22 U.S.C. § 2696 — Nondiscretionary personnel costs, cur-

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. 102–138 inserted section catchline, des- ignated existing provisions as subsec. (a) and inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1225(f) of Pub. L. 105–277 effec- tive Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title. Amendment by section 1335(l)(1) of Pub. L. 105–277 ef- fective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title. EFFECTIVE DATE Pub. L. 95–426, title I, § 111(b), Oct. 7, 1978, 92 Stat. 967, provided that: ‘‘The amendment made by this section [enacting this section] shall take effect on October 1, 1978.’’ § 2695a. Foreign language services (a) Surcharge for certain foreign language serv- ices Notwithstanding any other provision of law, the Secretary of State is authorized to require the payment of an appropriate fee, surcharge, or reimbursement for providing other Federal agencies with foreign language translation and interpretation services. (b) Use of funds Funds collected under the authority of sub- section (a) shall be deposited as an offsetting collection to any Department of State appro- priation to recover the cost of providing trans- lation or interpretation services in any foreign language. Such funds may remain available until expended. (Pub. L. 103–236, title I, § 193, Apr. 30, 1994, 108 Stat. 419.) § 2695b. Omitted CODIFICATION Section, Pub. L. 104–208, div. A, title I, § 101(a) [title IV], Sept. 30, 1996, 110 Stat. 3009, 3009–46, which provided that in fiscal year 1998 a system was to be in place that allocated to each department and agency full cost of its presence outside of the United States, was from the De- partments of Commerce, Justice, and State, the Judici- ary, and Related Agencies Appropriations Act, 1997, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act: Pub. L. 104–134, title I, § 101[(a)] [title IV], Apr. 26, 1996, 110 Stat. 1321, 1321–36; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 2696. Nondiscretionary personnel costs, cur- rency fluctuations, and other contingencies (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, re- tirement, and other employee benefits author- ized by law. (b) Appropriations authorization based on cur- rency 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 appro- priated for the Department of State such sums as may be necessary to offset adverse fluctua- tions 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 en- acted. (2) In carrying out this subsection, there may be established a Buying Power Maintenance ac- count. (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 ac- count under the heading ‘‘Administration of Foreign Affairs’’ as the Secretary determines are excessive to the needs of the approved level Page 1130 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2696 of operations under that appropriation account because of fluctuations in foreign currency ex- change 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 Mainte- nance account to any appropriation account under the heading ‘‘Administration of Foreign Affairs’’ such amounts as the Secretary deter- mines are necessary to maintain the approved level of operations under that appropriation ac- count. (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 an- other 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 appropria- tion 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 lev- els. (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 avail- able 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 Mainte- nance 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 and shall be available for obligation or expenditure only in accordance with the procedures under such sec- tion. (D) The authorities contained in this para- graph 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 au- thorized 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 ap- propriated for such fiscal year for any other ac- count of the Department of State. (2) Amounts appropriated for the ‘‘Diplomatic and Consular Programs’’ account may not ex- ceed by more than 5 percent the amount specifi- cally authorized to be appropriated for such ac- count for a fiscal year. No other appropriations account may exceed by more than 10 percent the amount specifically authorized to be appro- priated for such account for a fiscal year. (3) The requirements and limitations of sec- tion 2680 of this title shall not apply to the ap- propriation of funds pursuant to this subsection. (e) Availability of funds for twelve-month con- tracts 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 obli- gated 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. (Aug. 1, 1956, ch. 841, title I, § 24, as added Pub. L. 96–60, title I, § 105(a), Aug. 15, 1979, 93 Stat. 396; renumbered title I and amended Pub. L. 97–241, title I, § 112(a), title II, § 202(a), Aug. 24, 1982, 96 Stat. 277, 282; Pub. L. 101–246, title I, § 107, Feb. 16, 1990, 104 Stat. 21; Pub. L. 102–138, title I, § 117(a), (c), Oct. 28, 1991, 105 Stat. 656, 657; Pub. L. 103–236, title I, § 122(a), Apr. 30, 1994, 108 Stat. 392; Pub. L. 110–252, title I, § 1408(b), June 30, 2008, 122 Stat. 2342.) Editorial Notes AMENDMENTS 2008—Subsec. (b)(7)(D). Pub. L. 110–252 amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘The authorities contained in this sec- tion may only be exercised to such an extent and in such amounts as specifically provided for in advance in appropriations Acts.’’ 1994—Subsec. (b)(7)(E). Pub. L. 103–236, § 122(a)(1), struck out subpar. (E) which read as follows: ‘‘This paragraph shall cease to have effect after September 30, 1993.’’ Subsec. (d)(1). Pub. L. 103–236, § 122(a)(2), substituted ‘‘either fiscal year’’ for ‘‘the second fiscal year’’ and ‘‘such fiscal year’’ for ‘‘such second fiscal year’’. Subsec. (d)(2). Pub. L. 103–236, § 122(a)(3), amended first sentence generally. Prior to amendment, first sen- tence read as follows: ‘‘Amounts appropriated for the ‘Salaries and Expenses’ and ‘Acquisition and Mainte- nance of Buildings Abroad’ accounts may not exceed by more than 5 percent the amounts specifically author- ized to be appropriated for each such account for a fis- cal year.’’ Subsec. (d)(4). Pub. L. 103–236, § 122(a)(4), struck out par. (4) which read as follows: ‘‘This subsection shall cease to have effect after September 30, 1993.’’ 1991—Subsec. (b)(7). Pub. L. 102–138, § 117(a), added par. (7). Subsec. (d). Pub. L. 102–138, § 117(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘Amounts authorized to be appropriated for the Department of State for a fiscal year for the ‘Ad- ministration of Foreign Affairs’ account, the ‘Inter- national Organizations and Conferences’ account, the ‘International Commissions’ account, or the ‘Migration and Refugee Assistance’ account may be appropriated for that fiscal year for any other such account, except that the total amount appropriated for a fiscal year for any such account may not exceed by more than 10 per- cent the amount specifically authorized to be appro- priated for that account for that fiscal year.’’ 1990—Subsec. (e). Pub. L. 101–246 added subsec. (e). 1982—Subsec. (b). Pub. L. 97–241, § 112(a), designated existing provision as par. (1), substituted provision au- thorizing appropriations to offset adverse fluctuations Page 1131 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2697 in foreign currency exchange rates and overseas wage and price changes which occur after Nov. 30 of the ear- lier of the calendar year which ended during the fiscal year preceding such fiscal year or the calendar year which preceded the calendar year during which the au- thorization of appropriations for such fiscal year was enacted, for provision authorizing appropriations to offset adverse fluctuations in foreign currency ex- change rates occurring after Nov. 30 of the preceding fiscal year, and added pars. (2) to (6). Statutory Notes and Related Subsidiaries REFERENCES TO DIPLOMATIC AND CONSULAR PROGRAMS ACCOUNT References to the Diplomatic and Consular Programs account to be construed to include the Diplomatic Pro- grams account in fiscal year 2020 and each fiscal year thereafter. See par. (7) of title I of div. G of Pub. L. 116–94, set out as a note under section 2651 of this title. EFFECTIVE DATE Pub. L. 96–60, title I, § 105(b), Aug. 15, 1979, 93 Stat. 396, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect on October 1, 1979.’’ § 2697. Acceptance of gifts on behalf of United States (a) Unconditional and conditional gifts The Secretary of State may accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the De- partment of State (including the Foreign Serv- ice) or for the carrying out of any of its func- tions. Conditional gifts may be so accepted at the discretion of the Secretary, and the prin- cipal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, except that no gift shall be accepted which is conditioned upon any expenditure which will not be met by the gift or the income from the gift unless such expenditure has been approved by Act of Con- gress. (b) Disposition Any unconditional gift of money accepted under subsection (a), the income from any gift property held under subsection (c) or (d) (except income made available for expenditure under subsection (d)(2)), the net proceeds from the liq- uidation of gift property under subsection (c) or (d), and the proceeds of insurance on any gift property which are not used for its restoration, shall be deposited in the Treasury of the United States. Such funds are hereby appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Department of State (including the Foreign Service). The Sec- retary of the Treasury may invest and reinvest such funds in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such funds and the income from such invest- ments shall be available for expenditure in the operation of the Department of State (including the Foreign Service) and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Foreign Service by the Congress, but shall not be expended for representational purposes at United States missions except in accordance with the conditions that apply to appropriated funds. (c) Evidences of unconditional gift of intangible personal property The evidences of any unconditional gift of in- tangible personal property (other than money) accepted under subsection (a), shall be deposited with the Secretary of the Treasury who may hold or liquidate them, except that they shall be liquidated upon the request of the Secretary of State whenever necessary to meet payments re- quired in the operation of the Department of State (including the Foreign Service) or the per- formance of its functions. (d) Use of real property or tangible personal property received unconditionally (1) The Secretary of State shall hold any real property or any tangible personal property ac- cepted unconditionally pursuant to subsection (a) and shall either use such property for the op- eration of the Department of State (including the Foreign Service) and the performance of its functions or lease or hire such property, except that any such property not required for the op- eration of the Department of State (including the Foreign Service) or the performance of its functions may be liquidated by the Secretary of State whenever in the judgment of the Sec- retary of State the purposes of the gift will be served thereby. The Secretary of State may in- sure any property held under this subsection. Except as provided in paragraph (2), the Sec- retary shall deposit the income from any prop- erty held under this subsection with the Sec- retary of the Treasury as provided in subsection (b). (2) The income from any real property or tan- gible personal property held under this sub- section shall be available for expenditure at the discretion of the Secretary of State for the maintenance, preservation, or repair and insur- ance of such property and any proceeds from in- surance may be used to restore the property in- sured. (e) Taxation For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest accepted under this section shall be deemed to be a gift, devise, or bequest to and for the use of the United States. (f) Availability of statutory authorities to Broad- casting Board and Administrator of AID The authorities available to the Secretary of State under this section with respect to the De- partment of State shall be available to the Broadcasting Board of Governors and the Ad- ministrator of the Agency for International De- velopment with respect to the Board and the Agency. (Aug. 1, 1956, ch. 841, title I, § 25, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2153; 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. 100–204, title I, § 125, Dec. 22, 1987, 101 Stat. 1341; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(2), title XIV, § 1422(b)(3)(A), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792.)