22 U.S.C. § 1474 — Additional authority of Secretary of State

Page 382 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1473 (3) cost of transporting to and from a place of storage and the cost of storing the furniture and household ef- fects of an employee of the Foreign Service who is as- signed to a post at which he is unable to use his fur- niture and effects, under such regulations as the Sec- retary of State may prescribe, (4) dues for library mem- bership in organizations which issue publications to members only, or to members at a price lower than to others, (5) examination of estimates of appropriations in the field, (6) purchase of ice and drinking water abroad, (7) payment of excise taxes on negotiable in- struments abroad, and (8) procurement, by contract or otherwise, of services, supplies and facilities, as fol- lows: (i) maintenance, improvement, and repair of prop- erties used for international information activities in foreign countries, (ii) fuel and utilities for Govern- ment-owned or leased property abroad, and (iii) rental or lease for periods not exceeding ten years of offices, buildings, grounds, and living quarters, and the fur- nishing of living quarters to officers and employees en- gaged in international information activities abroad [22 U.S.C. 291]. (e) The provisions of the Department of State Appro- priation Act, 1954, regarding (1) exchange of funds for payment of expenses in connection with the operation of information establishments abroad without regard to the provisions of section 3651 of the Revised Statutes [section 543 of former Title 31], (section 103 of the Gen- eral Provisions of the Department of State Appropria- tion Act, 1954), (2) payment of travel expenses outside the continental limits of the United States from funds available in the fiscal year that such travel is author- ized and actually begins (section 104 of the General Pro- visions of the Department of State Appropriation Act, 1954), (3) granting authority to the chief of each infor- mation Field Staff to approve, with the concurrence of the Chief of Mission, use of Government-owned vehicles for travel under conditions described in section 105 of the General Provisions of the Department of State Ap- propriation Act, 1954, and (4) purchase with foreign cur- rencies for use abroad of passenger motor vehicles (ex- clusive of buses, ambulances, and station wagons) at a cost not to exceed the equivalent of $2,200 for each vehi- cle (section 106 of the General Provisions of the Depart- ment of State Appropriation Act, 1954). (f) Section 202 of the Revised Statutes of the United States [see 22 U.S.C. 2656], so far as it authorizes the Secretary of State to keep the American public in- formed about the international information aspects of the United States foreign affairs. (g) Section 504(d) of the Mutual Security Act of 1951, as amended (relating to reduction in personnel) [sec- tion 1655d of this title], with respect to personnel trans- ferred from the Mutual Security Agency or the Foreign Operations Administration to the United States Infor- mation Agency. (h) Section 161 of the Revised Statutes of the United States [see 5 U.S.C. 301], and section 4 of the act of May 26, 1949 [see 22 U.S.C. 2658], regarding the promulgation of rules and regulations and the delegation of author- ity. SEC. 4. Effective Date. This order shall become effec- tive on August 1, 1953. [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.] § 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 fa- cilities. (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 au- thorized to administer such provisions, may— (1) employ, without regard to the civil serv- ice 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 lan- guages or the preparation and production of foreign language programs when suitably qualified United States citizens are not avail- able when job vacancies occur, and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as non- immigrants under section 1101(a)(15) of title 8 for such time and under such conditions and procedures as may be established by the Direc- tor 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 vehi- cles operated by the Secretary or such agency in foreign countries, and pay the expenses in- cident thereto; (5) notwithstanding the provisions of section 2680(k) of title 28, pay tort claims in the man- ner authorized in the first paragraph of sec- tion 2672 of such title, when such claims arise in foreign countries in connection with oper- ations 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 instru- ments 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, prepara- tion and transport to their former homes of the remains of such participants or their de- pendents who die while away from their homes during such participation, and health and ac- cident 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 liv- ing 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 Govern- ment-owned or leased property abroad; (13) pay travel expenses of employees attend- ing official international conferences, without regard to sections 5701–5708 of title 5, and regu- lations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary; Page 383 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1475a (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 consult- ants 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 organiza- tions which issue publications to members only, or to members at a price lower than to others; (20) subject to the availability of appro- priated funds, purchase motion picture, radio and television producers’ liability insurance to cover errors and omissions or similar insur- ance coverage for the protection of interests in intellectual property; (21) incur expenses authorized by the For- eign 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 sec- tions 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.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in par. (21), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. AMENDMENTS 1991—Par. (9). Pub. L. 102–138, § 205, amended par. (9) generally. Prior to amendment, par. (9) read as follows: ‘‘pay the actual expenses of preparing and transporting to their former homes the remains of persons, not United States Government employees, who may die away from their homes while participating in activities conducted under this chapter;’’. Pars. (21) to (23). Pub. L. 102–138, § 204, added pars. (21) to (23). 1990—Par. (1). Pub. L. 101–246 inserted ‘‘when job va- cancies occur’’ after ‘‘available’’. 1982—Par. (16). Pub. L. 97–241, § 304(c), inserted ‘‘and security’’ after ‘‘right-hand drive’’. Par. (20). Pub. L. 97–241, § 304(d), added par. (20). 1979—Par. (1). Pub. L. 96–60, § 203(b)(2), authorized em- ployment of aliens within the United States, previously covered in section 1471(5) of this title, extended services to include preparation and production of foreign lan- guage programs, and eliminated investigation-of-alien- employees requirement. Par. (10). Pub. L. 96–60, § 204(b)(1), substituted ‘‘ten’’ for ‘‘five’’ years. Par. (14). Pub. L. 96–60, § 204(b)(3), substituted a semi- colon for ‘‘, when funds are appropriated therefor.’’ Pars. (15) to (19). Pub. L. 96–60, § 204(b)(4), added pars. (15) to (19). 1976—Par. (14). Pub. L. 94–350 added par. (14). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–60 effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expend- iture of appropriated funds, see section 209 of Pub. L. 96–60, set out as a note under section 1471 of this title. TRANSFER OF FUNCTIONS ‘‘Director of the United States Information Agency’’ substituted for ‘‘Director of the International Commu- nication Agency’’ in par. (1) 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 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. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS Pub. L. 105–277, div. G, subdiv. B, title XXIV, § 2418, Oct. 21, 1998, 112 Stat. 2681–835, provided that: ‘‘The Di- rector of the United States Information Agency is au- thorized to administer summer travel and work pro- grams without regard to preplacement requirements.’’ Similar provisions were contained in Pub. L. 105–244, title VIII, § 846, Oct. 7, 1998, 112 Stat. 1822. [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.] EMPLOYMENT AUTHORITY FOR FISCAL YEARS 1994 AND 1995 Pub. L. 103–236, title II, § 223, Apr. 30, 1994, 108 Stat. 422, provided that, for fiscal years 1994 and 1995, Direc- tor of United States Information Agency could, in car- rying out provisions of this chapter, employ individuals or organizations by contract for services to be per- formed in United States or abroad, who could not, by virtue of such employment, be considered to be employ- ees of United States Government for purposes of any law administered by Office of Personnel Management. § 1475. Travel expenses Appropriated funds made available for any fis- cal year to the Secretary or any Government agency, to carry out the provisions of this chap- ter, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transpor- tation 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 vehi- cles The exchange allowances or proceeds derived from the exchange or sale of passenger motor