101 STAT. 1340
PUBLIC LAW 100-204—DEC. 22, 1987 shall be used to pay for any expense related to the Bureau of Administration of the Department of State (or to carrying out any of its functions) if any United States consular or diplomatic post is closed after January 1, 1987, and is not reopened.
(b) FUNDS FOR OPERATING CERTAIN CONSULATES.—
(1) ALLOCATION.—Of the funds authorized to be appropriated by section 101(a)(1) for "Salaries and Expenses", not less than $50,000,000 for each of the fiscal years 1988 and 1989 shall be available only to operate United States consulates in Salzburg, Strasbourg, Goteborg, Lyon, Dusseldorf, Tangier, Genoa, Nice, Porto Alegre, and Maracaibo. (2) EXCESS FUNDS.—Funds allocated by paragraph (1) which are in excess of the amount needed to operate the consulates specified in that paragraph may be used for other purposes under "Administration of Foreign Affairs" if all the specified consulates are open and functioning. (c) EXCEPTIONS.—Subsection (a) does not apply with respect to— (1) any post closed after January 1, 1987, and before the date of enactment of this Act if the host government will not allow that post to be reopened; (2) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; (3) any post closed because there is a real and present threat to United States diplomatic or consular personnel in the city where the post is located, and a travel advisory warning against American travel to that city has been issued by the Department of State; (4) any post closed in order to provide funds to open a new consular or diplomatic post which will be staffed by the Department of State on a full-time basis with at least one Foreign Service officer or member of the Senior Foreign Service, if the Secretary of State, prior to the closing of the post, prepares and transmits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report stating that— (A) the new post is a higher priority than the post proposed to be closed; and (B) the total number of consular and diplomatic posts abroad is not less than the number of such posts in existence on January 1, 1987 (excluding the posts exempted under paragraphs (1) through (4)); and (5) the post closed pursuant to section 123. (d) SEQUESTRATION.—In the case that a sequestration order is issued pursuant to Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.; Public Law 99-177), the Secretary of State may, as part of an agenc3nvide austerity proposal, submit a report proposing a list of consular posts to be downgraded or closed in order to comply with the sequestration order, together with a justification for the inclusion of each post on such list. Such report shall be submitted to 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. (e) DEFINITION.—As used in this section, the term "consular or diplomatic post" does not include a post to which only personnel of agencies other than the Department of State are assigned.