22 U.S.C. § 1471 — Authority of Secretary of State

Page 378 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1471 1 So in original. Probably should not be capitalized. 2 See References in Text note below. 1998 Amendment note below) and reenacted this sec- tion. See Reenactment and Repeal of Certain Provi- sions of Law note below. 1998—Pub. L. 105–277, § 1334(b), which directed the re- peal of this section, was omitted in the general amend- ment of Pub. L. 105–277, § 1334, by Pub. L. 106–113, § 1000(a)(7) [div. A, title IV, § 404(a)]. See 1999 Amend- ment note above. 1990—Pub. L. 101–246 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to redesignation of United States Advisory Commission on International Communication, Cultural and Educational Affairs as United States Advisory Commission on Public Diplomacy, appointment of members, appointment of staff director and staff per- sonnel, date of section entering into force as being Jan. 20, 1989, and repeal of prohibition limiting membership of individuals from same political party. 1987—Pub. L. 100–204 amended section generally, re- vising and restating as subsecs. (a) to (d) provisions of former subsecs. (a) and (b). Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE Section effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expenditure of appropriated funds, see section 209 of Pub. L. 96–60, set out as an Ef- fective Date of 1979 Amendment note under section 1471 of this title. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. REENACTMENT AND REPEAL OF CERTAIN PROVISIONS OF LAW Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–447, provided that: ‘‘(1) REENACTMENT.—The provisions of law repealed by section 1334 [22 U.S.C. 6553] of the Foreign Affairs Reform and Restructuring Act of 1998 [repealing this section and section 8 of Reorganization Plan No. 2 of 1977, set out under section 1461 of this title and in the Appendix to Title 5, Government Organization and Em- ployees], as in effect before the date of the enactment of this Act [Nov. 29, 1999], are hereby reenacted into law. ‘‘(2) REPEAL.—Effective September 30, 2001, section 604 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan Numbered 2 of 1977 are re- pealed.’’ [Pub. L. 107–77, title IV, § 407(c), Nov. 28, 2001, 115 Stat. 790, reenacted into law the provisions that were re- pealed by section 1000(a)(7) [div. A, title IV, § 404(c)(2)] of div. B of Pub. L. 106–113, set out above.] CONTINUITY OF ADVISORY COMMISSION Pub. L. 107–77, title IV, § 407(d), Nov. 28, 2001, 115 Stat. 790, provided that: ‘‘Notwithstanding any other provi- sion of law, any period of discontinuity of the United States Advisory Commission on Public Diplomacy shall not affect the appointment or terms of service of mem- bers of the commission.’’ Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–447, provided that: ‘‘Notwithstanding any other provision of law, any period of discontinuity of the United States Advisory Commission on Public Diplomacy shall not affect the appointment or terms of service of members of the commission.’’ REDUCTION IN STAFF AND BUDGET Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A–447, provided that: ‘‘Notwithstanding section 604(b) of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1469(b)], effective on the date of the en- actment of this Act [Nov. 29, 1999], the United States Advisory Commission on Public Diplomacy shall have not more than 2 individuals who are compensated staff, and not more than 50 percent of the resources allocated in fiscal year 1999.’’ REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. CONTINUED SERVICE OF COMMISSION MEMBERS Pub. L. 101–246, title II, § 206(b), Feb. 16, 1990, 104 Stat. 53, provided that each member of the United States Ad- visory Commission on Public Diplomacy as in existence on the day before Jan. 20, 1989, was to continue to serve for the remainder of the term to which such member was appointed. SUBCHAPTER VII—ADMINISTRATIVE PROCEDURE § 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 carrying out subchapter II of this chapter, to make grants of money, services, or materials to State and local governmental in- stitutions in the United States, to govern- mental institutions in other countries, and to individuals and public or private nonprofit or- ganizations both in the United States and in other countries; (2) to furnish, sell, or rent, by contract or otherwise, educational and information mate- rials and equipment for dissemination to, or use by, peoples of foreign countries; (3) whenever necessary in carrying out sub- chapter V of this chapter, to purchase, rent, construct, improve, maintain, and operate fa- cilities for radio and television transmission and reception, including the leasing of associ- ated 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 alter- ation, improvement, and repair of such prop- erty, without regard to section 322 2 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 sec- tions 3111 and 3112 of title 40 if the sufficiency Page 379 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1471 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 out- side 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 classi- fication laws, when such employment is pro- vided 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 au- thorized 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 phys- ically 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.) Editorial Notes REFERENCES IN TEXT Section 322 of the Act of June 30, 1932, referred to in par. (3), is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102 Stat. 4052. CODIFICATION ‘‘Sections 3111 and 3112 of title 40’’ substituted in par. (3) for ‘‘section 355 of the Revised Statutes of the United States (40 U.S.C. 255)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. In par. (4), ‘‘section 501 of title 44’’ substituted for ‘‘section 11 of the Act of March 1, 1919 (44 U.S.C. 111)’’ on authority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents. In par. (6), ‘‘, with the approval of the Commission on Information and the Commission on Educational Ex- change,’’ was deleted pursuant to Reorg. Plan No. 2 of 1977, § 9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1639, set out under section 1461 of this title, which abolished both the United States Advisory Commission on Informa- tion, and the United States Advisory Commission on International Educational and Cultural Affairs [which replaced the Advisory Commission on Educational Ex- change], effective on or before July 1, 1978, at such time as specified by the President. In par. (6), ‘‘section 5703 of title 5’’ substituted for ‘‘section 5 of the Administrative Expenses Act of 1946, as amended, (5 U.S.C. 73b-2)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1998—Par. (7). Pub. L. 105–277 substituted ‘‘overseas public diplomacy’’ for ‘‘Agency’’ and inserted ‘‘other’’ after ‘‘together with’’. 1994—Par. (7). Pub. L. 103–236 added par. (7). 1991—Par. (3). Pub. L. 102–138 inserted ‘‘and tele- vision’’ after ‘‘radio’’. 1987—Par. (3). Pub. L. 100–204 substituted ‘‘forty’’ for ‘‘twenty-five’’. 1983—Par. (3). Pub. L. 98–164 substituted ‘‘twenty- five’’ for ‘‘ten’’. 1979—Par. (1). Pub. L. 96–60, § 204(a), struck out ‘‘with- in the limitation of such appropriations as the Con- gress may provide,’’ after ‘‘chapter,’’. Par. (3). Pub. L. 96–60, § 203(e), substituted ‘‘leasing of associated real property (either within or outside the United States)’’ for ‘‘leasing of real property both with- in and without the continental limits of the United States’’ and provided for alteration, improvement, and repair of such property, without regard to section 278a of title 40, and for acquisition of such property or inter- ests therein which are outside the United States with- out regard to section 255 of title 40 if the sufficiency of the title to such property or interests therein is ap- proved by the Director. Par. (5). Pub. L. 96–60, § 203(b)(1), struck out provision for employment of aliens within the United States lim- ited to services related to the translation or narration of colloquial speech in foreign languages when suitably qualified United States citizens were not available, now covered in section 1474(1) of this title, and inserted ‘‘pertinent’’ before ‘‘appropriation’’. 1961—Par. (6). Pub. L. 87–139 substituted provisions authorizing payment of transportation and other ex- penses as authorized by section 73b–2 of title 5, for pro- visions which allowed payment of actual transpor- tation expenses and a maximum of $10 per diem. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–60, title II, § 209, Aug. 15, 1979, 93 Stat. 402, provided that: ‘‘The amendments made by sections 203 and 204 [enacting section 1469 and section 1477b of this title, amending this section, sections 1474, 1475a, 2454, 2458, and 2458a of this title, section 1304 of Title 5, Gov- ernment Organization and Employees, and section 474 of former Title 40, Public Buildings, Property, and Works, and repealing section 1434 of this title] shall take effect on October 1, 1979, and to the extent that they provide new authorities involving the expenditure of appropriated funds, shall apply only with respect to funds appropriated after the date of enactment of this Act [Aug. 15, 1979].’’ TRANSFER OF FUNCTIONS ‘‘Director of the United States Information Agency’’ substituted for ‘‘Director of the International Commu- nication Agency’’ in par. (3) pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title, which redesignated International Commu- nication Agency, and Director thereof, as United States Information Agency, and the Director thereof. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bu- reau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. The Commission on Educational Exchange, created by section 1466 of this title, abolished pursuant to Pub. L. 87–256, § 111(a)(2), Sept. 21, 1961, 75 Stat. 538. Page 380 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1472 1 See References in Text note below. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. CONTRACTOR REQUIREMENTS Pub. L. 100–204, title IV, § 403, Dec. 22, 1987, 101 Stat. 1381, provided that: ‘‘(a) FINDINGS.—The Congress finds that the over- riding national security aspects of the $1,300,000,000 fa- cilities modernization program of the Voice of America require the assurance of uninterrupted logistic support under all circumstances for the program. Therefore, it is in the best interests of the United States to provide a preference for United States contractors bidding on the projects of this program. ‘‘(b) RESPONSIVE BID.—A bid shall not be treated as a responsive bid for purposes of the facilities moderniza- tion program of the Voice of America unless the bidder can establish that the United States goods and services content, excluding consulting and management fees, of his proposal and the resulting contract will not be less than 55 percent of the value of his proposal and the re- sulting total contract. ‘‘(c) PREFERENCE FOR UNITED STATES CONTRACTORS.— Notwithstanding any other provision of law, in any case where there are two or more qualified bidders on projects of the facilities modernization program of the Voice of America, including design and construction projects and projects with respect to transmitters, an- tennas, spare parts, and other technical equipment, all the responsive bids of United States persons and quali- fied United States joint venture persons shall be con- sidered to be reduced by 10 percent. ‘‘(d) EXCEPTION.— ‘‘(1) Subsection (c) shall not apply with respect to any project of the facilities modernization program of the Voice of America when— ‘‘(A) precluded by the terms of an international agreement with the host foreign country; ‘‘(B) a foreign bidder can establish that he is a na- tional of a country whose government permits United States contractors and suppliers the oppor- tunity to bid on a competitive and nondiscrim- inatory basis with its national contractors and sup- pliers, on procurement and projects related to the construction, modernization, upgrading, or expan- sion of— ‘‘(i) its national public radio and television sec- tor, or ‘‘(ii) its private radio and television sector, to the extent that such procurement or project is, in whole or in part, funded or otherwise under the control of a government agency or authority; or ‘‘(C) the Secretary of Commerce certifies (in ad- vance of the award of the contract for that project) to the Director of the United States Information Agency that the foreign bidder is not receiving any direct subsidy from any government, the effect of which would be to disadvantage the competitive po- sition of United States persons who also bid on the project; or ‘‘(D) the statutes of a host foreign country pro- hibit the use of United States contractors on such projects within that country. ‘‘(2) An exception under paragraph (1)(D) shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Com- mittee on Appropriations of the Senate what specific actions the Secretary has taken to urge the foreign country to permit the use of United States contrac- tors on such projects. ‘‘(d) [sic] DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘United States person’ means a person that— ‘‘(A) is incorporated or otherwise legally orga- nized under the laws of the United States, including any State (and any political subdivision thereof) and the District of Columbia; ‘‘(B) has its principal place of business in the United States; ‘‘(C) has been incorporated or otherwise legally organized in the United States for more than 5 years before the issuance date of the Invitation For Bids or the Request For Proposals with respect to a modernization project under subsection (b); ‘‘(D) has proven, as indicated by prior contracting experience, to possess the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that being contracted for; ‘‘(E)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; ‘‘(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and ‘‘(iii) will employ United States citizens in at least 80 percent of the supervisory positions on the modernization project site; and ‘‘(F) has the existing technical and financial re- sources in the United States to perform the con- tract; and ‘‘(2) the term ‘qualified United States joint venture person’ means a joint venture in which a United States person or persons own at least 51 percent of the assets of the joint venture. ‘‘(e) EFFECTIVE DATE.—The provisions of this section shall apply to any project with respect to which the Re- quest For Proposals (commonly referred to as ‘RFP’) or the Invitation For Bids (commonly referred to as ‘IFB’) was issued after December 28, 1986.’’ [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] § 1472. Department of State and other Govern- ment agencies (a) Authority of agencies In carrying on activities which further the purposes of this chapter, subject to approval of such activities by the Secretary, the Depart- ment 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 domes- tic, including subdivisions thereof, and inter- governmental 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 ex- penses, 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 Regu- lations and the Subsistence Expense Act of 1926,1 as amended; and