22 U.S.C. § 1474
Section 1474 · Additional authority of Secretary of State or other Government agency authorized to administer provisions
Amended 7 times on record
Applied in 17 court decisions — leading case Grosdidier v. Broadcasting Board of Governors (2013)
Most recently applied in Jane Malloy v. Department of State (May 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In carrying out the provisions of this chapter, the Director, or any Government agency authorized to administer such provisions, may—
(1) employ, without regard to the civil service and classification laws, aliens within the United States and abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages or the preparation and production of foreign language programs when suitably qualified United States citizens are not available when job vacancies occur, and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 1101(a)(15) of title 8 for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency and the Attorney General;
(2) pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;
(3) incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;
(4) obtain insurance on official motor vehicles operated by the Director or such agency in foreign countries, and pay the expenses incident thereto;
(5) notwithstanding the provisions of section 2680(k) of title 28, pay tort claims in the manner authorized in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this chapter;
(6) employ aliens by contract for services abroad;
(7) provide ice and drinking water abroad;
(8) pay excise taxes on negotiable instruments abroad;
(9) pay to or for individuals, not United States Government employees, participating in activities conducted under this chapter, the costs of emergency medical expenses, preparation and transport to their former homes of the remains of such participants or their dependents who die while away from their homes during such participation, and health and accident insurance premiums for participants or health and accident benefits for participants by means of a program of self-insurance;
(10) rent or lease, for periods not exceeding ten years, offices, buildings, grounds, and living quarters abroad for employees carrying out this chapter, and make payments therefor in advance;
(11) maintain, improve, and repair properties used for information activities in foreign countries;
(12) furnish fuel and utilities for Government-owned or leased property abroad;
(13) pay travel expenses of employees attending official international conferences, without regard to sections 5701–5708 of title 5, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Director;
(14) purchase uniforms;
(15) hire passenger motor vehicles;
(16) purchase passenger motor vehicles for use abroad, and right-hand drive and security vehicles may be so purchased without regard to any maximum price limitation established by law;
(17) procure services of experts and consultants in accordance with section 3109 of title 5;
(18) make advances of funds;
(19) notwithstanding section 5946 of title 5, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others;
(20) subject to the availability of appropriated funds, purchase motion picture, radio and television producers’ liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property;
(21) incur expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
(22) furnish living quarters as authorized by section 5912 of title 5; and
(23) provide allowances as authorized by sections 5921 through 5928 of title 5.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The civil service laws, referred to in par. (1), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.
The classification laws, referred to in par. (1), are classified generally to chapter 51 (§5101 et seq.) and to subchapter III (§5331 et seq.) of chapter 53 of Title 5.
The Foreign Service Act of 1980, referred to in par. (21), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
Amendments
1991—Par. (9). Pub. L. 102–138, §205, amended par. (9) generally. Prior to amendment, par. (9) read as follows: “pay the actual expenses of preparing and transporting to their former homes the remains of persons, not United States Government employees, who may die away from their homes while participating in activities conducted under this chapter;”.
Pars. (21) to (23). Pub. L. 102–138, §204, added pars. (21) to (23).
1990—Par. (1). Pub. L. 101–246 inserted “when job vacancies occur” after “available”.
1982—Par. (16). Pub. L. 97–241, §304(c), inserted “and security” after “right-hand drive”.
Par. (20). Pub. L. 97–241, §304(d), added par. (20).
1979—Par. (1). Pub. L. 96–60, §203(b)(2), authorized employment of aliens within the United States, previously covered in section 1471(5) of this title, extended services to include preparation and production of foreign language programs, and eliminated investigation-of-alien-employees requirement.
Par. (10). Pub. L. 96–60, §204(b)(1), substituted “ten” for “five” years.
Par. (14). Pub. L. 96–60, §204(b)(3), substituted a semicolon for “, when funds are appropriated therefor.”.
Pars. (15) to (19). Pub. L. 96–60, §204(b)(4), added pars. (15) to (19).
1976—Par. (14). Pub. L. 94–350 added par. (14).
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–60 effective Oct. 1, 1979, and applicable only with respect to funds appropriated after Aug. 15, 1979, where new authorities provide for expenditure of appropriated funds, see section 209 of Pub. L. 96–60, set out as an Effective Date note under section 1469 of this title.
Transfer of Functions
“Director of the United States Information Agency” substituted for “Director of the International Communication Agency” in par. (1) pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title, which redesignated International Communication Agency, and Director thereof, as United States Information Agency, and Director thereof. Previously, “Director” substituted for “Secretary” in text preceding par. (1) and pars. (1), (4) and (13), pursuant to Reorg. Plan No. 2 of 1977, §7(a)(1), 42 F.R. 62461, 91 Stat. 1637, set out under section 1461 of this title, which transferred functions vested in President, Secretary of State, Department of State, United States Information Agency, and Director thereof, under this chapter, to Director of International Communication Agency, except to extent that such functions were vested in President under sections 1452, 1456, and 1467 of this title, effective on or before July 1, 1978, at such time as specified by President.
Employment Authority for Fiscal Years 1994 and 1995
Pub. L. 103–236, title II, §223, Apr. 30, 1994, 108 Stat. 422, provided that: “For fiscal years 1994 and 1995, the Director of the United States Information Agency may, in carrying out the provisions of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.], employ individuals or organizations by contract for services to be performed in the United States or abroad, who shall not, by virtue of such employment, be considered to be employees of the United States Government for the purposes of any law administered by the Office of Personnel Management, except that the Director may determine the applicability to such individuals of section 804(5) of that Act [22 U.S.C. 1474(5)].”