22 U.S.C. § 2678 — Reduction in earmarks if appropriations

Page 1115 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2679a with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, house- hold 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. (Aug. 1, 1956, ch. 841, title I, § 10, 70 Stat. 891; re- numbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Editorial Notes CODIFICATION Section was formerly classified to section 170o 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. § 2678. Reduction in earmarks if appropriations are less than authorizations If the amount appropriated (or made available in the event of a sequestration order issued pur- suant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; [2 U.S.C. 900 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 ap- propriated (or made available in the event of se- questration) bears to the authorization amount. (Aug. 1, 1956, ch. 841, title I, § 11, as added Pub. L. 101–246, title I, § 106, Feb. 16, 1990, 104 Stat. 20.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in text, is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended pro- visions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. PRIOR PROVISIONS A prior section 2678, acts Aug. 1, 1956, ch. 841, title I, § 11, 70 Stat. 892; Sept. 8, 1960, Pub. L. 86–723, § 50, 74 Stat. 847; renumbered title I, Aug. 24, 1982, Pub. L. 97–241, title II, § 202(a), 96 Stat. 282; Oct. 19, 1984, Pub. L. 98–533, title III, § 303(b), 98 Stat. 2711, related to use of Government-owned vehicles for security purposes for travel by the Deputy Secretary of State, prior to repeal by Pub. L. 99–550, § 2(d), Oct. 27, 1986, 100 Stat. 3070. § 2679. Maximum rates of per diem in lieu of sub- sistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and as- sistance The Secretary of State, with the approval of the Office of Management and Budget, shall pre- scribe the maximum rates of 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 tech- nical information and assistance, under the ju- risdiction of any Government agency, and said rates may be fixed without regard to any provi- sion of law in limitation thereof. (Aug. 1, 1956, ch. 841, title I, § 12, 70 Stat. 892; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Editorial Notes CODIFICATION Section was formerly classified to section 170q 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. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of 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. DELEGATION OF FUNCTIONS Authority of Secretary of State under this section to prescribe certain maximum rates of per diem in lieu of subsistence (or of similar allowances therefor), without the approval, ratification, or other action of President, delegated to Secretary of State, see section 4 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. § 2679a. Procurement contracts (a) Funding for periods not in excess of five years; conditions Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when— (1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and (2) the Secretary of State determines that— (A) the need of the Government for the property or service being acquired over the