PRIA, Government Policy, Made Personal

Summary

The Secretary of State can set up, help pay for, and let civilian U.S. staff run non‑government services and facilities at U.S. posts overseas. The Secretary may use rules from the Foreign Service Buildings Act of 1926 and section 2684 to do this. In emergencies, the Secretary can run temporary commissary or mess services; users must reimburse at not less than cost, the money may be used as working funds, and an amount equal to what was spent must be sent to the Treasury as miscellaneous receipts. Services should be available, when practical, to employees of all U.S. agencies and their dependents in the area and, in special cases, to U.S. citizens hired abroad as teachers. Agencies should avoid duplicating similar services, and charges must be the same for all civilian personnel. The Secretary may also give grants to child care centers in Moscow and up to five other posts when extraordinary needs exist. In deciding, the Secretary must consider if spouses are encouraged to work because post size is capped by the host country and no local Foreign Service nationals are hired, and whether local child care is available.

Title 22, §2703

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Non-Government-operated services; applicability of other provisions of law

The Secretary of State may authorize and assist in the establishment, maintenance, and operation by civilian officers and employees of the Government of non-Government-operated services and facilities at posts abroad, including the furnishing of space, utilities, and properties owned or leased by the Government for use by its diplomatic, consular, and other missions and posts abroad. The provisions of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292–300) and section 2684 of this title may be utilized by the Secretary in providing such assistance.

(b)Emergency commissary and mess services

The Secretary may establish and maintain emergency commissary or mess services in places abroad where, in the judgment of the Secretary, such services are necessary temporarily to insure the effective and efficient performance of official duties and responsibilities. Reimbursements incident to the maintenance and operation of commissary or mess service under this subsection shall be at not less than cost as determined by the Secretary and shall be used as working funds, except that an amount equal to the amount expended for such services shall be covered into the Treasury as miscellaneous receipts.

(c)Availability; duplication of facilities and services

Services and facilities established under this section shall be made available, insofar as practicable, to officers and employees of all agencies and their dependents who are stationed in the locality abroad, and, where determined by the Secretary to be appropriate due to exceptional circumstances, to United States citizens hired outside of the host country to serve as teaching staff for such dependents abroad. Such services and facilities shall not be established in localities where another agency operates similar services or facilities unless the Secretary determines that additional services or facilities are necessary. Other agencies shall to the extent practicable avoid duplicating the facilities and services provided or assisted by the Secretary under this section.

(d)Charges

Charges at any post abroad for a service or facility provided, authorized or assisted under this section shall be at the same rate for all civilian personnel of the Government serviced thereby, and all charges for supplies furnished to such a service or facility abroad by any agency shall be at the same rate as that charged by the furnishing agency to its comparable civilian services and facilities.

(e)Child care facilities

The Secretary of State may make grants to child care facilities, to offset in part the cost of such care, in Moscow and at no more than five other posts abroad where the Secretary determines that due to extraordinary circumstances such facilities are necessary to the efficient operation of the post. In making that determination, the Secretary shall take into account factors such as—

(1)whether Foreign Service spouses are encouraged to work at the post because—

(A)the number of members of the post is subject to a ceiling imposed by the receiving country; and

(B)Foreign Service nationals are not employed at the post; and

(2)whether local child care is available.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Service Buildings Act, 1926, referred to in subsec. (a), is act May 7, 1926, ch. 250, 44 Stat. 403, which is classified generally to chapter 8 (§ 292 et seq.) of this title. For complete classification of this Act to the Code, see section 299 of this title and Tables.

Amendments

1994—Subsec. (e). Pub. L. 103–236 substituted “The” for “For the fiscal years 1992 and 1993, the” in introductory provisions. 1991—Subsec. (c). Pub. L. 102–138, § 144, inserted before period at end of first sentence “, and, where determined by the Secretary to be appropriate due to exceptional circumstances, to United States citizens hired outside of the host country to serve as teaching staff for such dependents abroad”. Subsec. (e). Pub. L. 102–138, § 121, substituted “1992 and 1993” for “1990 and 1991” in introductory provisions. 1990—Subsec. (e). Pub. L. 101–246 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

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. Authority To Provide Accommodation and Subsistence to Individuals Serving in Iraq and Afghanistan Pub. L. 109–234, title I, § 1602(e), June 15, 2006, 120 Stat. 442, provided that: “The Secretary of State may provide during any fiscal year, with or without reimbursement, accommodation and subsistence to personnel in Iraq and Afghanistan for whom the Chief of Mission is responsible.”

§2703 Services and Facilities for Employees at Posts Abroad