22 U.S.C. § 2695 — Administrative services

Page 1128 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2692 amended Oct. 7, 1978, Pub. L. 95–426, title I, § 119, 92 Stat. 970; Aug. 15, 1979, Pub. L. 96–60, title I, § 109, 93 Stat. 397; renumbered title I, Aug. 24, 1982, Pub. L. 97–241, title II, § 202(a), 96 Stat. 282, related to compli- ance with the Helsinki Final Act in the granting of nonimmigrant visas to aliens who are excludible from the United States by reason of membership in or affili- ation with a proscribed organization but who are other- wise admissible, and provided that this section not apply to representatives of labor organizations that are instruments of a totalitarian state or aliens connected with the Palestine Liberation Organization. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section repealed applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of Title 8, Aliens and Nationality. § 2692. Compensation for persons participating in State Department proceedings; avail- ability of funds (a) The Secretary of State may compensate, pursuant to regulations which he shall pre- scribe, for the cost of participating in any pro- ceeding or on any advisory committee or delega- tion of the Department of State, any organiza- tion 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 partici- pate 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 ex- ceed $250,000 shall be available in any fiscal year for compensation under this section to such or- ganizations and persons. (Aug. 1, 1956, ch. 841, title I, § 22, as added Pub. L. 95–105, title I, § 113(a), Aug. 17, 1977, 91 Stat. 848; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–105, title I, § 113(b), Aug. 17, 1977, 91 Stat. 849, provided that: ‘‘Subsection (a) [enacting this sec- tion] shall become effective on October 1, 1977.’’ § 2693. Repealed. Pub. L. 96–465, title II, § 2205(3), Oct. 17, 1980, 94 Stat. 2160 Section, Pub. L. 95–105, title IV, § 413, Aug. 17, 1977, 91 Stat. 856, related to employment of family members abroad in non-career positions. See sections 3951, 3968, and 4026 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Feb. 15, 1981, except as otherwise pro- vided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. § 2694. Limitation on purchase of gifts for foreign individuals; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate (1) After September 30, 1977, no appropriated funds, other than funds from the ‘‘Emergencies in the Diplomatic and Consular Service’’ ac- count of the Department of State, may be used to purchase any tangible gift of more than mini- mal value (as defined in section 7342(a)(5) of title 5) for any foreign individual unless such gift has been approved by the Congress. (2) Beginning October 1, 1977, the Secretary of State shall annually transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing details on (1) any gifts of more than minimal value purchased with appropriated funds which were given to a foreign individual during the previous fiscal year, and (2) any other gifts of more than mini- mal value given by the United States Govern- ment to a foreign individual which were not ob- tained using appropriated funds. (Pub. L. 95–105, title V, § 515(b), Aug. 17, 1977, 91 Stat. 866.) § 2695. Administrative services (a) Agreements Whenever the head of any Federal agency per- forming any foreign affairs functions (including, but not limited to, the Department of State, the Broadcasting Board of Governors, and the Agen- cy for International Development) determines that administrative services performed in com- mon 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 may, subject to the approval of the Director of the Of- fice of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within one of the other agencies concerned of so much of the functions, personnel, property, records, and funds of the Department and of the other agencies concerned as may be necessary to enable the performance of those administrative services on a consolidated basis for the benefit of all agencies concerned. Agreements for con- solidation of administrative services under this section shall provide for reimbursement or ad- vances of funds from the agency receiving the service to the agency performing the service in amounts which will approximate the expense of providing administrative services for the serv- iced agency. (b) Payment (1) A Federal agency which obtains adminis- trative services from the Department of State pursuant to an agreement authorized under sub- section (a) shall make full and prompt payment for such services through advance of funds or re- imbursement. (2) The Secretary of State shall bill each Fed- eral agency for amounts due for services pro- vided pursuant to subsection (a). The Secretary shall notify a Federal agency which has not 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