§2669 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State can use money available to pay for many needs of U.S. diplomacy and operations overseas. That includes hiring printing and binding done outside the 50 states and D.C.; settling and paying a foreign government’s meritorious claim for damage, injury, or death to one of its nationals up to $15,000 (or the foreign currency equal); paying tort claims that arise abroad as allowed under the first paragraph of 28 U.S.C. 2672; buying uniforms; funding official events and courtesies; providing telecommunication services; and giving top physical security for U.S. government buildings, leased space, and vehicles overseas. The Secretary can also buy special-purpose passenger vehicles without following normal price limits, pay obligations assumed in Germany on or after June 5, 1945, and pay obligations under international agreements and binational contracts when law allows. The Secretary may contract for people or organizations to do work abroad and can set contract terms and processes needed for those overseas jobs, even if some U.S. contracting rules would not normally apply. People hired by those contracts are not automatically treated as U.S. government employees under Office of Personnel Management laws, though the Secretary can decide if subsection (f) or other Secretary‑administered employment laws should apply. The Department can hire services under 5 U.S.C. 3109 up to the GS–18 pay rate (see 5 U.S.C. 5332). The power to buy goods directly for Foreign Service posts in emergencies ends when the amendment in section 2711 of the Competition in Contracting Act of 1984 takes effect; after that, purchases must follow 41 U.S.C. 3304(a)(2). The Secretary can also enter into personal service contracts to help the Department of Defense or other agencies when requested, and can correct employee pay errors and pay back pay and other amounts under 5 U.S.C. 5596 as part of settling claims or grievances.

Title 22, §2669

Foreign Relations and Intercourse — Source: USLM XML via OLRC

The Secretary of State may use funds appropriated or otherwise available to the Secretary to—

(a)provide for printing and binding outside the States of the United States and the District of Columbia without regard to section 501 of title 44;

(b)for the purpose of promoting and maintaining friendly relations with foreign countries through the prompt settlement of certain claims, settle and pay any meritorious claim against the United States which is presented by a government of a foreign country for damage to or loss of real or personal property of, or personal injury to or death of, any national of such foreign country: Provided, That such claim is not cognizable under any other statute or international agreement of the United States and can be settled for not more than $15,000 or the foreign currency equivalent thereof;

(c)employ individuals or organizations, by contract, for services abroad, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad); and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States;

(d)provide for official functions and courtesies;

(e)purchase uniforms;

(f)pay tort claims, in the manner authorized in the first paragraph of section 2672, as amended, of title 28, when such claims arise in foreign countries in connection with Department of State operations abroad;

(g)obtain services as authorized by section 3109 of title 5 at a rate not to exceed the maximum rate payable for GS–18 under section 5332 of such title 5;

(h)directly procure goods and services in the United States or abroad, solely for use by United States Foreign Service posts abroad when the Secretary of State, in accordance with guidelines established in consultation with the Administrator of General Services, determines that use of the Federal Acquisition Service or otherwise applicable Federal goods and services acquisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by the Secretary of State for the purposes described in this paragraph shall be in accordance with section 3304(a)(2) of title 41;

(i)pay obligations assumed in Germany on or after June 5, 1945;

(j)provide telecommunications services;

(k)provide maximum physical security in Government-owned and leased properties and vehicles abroad;

(l)purchase special purpose passenger motor vehicles without regard to any price limitation otherwise established by law;

(m)pay obligations arising under international agreements, conventions, and binational contracts to the extent otherwise authorized by law;

(n)exercise the authority provided in subsection (c), upon the request of the Secretary of Defense or the head of any other department or agency of the United States, to enter into personal service contracts with individuals to perform services in support of the Department of Defense or such other department or agency, as the case may be; and

(o)make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, as well as provide back pay and other categories of payments under section 5596 of title 5, as part of the settlement or compromise of administrative claims or grievances filed against the Department.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of the amendment made by section 2711 of the Competition in Contracting Act of 1984, referred to in subsec. (h), is the

Effective Date

of section 2711 of title VII of Pub. L. 98–369, div. B, July 18, 1984, 98 Stat. 1175, 1203, which amended section 253 of former Title 41, Public Contracts, applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985. See section 2751(a) of Pub. L. 98–369, set out as an

Effective Date

of 1984 Amendment note under section 4751 of Title 10, Armed Forces. Codification In subsec. (a), “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, § 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents. In subsec. (h), “section 3304(a)(2) of title 41” substituted for “section 303(c)(2) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was formerly classified to section 170g 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.

Amendments

2004—Subsec. (k). Pub. L. 108–447, § 413(b)(1), which directed the striking out of “and”, was executed by striking out “and” after semicolon, to reflect the probable intent of Congress. Subsec. (l). Pub. L. 108–447, § 413(b)(3), substituted semicolon for period at end. Subsec. (m). Pub. L. 108–447, § 413(b)(2), (3), transferred subsec. (m) to appear after subsec. (l) and substituted semicolon for period at end. Subsec. (n). Pub. L. 108–447, § 413(b)(4), substituted “; and” for period at end. Subsec. (o). Pub. L. 108–447, § 413(a), added subsec. (o). 2001—Subsec. (n). Pub. L. 107–107 added subsec. (n). 1994—Subsec. (c). Pub. L. 103–236, §§ 137, 180(b), which identically directed amendment of subsec. (c) by inserting before the period “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”, were executed by making the insertion before the semicolon at end to reflect the probable intent of Congress. Subsecs. (l), (m). Pub. L. 103–236, § 162(k)(4), redesignated subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts as (m). 1991—Subsec. (l). Pub. L. 102–138 added subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts. Pub. L. 102–20 added subsec. (l) relating to purchase of special purpose passenger motor vehicles. 1990—Subsecs. (i) to (k). Pub. L. 101–246 added subsecs. (i) to (k). 1985—Pub. L. 99–93, § 114, in provision preceding subsec. (a) substituted “may use funds appropriated or otherwise available to the Secretary to” for “, when funds are appropriated therefor, may”. Subsec. (c). Pub. L. 99–93, § 118(a), inserted “for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad)”. 1984—Subsec. (c). Pub. L. 98–533, § 303(a)(1), substituted “individuals or organizations” for “aliens” after “employ”, and “, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government”. Subsecs. (g), (h). Pub. L. 98–533, § 303(a)(2), added subsecs. (g) and (h). 1962—Subsec. (b). Pub. L. 87–565 added subsec. (b). A prior subsec. (b) was repealed by section 511(a)(2) of Pub. L. 86–707. 1960—Subsec. (a). Pub. L. 86–624 substituted “the States of the United States and the District of Columbia” for “the continental United States”. Subsec. (b). Pub. L. 86–707 repealed subsec. (b) which authorized the Secretary to pay the cost of transportation to and from a place of storage and the cost of storing the furniture and household and personal effects of an employee who is assigned to a post at which he is unable to use his furniture and effects, and is now covered by section 1136(4) of this title.

Statutory Notes and Related Subsidiaries

Change of Name

“Federal Acquisition Service” substituted for “Federal Supply Service” in subsec. (h) on authority of section 2(c)(1) of Pub. L. 109–313, set out as a note under section 303 of Title 40, Public Buildings, Property, and Works.

Effective Date

of 1994 AmendmentAmendment by section 162(k)(4) of Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders,

Regulations

, or departmental directives implementing the

Amendments

by section 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

Effective Date

of 1985 Amendment Pub. L. 99–93, title I, § 118(b), Aug. 16, 1985, 99 Stat. 412, provided that: “Authority provided by the amendment made by subsection (a) [amending this section] shall only apply with respect to funds appropriated after the date of the enactment of this Act [Aug. 16, 1985].” References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Summary

Title 22, §2669

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Effective Date

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Regulations

Amendments

Effective Date

Citations & Metadata