Collapse to view only § 1472. Department of State and other Government agencies
- § 1471. Authority of Secretary of State
- § 1472. Department of State and other Government agencies
- § 1473. Use of existing Government property and facilities
- § 1474. Additional authority of Secretary of State or other Government agency authorized to administer provisions
- § 1475. Travel expenses
- § 1475a. Replacement of passenger motor vehicles
- §§ 1475b, 1475c. Repealed.
- § 1475d. Compensation for disability or death
- § 1475e. Use of English-teaching program fees
- § 1475f. Repealed.
- § 1475g. Overseas public diplomacy posts and personnel overseas
- § 1475h. Overseas public diplomacy grants
§ 1471. Authority of Secretary of State
In carrying out the purposes of this chapter, the Secretary is authorized, in addition to and not in limitation of the authority otherwise vested in him—
(1) In 1
1 So in original. Probably should not be capitalized.
carrying out subchapter II of this chapter, to make grants of money, services, or materials to State and local governmental institutions in the United States, to governmental institutions in other countries, and to individuals and public or private nonprofit organizations both in the United States and in other countries;(2) to furnish, sell, or rent, by contract or otherwise, educational and information materials and equipment for dissemination to, or use by, peoples of foreign countries;
(3) whenever necessary in carrying out subchapter V of this chapter, to purchase, rent, construct, improve, maintain, and operate facilities for radio and television transmission and reception, including the leasing of associated real property (either within or outside the United States) for periods not to exceed forty years, or for longer periods if provided for by an appropriation Act, and the alteration, improvement, and repair of such property, without regard to section 322 2
2 See References in Text note below.
of the Act of June 30, 1932, and any such real property or interests therein which are outside the United States may be acquired without regard to sections 3111 and 3112 of title 40 if the sufficiency of the title to such real property or interests therein is approved by the Director of the United States Information Agency;(4) to provide for printing and binding outside the continental limits of the United States, without regard to section 501 of title 44;
(5) to employ persons on a temporary basis without regard to the civil service and classification laws, when such employment is provided for by the pertinent appropriation Act;
(6) to create such advisory committees as the Secretary may decide to be of assistance in formulating his policies for carrying out the purposes of this chapter. No committee member shall be allowed any salary or other compensation for services; but he may be paid his transportation and other expenses, as authorized by section 5703 of title 5; and
(7) notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for overseas public diplomacy facilities not physically located together with other Department of State facilities abroad.
(Jan. 27, 1948, ch. 36, title VIII, § 801, 62 Stat. 11; Pub. L. 87–139, § 11, Aug. 14, 1961, 75 Stat. 341; 1977 Reorg. Plan No. 2, §§ 8(b), 9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1637–1639; Pub. L. 96–60, title II, §§ 203(b)(1), (e), 204(a), Aug. 15, 1979, 93 Stat. 398–400; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 98–164, title II, § 217, Nov. 22, 1983, 97 Stat. 1036; Pub. L. 100–204, title II, § 205, Dec. 22, 1987, 101 Stat. 1374; Pub. L. 102–138, title II, § 203, Oct. 28, 1991, 105 Stat. 692; Pub. L. 103–236, title II, § 222, Apr. 30, 1994, 108 Stat. 421; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(a)(4), Oct. 21, 1998, 112 Stat. 2681–787.)
§ 1472. Department of State and other Government agencies
(a) Authority of agenciesIn carrying on activities which further the purposes of this chapter, subject to approval of such activities by the Secretary, the Department and the other Government agencies are authorized—
(1) to place orders and make purchases and rentals of materials and equipment;
(2) to make contracts, including contracts with governmental agencies, foreign or domestic, including subdivisions thereof, and intergovernmental organizations of which the United States is a member, and, with respect to contracts entered into in foreign countries, without regard to section 6306 of title 41;
(3) under such regulations as the Secretary may prescribe, to pay the transportation expenses, and not to exceed $10 per diem in lieu of subsistence and other expenses, of citizens or subjects of other countries, without regard to the Standardized Government Travel Regulations and the Subsistence Expense Act of 1926,1
1 See References in Text note below.
as amended; and(4) to make grants for, and to pay expenses incident to, training and study.
(b) Contracts for telecommunication activities, etc.; availability of appropriations; cancellation costs
(1) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(A) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(B) the Director of the United States Information Agency determines that—
(i) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(ii) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(iii) such method of contracting will not inhibit small business participation.
(2) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.
(3) This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.
(4)
(A) Notwithstanding the other provisions of this subsection, the Broadcasting Board of Governors is authorized to enter into contracts for periods not to exceed 7 years for circuit capacity to distribute radio and television programs and is authorized to enter into contracts for periods not to exceed ten years to acquire local broadcasting services outside the United States.
(B) The authority of this paragraph may be exercised for a fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.
(Jan. 27, 1948, ch. 36, title VIII, § 802, 62 Stat. 12; Pub. L. 97–241, title III, § 304(b), Aug. 24, 1982, 96 Stat. 292; Pub. L. 103–236, title II, § 225, Apr. 30, 1994, 108 Stat. 423; Pub. L. 107–228, div. A, title V, § 503, Sept. 30, 2002, 116 Stat. 1392.)
§ 1473. Use of existing Government property and facilities
In carrying on activities under this chapter which require the utilization of Government property and facilities, maximum use shall be made of existing Government property and facilities.
(Jan. 27, 1948, ch. 36, title VIII, § 803, 62 Stat. 12.)
§ 1474. Additional authority of Secretary of State or other Government agency authorized to administer provisions
In carrying out the provisions of this chapter, the Secretary, or any Government agency authorized to administer such provisions, may—
(1) employ, without regard to the civil service and classification laws, aliens within the United States and abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages or the preparation and production of foreign language programs when suitably qualified United States citizens are not available when job vacancies occur, and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 1101(a)(15) of title 8 for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency and the Attorney General;
(2) pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;
(3) incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;
(4) obtain insurance on official motor vehicles operated by the Secretary or such agency in foreign countries, and pay the expenses incident thereto;
(5) notwithstanding the provisions of section 2680(k) of title 28, pay tort claims in the manner authorized in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this chapter;
(6) employ aliens by contract for services abroad;
(7) provide ice and drinking water abroad;
(8) pay excise taxes on negotiable instruments abroad;
(9) pay to or for individuals, not United States Government employees, participating in activities conducted under this chapter, the costs of emergency medical expenses, preparation and transport to their former homes of the remains of such participants or their dependents who die while away from their homes during such participation, and health and accident insurance premiums for participants or health and accident benefits for participants by means of a program of self-insurance;
(10) rent or lease, for periods not exceeding ten years, offices, buildings, grounds, and living quarters abroad for employees carrying out this chapter, and make payments therefor in advance;
(11) maintain, improve, and repair properties used for information activities in foreign countries;
(12) furnish fuel and utilities for Government-owned or leased property abroad;
(13) pay travel expenses of employees attending official international conferences, without regard to sections 5701–5708 of title 5, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary;
(14) purchase uniforms;
(15) hire passenger motor vehicles;
(16) purchase passenger motor vehicles for use abroad, and right-hand drive and security vehicles may be so purchased without regard to any maximum price limitation established by law;
(17) procure services of experts and consultants in accordance with section 3109 of title 5;
(18) make advances of funds;
(19) notwithstanding section 5946 of title 5, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others;
(20) subject to the availability of appropriated funds, purchase motion picture, radio and television producers’ liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property;
(21) incur expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
(22) furnish living quarters as authorized by section 5912 of title 5; and
(23) provide allowances as authorized by sections 5921 through 5928 of title 5.
(Jan. 27, 1948, ch. 36, title VIII, § 804, as added Pub. L. 92–352, title II, § 202, July 13, 1972, 86 Stat. 493; amended Pub. L. 94–350, title II, § 203, July 12, 1976, 90 Stat. 830; Pub. L. 96–60, title II, §§ 203(b)(2), 204(b), Aug. 15, 1979, 93 Stat. 398, 400; Pub. L. 97–241, title III, §§ 303(b), 304(c), (d), Aug. 24, 1982, 96 Stat. 291, 293; Pub. L. 101–246, title II, § 207, Feb. 16, 1990, 104 Stat. 53; Pub. L. 102–138, title II, §§ 204, 205, Oct. 28, 1991, 105 Stat. 692.)
§ 1475. Travel expenses
Appropriated funds made available for any fiscal year to the Secretary or any Government agency, to carry out the provisions of this chapter, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such expenses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.
(Jan. 27, 1948, ch. 36, title VIII, § 805, as added Pub. L. 92–352, title II, § 202, July 13, 1972, 86 Stat. 494.)
§ 1475a. Replacement of passenger motor vehicles
The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this chapter or the Mutual Educational and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.] shall be available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 503 of title 40.
(Jan. 27, 1948, ch. 36, title VIII, § 806, as added Pub. L. 94–350, title II, § 204, July 12, 1976, 90 Stat. 830; amended Pub. L. 96–60, title II, § 204(c), Aug. 15, 1979, 93 Stat. 400.)
§§ 1475b, 1475c. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(1), Oct. 21, 1998, 112 Stat. 2681–790
§ 1475d. Compensation for disability or death
A cultural exchange, international fair or exposition, or other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this chapter or the Mutual Educational and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.] shall not be considered a “public work” as that term is defined in section 1651 of title 42.
(Jan. 27, 1948, ch. 36, title VIII, § 809, as added Pub. L. 97–241, title III, § 304(e), Aug. 24, 1982, 96 Stat. 293.)
§ 1475e. Use of English-teaching program fees
(a) In general
(b) Fees and receipts described
The fees and receipts described in this subsection are fees and payments received by or for the use of the United States Information Agency from or in connection with—
(1) English-teaching and library services,
(2) educational advising and counseling,
(3) Exchange Visitor Program Services,
(4) advertising and business ventures of the Voice of America and the International Broadcasting Bureau,
(5) cooperating international organizations, and 1
1 So in original. The word “and” probably should appear at end of par. (6).
(6) Agency-produced publications,1
(7) an amount not to exceed $100,000 of the payments from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority of this chapter or the Mutual Education and Cultural Exchange Act of 1961 [22 U.S.C. 2451 et seq.].
(Jan. 27, 1948, ch. 36, title VIII, § 810, as added Pub. L. 97–241, title III, § 304(e), Aug. 24, 1982, 96 Stat. 293; amended Pub. L. 100–204, title II, § 203, Dec. 22, 1987, 101 Stat. 1373; Pub. L. 101–246, title II, § 208, Feb. 16, 1990, 104 Stat. 53; Pub. L. 105–277, div. G, subdiv. B, title XXIV, § 2412, Oct. 21, 1998, 112 Stat. 2681–832.)
§ 1475f. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(1), Oct. 21, 1998, 112 Stat. 2681–790
§ 1475g. Overseas public diplomacy posts and personnel overseas
(a) Limitation
(b) Notification
(c) Exceptions
This section shall not apply to any overseas public diplomacy post closed—
(1) because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or
(2) where there is a real and present threat to United States diplomats in the city where the post is located and where a travel advisory warning against travel by United States citizens to the city has been issued by the Department of State.
(Jan. 27, 1948, ch. 36, title VIII, § 812, as added Pub. L. 102–138, title II, § 206(a), Oct. 28, 1991, 105 Stat. 693; amended Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(a)(5), Oct. 21, 1998, 112 Stat. 2681–787.)
§ 1475h. Overseas public diplomacy grants
(a) Competitive grant procedures
(b) Exceptions
The Department of State may award an overseas public diplomacy grant under procedures other than competitive procedures when—
(1) such a grant is made under the Mutual Educational and Cultural Exchange Act of 1961 (commonly known as the Fulbright-Hays Act) [22 U.S.C. 2451 et seq.] or any statute which expressly authorizes or requires that a grant be made with a specified entity;
(2) the terms of an international agreement or treaty between the United States Government and a foreign government or international organization have the effect of requiring the use of procedures other than competitive procedures;
(3) a recipient organization has developed particular expertise in the planning and administration of longstanding exchange programs important to United States foreign policy; or
(4) introducing competition would increase costs.
(c) Compliance with grant guidelines
(1) After October 1, 1991, overseas public diplomacy grants awarded by the Department of State shall substantially comply with Department of State grant guidelines and applicable circulars of the Office of Management and Budget.
(2) If the Agency 1
1 So in original. Probably should be “Department”.
determines that a grantee has not satisfied the requirement of paragraph (1), the Department of State shall notify the grantee of the suspension of payments under a grant unless compliance is achieved within 90 days of such notice.(3) The Agency 1 shall suspend payments under any such grant which remains in noncompliance 90 days after notification under paragraph (2).
(Pub. L. 102–138, title II, § 212, Oct. 28, 1991, 105 Stat. 695; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(b), Oct. 21, 1998, 112 Stat. 2681–787.)