§ 1471. — Authority of Secretary of State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1471]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 18--UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
SUBCHAPTER VII--ADMINISTRATIVE PROCEDURE
Sec. 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 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 \1\ 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;
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\1\ See References in Text note below.
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(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, Sec. 801, 62 Stat. 11; Pub. L. 87-
139, Sec. 11, Aug. 14, 1961, 75 Stat. 341; 1977 Reorg. Plan No. 2,
Secs. 8(b), 9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1637-1639; Pub. L. 96-
60, title II, Secs. 203(b)(1), (e), 204(a), Aug. 15, 1979, 93 Stat. 398-
400; Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
291; Pub. L. 98-164, title II, Sec. 217, Nov. 22, 1983, 97 Stat. 1036;
Pub. L. 100-204, title II, Sec. 205, Dec. 22, 1987, 101 Stat. 1374; Pub.
L. 102-138, title II, Sec. 203, Oct. 28, 1991, 105 Stat. 692; Pub. L.
103-236, title II, Sec. 222, Apr. 30, 1994, 108 Stat. 421; Pub. L. 105-
277, div. G, subdiv. A, title XIII, Sec. 1335(a)(4), Oct. 21, 1998, 112
Stat. 2681-787.)
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, Sec. 7, Nov.
17, 1988, 102 Stat. 4052.
The civil-service laws, referred to in par. (5), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The classification laws, referred to in par. (5), are classified
generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III
(Sec. 5331 et seq.) of chapter 53 of Title 5.
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, Sec. 5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, 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, Sec. 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 Exchange,'' was deleted pursuant to
Reorg. Plan No. 2 of 1977, Sec. 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 Information, and the United States
Advisory Commission on International Educational and Cultural Affairs
[which replaced the Advisory Commission on Educational Exchange],
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, Sec. 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 television'' 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, Sec. 204(a), struck out ``within the
limitation of such appropriations as the Congress may provide,'' after
``chapter,''.
Par. (3). Pub. L. 96-60, Sec. 203(e), substituted ``leasing of
associated real property (either within or outside the United States)''
for ``leasing of real property both within 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 interests therein which are
outside the United States without regard to section 255 of title 40 if
the sufficiency of the title to such property or interests therein is
approved by the Director.
Par. (5). Pub. L. 96-60, Sec. 203(b)(1), struck out provision for
employment of aliens within the United States limited 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 expenses as authorized by section
73b-2 of title 5, for provisions which allowed payment of actual
transportation expenses and a maximum of $10 per diem.
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 Effective Date note under section
6531 of this title.
Effective Date of 1979 Amendment
Section 209 of Pub. L. 96-60 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, Government 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 Communication 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
Communication 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 Bureau) 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, Sec. 111(a)(2), Sept.
21, 1961, 75 Stat. 538.
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 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
Contractor Requirements
Section 403 of Pub. L. 100-204 provided that:
``(a) Findings.--The Congress finds that the overriding national
security aspects of the $1,300,000,000 facilities 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 modernization 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 resulting 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, antennas, spare parts, and other
technical equipment, all the responsive bids of United States persons
and qualified United States joint venture persons shall be considered 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 national
of a country whose government permits United States contractors
and suppliers the opportunity to bid on a competitive and
nondiscriminatory basis with its national contractors and
suppliers, on procurement and projects related to the
construction, modernization, upgrading, or expansion of--
``(i) its national public radio and television sector,
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 advance 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 position of
United States persons who also bid on the project; or
``(D) the statutes of a host foreign country prohibit 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 Committee on
Appropriations of the Senate what specific actions the Secretary has
taken to urge the foreign country to permit the use of United States
contractors 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 organized 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 resources in
the United States to perform the contract; 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 Request 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 International Broadcasting Bureau),
transfer of functions, and treatment of references thereto, see sections
6531, 6532, and 6551 of this title.]
