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(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.

49 22 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).

50 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".

51 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 Bec. 214 of Public Law 99-93 (99 Stat. 405).

TITLE VIII-ADMINISTRATIVE PROCEDURES

THE SECRETARY 52

SEC. 801.53 In carrying out the purposes of this Act, the Secretary 52 is authorized, in addition to and not in limitation of the authority otherwise vested in him

(1) In 54 carrying out title II of this Act,55 to make grants of money, services, or materials to State and local governmental institutions in the United States, to governmental institutions in other countries, and to individuals and public or private nonprofit organizations both in the United States and in other countries;

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

(3)56 whenever necessary in carrying out title V of this Act, to purchase, rent, construct, improve, maintain, and operate facilities for radio and television 57 transmission and reception, 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);

52 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, 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.

63 22 U.S.C. 1471.

54 "In" in original; should read "in".

56 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 Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

56 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.

57 Sec. 203 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), inserted "and television" after "radio".

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 98-164 (97 Stat. 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(b)(1) 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.

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). 61 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 Affairs (in 1979, such new Commission was redesignated as the United States Advisory Commission on Public Diplomacy).

6322 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 service being acquired over the period of the contract is reasonably firm and continuing;

(ii) 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.

MAXIMUM 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

Soc. 804.66 In carrying out the provisions of this Act, the Secor any Government agency authorized to administer such

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the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Stat. 423), added para. (4).

Soc. 804 was added by Public Law 92-352 (86 Stat. 389).

the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 42 22 U.S.C. 1474 note), provided the following:

NOT AUTHORITY.

4 and 1995, the Director of the United States Information Agency may, the visions of the United States Information and Educational Exchange Act spas chuvasis or organizations by contract for services to be performed in the Unit who shall not, by virtue of such employment, be considered to be employees Cangement for the purposes of any law administered by the Office of Perbok ng kapag Y that the Director may determine the applicability to such individ*****NA à chai Ac".

(1)67 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,68 and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency 69 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 Secretary 70 or such agency in foreign countries, and pay the expenses incident thereto;

(5) notwithstanding the provisions of section 2680(k) of title 28, United States Code, 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 Act;

(6) employ aliens by contract for services abroad;
(7) provide ice and drinking water abroad;

(8) pay excise taxes on negotiable instruments abroad;
(9)71 pay to or for individuals, not United States Govern-
ment employees, participating in activities conducted under
this Act, the costs of emergency medical expenses, preparation
and transport to their former homes of the remains of such

67 Paragraph (1) was amended and restated by sec. 203(bX2)_ of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 398). Formerly, par. (1) also included a requirement that such aliens must be investigated pursuant to procedures established by the Secretary or the agency and the Attorney General before they could be employed.

68 Sec. 207 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 53), added "when job vacancies occur".

"United States Information Agency" was substituted for "International Communication Agency" pursuant to sec. 303(b) of Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided that: "Any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the International Communication Agency or the Director or other official of the International Communication Agency shall be deemed to refer respectively to the United States Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a).". 70 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, 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.

Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) redesignated the International Communication Agency as the United States Information Agency and stated that any reference to the International Communication Agency in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding, shall be deemed to be a reference to the United States Information Agency. Sec. 303 also stated that references to the Director or other official of the International Communication Agency shall be deemed to refer to the Director or other official of the United States Information Agency.

71 Sec. 205 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), amended and restated par. (9).

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