22 U.S.C. § 1472 — Department of State and other Govern-

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 Page 381 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1472 (4) to make grants for, and to pay expenses incident to, training and study. (b) Contracts for telecommunication activities, etc.; availability of appropriations; cancella- tion costs (1) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appro- priations may nevertheless be made for periods not in excess of 5 years when— (A) appropriations are available and ade- quate for payment for the first fiscal year and for all potential cancellation costs; and (B) the Director of the United States Infor- mation 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 in- terests of the United States by encouraging effective competition or promoting econo- mies 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 avail- able 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 acqui- sition 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 pro- grams, facilities, and installations for or related to telecommunication activities, newswire serv- ices, and the distribution of books and other publications in foreign countries. (4)(A) Notwithstanding the other provisions of this subsection, the Broadcasting Board of Gov- ernors 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 broad- casting services outside the United States. (B) The authority of this paragraph may be ex- ercised for a fiscal year only to such extent or in such amounts as are provided in advance in ap- propriations 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.) Editorial Notes REFERENCES IN TEXT The Subsistence Expenses Act of 1926, as amended, re- ferred to in subsec. (a)(3), was repealed and superseded by the Travel Expense Act of 1949, which is covered by subchapter I of chapter 57 of Title 5, Government Orga- nization and Employees. Section 9(a) of the 1949 Act provided in part: ‘‘All Acts . . . applicable to civilian officers or employees of the departments and establish- ments, providing for reimbursement of actual travel or transportation expense, and all other Acts, general or special, which are in conflict with the provisions of this Act . . . are hereby modified, but only to the extent of inconsistency or conflict with the provisions of this Act . . .’’. CODIFICATION In subsec. (a)(2), ‘‘section 6306 of title 41’’ substituted for ‘‘section 3741 of the Revised Statutes (41 U.S.C. 22)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2002—Subsec. (b)(4)(A). Pub. L. 107–228 substituted ‘‘Broadcasting Board of Governors’’ for ‘‘United States Information Agency’’ and inserted before period ‘‘and is authorized to enter into contracts for periods not to ex- ceed ten years to acquire local broadcasting services outside the United States’’. 1994—Subsec. (b)(4). Pub. L. 103–236 added par. (4). 1982—Pub. L. 97–241 designated existing provisions as subsec. (a) and added subsec. (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. 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. Executive Documents EX. ORD. NO. 10477. AUTHORITY OF UNITED STATES INFORMATION AGENCY Ex. Ord. No. 10477, Aug. 1, 1953, 18 F.R. 4540, as amend- ed by Ex. Ord. No. 10822, May 20, 1959, 24 F.R. 4159; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; provided: SECTION 1. Determination. It is hereby determined that it is necessary, in order to carry out the functions transferred to the Director of the United States Infor- mation Agency (hereinafter referred to as the Director) by the provisions of subsections (a), (b), and (c) of sec- tion 2 of the said Reorganization Plan No. 8 of 1953, to authorize the Director to exercise, in relation to re- spective functions so transferred, the authority speci- fied in sections 2 and 3 hereof. SEC. 2. [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967.] SEC. 3. Authority under various other statutes. The Di- rector is authorized to exercise the authority available to the Secretary of State or the Director of the Foreign Operations Administration, as the case may be, under the following-described provisions of law: (a) The Foreign Service Buildings Act of 1926, as amended [22 U.S.C. 292 et seq.], regarding the acquisi- tion, construction, alteration, repair, furnishing, ex- change, and disposal of buildings and grounds in foreign countries. (b) The act of July 9, 1949 [see 22 U.S.C. 2681 to 2683], regarding the transfer, acquisition, use, and disposal of international broadcasting facilities. (c) The act of August 3, 1950, regarding the importa- tion of sound recordings. (d) The provisions under the first heading ‘‘Salaries and Expenses’’ of the Department of State Appropria- tion Act, 1954, regarding (1) employment of aliens, by contract, for services abroad, (2) purchase of uniforms, 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;