Sidor som bilder
PDF
ePub

ctuations in fons under that appe to the needs of the

(2) 45 In carrying out this subsection, there may be established a Buying Power Maintenance account.

(3) 45 In order to eliminate substantial gains to the approved leyels of overseas operations for the United States Information Agency, the Director shall transfer to the Buying Power Maintenance account such amounts appropriated for “Salaries and Expenses" as the Director determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.

(4) 45 In order to offset adverse fluctuations in foreign currency exchange rates or foreign wages and prices, the Director may transfer from the Buying Power Maintenance account to the "Salaries and Expenses" appropriations account such amounts as the Director determines are necessary to maintain the approved level of operations under that appropriation account.

(5) 45 Funds transferred by the Director from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Director from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended.

(6) 45 Any restriction contained in an appropriation Act or other provision of law limiting the amounts that may be obligated or expended by the United States Information Agency shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.

(7) 45 (A) Subject to the limitations contained in this paragraph, not later than the end of the 5th fiscal year after the fiscal year for which funds are appropriated or otherwise made available for the "Salaries and Expenses" account, the Director may transfer any unobligated balance of such funds to the Buying Power Maintenance account.

(B) The balance of the Buying Power Maintenance account may not exceed $50,000,000 as a result of any transfer under this paragraph.48

(C) Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 705 and shall be available for obligation or expenditure only in accordance with the procedures under such section.

48 Title III, chapter 2 of Public Law 103–211 (108 Stat. 27), rescinding certain budget authority, provided the following:

"DEPARTMENT OF STATE
"ADMINISTRATION OF FOREIGN AFFAIRS
"BUYING POWER MAINTENANCE

"CRESCISSION)
of the balances in the Buying Power Maintenance account, 88,800,000 are rescinded.".

(D) The authorities contained in this section may only be exercised to such an extent and in such amounts as specifically provided in advance in appropriation Acts.

SEC. 705.49 (a) Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of a proposed reprogramming, funds appropriated for the United States Information Agency shall not be available for obligation or expenditure through any such reprogramming of funds

(1) which creates new programs;
(2) which eliminates a program, project, or activity;

(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress;

(4) which relocates an office or employees;
(5) which reorganizes offices, programs, or activities;

(6) which involves contracting out functions which had been performed by Federal employees; or

(7) which involves a reprogramming in excess of $500,000 50 or 10 percent, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 percent or more the funding for any existing program, project, or activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects

approved by the Congress. (b) In addition, the United States Information Agency may award program grants 51 only if the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of the proposed grant.

(c) Funds appropriated for the United States Information Agency may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period.

1922 U.S.C. 1477c. Sec. 214 of Public Law 98–164 (97 Stat. 1035) added sec. 705(a) and (b). Subsec. (c) was added by sec. 202(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1372).

60 Sec. 202 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), struck out "$250,000" and inserted in lieu thereof "$500,000".

61 Sec. 202(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 101 Stat. 1372), struck out "for the fiscal years 1986 and 1987" at this point. That phrase was inserted in lieu of the original which read "for the fiscal years 1984 and 1985" by sec. 214 of Public Law 99-93 (99 Stat. 405).

TITLZ TII—ADMINISTRATE PRECEITEES

HE SECRETARY 52

Sec. 301.52 In carrying out the purposes f his Be Seeretary 52 is authorized, in addition to and not in imitaccon ze authorty otherwise vested in 1

11. In A carrying out tie II of his Act. so make pants of money, services, or materials to State and local governmencai institutions in the United States, to governmental instantans in other countries, and to individua.s and public or prvace nonprofit organizations both in the Cnited States and in acker countries;

(2) to furnish, sell, or rent, by contract or otherwise, educationai and information materials and equipment for dissemination to, or use by, peopies of foreign countries,

13,56 whenever necessary in carrying out titie V of this Act to purchase, rent, construct, improve, maintain, and operate facilities for radio and television 57 transmission and recepcion, including the leasing of associated real property (either within or outside the United States, for periods not to exceed forty years, 58 or for longer periods if provided for by an appropriation Act, and the alteration, improvement, and repair of such property, without regard to section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), and any such real property or interests therein which are outside the United States may be acquired without regard to section 355 of the Revised Statutes of the United States (40 U.S.C. 255) if the sufficiency of the title to such real property or interests therein is approved by the Director of the United States Information Agency; 44

(4) to provide for printing and binding outside the continental limits of the United States, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111);

82 Pursuant to sec. 7(aX1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of Slate, the Director of the United States Infor. mation Agency, and the United States Information Agency by this Act were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority.

- 22 U.S.C. 1471.
* "In" in original; should read "n".

** The words 'within the limitation of such appropriations as the Congress may provide," which previously appeared at this point, were struck out by sec. 204(a) of the ICA Authorization Act, Fiscal Year 1980 and 1981 (Public law 96-60; 93 Slat. 400).

sa Paragraph (3) was amended and restated by sec. 203(e) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 399). The substantive change made by this amendment involved the addition of the words beginning with "and the alteration, improvement ..** through the end of the paragraph.

67 Sec. 203 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 106 Slat. 62), inserted "and television" arer "Tadio".

58 Sec. 205 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat 1331), inserted "forty years" in lieu of "twenty-five years". Sec. 217 of Public Law 98164 (97 Slat. 1036) had previously substituted twenty-five years in lieu of ten years.

(5) 59 to employ persons on a temporary basis without regard to the civil service and classification laws, when such employment is provided for by the pertinent appropriation Act; 60

(6)61 to create with the approval of the Commission on Information and the Commission on Educational Exchange,62 such advisory committees as the Secretary 52 may decide to be of assistance in formulating his policies for carrying out the purposes of this Act. No Committee member shall be allowed any salary or other compensation for services; but he may be paid his transportation and other expenses, as authorized by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73 b-2); and 60

(7) 60 notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for Agency facilities not physically located together with Department of State facilities abroad.

GOVERNMENT AGENCIES SEC. 802.63 (a) In carrying on activities which further the purposes of this Act, subject to approval of such activities by the Secretary,52 the Department and the other Government agencies are authorized

(1) to place orders and make purchases and rentals of materials and equipment;

(2) to make contracts, including contracts with governmental agencies, foreign or domestic, including subdivisions thereof, and intergovernmental organizations of which the United States is a member, and, with respect to contracts entered into in foreign countries, without regard to section 3741 of the Revised Statutes (41 U.S.C. 22);

(3) under such regulations as the Secretary 52 may prescribe, to pay the transportation expenses, and not to exceed $10 per diem in lieu of subsistence and other expenses, of citizens or subjects of other countries, without regard to the Standardized Government Travel Regulations and the Subsistence Act of 1926, as amended; and

(4) to make grants for, and to pay expenses incident to, training and study. (b) 63 (1) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when

© Paragraph (5) was amended and restated by sec. 203(bX1) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 398). Formerly, par. (5) also provided for the employment of aliens within the United States for positions relating to translation or narration of colloquial speech in foreign languages when suitably qualified U.S. citizens were not available.

eo Sec. 222 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 421), amended sec. 801 by striking "and" at the end of para. (5); striking a period at the end of para. (6), and inserting instead “; and"; and adding a new para. (7). 01 Para. (6) was amended by sec. 11 of Public Law 87-139 (75 Stat. 341).

Pursuant to sec. 8 of Reorganization Plan No. 2 of 1977, the functions vested in these two commissions were transferred to a newly created United States Advisory Commission on International Communication, Cultural and Educational Alairs (in 1979, such new Commission was redesignated as the United States Advisory Commission on Public Diplomacy).

* 22 U.S.C. 1472. Sec. 302(b) of Public Law 97-241 (96 Stat. 292) added the subsection designation "ay" and a new subsec. (b).

(A) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and

(B) the Director of the United States Information Agency determines that,

(i) the need of the Government for the property or seryice being acquired over the period of the contract is reasonably firm and continuing;

(ü) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and

(iii) such method of contracting will not inhibit small

business participation. (2) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.

(3) This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.

(4) 64 (A) Notwithstanding the other provisions of this subsection, the United States Information Agency is authorized to enter into contracts for periods not to exceed 7 years for circuit capacity to distribute radio and television programs.

(B) The authority of this paragraph may be exercised for a fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.

MEINUM USE OF EXISTING GOVERNMENT PROPERTY AND FACILITIES

Sec. 803.65 In carrying on activities under this Act which require the utilization of Government property and facilities, maximum use shall be made of existing Government property and facilities.

BASIC AUTHORITY TU 14.06 In carrying out the provisions of this Act, the Sec

or any Government agency authorized to administer such s may

t Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public

Sot 423) added para. (4).

[ocr errors]

Se $114 was added by Public Law 92-352 (86 Stat. 389).
N u n Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law

US.C. 1474 note), provided the following:
**VT AUTHORITY.
his this weeken d s and 1995, the Director of the United States Information Agency may.

* N **ons of the United States Information and Educational Exchange Act wenn als or onganizations by contract for services to be performed in the Unit

wala wa she'l not, by virtue of such employment, be considered to be employees oorheen

ment for the purposes of any law administered by the Olhice or Per Puikia man

w that the Director may determine the applicability to such individ

N

« FöregåendeFortsätt »