§1475h — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Department of State must try to award overseas public diplomacy grants through open, competitive processes that let many groups apply. It can skip competition in four cases: when the grant is under the Mutual Educational and Cultural Exchange Act of 1961 (the Fulbright‑Hays Act) or another law that says give the grant to a specific group; when an international agreement or treaty requires noncompetitive procedures; when an organization has special experience running long‑standing exchange programs important to U.S. foreign policy; or when holding a competition would raise costs. For grants made after October 1, 1991, the Department must largely follow its grant rules and the relevant Office of Management and Budget circulars. If the Department finds a grantee is not following those rules, it must notify the grantee that payments will be stopped unless the problem is fixed within 90 days. If the grantee is still not in compliance 90 days after the notice, the Department must stop payments.

Title 22, §1475h

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), 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)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)(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 11 So in original. Probably should be “Department”. 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.

(3)The Agency 1 shall suspend payments under any such grant which remains in noncompliance 90 days after notification under paragraph (2).

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Editorial Notes

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, which is classified principally to chapter 33 (§ 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, § 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, § 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, § 1335(b)(3)(B), inserted “such” after “(1)”. Subsec. (c)(1). Pub. L. 105–277, § 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, § 1335(b)(1), substituted “Department of State” for “United States Information Agency”. Subsec. (c)(3). Pub. L. 105–277, § 1335(b)(5), inserted “such” before “grant”. Subsec. (d). Pub. L. 105–277, § 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment 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.

§1475h Overseas public diplomacy grants

Summary

Title 22, §1475h

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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