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Le Law 97-241 (96 Stat. 281) A prior clic Law 94-426, was repealed by sec. *-465: 94 Stat. 2160). Sec. 16 formerly thief of mission. A similar provision

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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) 36 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. 14.41 (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. 15.42 (a)(1) Notwithstanding any provision of law enacted before the date of enactment of the State Department/USIA Authorization Act, Fiscal Year 1975,43 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

41 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. 10 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.

42 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 affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law.".

43 For partial text of Public Law 93-475 (88 Stat. 1439), approved October 26, 1974, see page

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

(B) in excess of an amount prescribed by law enacted on or after such date.

(2) To the extent that legislation enacted after the making of an appropriation to the Department of State authorizes the obligation or expenditure thereof, the limitation contained in paragraph (1) shall have no effect.

(3) The provisions of this section

(A) shall not be superseded except by a provision of law enacted after February 7, 1972, which specifically repeals, modifies, or supersedes the provisions of this section; and

(B) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered 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. 16.44 The first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the "Defense Base Act") 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. 17.45 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. 18.46 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. 19.47 Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use 48 funds appropriated for the American

44 22 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 94-426, 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.

45 22 U.S.C. 2687. Sec. 17 was added by sec. 101(c) of Public Law 94-141.

46 22 U.S.C. 2688. Sec. 18 was added by sec. 104 of Public Law 94-141.

47 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).

48 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.

1

Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.

SEC. 20.49 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.

SEC. 21.50
50 * *

* [Repealed-1990]

SEC. 22.51 (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 participation.

(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.

52

ADMINISTRATIVE SERVICES

SEC. 23.52 (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

49 22 U.S.C. 2690. Sec. 20 was added by sec. 116 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).

50 Formerly 22 U.S.C. 2691. Sec. 603(a)(18) 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).

51 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.

52 22 U.S.C. 2695. Sec. 23 was added by sec. 111(a) of Public Law 95-426 (92 Stat. 967). Sec. 23 became effective 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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