22 U.S.C. § 2684 — Capital fund for Department of State to

Page 1124 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2684 1 So in original. Probably should be followed by a period. section 601 of Title 15, Commerce and Trade, abolished the Reconstruction Finance Corporation. § 2684. Capital fund for Department of State to centralize reproduction, editorial, data proc- essing, audiovisual and other services; max- imum amount; operation of fund (a) Establishment of fund There is hereby established a working capital fund for the Department of State, which shall be available without fiscal year limitation, for ex- penses (including those authorized by the For- eign Service Act of 1980 [22 U.S.C. 3901 et seq.]) and equipment, necessary for maintenance and operation in the city of Washington and else- where of (1) central reproduction, editorial, data processing, audiovisual, library and administra- tive support services; (2) central services for supplies and equipment (including repairs); (3) such other administrative services as the Sec- retary, with the approval of the Office of Man- agement and Budget, determines may be per- formed more advantageously and more economi- cally as central services; and (4) 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 [22 U.S.C. 4301 et seq.] 1 The capital of the fund shall con- sist 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, to- gether with any appropriations made for the purpose of providing capital. 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 an- nual leave and depreciation of plant and equip- ment 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 trans- ferred into the Treasury as miscellaneous re- ceipts, as of the close of each fiscal year, earn- ings which the Secretary determines to be ex- cess to the needs of the fund. (b) Charges to fund; credit to appropriations The current value of supplies returned to the working capital fund by a post, activity, or agency may be charged to the fund. The pro- ceeds thereof shall, if otherwise authorized, be credited to current applicable appropriations and shall remain available for expenditures for the same purposes for which those appropria- tions are available. Credits may not be made to appropriations under this subsection as the re- sult of capitalization of inventories. (Aug. 1, 1956, ch. 841, title I, § 13, as added Pub. L. 88–205, pt. IV, § 405, Dec. 16, 1963, 77 Stat. 391; amended 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970 35 F.R. 7959, 84 Stat. 2085; Pub. L. 92–226, pt. IV, § 407(c), Feb. 7, 1972, 86 Stat. 35; Pub. L. 95–426, title I, § 109(a), Oct. 7, 1978, 92 Stat. 966; Pub. L. 96–465, title II, § 2201(b), Oct. 17, 1980, 94 Stat. 2157; renumbered title I and amended Pub. L. 97–241, title II, §§ 202(a), 203(a), Aug. 24, 1982, 96 Stat. 282, 290; Pub. L. 101–246, title I, § 112, Feb. 16, 1990, 104 Stat. 21.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (a), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. Title II of this Act, referred to in subsec. (a), is title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, § 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to chapter 53 (§ 4301 et seq.) of this title. For complete classification of title II to the Code, see Short Title note set out under section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 170u of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–246 inserted ‘‘and’’ be- fore ‘‘(4)’’, struck out ‘‘; and (5) services and supplies to carry out title II of this Act’’, and inserted provision that the fund also be available without fiscal year limi- tation to carry out the purposes of title II of this Act. 1982—Subsec. (a)(5). Pub. L. 97–241, § 203(a), added cl. (5). 1980—Subsec. (a). Pub. L. 96–465 substituted ‘‘Foreign Service Act of 1980’’ for ‘‘Foreign Service Act of 1946, as amended’’. 1978—Pub. L. 95–426 designated existing provisions as subsec. (a), substituted ‘‘central services’’ for ‘‘central supply services’’ in cl. (2), struck out ‘‘and’’ at end of cl. (2), inserted ‘‘; and (4) medical and health care serv- ices’’, struck out ‘‘Not to exceed $750,000 in net assets shall be transferred to the fund for purposes of pro- viding capital’’ after ‘‘for the purpose of providing cap- ital’’, and added subsec. (b). 1972—Pub. L. 92–226 struck out last sentence author- izing appropriation of amounts necessary to provide capital for the fund. See section 2680 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–426, title I, § 109(b), Oct. 7, 1978, 92 Stat. 967, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on October 1, 1978.’’ Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of Page 1125 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2684b 1 So in original. Probably should be ‘‘Bureau of Information Resource Management’’. the Budget transferred to President by section 101 of Reorg. Plan No. 2, of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970 re- designated Bureau of the Budget as Office of Manage- ment and Budget and offices of Director, Deputy Direc- tor, and Assistant Directors of Bureau of the Budget as Director, Deputy Director, and Assistant Directors, re- spectively, of Office of Management and Budget. Sec- tion 103 of Reorg. Plan No. 2 of 1970 transferred all records, property, personnel, and funds of Bureau to Of- fice of Management and Budget. See Part I of Reorga- nization Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees. § 2684a. Capital Investment Fund (a) Establishment There is established within the Department of State a Capital Investment Fund to provide for the procurement and enhancement of informa- tion technology and other related capital invest- ments for the Department of State and to ensure the efficient management, coordination, oper- ation, and utilization of such resources. (b) Funding Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund. (c) Availability Amounts deposited into the Fund shall remain available until expended. (d) Expenditures from Fund Amounts deposited in the Fund shall be avail- able for purposes of subsection (a). (e) Reprogramming procedures Funds credited to the Capital Investment Fund shall not be available for obligation or ex- penditure except in compliance with the proce- dures applicable to reprogramming notifications under section 2706 of this title. (Pub. L. 103–236, title I, § 135, Apr. 30, 1994, 108 Stat. 396; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2209, Oct. 21, 1998, 112 Stat. 2681–811.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 2209(1), inserted ‘‘and enhancement’’ after ‘‘procurement’’. Subsec. (c). Pub. L. 105–277, § 2209(2), substituted ‘‘shall’’ for ‘‘are authorized to’’. Subsec. (d). Pub. L. 105–277, § 2209(3), substituted ‘‘for purposes of subsection (a)’’ for ‘‘for expenditure to pro- cure capital equipment and information technology’’. Subsec. (e). Pub. L. 105–277, § 2209(4), reenacted head- ing without change and amended text generally. Prior to amendment, text read as follows: ‘‘Funds credited to the Capital Investment Fund shall be treated as a re- programming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.’’ § 2684b. Strengthening the Chief Information Of- ficer of the Department of State (a) In general The Chief Information Officer of the Depart- ment shall be consulted on all decisions to ap- prove or disapprove, significant new unclassified information technology expenditures, including software, of the Department, including expendi- tures related to information technology ac- quired, managed, and maintained by other bu- reaus and offices within the Department, in order to— (1) encourage the use of enterprise software and information technology solutions where such solutions exist or can be developed in a timeframe and manner consistent with main- taining and enhancing the continuity and im- provement of Department operations; (2) increase the bargaining power of the De- partment in acquiring information technology solutions across the Department; (3) reduce the number of redundant Authori- ties to Operate (ATO), which, instead of using one ATO-approved platform across bureaus, requires multiple ATOs for software use cases across different bureaus; (4) enhance the efficiency, reduce redun- dancy, and increase interoperability of the use of information technology across the enter- prise of the Department; (5) enhance training and alignment of infor- mation technology personnel with the skills required to maintain systems across the De- partment; (6) reduce costs related to the maintenance of, or effectuate the retirement of, legacy sys- tems; (7) ensure the development and maintenance of security protocols regarding the use of in- formation technology solutions and software across the Department; and (8) improve end-user training on the oper- ation of information technology solutions and to enhance end-user cybersecurity practices. (b) Strategy and implementation plan required (1) In general Not later than 180 days after December 22, 2023, the Chief Information Officer of the De- partment shall develop, in consultation with relevant bureaus and offices as appropriate, a strategy and a 5-year implementation plan to advance the objectives described in subsection (a). (2) Consultation No later than one year after December 22, 2023, the Chief Information Officer shall sub- mit the strategy required by this subsection to the appropriate congressional committees and shall consult with the appropriate congres- sional committees, not less than on an annual basis for 5 years, regarding the progress re- lated to the implementation plan required by this subsection. (c) Improvement plan for the Bureau for Infor- mation Resources Management 1 (1) In general Not later than 180 days after December 22, 2023, the Chief Information Officer shall de- velop policies and protocols to improve the customer service orientation, quality and timely delivery of information technology so- lutions, and training and support for bureau and office-level information technology offi- cers.