§ 1475h. — Overseas public diplomacy grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1475h]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 18--UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
SUBCHAPTER VII--ADMINISTRATIVE PROCEDURE
Sec. 1475h. Overseas public diplomacy grants
(a) Competitive grant procedures
Except as provided in subsection (b) of this section, the Department
of State shall work to achieve full and open competition in the award of
grants for carrying out its overseas public diplomacy functions.
(b) Exceptions
The Department of State may award an overseas public diplomacy grant
under procedures other than competitive procedures when--
(1) such a grant is made under the Mutual Educational and
Cultural Exchange Act of 1961 (commonly known as the Fulbright-Hays
Act) [22 U.S.C. 2451 et seq.] or any statute which expressly
authorizes or requires that a grant be made with a specified entity;
(2) the terms of an international agreement or treaty between
the United States Government and a foreign government or
international organization have the effect of requiring the use of
procedures other than competitive procedures;
(3) a recipient organization has developed particular expertise
in the planning and administration of longstanding exchange programs
important to United States foreign policy; or
(4) introducing competition would increase costs.
(c) Compliance with grant guidelines
(1) After October 1, 1991, overseas public diplomacy grants awarded
by the Department of State shall substantially comply with Department of
State grant guidelines and applicable circulars of the Office of
Management and Budget.
(2) If the Agency \1\ determines that a grantee has not satisfied
the requirement of paragraph (1), the Department of State shall notify
the grantee of the suspension of payments under a grant unless
compliance is achieved within 90 days of such notice.
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\1\ So in original. Probably should be ``Department''.
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(3) The Agency \1\ shall suspend payments under any such grant which
remains in noncompliance 90 days after notification under paragraph (2).
(Pub. L. 102-138, title II, Sec. 212, Oct. 28, 1991, 105 Stat. 695; Pub.
L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(b), Oct. 21, 1998,
112 Stat. 2681-787.)
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred
to in subsec. (b)(1), is Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527,
as amended, which is classified principally to chapter 33 (Sec. 2451 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2451 of this title and
Tables.
Codification
Section was enacted as part of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993, and not as part of the United States
Information and Educational Exchange Act of 1948 which comprises this
chapter.
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 1335(b)(1), (2),
substituted ``Department of State'' for ``United States Information
Agency'' and inserted ``for carrying out its overseas public diplomacy
functions'' after ``grants''.
Subsec. (b). Pub. L. 105-277, Sec. 1335(b)(1), (3)(A), in
introductory provisions, substituted ``Department of State'' for
``United States Information Agency'' and ``an overseas public diplomacy
grant'' for ``a grant''.
Subsec. (b)(1). Pub. L. 105-277, Sec. 1335(b)(3)(B), inserted
``such'' after ``(1)''.
Subsec. (c)(1). Pub. L. 105-277, Sec. 1335(b)(1), (4), inserted
``overseas public diplomacy'' before ``grants'' and substituted
``Department of State'' for ``United States Information Agency'' in two
places.
Subsec. (c)(2). Pub. L. 105-277, Sec. 1335(b)(1), substituted
``Department of State'' for ``United States Information Agency''.
Subsec. (c)(3). Pub. L. 105-277, Sec. 1335(b)(5), inserted ``such''
before ``grant''.
Subsec. (d). Pub. L. 105-277, Sec. 1335(b)(6), struck out heading
and text of subsec. (d). Text read as follows: ``Not later than 90 days
after October 28, 1991, the Director of the United States Information
Agency shall submit a detailed report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives on United States Information Agency action to
comply with subsection (a) of this section.''
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.
