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§ 2668. —  Requisitions for advances to pay lawful obligations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 22USC2668]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 38--DEPARTMENT OF STATE
 
Sec. 2668. Requisitions for advances to pay lawful obligations


(a) Authorization; accounting

    Notwithstanding the provisions of any other law the Secretary of 
State is authorized in his discretion to issue under the limitations and 
restrictions hereinafter established requisitions for advances of funds 
to disbursing officers of the Fiscal Service of the Treasury Department, 
under a ``State account of advances'' not to exceed the total amount of 
appropriations for the Department of State, the amounts so advanced to 
be used exclusively to pay upon proper vouchers obligations lawfully 
payable under the respective appropriations: Provided, That a separate 
``State account of advances'' shall be established on the books of the 
Treasury Department relating to appropriations made to the Department of 
State for each fiscal year and that a ``State account of advances'' 
relating to the appropriations for one fiscal year shall not be used to 
pay vouchers pertaining to the appropriations of any other fiscal year. 
Expenditures from the amounts requisitioned under the ``State account of 
advances'' shall be charged to applicable appropriations on the books of 
the Treasury Department on the basis of transfer and counter warrants 
prepared in the State Department as of the close of each month and prior 
to audit, certification, or adjustment by the General Accounting Office. 
The General Accounting Office shall subsequently declare the sums 
finally due from the several appropriations upon audited vouchers 
according to law and shall certify the same to the Treasury Department 
which shall make the necessary adjustments between appropriations upon 
the basis of such audited settlements of the General Accounting Office: 
Provided further, That such adjustments shall be reflected on the books 
of the Government in the month and fiscal year during which the audited 
settlements are certified to the Treasury.

(b) Removal of outstanding charges

    A charge outstanding in the ``State account of advances'' shall be 
removed by crediting the account of advances and deducting the amount of 
the charge from an appropriation made available for advances to the 
Department of State when--
        (1) relief has been granted or may be granted later to a 
    disbursing official or agent of the Department operating under the 
    account of advances and under a law having no provision for removing 
    charges outstanding in the account of advances; or
        (2) the charge has been--
            (A) outstanding in the account of advances for 2 complete 
        fiscal years; and
            (B) certified by the Secretary of State to the Comptroller 
        General as uncollectable.

(c) Financial liability of disbursing agent or official

    Subsection (b) of this section does not affect the financial 
liability of a disbursing official or agent.

(Apr. 25, 1940, ch. 154, 54 Stat. 163; 1940 Reorg. Plan No. III, 
Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 
97-258, Sec. 2(e), Sept. 13, 1982, 96 Stat. 1059.)

                          Codification

    Section was formerly classified to section 170 of Title 5 prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.

                          Transfer of Functions

    In subsec. (a), ``Fiscal Service of the Treasury Department'' 
substituted for ``Division of Disbursement, Treasury Department'' on 
authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 
30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 
5, Government Organization and Employees, which consolidated such 
division into the Fiscal Service of the Treasury Department. See section 
306 of Title 31, Money and Finance.


                               Amendments

    1982--Pub. L. 97-258 redesignated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).



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