§ 1472. — Department of State and other Government agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1472]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 18--UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
SUBCHAPTER VII--ADMINISTRATIVE PROCEDURE
Sec. 1472. Department of State and other Government 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
Department 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 domestic, including subdivisions thereof, and
intergovernmental organizations of which the United States is a
member, and, with respect to contracts entered into in foreign
countries, without regard to section 22 of title 41;
(3) under such regulations as the Secretary may prescribe, to
pay the transportation expenses, 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 Regulations and the Subsistence Expense Act of 1926,\1\ as
amended; and
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\1\ See References in Text note below.
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(4) to make grants for, and to pay expenses incident to,
training and study.
(b) Contracts for telecommunication activities, etc.; availability of
appropriations; cancellation costs
(1) Any contract authorized by subsection (a) of this section and
described in paragraph (3) of this subsection which is funded on the
basis of annual appropriations may nevertheless be made for periods not
in excess of 5 years when--
(A) appropriations are available and adequate for payment for
the first fiscal year and for all potential cancellation costs; and
(B) the Director of the United States Information 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 interests of the
United States by encouraging effective competition or promoting
economies 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 available 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 acquisition 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 programs, facilities, and installations for or related to
telecommunication activities, newswire services, and the distribution of
books and other publications in foreign countries.
(4)(A) Notwithstanding the other provisions of this subsection, the
Broadcasting Board of Governors 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 broadcasting
services outside the United States.
(B) The authority of this paragraph may be exercised for a fiscal
year only to such extent or in such amounts as are provided in advance
in appropriations Acts.
(Jan. 27, 1948, ch. 36, title VIII, Sec. 802, 62 Stat. 12; Pub. L. 97-
241, title III, Sec. 304(b), Aug. 24, 1982, 96 Stat. 292; Pub. L. 103-
236, title II, Sec. 225, Apr. 30, 1994, 108 Stat. 423; Pub. L. 107-228,
div. A, title V, Sec. 503, Sept. 30, 2002, 116 Stat. 1392.)
References in Text
The Subsistence Expenses Act of 1926, as amended, referred 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 Organization and Employees. Section 9(a) of the 1949 Act
provided in part: ``All Acts . . . applicable to civilian officers or
employees of the departments and establishments, 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 . . .''.
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 exceed 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).
Transfer of Functions
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.
Ex. Ord. No. 10477. Authority of United States Information Agency
Ex. Ord. No. 10477, Aug. 1, 1953, 18 F.R. 4540, as amended 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 Information Agency (hereinafter referred
to as the Director) by the provisions of subsections (a), (b), and (c)
of section 2 of the said Reorganization Plan No. 8 of 1953, to authorize
the Director to exercise, in relation to respective functions so
transferred, the authority specified 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 Director 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 acquisition, construction, alteration,
repair, furnishing, exchange, 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 importation of sound
recordings.
(d) The provisions under the first heading ``Salaries and Expenses''
of the Department of State Appropriation Act, 1954, regarding (1)
employment of aliens, by contract, for services abroad, (2) purchase of
uniforms, (3) cost of transporting to and from a place of storage and
the cost of storing the furniture and household effects of an employee
of the Foreign Service who is assigned to a post at which he is unable
to use his furniture and effects, under such regulations as the
Secretary of State may prescribe, (4) dues for library membership 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 instruments abroad,
and (8) procurement, by contract or otherwise, of services, supplies and
facilities, as follows: (i) maintenance, improvement, and repair of
properties used for international information activities in foreign
countries, (ii) fuel and utilities for Government-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
furnishing of living quarters to officers and employees engaged in
international information activities abroad [22 U.S.C. 291].
(e) The provisions of the Department of State Appropriation 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 General Provisions
of the Department of State Appropriation 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 authorized and
actually begins (section 104 of the General Provisions of the Department
of State Appropriation Act, 1954), (3) granting authority to the chief
of each information 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 Appropriation Act, 1954, and (4) purchase with
foreign currencies for use abroad of passenger motor vehicles (exclusive
of buses, ambulances, and station wagons) at a cost not to exceed the
equivalent of $2,200 for each vehicle (section 106 of the General
Provisions of the Department 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 informed 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) [section 1655d of this title], with
respect to personnel transferred from the Mutual Security Agency or the
Foreign Operations Administration to the United States Information
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 authority.
Sec. 4. Effective Date. This order shall become effective on August
1, 1953.
[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.]
