22 U.S.C. § 2668: Requisitions for advances to…

Summary

The Secretary of State may request advances of money from the Treasury’s Fiscal Service into a “State account of advances” up to the full amount of the Department of State’s appropriations. The money must only pay lawful bills under those appropriations. A separate account must be kept for each fiscal year, and one year’s account cannot pay another year’s bills. Each month the State Department records transfers to charge the proper appropriations before the Government Accountability Office (GAO) audits. The GAO will later audit and certify the final amounts, and the Treasury will make the needed adjustments on the government books in the month and fiscal year when the GAO certification is made. An outstanding charge in the account can be cleared and taken from an appropriation if either relief has been or may be given to a disbursing official under a law that has no way to remove such charges, or if the charge has sat unpaid for 2 complete fiscal years and the Secretary of State certifies it to the Comptroller General as uncollectable. Clearing a charge this way does not remove the money responsibility of the disbursing official or agent.

Title 22, §2668

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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 Government Accountability Office. The Government Accountability 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 Government Accountability 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.

Notes & Related Subsidiaries

Editorial Notes

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, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments

2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing. 1982—Pub. L. 97–258 redesignated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Executive Documents

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.

§2668 Requisitions for Advances to Pay Lawful Obligations