§ 2696. — Nondiscretionary personnel costs, currency fluctuations, and other contingencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2696]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2696. Nondiscretionary personnel costs, currency
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, retirement, and other employee benefits
authorized by law.
(b) Appropriations authorization based on currency 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 appropriated for the
Department of State such sums as may be necessary to offset adverse
fluctuations 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
enacted.
(2) In carrying out this subsection, there may be established a
Buying Power Maintenance account.
(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 account under the heading ``Administration
of Foreign Affairs'' as the Secretary determines are excessive to the
needs of the approved level of operations under that appropriation
account because of fluctuations in foreign currency exchange 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 Maintenance account to any
appropriation account under the heading ``Administration of Foreign
Affairs'' such amounts as the Secretary determines are necessary to
maintain the approved level of operations under that appropriation
account.
(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
another 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 appropriation 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 levels.
(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 available 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 Maintenance 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 section.
(D) The authorities contained in this section may only be exercised
to such an extent and in such amounts as specifically provided for in
advance in appropriations Acts.
(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 authorized 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 appropriated for such fiscal year
for any other account of the Department of State.
(2) Amounts appropriated for the ``Diplomatic and Consular
Programs'' account may not exceed by more than 5 percent the amount
specifically authorized to be appropriated for such account for a fiscal
year. No other appropriations account may exceed by more than 10 percent
the amount specifically authorized to be appropriated for such account
for a fiscal year.
(3) The requirements and limitations of section 2680 of this title
shall not apply to the appropriation of funds pursuant to this
subsection.
(e) Availability of funds for twelve-month contracts 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
obligated 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, Sec. 24, as added Pub. L. 96-60, title
I, Sec. 105(a), Aug. 15, 1979, 93 Stat. 396; renumbered title I and
amended Pub. L. 97-241, title I, Sec. 112(a), title II, Sec. 202(a),
Aug. 24, 1982, 96 Stat. 277, 282; Pub. L. 101-246, title I, Sec. 107,
Feb. 16, 1990, 104 Stat. 21; Pub. L. 102-138, title I, Sec. 117(a), (c),
Oct. 28, 1991, 105 Stat. 656, 657; Pub. L. 103-236, title I,
Sec. 122(a), Apr. 30, 1994, 108 Stat. 392.)
Amendments
1994--Subsec. (b)(7)(E). Pub. L. 103-236, Sec. 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, Sec. 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, Sec. 122(a)(3), amended first
sentence generally. Prior to amendment, first sentence read as follows:
``Amounts appropriated for the `Salaries and Expenses' and `Acquisition
and Maintenance of Buildings Abroad' accounts may not exceed by more
than 5 percent the amounts specifically authorized to be appropriated
for each such account for a fiscal year.''
Subsec. (d)(4). Pub. L. 103-236, Sec. 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, Sec. 117(a), added par. (7).
Subsec. (d). Pub. L. 102-138, Sec. 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 `Administration of Foreign Affairs' account, the
`International 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 percent
the amount specifically authorized to be appropriated for that account
for that fiscal year.''
1990--Subsec. (e). Pub. L. 101-246 added subsec. (e).
1982--Subsec. (b). Pub. L. 97-241, Sec. 112(a), designated existing
provision as par. (1), substituted provision authorizing appropriations
to offset adverse fluctuations in foreign currency exchange rates and
overseas wage and price changes which occur after Nov. 30 of the earlier
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 authorization of appropriations for such fiscal year was
enacted, for provision authorizing appropriations to offset adverse
fluctuations in foreign currency exchange rates occurring after Nov. 30
of the preceding fiscal year, and added pars. (2) to (6).
Effective Date
Section 105(b) of Pub. L. 96-60 provided that: ``The amendment made
by subsection (a) [enacting this section] shall take effect on October
1, 1979.''
Section Referred to in Other Sections
This section is referred to in section 4851 of this title.
