22 U.S.C. § 2679a — Procurement contracts

Page 1115 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2679a with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, house- hold goods, or automobiles of such personnel shall be available for such expenses when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed during that same fiscal year. (Aug. 1, 1956, ch. 841, title I, § 10, 70 Stat. 891; re- numbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Editorial Notes CODIFICATION Section was formerly classified to section 170o of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2678. Reduction in earmarks if appropriations are less than authorizations If the amount appropriated (or made available in the event of a sequestration order issued pur- suant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; [2 U.S.C. 900 et seq.])) for a fiscal year pursuant to any authorization of appropriations provided by an Act other than an appropriation Act is less than the authorization amount and a provision of that Act provides that a specified amount of the authorization amount shall be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount ap- propriated (or made available in the event of se- questration) bears to the authorization amount. (Aug. 1, 1956, ch. 841, title I, § 11, as added Pub. L. 101–246, title I, § 106, Feb. 16, 1990, 104 Stat. 20.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in text, is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended pro- visions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. PRIOR PROVISIONS A prior section 2678, acts Aug. 1, 1956, ch. 841, title I, § 11, 70 Stat. 892; Sept. 8, 1960, Pub. L. 86–723, § 50, 74 Stat. 847; renumbered title I, Aug. 24, 1982, Pub. L. 97–241, title II, § 202(a), 96 Stat. 282; Oct. 19, 1984, Pub. L. 98–533, title III, § 303(b), 98 Stat. 2711, related to use of Government-owned vehicles for security purposes for travel by the Deputy Secretary of State, prior to repeal by Pub. L. 99–550, § 2(d), Oct. 27, 1986, 100 Stat. 3070. § 2679. Maximum rates of per diem in lieu of sub- sistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and as- sistance The Secretary of State, with the approval of the Office of Management and Budget, shall pre- scribe the maximum rates of per diem in lieu of subsistence (or of similar allowances therefor) payable while away from their own countries to foreign participants in any exchange of persons program, or in any program of furnishing tech- nical information and assistance, under the ju- risdiction of any Government agency, and said rates may be fixed without regard to any provi- sion of law in limitation thereof. (Aug. 1, 1956, ch. 841, title I, § 12, 70 Stat. 892; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Editorial Notes CODIFICATION Section was formerly classified to section 170q of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of Reorg. Plan No. 2 of 1970 re- designated Bureau of the Budget as Office of Manage- ment and Budget and offices of Director, Deputy Direc- tor, and Assistant Directors of Bureau of the Budget as Director, Deputy Director, and Assistant Directors, re- spectively, of Office of Management and Budget. Sec- tion 103 of Reorg. Plan No. 2 of 1970 transferred all records, property, personnel, and funds of Bureau to Of- fice of Management and Budget. See Part I of Reorga- nization Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees. DELEGATION OF FUNCTIONS Authority of Secretary of State under this section to prescribe certain maximum rates of per diem in lieu of subsistence (or of similar allowances therefor), without the approval, ratification, or other action of President, delegated to Secretary of State, see section 4 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. § 2679a. Procurement contracts (a) Funding for periods not in excess of five years; conditions Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when— (1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and (2) the Secretary of State determines that— (A) the need of the Government for the property or service being acquired over the Page 1116 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2679b 1 So in original. Probably should be ‘‘41)—’’. 2 See References in Text note below. period of the contract is reasonably firm and continuing; (B) such a contract will serve the best in- terests of the United States by encouraging effective competition or promoting econo- mies in performance and operation; and (C) such a method of contracting will not inhibit small business participation. (b) Cancellation of contracts 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 cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acqui- sition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments. (Aug. 1, 1956, ch. 841, title I, § 14, as added and re- numbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), Aug. 24, 1982, 96 Stat. 280, 282.) Editorial Notes PRIOR PROVISIONS A prior section 2679a, acts Aug. 1, 1956, ch. 841, § 14, as added Oct. 26, 1974, Pub. L. 93–475, § 10(a)–(d), 88 Stat. 1441; amended Nov. 29, 1975, Pub. L. 94–141, title IV, § 407(a), 89 Stat. 771; Aug. 17, 1977, Pub. L. 95–105, title IV, § 410(a), 91 Stat. 854, set forth provisions respecting death guaranties for certain Foreign Service personnel, prior to repeal by Pub. L. 96–465, title II, § 2205(10), Oct. 17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, ex- cept as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. See section 3973 of this title. Another prior section 14 of act Aug. 1, 1956, was clas- sified to section 170s of former Title 5, Executive De- partments and Government Officers and Employees, prior to repeal by Pub. L. 86–707, title V, § 511(a)(2), Sept. 6, 1960, 74 Stat. 800. See section 5922(b) of Title 5, Government Organization and Employees. § 2679b. Prohibition against fraudulent use of ‘‘Made in America’’ labels If it has been finally determined by a court or Federal agency that a person intentionally af- fixed a label bearing a ‘‘Made in America’’ in- scription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract from the Depart- ment of State, pursuant to the debarment, sus- pension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regu- lations. (Pub. L. 102–138, title I, § 195, Oct. 28, 1991, 105 Stat. 684.) § 2679c. Prohibition on discriminatory contracts (a) Prohibition (1) Except for real estate leases and as pro- vided in subsection (b), the Department of State may not enter into any contract that expends funds appropriated to the Department of State for an amount in excess of the small purchase threshold (as defined in section 134 of title 41— 1 (A) with a foreign person that complies with the Arab League boycott of Israel, or (B) with any foreign or United States person that discriminates in the award of sub- contracts on the basis of religion. (2) For purposes of this section— (A) a foreign person complies with the boy- cott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boy- cott of Israel by Arab League countries, which section 4607(a) 2 of title 50 prohibits a United States person from taking, except that for purposes of this paragraph, the term ‘‘United States person’’ as used in subparagraphs (B) and (C) of section 4607(a)(1) 2 of title 50 shall be deemed to mean ‘‘person’’; and (B) the term ‘‘foreign person’’ means any person other than a United States person as defined in section 4618(2) 2 of title 50. (3) For purposes of paragraph (1), a foreign per- son shall be deemed not to comply with the boy- cott of Israel by Arab League countries if that person, or the Secretary of State or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohib- ited by section 4607(a) 2 of title 50. Certification by the Secretary of State or his designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission. (b) Waiver by Secretary of State The Secretary of State may waive the require- ments of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country. (c) Responses to contract solicitations (1) Except as provided in paragraph (2) of this subsection, the Secretary of State shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a con- tract covered by subsection (a), includes the fol- lowing clause, in substantially the following form: ‘‘ARAB LEAGUE BOYCOTT OF ISRAEL ‘‘(a) DEFINITIONS.—As used in this clause— ‘‘(1) the term ‘foreign person’ means any per- son other than a United States person as de- fined in paragraph (2); and ‘‘(2) the term ‘United States person’ means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (includ- ing any permanent domestic establishment of any foreign concern), and any foreign sub- sidiary or affiliate (including any permanent foreign establishment) of any domestic con-