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22 U.S.C. § 2696 — Nondiscretionary personnel costs, currency fluctuations, and other contingencies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional appropriations** There are authorized to be appropriated for the Department of State, in addition to amounts otherwise authorized to be appropriated for the Department, such sums as may be necessary for any fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law.
**(b) Appropriations authorization based on currency fluctuations**
(1) In order to maintain the levels of program activity for the Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for the Department of State such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, which occur after November 30 of the earlier of—
(A) the calendar year which ended during the fiscal year preceding such fiscal year, or
(B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted.
(2) In carrying out this subsection, there may be established a Buying Power Maintenance account.
(3) In order to eliminate substantial gains to the approved levels of overseas operations for the Department of State, the Secretary of State shall transfer to the Buying Power Maintenance account such amounts in any appropriation account under the heading “Administration of Foreign Affairs” as the Secretary determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.
(4) In order to offset adverse fluctuations in foreign currency exchange rates or overseas wage and price changes, the Secretary of State may transfer f
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Source file: Laws/federal/codes/united-states-code/title-22/section-2696-nondiscretionary-personnel-costs-currency-fluctuations-and-other-conting--13ae8b90b9.md
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Passage SHA-256: c8da0b42d71fb329e51a76f51abb7a1bc9ba9e90fbe798213ec52efb871b8f6d
Source location: Title 22, Chapter 38, § 2696; chapter-038-department-of-state.md
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**(a) Additional appropriations** There are authorized to be appropriated for the Department of State, in addition to amounts otherwise authorized to be appropriated for the Department, such sums as may be necessary for any fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law.
**(b) Appropriations authorization based on currency fluctuations**
(1) In order to maintain the levels of program activity for the Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for the Department of State such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, which occur after November 30 of the earlier of—
(A) the calendar year which ended during the fiscal year preceding such fiscal year, or
(B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted.
(2) In carrying out this subsection, there may be established a Buying Power Maintenance account.
(3) In order to eliminate substantial gains to the approved levels of overseas operations for the Department of State, the Secretary of State shall transfer to the Buying Power Maintenance account such amounts in any appropriation account under the heading “Administration of Foreign Affairs” as the Secretary determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.
(4) In order to offset adverse fluctuations in foreign currency exchange rates or overseas wage and price changes, the Secretary of State may transfer from the Buying Power Maintenance account to any appropriation account under the heading “Administration of Foreign Affairs” such amounts as the Secretary determines are necessary to maintain the approved level of operations under that appropriation account.
(5) Funds transferred by the Secretary of State from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Secretary from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended.
(6) Any restriction contained in an appropriation Act or other provision of law limiting the amounts available for the Department of State that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.
(7)
(A) Subject to the limitations contained in this paragraph, not later than the end of the fifth fiscal year after the fiscal year for which funds are appropriated or otherwise made available for an account under “Administration of Foreign Affairs”, the Secretary of State may transfer any unobligated balance of such funds to the Buying Power Maintenance account.
(B) The balance of the Buying Power Maintenance account may not exceed $100,000,000 as a result of any transfer under this paragraph.
(C) Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2706&num=0&edition=prelim) and shall be available for obligation or expenditure only in accordance with the procedures under such section.
(D) The authorities contained in this paragraph may be exercised only with respect to funds appropriated or otherwise made available after fiscal year 2008.
**(c) Availability of appropriations until expended** Amounts authorized to be appropriated for a fiscal year for the Department of State or to the Secretary of State are authorized to be made available until expended.
**(d) Accounts subject to percentage limitation**
(1) Subject to paragraphs (2) and (3), funds authorized to be appropriated for any account of the Department of State in the Department of State Appropriations Act, for either fiscal year of any two-year authorization cycle may be appropriated for such fiscal year for any other account of the Department of State.
(2) Amounts appropriated for the “Diplomatic and Consular Programs” account may not exceed by more than 5 percent the amount specifically authorized to be appropriated for such account for a fiscal year. No other appropriations account may exceed by more than 10 percent the amount specifically authorized to be appropriated for such account for a fiscal year.
(3) The requirements and limitations of [section 2680 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2680&num=0&edition=prelim) shall not apply to the appropriation of funds pursuant to this subsection.
**(e) Availability of funds for twelve-month contracts to be performed in two fiscal years** Amounts authorized to be appropriated for a fiscal year for the Department of State or to the Secretary of State are authorized to be obligated for twelve-month contracts which are to be performed in two fiscal years, if the total amount for such contracts is obligated in the earlier fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate are notified fifteen days in advance of the proposed reprograming, funds appropriated for the Department of State shall not be available for obligation or expenditure through any reprograming of funds—
(1) which creates new programs;
(2) which eliminates a program, project, or activity;
(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress;
(4) which relocates an office or employees;
(5) which reorganizes offices, programs, or activities;
(6) which involves contracting out functions which had been performed by Federal employees; or
(7) which involves a reprograming in excess of $1,000,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress.
**(b) Final 15 days in which funds available** Funds appropriated for the Department of State may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period.
**(c) Waiver** The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that fa
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2706
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding any provision of law enacted before October 26, 1974, 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
(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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1129
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2696
made full payment for services within 90 days
after billing that services to the agency will be
suspended or terminated if full payment is not
made within 180 days after the date of notifica-
tion. Except as provided under paragraph (3), the
Secretary shall suspend or terminate services to
a Federal agency which has not made full pay-
ment for services under this section 180 days
after the date of notification. Any costs associ-
ated with a suspension or termination of serv-
ices shall be the responsibility of, and shall be
billed to, the Federal agency.
(3) The Secretary of State may waive the re-
quirement for suspension or termination under
paragraph (2) with respect to such services as
the Secretary determines are necessary to en-
sure the protection of life and the safety of
United States Government property. A waiver
may be issued for a period not to exceed one
year and may be renewed.
(Aug. 1, 1956, ch. 841, title I, § 23, as added Pub.
L. 95–426, title I, § 111(a), Oct. 7, 1978, 92 Stat. 967;
renumbered title I and amended Pub. L. 97–241,
title II, § 202(a), title III, § 303(b), Aug. 24, 1982, 96
Stat. 282, 291; Pub. L. 102–138, title I, § 118, Oct.
28, 1991, 105 Stat. 657; Pub. L. 105–277, div. G,
subdiv.
A,
title
XII,
§ 1225(f),
title
XIII,
§ 1335(l)(1), Oct. 21, 1998, 112 Stat. 2681–775,
2681–789.)
Editorial Notes
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277, § 1335(l)(1), sub-
stituted
‘‘Broadcasting
Board
of
Governors’’
for
‘‘United States Information Agency’’.
Pub. L. 105–277, § 1225(f), substituted ‘‘and the Agency
for International Development’’ for ‘‘the Agency for
International Development, and the Arms Control and
Disarmament Agency’’.
1991—Pub. L. 102
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