added by sec. 101(c) of Public Law 94-141. 4722 U.S.C. 2688. Sec. 18 was added by sec. 104 of Public Law 94-141.

48 22 U.S.C. 2689. Sec. 19 was added by sec. 104 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94–350).

* The words "not to exceed $1,500 of the" which previously appeared at this point, were struck by sec. 110(a) of Public Law 95 426 (92 Stat. 967). Such amendment became effective October 1, 1978.

SEC. 20.50 Any expenditure for any gift for any person of any foreign country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Controller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure and necessary to facilitate the audit.

ŠEC. 21.51 * * * (Repealed—1990)

SEC. 22.52 (a) The Secretary of State may compensate, pursuant to regulations which he shall prescribe, for the cost of participating in any proceeding or on any advisory committee or delegation of the Department of State, any organization or person,

(1) who is representing an interest which would not otherwise be adequately represented and whose participation is necessary for a fair determination of the issues taken as a whole; and

(2) who would otherwise be unable to participate in such proceeding or on such committee or delegation because such organization or person cannot afford to pay the costs of such par

ticipation. (b) of the funds appropriated for salaries and expenses for the Department of State, not to exceed $250,000 shall be available in any fiscal year for compensation under this section to such organizations and persons.

ADMINISTRATIVE SERVICES 53 SEC. 23.53 (a) AGREEMENTS.—Whenever the head of any Federal agency performing any foreign affairs functions (including, but not limited to, the Department of State, the International Communication Agency, the Agency for International Development, and the Arms Control and Disarmament Agency) determines that administrative services performed in common by the Department of State and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the Secretary of State and the heads of the other agencies concerned may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within

60 22 U.S.C. 2690. Sec. 20 was added by sec. 116 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94350).

61 Formerly 22 U.S.C. 2691. Sec. 603(aX18) of the Immigration Act of 1990 (Public Law 101649; 104 Stat. 5084) repealed sec. 21. Previously, sec. 21 was added by sec. 112 of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 848), and substantially amended by sec. 109 of the Department of State Authorization Act, Fiscal Years 1980 and 1981 (Public Law 9660; 93 Stat. 397), and earlier amended by sec. 119 of Public Law 95 426 (92 Stat. 970). Sec. 21 provided for the issuance of visas to aliens, otherwise excludable because of organizational affiliations, to participate in the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1975).

62 22 U.S.C. 2692. Sec. 22 was added by sec. 113(a) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 848). This section became effective on October 1, 1977.

63 22 U.S.C. 2695. Sec. 23 was added by sec. 111(a) of Public Law 95-426 (92 Stat. 967). Sec. 23 became eflective October 1, 1978.

Sec. 118 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138; 105 Stat. 657), added the section heading, designated the original text as subsec. "(a) AGREEMENTS.-—"; and added subsec. (b).

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