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22 U.S.C. § 2679 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2679. Maximum rates of per diem in lieu of subsistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and assistance
The Secretary of State, with the approval of the Office of Management and Budget, shall prescribe 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 technical information and assistance, under the jurisdiction of any Government agency, and said rates may be fixed without regard to any provision 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.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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 redesignated Bureau of the Budget as Office of Management and Budget and offices of Director, Deputy Director, and Assistant Directors of Bureau of the Budget as Director, Deputy Director, and Assistant Directors, respectively, of Office of Management and Budget. Section 103 of Reorg. Plan No. 2 of 1970 transferred all records, property, personnel, and funds of Bureau to Office of Management and Budget. See Part I of Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees.
heading: Delegation of Functions
text: 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.
22 U.S.C. § 2679a (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 period of the contract is reasonably firm and continuing;
(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies 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 acquisition 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 renumbered title I, Pub. L. 97–241, title I, § 121, title II, § 202(a), Aug. 24, 1982, 96 Stat. 280, 282.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, except 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 classified to section 170s of former Title 5, Executive Departments 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.
22 U.S.C. § 2679d (FOREIGN RELATIONS AND INTERCOURSE)
§ 2679d. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances
A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28.
(Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Department” and “Secretary” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2680a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2680a. Compensation for disability or death
Section 1651 of title 42 shall not apply with respect to such contracts as the Secretary of State may determine which are contracts with persons employed to perform work for the Department of State or the Foreign Service on an intermittent basis for not more than 90 days in a calendar year.
(Aug. 1, 1956, ch. 841, title I, § 16, as added and renumbered title I, Pub. L. 97–241, title I, § 122, title II, § 202(a), Aug. 24, 1982, 96 Stat. 281, 282.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2680a, acts Aug. 1, 1956, ch. 841, § 16, as added Oct. 26, 1974, Pub. L. 93–475, § 12, 88 Stat. 1442; amended Oct. 7, 1978, Pub. L. 95–426, title I, § 117, 92 Stat. 969, related to authority and responsibility of chiefs of mission, prior to repeal by Pub. L. 96–465, title II, § 2205(10), Oct. 17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, except 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 3927 of this title.
22 U.S.C. § 2682 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2682. Liquidation and disposal of broadcasting facilities
Whenever the Secretary finds that the operation of the facilities authorized by sections 2681 to 2683 of this title to be transferred is no longer necessary or desirable, he shall report such fact to Congress with his recommendations for the disposition of such facilities.
(July 9, 1949, ch. 301, § 2, 63 Stat. 408.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 170b 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.
22 U.S.C. § 2683 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2683. Assumption of obligations of operation of broadcasting facilities
The Department of State shall assume all obligations of the Reconstruction Finance Corporation covering operations of said facilities, equipment, and appurtenant property outstanding at the date of transfer.
(July 9, 1949, ch. 301, § 3, 63 Stat. 408.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 170c 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.
heading: Executive Documents
heading: Abolition of Reconstruction Finance Corporation
text: Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out as a note under section 601 of Title 15, Commerce and Trade, abolished the Reconstruction Finance Corporation.
22 U.S.C. § 2684a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2684a. Capital Investment Fund
(a) Establishment
There is established within the Department of State a Capital Investment Fund to provide for the procurement and enhancement of information technology and other related capital investments for the Department of State and to ensure the efficient management, coordination, operation, and utilization of such resources.
(b) Funding
Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund.
(c) Availability
Amounts deposited into the Fund shall remain available until expended.
(d) Expenditures from Fund
Amounts deposited in the Fund shall be available for purposes of subsection (a).
(e) Reprogramming procedures
Funds credited to the Capital Investment Fund shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogramming notifications under section 2706 of this title.
(Pub. L. 103–236, title I, § 135, Apr. 30, 1994, 108 Stat. 396; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2209, Oct. 21, 1998, 112 Stat. 2681–811.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–277, § 2209(1), inserted “and enhancement” after “procurement”.
Subsec. (c). Pub. L. 105–277, § 2209(2), substituted “shall” for “are authorized to”.
Subsec. (d). Pub. L. 105–277, § 2209(3), substituted “for purposes of subsection (a)” for “for expenditure to procure capital equipment and information technology”.
Subsec. (e). Pub. L. 105–277, § 2209(4), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Funds credited to the Capital Investment Fund shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings.”
22 U.S.C. § 2685 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2685. Reimbursement for detailed State Department personnel
(a) An Executive agency to which any officer or employee of the Department of State is detailed, assigned, or otherwise made available, shall reimburse the Department for the salary and allowances of each such officer or employee for the period the officer or employee is so detailed, assigned, or otherwise made available. However, if the Department of State has an agreement with an Executive agency or agencies providing for the detailing, assigning, or otherwise making available, of substantially the same numbers of officers and employees between the Department and the Executive agency or agencies, and such numbers with respect to a fiscal year are so detailed, assigned, or otherwise made available, or if the period for which the officer or employee is so detailed, assigned, or otherwise made available does not exceed one year, or if the number of officers and employees so detailed, assigned, or otherwise made available at any one time does not exceed fifteen and the period of any such detail, assignment, or availability of an officer or employee does not exceed two years, no reimbursement shall be required to be made under this section. Officers and employees of the Department of State who are detailed, assigned, or otherwise made available to another Executive agency for a period of not to exceed one year shall not be counted toward any personnel ceiling for the Department of State established by the Director of the Office of Management and Budget.
(b) For purposes of this section, “Executive agency” has the same meaning given that term by section 105 of title 5.
(Pub. L. 93–126, § 11, Oct. 18, 1973, 87 Stat. 453; Pub. L. 95–426, title I, § 118, Oct. 7, 1978, 92 Stat. 969; Pub. L. 99–93, title I, § 117, Aug. 16, 1985, 99 Stat. 412.)
heading: Editorial Notes
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–93 inserted “or if the number of officers and employees so detailed, assigned, or otherwise made available at any one time does not exceed fifteen and the period of any such detail, assignment, or availability of an officer or employee does not exceed two years,” after “does not exceed one year,”.
1978—Subsec. (a). Pub. L. 95–426 substituted “does not exceed one year” for “does not exceed ninety days”, and inserted provision excepting from any personnel ceiling for the Department of State any officers and employees who are detailed, etc., to another Executive agency for a period of not to exceed one year.
22 U.S.C. § 2686a (FOREIGN RELATIONS AND INTERCOURSE)
§ 2686a. Appointment of Special Coordinator for water policy negotiations and water resources policy
(a) Designation
The Secretary of State shall designate a Special Coordinator—
(1) to coordinate the United States Government response to international water resource disputes and needs;
(2) to represent the United States Government, whenever appropriate, in multilateral fora in discussions concerning access to fresh water; and
(3) to formulate United States policy to assist in the resolution of international problems posed by the lack of fresh water supplies.
(b) Other responsibilities
The individual designated under subsection (a) may carry out the functions of subsection (a) in addition to other assigned responsibilities.
(Pub. L. 102–138, title I, § 180, Oct. 28, 1991, 105 Stat. 682.)
heading: Statutory Notes and Related Subsidiaries
heading: Authority of Secretary of State
text: Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.
22 U.S.C. § 2689 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2689. American Sections, International Joint Commission, United States and Canada; funds for representation expenses and official entertainment within the United States
Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.
(Aug. 1, 1956, ch. 841, title I, § 19, as added Pub. L. 94–350, title I, § 104, July 12, 1976, 90 Stat. 824; amended Pub. L. 95–426, title I, § 110(a), Oct. 7, 1978, 92 Stat. 967; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–426 struck out “not to exceed $1,500 of the” after “the Secretary of State may use”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–426, title I, § 110(b), Oct. 7, 1978, 92 Stat. 967, provided that: “The amendment made by this section [amending this section] shall take effect on October 1, 1978.”
22 U.S.C. § 2690 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2690. Foreign gifts; audit; reports to Congress
Any expenditure for any gift for any person of any foreign country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Comptroller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure and necessary to facilitate the audit.
(Aug. 1, 1956, ch. 841, title I, § 20, as added Pub. L. 94–350, title I, § 116(a), July 12, 1976, 90 Stat. 827; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
22 U.S.C. § 2691 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2691. Repealed. Pub. L. 101–649, title VI, § 603(a)(18), Nov. 29, 1990, 104 Stat. 5084
text: Section, act Aug. 1, 1956, ch. 841, title I, § 21, as added Aug. 17, 1977, Pub. L. 95–105, title I, § 112, 91 Stat. 848; amended Oct. 7, 1978, Pub. L. 95–426, title I, § 119, 92 Stat. 970; Aug. 15, 1979, Pub. L. 96–60, title I, § 109, 93 Stat. 397; renumbered title I, Aug. 24, 1982, Pub. L. 97–241, title II, § 202(a), 96 Stat. 282, related to compliance with the Helsinki Final Act in the granting of nonimmigrant visas to aliens who are excludible from the United States by reason of membership in or affiliation with a proscribed organization but who are otherwise admissible, and provided that this section not apply to representatives of labor organizations that are instruments of a totalitarian state or aliens connected with the Palestine Liberation Organization.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Section repealed applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of Title 8, Aliens and Nationality.
22 U.S.C. § 2692 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2692. Compensation for persons participating in State Department proceedings; availability of funds
(a) The Secretary of State may compensate, pursuant to regulations which he shall prescribe, for the cost of participating in any proceeding or on any advisory committee or delegation of the Department of State, any organization or person—
(1) who is representing an interest which would not otherwise be adequately represented and whose participation is necessary for a fair determination of the issues taken as a whole; and
(2) who would otherwise be unable to participate in such proceeding or on such committee or delegation because such organization or person cannot afford to pay the costs of such participation.
(b) Of the funds appropriated for salaries and expenses for the Department of State, not to exceed $250,000 shall be available in any fiscal year for compensation under this section to such organizations and persons.
(Aug. 1, 1956, ch. 841, title I, § 22, as added Pub. L. 95–105, title I, § 113(a), Aug. 17, 1977, 91 Stat. 848; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 95–105, title I, § 113(b), Aug. 17, 1977, 91 Stat. 849, provided that: “Subsection (a) [enacting this section] shall become effective on October 1, 1977.”
22 U.S.C. § 2693 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2693. Repealed. Pub. L. 96–465, title II, § 2205(3), Oct. 17, 1980, 94 Stat. 2160
text: Section, Pub. L. 95–105, title IV, § 413, Aug. 17, 1977, 91 Stat. 856, related to employment of family members abroad in non-career positions. See sections 3951, 3968, and 4026 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
22 U.S.C. § 2698 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2698. Procurement of legal services
(a) The Secretary of State may, without regard to section 3106 of title 5, authorize a principal officer of the Foreign Service to procure legal services whenever such services are required for the protection of the interests of the Government or to enable a member of the Service to carry on the member’s work efficiently.
(b) The authority available to the Secretary of State under this section shall be available to the Broadcasting Board of Governors,1 and the Administrator of the Agency for International Development with respect to the Board and the Agency.
(Aug. 1, 1956, ch. 841, title I, § 26, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 101–246, title III, § 303, Feb. 16, 1990, 104 Stat. 64; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(l)(3), title XIV, § 1422(b)(3)(B), Oct. 21, 1998, 112 Stat. 2681–789, 2681–792; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 802(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–113 made technical correction to directory language of Pub. L. 105–277, § 1422(b)(3)(B). See 1998 Amendment note below.
1998—Subsec. (b). Pub. L. 105–277, § 1422(b)(3)(B), as amended by Pub. L. 106–113, substituted “Administrator of the Agency for International Development” for “Director of the United States International Development Cooperation Agency”.
Pub. L. 105–277, § 1335(l)(3), substituted “Broadcasting Board of Governors,” for “Director of the United States Information Agency, the chairman of the Board for International Broadcasting,” and “with respect to the Board and the Agency” for “with respect to their respective agencies”.
1990—Subsec. (b). Pub. L. 101–246 substituted “United States Information Agency, the chairman of the Board for International Broadcasting,” for “International Communication Agency”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
heading: Effective Date of 1998 Amendment
text: Amendment by section 1335(l)(3) of 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.
Amendment by section 1422(b)(3)(B) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.
heading: Effective Date
text: Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title.
22 U.S.C. § 2699 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2699. Employment opportunities for family members
(a) In order to expand employment opportunities for family members of United States Government personnel assigned abroad, the Secretary of State shall seek to conclude such bilateral and multilateral agreements as will facilitate the employment of such family members in foreign economies.
(b) Any member of a family of a member of the Foreign Service may accept gainful employment in a foreign country unless such employment—
(1) would violate any law of such country or of the United States; or
(2) could, as certified in writing by the United States chief of mission to such country, damage the interests of the United States.
(Aug. 1, 1956, ch. 841, title I, § 27, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title.