
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
