(2) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes.

9

(b) Whenever the President determines it to be in furtherance of the purposes of this Act, the functions authorized under this Act may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951 (65 Stat. 7), as amended) regulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify.

Sec. 4. (a)(1) 10 The President is authorized to designate the head of any department or agency of the United States Government, or any official thereof who is required to be appointed by the President by and with the advice and consent of the Senate, to perform any functions conferred upon the President by this Act. If the President shall so specify, any individual so designated under this subsection is authorized to redelegate to any of his subordinates any functions authorized to be performed by him under this subsection, except the function of exercising the waiver authority specified in section 3(b) of this Act.

(2) Section 104(b) of the Immigration and Nationality Act (8 U.S.C. 1104(b)), is amended by inserting after the first sentence the following: "He shall be appointed by the President by and with the advice and consent of the Senate."

(b) 11 The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this Act. Such funds shall be available for obligation and expenditure for the purposes for which authorized in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred. Funds allocated or transferred pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.

Sec. 5.12 (a) Funds made available for the purposes of this Act shall be available for

(1) compensation, allowances, and travel of personnel, including members of the Foreign Service 13 whose services are utilized primarily for the purpose of this Act, and without regard to the provisions of any other law, for printing and binding, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of Government funds as may be necessary to accomplish the purposes of this Act;

950 U.S.C. App. 1211 note.

10 22 U.S.C. 2603.

11 22 U.S.C. 2604.

12 22 U.S.C. 2605.

13 The reference to members of the Foreign Service was substituted in lieu of a reference to Foreign Service personnel by sec. 2206(a)(6) of the Foreign Service Act of 1980 (Public Law 96465; 94 Stat. 2162).

(2) employment or assignment of members of the Foreign Service serving under limited appointments 14 for the duration of operations under this Act;

(3) exchange of funds without regard to section 3651 of the Revised Statutes (31 U.S.C. 543), and loss by exchanges;

(4) expenses authorized by the Foreign Service Act of 1980, 15 not otherwise provided for;

(5) expenses authorized by the Act of August 1, 1956 (70 Stat. 890-892), as amended; 16 and

(6) 17 contracting for personal services abroad, and individ uals employed by contract to perform such services shall not be considered to be employees of the United States for purposes of any law administered by the Office of Personnel Management, except that the Secretary of State may determine the applicability to such individuals of section 2(f) of the State De partment Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and of any other law administered by the Secretary concerning the employment of such individuals abroad; and

(7) all other expenses determined by the President to be necessary to carry out the purposes of this Act.

(b) Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this Act shall continue in full force and effect until modified, revoked, or superseded under the authority of this Act.

Sec. 6. Subsections (a), (c) and (d) of section 405 of the Mutual Security Act of 1954, as amended, subsection (c) of section 451 of the said Act, and the last sentence of section 2(a) of the Act of July 14, 1960 (74 Stat. 504), are hereby repealed.

Sec. 7. Until the enactment of legislation appropriating funds for activities under this Act, such activities may be conducted with funds made available under section 451(a) of the Foreign Assistance Act of 1961, as amended.

SEC. 8.18 AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED NATIONS

HIGH COMMISSIONER FOR REFUGEES.

(a) PROGRAM AUDITS.-Funds may not be made available to the United Nations High Commissioner for Refugees under this or any other Act unless by June 1, 1986, the High Commissioner provides

for

(1) annual program audits by an independent consultant, as selected by the Executive Committee of the United Nations High Commissioner for Refugees, to determine the use of such funds by private and voluntary organizations; and

14 The reference to members of the Foreign Service serving under limited appointments wor substituted in lieu of a reference to Foreign Service Reserve officers by sec. 2206(a)(6) of the For

eign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162).

15 The reference to the Foreign Service Act of 1980 was substituted in lieu of a reference to the Foreign Service Act of 1946 by sec. 2206(a)(6) of Public Law 96-465 (94 Stat. 2162).

16 22 U.S.C. 2662 et seq.

16, 1985. Authority provided by this amendment applies only to funds appropriated after August 17 Paragraph 6 of Sec. 5(a) was added by Sec. 112 of Public Law 99-93 (99 Stat. 405), August

16, 1985.

18 22 U.S.C. 2606. Sec. 8 was added by Sec. 113 of Public Law 99-93, 99 Stat. 405.

(2) such audits to be made available through the Executive Committee to the Department of State and for inspection by the Comptroller General of the United States.

(b) INSPECTION AND REPORT BY COMPTROLLER GENERAL.-The Comptroller General of the United States shall inspect each such audit and submit a report of that inspection to the Congress.

(c) FIRST PROGRAM AUDIT.-The first program audit pursuant to subsection (a)(1) shall begin not later than June 1, 1986.

mer. rir disposal in accordance with

INST = TVvier i margraph (2), gifts and decora He set vir an employing agency for dis ISU Du de amor, or (B) forwarded to the Ad Zur I lens ir ster, donation, or other dis= SOME TICs of the Federal Property e SATA. However, no gift or deco XIX X FISH ir Esposal may be sold without the bar of State, on a determination that the 1 Keser at de tren relations of the United his racons may be sold by negotiated sale. his merr stuns served by a Senator or an employee Jose mit is reposited with the Secretary of the Senate SS, IN NSA ircial use which has terminat C. It if of the Commission on Arts and Antiquities The Sunes Seace. Any such gift or decoration may be ALT N De Commsson he donor or may be transferred or Zes y De Cammsson, stcject to such terms and conditions SID Write An agency or instrumentality of (i) the me Sas 1 a State, arriery, or possession of the United Ssss A & MULES SICTECE of the foregoing, or (iii) the District a Calumos ir Szation described in section 501(c)(3) a ne terra Severe Code of 1954 which is exempt from taxant iner sa fuch Code. Any such gift or decoration RY ISASSY If red n the preceding sentence shall be for * AUMENTARr of General Services for disposal in ac crans va paragraph 1. If the Administrator does not dispose a sua për recrston within one year, he shall, at the request Jumsson, ret it to the Commission and the Commis So may see if such gift or decoration in such manner as it Masters Tiger, except that such gift or decoration may be sold MY VO 2 approval of the Secretary of State upon a determinater that the ste will not adversely affect the foreign relations of

Not ar than January 31 of each year, each employing agency delegate shall compile a listing of all statements filed ding the preceding year by the employees of that agency pursu

VENDT 23 and shall transmit such listing to the Secre ry of Star who shall publish a comprehensive listing of all such statements in the Federal Register.

42 Such hetings shall include for each tangible gift reported"A the name and position of the employee;

"B) a brief description of the gift and the circumstances justifying acceptance:

C the identity, if known, of the foreign government and the name and position of the individual who presented the gift; "(D) the date of acceptance of the gift;

"(E) the estimated value in the United States of the gift at the time of acceptance; and

"(F) disposition or current location of the gift.

* Sec. 712(c) of Public Law 95-426 (9:

added a new par. (2).

Daragraph designation "(1)" and

“(3) Such listings shall include for each gift of travel or travel expenses

“(A) the name and position of the employee;

"(B) a brief description of the gift and the circumstances justifying acceptance; and

"(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. "(4) In transmitting such listings for the Central Intelligence Agency, the Director of Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.

"(g)(1) Each employing agency shall prescribe such regulations as may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees.

"(2) Each employing agency shall—

"(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; "(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and

"(C) take any other actions necessary to carry out the purpose of this section.

"(h) The Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000.

"(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value.

"(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees.

"(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies.".

(2) The amendment made by paragraph (1) of this subsection shall take effect on January 1, 1978.

(b)(1) After September 30, 1977, no appropriated funds, other than funds from the "Emergencies in the Diplomatic and Consular Service" account of the Department of State, may be used to purchase any tangible gift of more than minimal value (as defined in section 7342(a)(5) of title 5, United States Code) for any foreign individual unless such gift has been approved by the Congress.