partment of State for the Diplomatic Rooms of the Department; 18

(1) 19 make payments in advance, of the United States share of necessary expenses for international fisheries commissions, from appropriations available for such purpose; and 18

(m) 18 establish, maintain, and operate passport and dispatch agencies.

SEC. 4.20 (a) 21 The Secretary of State is authorized to

(1) 21 subject to subsection (b), make expenditures, from such amounts as may be specifically appropriated therefor, for unforeseen emergencies arising in the diplomatic and consular service and, to the extent authorized in appropriation Acts, funds expended for such purposes may be accounted for in accordance with section 291 of the Revised Statutes (31 U.S.C. 107); 22 and

(2) 21 delegate to subordinate officials the authority vested in him by section 291 of the Revised Statutes 22 pertaining to certification of expenditures.

(b) 21 (1) Expenditures described under subsection (a) shall be made only for such activities as

(A) serve to further the realization of foreign policy objectives;

(B) are a matter of urgency to implement;

(C) with respect to activities the expenditures for which are required to be certified under subsection (a), require confidentiality in the best interests of the conduct of foreign policy by the United States; and

(D) are not otherwise prohibited by law.

(2) Activities described in paragraph (1) include_

(A) the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster;

(B) loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United states of its citizens;

(C) visits by foreign chiefs of state or heads of government to the United States;

(D) travel of delegations representing the President at any inauguration or funeral of a foreign dignitary;

(E) travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrangements, escort, and official entertainment;

18 Sec. 162(k)(3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out "and" at the end of subsec. (k); struck out the period at the end of subsec. (1), and inserted in lieu thereof a semicolon; and added a new subsec. (m).

19 Sec. 166 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 676), added a new subsec. (1).

20 22 U.S.C. 2671.

21 Sec. 122 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023), redesignated existing subsecs. (a) and (b) as pars. (1) and (2), redesignated the existing text as subsec. (a), added the reference to subsec. (b) in par. (1) of subsec. (a), and added new subsecs. (b), (c), and (d).

22 See 31 U.S.C. 3526(e), pursuant to sec. 4(b) of Public Law 97-258 (96 Stat. 1067), which enacted title 31 U.S.C.

(F) travel of the Secretary of State within the United States and outside the United States, including official entertainment; (G) official representational functions of the Secretary of State and other principal officers of the Department of State; (H) official functions outside the United States the expenses for which are not otherwise covered by amounts appropriated for representation allowances;

(I) investigations and apprehension of groups or individuals involved in fraudulent issuance of United States passports and visas; and

(J) gifts of nominal value given by the President, Vice President, or Secretary of State to a foreign dignitary.

(c) 21 The Inspector General of the Department of State 23 shall conduct a periodic 24 audit of the Department of State's emergency expenditures and prepare and transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report indicating whether such expenditures were made in accordance with subsections (a) and (b) of this section.

(d) 21 With regard to the repatriations loan program, the Secretary of State shall

(1) require the borrower to provide a verifiable address and social security number at the time of application;

(2) require a written loan agreement which includes a repayment schedule;

(3) bar passports from being issued or renewed for those individuals who are in default;

(4) refer any loan more than one year past due to the Department of Justice for litigation;

(5) obtain addresses from the Internal Revenue Service for all delinquent accounts which have social security numbers; (6) report defaults to commercial credit bureaus as provided in section 3711(f) of title 31, United States Code;

(7) be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) of title 31, United States Code;

(8) charge interest on all loans as of May 1, 1983, with the rate of interest to be that set forth in section 3717(a) of title 31, United States Code;

(9) assess charges, in addition to the interest provided for in paragraph (8), to cover the costs of processing and handling delinquent claims, as of May 1, 1983;

(10) assess a penalty charge, in addition to the interest provided for in paragraphs (8) and (9), of 6 percent per year for failure to pay any portion of a debt more than ninety days past due; and

(11) implement the interest and penalty provisions in paragraphs (8), (9), and (10) for all current and future loans, regard

23 Sec. 125(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out "and the Foreign Service" at this point.

24 Sec. 125(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out "an annual confidential" and inserted in lieu thereof “a periodic".

less of whether the debts were incurred before or after May 1, 1983.

SEC. 5.25 The Secretary of State is authorized to

(a) provide for participation by the United States in international activities which arise from time to time in the conduct of foreign affairs for which provision has not been made by the terms of any treaty, convention, or special Act of Congress: Provided, That this subsection shall not be construed as granting authority to accept membership for the United States in any international organization, or to participate in the activities of any international organization for more than one year without approval by the Congress; and

(b) pay the expenses of participation in activities in which the United States participates by authority of subsection (a) of this section, including, but not limited to the following:

(1) Employment of aliens;

(2) Travel expenses without regard to the Standardized Government Travel Regulations and to the rates of per diem allowances in lieu of subsistence expenses under the Travel Expense Act of 1949, as amended (5 U.S.C. 57015708).26

(3) Travel expenses of persons serving without compensation in an advisory capacity while away from their homes. or regular places of business not in excess of those authorized for regular officers and employees traveling in connection with said international activities; and

(4) Rental of quarters by contract or otherwise.

SEC. 6.27 The provisions of section 8 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287e), and regulations thereunder, applicable to expenses incurred pursuant to that Act, may be applicable to the obligation and expenditure of funds in connection with United States participation in the International Civil Aviation Organization.

SEC. 7.28 The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles in possession of the Foreign Service abroad, in accordance with section 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), shall be available without fiscal year limitation for replacement of an equal number of such vehicles.

25 22 U.S.C. 2672. The Department of State and Related Agencies Appropriations Act, 1994 (Public Law 103-121; 107 Stat. 1187), provided:

"INTERNATIONAL CONFERENCES AND CONTINGENCIES "For necessary expenses authorized by section 5 of the State Department Basic Authorities Act of 1956, in addition to funds otherwise available for these purposes, contributions for the United States share of general expenses of international organizations and conferences and representation to such organizations and conferences as provided for by 22 U.S.C. 2656 and 2672, and personal services without regard to civil service and classification laws as authorized by 5 U.S.Č. 5102, $6,000,000, to remain available until expended as authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be expended for representation as authorized by 22 U.S.C. 4085.".

26 Formerly 5 U.S.C. 835-842, until codified by sec. 7(b) of Public Law 89-554 (80 Stat. 378; approved September 6, 1966).

27 22 U.S.C. 2673.

28 22 U.S.C. 2674.

SEC. 8.29 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. 9.30 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. 10.31 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 IF APPROPRIATIONS ARE LESS THAN

AUTHORIZATIONS

SEC. 11.32 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 99177; 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.

29 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 thereof, 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.".

30 22 U.S.Č. 2676.

31 22 U.S.C. 2677.

32 22 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: "Notwithstanding section 1344(a) of title 31, United States Code, the Deputy Secretary of State is authorized to use Government-owned vehicles for security purposes for travel between his or her residence and places where official functions are performed."

SEC. 12.33 The Secretary of State, with the approval of the Bureau of the Budget,34 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. 13.35 (a) 36 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) 37 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,34 determines may be performed more advantageously and more economically as central services; and 38 (4) 39 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.38 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.40 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. There shall be transferred into the Treasury as

33 22 U.S.C. 2679.

34 Reorganization Plan No. 2 of 1970 redesignated the Bureau of the Budget as the Office of Management and Budget.

35 22 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(a)(2) 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.".

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

37 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 96-465 (94 Stat. 2157).

38 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".

39 Sec. 109(a) of Public Law 95-426 (92 Stat. 966) added clause (4), effective October 1, 1978. 40 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.