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22 U.S.C. § 295Authorization of appropriations; Foreign Service Building Fund; expenditures; foreign currencies

submitted 100 years ago by ch. 250 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,668 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law authorizes federal spending, mostly through the Foreign Service Building Fund, to buy, build, and repair U.S. diplomatic buildings abroad. It sets a series of spending caps by region and year across several decades, plus rules on using foreign currency and shifting a limited share of money between purposes. A 2018 provision also lets the Secretary of State transfer some security-related funds between accounts, with advance notice to Congress.

(a) To carry out this chapter's purposes, Congress may spend up to $10,000,000 total. That money forms a fund called the Foreign Service Building Fund, which stays available until it is spent. No more than $2,000,000 of it may be appropriated in any single year, but within the total amount, the Secretary of State may sign contracts to buy the buildings and land this chapter allows. Once a building's first repairs and furnishing are done, later spending on it may come from money Congress authorizes each year. (b) Congress may also spend up to $90,000,000, on top of amounts already authorized, but only to pay for the value of property or credits under section 295b of this title. This money also stays available until spent. (c) Congress may spend up to $10,000,000 more, on top of earlier amounts, which also stays available until spent. (d) Beyond what was already authorized, Congress may spend more, split two ways. (1) For buying — by purchase, construction, or lease — sites and buildings abroad, and for major building alterations, up to these amounts by region: Africa, $7,140,000 (up to $3,270,000 in fiscal year 1964); the American Republics, $5,360,000 (up to $4,030,000 in 1964); Europe, $6,839,000 (up to $1,820,000 in 1964); the Far East, $2,350,000 (up to $2,200,000 in 1964); the Near East, $2,710,000 (up to $2,100,000 in 1964); United States Information Agency facilities, $1,125,000 (up to $720,000 in 1964); and agricultural and defense attaché housing, $800,000 (up to $400,000 in 1964). (2) For the chapter's other purposes: up to $11,500,000 for fiscal year 1964, $12,000,000 for 1965, $12,200,000 for 1966, and $12,400,000 for 1967. (e) To carry out this chapter in South Vietnam, Congress may spend $2,600,000 more, beyond what was authorized before May 21, 1965, staying available until spent. (f) Beyond what was authorized before October 10, 1966, Congress may spend more, split two ways. (1) For buying or building sites and buildings abroad and major alterations: Africa, $5,485,000 (up to $1,885,000 in fiscal year 1967); the American Republics, $7,920,000 (up to $3,585,000 in 1967); Europe, $3,310,000 (up to $785,000 in 1967); the Far East, $3,150,000 (up to $560,000 in 1967); the Near East, $6,930,000 (up to $1,890,000 in 1967); United States Information Agency facilities, $615,000 (up to $430,000 in 1967); and agricultural and defense attaché housing, $800,000 (up to $400,000 in 1967). (2) For the chapter's other purposes: up to $12,600,000 for 1968, $12,750,000 for 1969, $13,500,000 for 1970, $14,300,000 for 1971, $15,000,000 for 1972, and $15,900,000 for 1973. (g) Beyond what was authorized before June 22, 1973, Congress may spend more, split two ways. (1) For buying or building sites and buildings abroad and major alterations: Africa, $850,000 (up to $631,000 in fiscal year 1974); the American Republics, $240,000 (all in 1974); Europe, $682,000 (up to $204,000 in 1974); East Asia, $1,243,000 (up to $985,000 in 1974); the Near East and South Asia, $10,433,000 (up to $2,287,000 in 1974); United States Information Agency facilities, $45,000 starting in fiscal year 1975; and agricultural and defense attaché housing, $318,000 starting in fiscal year 1974. (2) For the chapter's other purposes in fiscal years 1974 and 1975: $48,532,000, of which up to $23,066,000 may be spent in 1974. (h) Beyond what was authorized before November 29, 1975, Congress may spend more, split two ways. (1) For buying or building sites and buildings abroad and major alterations: Europe, $225,000 for fiscal year 1977; the Near East and South Asia, $12,885,000 (up to $3,985,000 in 1976); United States Information Agency facilities, $3,400,000 (up to $2,800,000 in 1976); agricultural and defense attaché housing, $150,000 for 1977; and facilities for the United States Agency for International Development, $17,200,000 for 1977. (2) For the chapter's other purposes in fiscal years 1976 and 1977: $73,058,000, of which up to $32,840,000 may be spent in 1976. (i) (1) All money appropriated under this chapter stays available until spent. As much as possible, spending under this chapter should come from foreign currencies the United States already owns or is owed. (2) Under any of the region-by-region lists in subsections (d), (f), (g), and (h), up to 10 percent of the money authorized for one listed purpose may instead be used for any other purpose listed in that same paragraph. (3) Congress may also spend whatever extra money is needed for salary, retirement, or other employee benefit increases required by law. (j) (1) Besides any other transfer power the Secretary of State already has, the Secretary may move money between the "Diplomatic and Consular Programs" appropriation, including Worldwide Security Protection, and the "Embassy Security, Construction, and Maintenance" appropriation for fiscal year 2018, if the Secretary decides the move is needed to carry out the Benghazi Accountability Review Board's recommendations, or to prevent or respond to security situations. Any such transfer (A) cannot exceed 20 percent of the money available in fiscal year 2018 for the State Department's "Administration of Foreign Affairs," and cannot increase any single appropriation by more than 10 percent; and (B) once transferred, the money follows the same terms and conditions as the appropriation it joins. (2) At least 15 days before making a transfer under paragraph (1), the Secretary must notify, in writing, the Senate Foreign Relations and Appropriations Committees and the House Foreign Affairs and Appropriations Committees, describing the specific security need behind the transfer.
the actual law source: uscode.house.gov ↗public domain
(a)

For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated an amount not exceeding $10,000,000, and the appropriations made pursuant to this authorization shall constitute a fund to be known as the Foreign Service Building Fund, to remain available until expended. Under this authorization not more than $2,000,000 shall be appropriated for any one year, but within the total authorization provided in this chapter the Secretary of State may enter into contracts for the acquisition of the buildings and grounds authorized by this chapter. In the case of the buildings and grounds authorized by this chapter, after the initial alterations, repairs, and furnishing have been completed, subsequent expenditures for such purposes may be made out of the appropriations authorized by this chapter in amounts authorized by the Congress each fiscal year.

(b)

For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $90,000,000, which shall be available exclusively for payments representing the value, in whole or in part, of property or credits in accordance with the provisions of section 295b 1 of this title. Sums appropriated pursuant to this authorization shall remain available until expended.

(c)

For the purpose of carrying into effect the provisions of this chapter there is hereby authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $10,000,000, which shall remain available until expended.

(d)

In addition to amounts authorized before the date of enactment of this section, there is hereby authorized to be appropriated to the Secretary of State—

(1)

for acquisition, by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—

(A)

for use in Africa, not to exceed $7,140,000 of which not to exceed $3,270,000 may be appropriated for the fiscal year 1964;

(B)

for use in the American Republics, not to exceed $5,360,000, of which not to exceed $4,030,000 may be appropriated for the fiscal year 1964;

(C)

for use in Europe, not to exceed $6,839,000, of which not to exceed $1,820,000 may be appropriated for the fiscal year 1964;

(D)

for use in the Far East, not to exceed $2,350,000, of which not to exceed $2,200,000 may be appropriated for the fiscal year 1964;

(E)

for use in the Near East, not to exceed $2,710,000, of which not to exceed $2,100,000 may be appropriated for the fiscal year 1964;

(F)

for facilities for the United States Information Agency, not to exceed $1,125,000, of which not to exceed $720,000 may be appropriated for the fiscal year 1964, and

(G)

for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1964;

(2)

for use to carry out the other purposes of this chapter, not to exceed $11,500,000 for the fiscal year 1964, $12,000,000 for the fiscal year 1965, $12,200,000 for the fiscal year 1966, $12,400,000 for the fiscal year 1967.

(e)

For the purpose of carrying into effect the provisions of this chapter in South Vietnam, there is hereby authorized to be appropriated, in addition to amounts previously authorized prior to May 21, 1965, $2,600,000, to remain available until expended.

(f)

In addition to amounts authorized before October 10, 1966, there is hereby authorized to be appropriated to the Secretary of State—

(1)

for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—

(A)

for use in Africa, not to exceed $5,485,000, of which not to exceed $1,885,000 may be appropriated for the fiscal year 1967;

(B)

for use in the American Republics, not to exceed $7,920,000, of which not to exceed $3,585,000 may be appropriated for the fiscal year 1967;

(C)

for use in Europe, not to exceed $3,310,000, of which not to exceed $785,000 may be appropriated for the fiscal year 1967;

(D)

for use in the Far East, not to exceed $3,150,000, of which not to exceed $560,000 may be appropriated for the fiscal year 1967;

(E)

for use in the Near East, not to exceed $6,930,000, of which not to exceed $1,890,000 may be appropriated for the fiscal year 1967;

(F)

for facilities for the United States Information Agency, not to exceed $615,000, of which not to exceed $430,000 may be appropriated for the fiscal year 1967;

(G)

for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1967;

(2)

for use to carry out the other purposes of this chapter, not to exceed $12,600,000 for the fiscal year 1968, not to exceed $12,750,000 for the fiscal year 1969, not to exceed $13,500,000 for the fiscal year 1970, not to exceed $14,300,000 for the fiscal year 1971, not to exceed $15,000,000 for the fiscal year 1972, and not to exceed $15,900,000 for the fiscal year 1973.

(g)

In addition to amounts authorized before June 22, 1973, there is hereby authorized to be appropriated to the Secretary of State—

(1)

for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—

(A)

for use in Africa, not to exceed $850,000, of which not to exceed $631,000 may be appropriated for the fiscal year 1974;

(B)

for use in the American Republics, not to exceed $240,000, of which not to exceed $240,000 may be appropriated for the fiscal year 1974;

(C)

for use in Europe, not to exceed $682,000, of which not to exceed $204,000 may be appropriated for the fiscal year 1974;

(D)

for use in East Asia, not to exceed $1,243,000, of which not to exceed $985,000 may be appropriated for the fiscal year 1974;

(E)

for use in the Near East and South Asia, not to exceed $10,433,000, of which not to exceed $2,287,000 may be appropriated for the fiscal year 1974;

(F)

for facilities for the United States Information Agency, not to exceed $45,000 for use beginning in the fiscal year 1975;

(G)

for facilities for agricultural and defense attaché housing, not to exceed $318,000 for use beginning in the fiscal year 1974; and

(2)

for use to carry out other purposes of this chapter for fiscal years 1974 and 1975, $48,532,000, of which not to exceed $23,066,000 may be appropriated for fiscal year 1974.

(h)

In addition to amounts authorized before November 29, 1975, there is authorized to be appropriated to the Secretary of State—

(1)

for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—

(A)

for use in Europe, not to exceed $225,000 for fiscal year 1977;

(B)

for use in the Near East and South Asia, not to exceed $12,885,000, of which not to exceed $3,985,000 may be appropriated for fiscal year 1976;

(C)

for facilities for the United States Information Agency, not to exceed $3,400,000, of which not to exceed $2,800,000 may be appropriated for fiscal year 1976;

(D)

for facilities for agricultural and defense attaché housing, not to exceed $150,000 for fiscal year 1977; and

(E)

for facilities for the United States Agency for International Development, not to exceed $17,200,000 for fiscal year 1977; and

(2)

for use to carry out the other purposes of this chapter for fiscal years 1976 and 1977, $73,058,000, of which not to exceed $32,840,000 may be appropriated for fiscal year 1976.

(i)
(1)

Sums appropriated under authority of this chapter shall remain available until expended. To the maximum extent feasible, expenditures under this chapter shall be made out of foreign currencies owned by or owed to the United States.

(2)

Not to exceed 10 per centum of the funds authorized by any subparagraph under paragraph (1) of subsections (d), (f), (g), and (h) of this section may be used for any of the purposes for which funds are authorized under any other subparagraph of any of such paragraph (1).

(3)

There are hereby authorized to be appropriated to the Secretary of State such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law.

(j)
(1)

In addition to exercising any other transfer authority available to the Secretary of State, and subject to paragraph (2), the Secretary may transfer to, and merge with, any appropriation for fiscal year 2018 under the heading “Diplomatic and Consular Programs”, including for Worldwide Security Protection, and under the heading “Embassy Security, Construction, and Maintenance” funds appropriated under such headings if the Secretary determines such transfer is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements.

(A)

shall 2 not exceed 20 percent of any appropriation made available for fiscal year 2018 for the Department of State under the heading “Administration of Foreign Affairs”, and no such appropriation shall be increased by more than 10 percent by any such transfer; and

(B)

shall 2 be merged with funds in the heading to which transferred, and shall be available subject to the same terms and conditions as the funds with which merged.

(2)

Not later than 15 days before any transfer of funds pursuant to paragraph (1), the Secretary of State shall notify in writing the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Any such notification shall include a description of the particular security need necessitating the transfer at issue.

Source credit: (May 7, 1926, ch. 250, § 4, 44 Stat. 404; June 19, 1952, ch. 446, § 2, 66 Stat. 140; Pub. L. 86–723, § 49, Sept. 8, 1960, 74 Stat. 847; Pub. L. 88–94, §§ 1, 2(d), Aug. 12, 1963, 77 Stat. 121, 122; Pub. L. 88–414, Aug. 10, 1964, 78 Stat. 387; Pub. L. 89–22, May 21, 1965, 79 Stat. 112; Pub. L. 89–636, § 1, Oct. 10, 1966, 80 Stat. 881; Pub. L. 90–442, July 30, 1968, 82 Stat. 461; Pub. L. 91–586, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–47, June 22, 1973, 87 Stat. 98; Pub. L. 93–263, Apr. 12, 1974, 88 Stat. 83; Pub. L. 94–141, title I, § 171, Nov. 29, 1975, 89 Stat. 760; Pub. L. 94–350, title I, § 109, July 12, 1976, 90 Stat. 824; Pub. L. 95–45, § 3, June 15, 1977, 91 Stat. 221; Pub. L. 103–199, title V, § 503, Dec. 17, 1993, 107 Stat. 2327; Pub. L. 114–323, title I, § 113, Dec. 16, 2016, 130 Stat. 1911.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of May 7, 1926, ch. 250 · 44 Stat. 404
  • 1952Amended · Act of June 19, 1952, ch. 446 · 66 Stat. 140
  • 1960Amended · Pub. L. 86-723 · 74 Stat. 847
  • 1963Amended · Pub. L. 88-94 · 77 Stat. 121, 122
  • 1964Amended · Pub. L. 88-414 · 78 Stat. 387
  • 1965Amended · Pub. L. 89-22 · 79 Stat. 112
  • 1966Amended · Pub. L. 89-636 · 80 Stat. 881
  • 1968Amended · Pub. L. 90-442 · 82 Stat. 461
  • 1970Amended · Pub. L. 91-586 · 84 Stat. 1578
  • 1973Amended · Pub. L. 93-47 · 87 Stat. 98
  • 1974Amended · Pub. L. 93-263 · 88 Stat. 83
  • 1975Amended · Pub. L. 94-141 · 89 Stat. 760
  • 1976Amended · Pub. L. 94-350 · 90 Stat. 824
  • 1977Amended · Pub. L. 95-45 · 91 Stat. 221
  • 1993Amended · Pub. L. 103-199 · 107 Stat. 2327
  • 2016Amended · Pub. L. 114-323 · 130 Stat. 1911

A history note hasn’t been published yet. The record shows enactment by ch. 250 on 1926-05-07.

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