TITLE VIII-ADMINISTRATIVE PROCEDURES

THE SECRETARY

Sec. 801.43 In carrying out the purposes of this Act, the Secretary 44 is authorized, in addition to and not in limitation of the authority otherwise vested in him—

(1) in carrying out title II of this Act,44 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) 45 whenever necessary in carrying out title V of this Act, to purchase, rent, construct, improve, maintain, and operate facilities for radio transmission and reception, including the leasing of associated real property (either within or outside the United States) for periods not to exceed forty,46 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 International Communication Agency; 38

(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);

(5) 47 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; and

(6) 48 to create with the approval of the Commission on Information and the Commission on Educational Exchange,49 such

43 22 U.S.C. 1471.

44 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).

45 Par. (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.

46 Sec. 205 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331) substituted 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.

47 Par. (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.

48 Par. (6) was amended by sec. 11 of Public Law 87-139, approved Aug. 14, 1961 (75 Stat. 341). 49 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 Inter

Continued

advisory committees as the Secretary 19 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).

GOVERNMENT AGENCIES

Sec. 802.50 (a) In carrying on activities which further the purposes of this Act, subject to approval of such activities by the Secretary, 19 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 43 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) 50 (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

(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

national Communication, Cultural and Educational Affairs (in 1979, such new Commission was redesignated as the United States Advisory Commission on Public Diplomacy).

50 22 U.S.C. 1472. Sec. 302(b) of Public Law 97-241 (96 Stat. 292) added the subsection designation "(a)" and a new subsec. (b).

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.

MAXIMUM USE OF EXISTING GOVERNMENT PROPERTY AND FACILITIES

Sec. 803.51 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

Sec. 804.52 In carrying out the provisions of this Act, the Secretary, 19 or any Government agency authorized to administer such provisions, may

(1) 53 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, 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 International Communication Agency 53 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 54 or such agency in foreign countries, and pay the expenses incident thereto;

51 22 U.S.C. 1473.

52 22 U.S.C. 1474. Sec. 804 was added by Public Law 92-352 (86 Stat. 389).

53 Par. (1) was amended and restated by sec. 203(b)(2) 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.

54 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 Information 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 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

Continued

(5) notwithstanding the provisions of section 2680k) 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) 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 Act;

(10) rent or lease, for periods not exceeding ten years, $5 office buildings, grounds, and living quarters abroad for employees carrying out this Act, 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, United States Code, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary; 56

(14) 56 purchase uniforms;

(15) 57 hire passenger motor vehicles;

(16) 58 purchase passenger motor vehicles for use abroad, and right-hand drive and security 58 vehicles may be so purchased without regard to any maximum price limitation established by law;

(17) 57 procure services of experts and consultants in accordance with section 3109 of title 5 of the United States Code; (18) 57 make advances of funds;

(19) 57 notwithstanding section 5946 of title 5 of the United States Code, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; and

(20) 59 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.

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.

$5 This period was changed from five years to ten years by sec. 204(b)(1) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

56 Par. (14) was added by sec. 203 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350). Par. (14) was further amended when sec. 204(b)(3) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400) struck out the words "when funds are appropriated therefor" at the end of the paragraph.

57 Pars. (15) through (19) were added by sec. 204(bX4) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

58 The words "and security" were added by sec. 302(c) of Public Law 97-241 (96 Stat. 293). 59 Par. (20) was added by sec. 304(d) of Public Law 97-241 (96 Stat. 293).

TRAVEL EXPENSES

Sec. 805.60 Appropriated funds made available for any fiscal year to the Secretary 60 or any Government agency, to carry out the provisions of this Act, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such expenses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.

REPLACEMENT OF PASSENGER MOTOR VEHICLES

Sec. 806.61 The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall be 62 available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949.

SEAL OF THE INTERNATIONAL COMMUNICATION AGENCY

Sec. 807.63 The seal of the International Communication Agency shall be the arms and crest of the United States, encircled by the words "International Communication Agency". Judicial notice shall be taken of the seal.

ACTING ASSOCIATE DIRECTORS

Sec. 808.64 If an Associate Director of the United States Information Agency dies, resigns, or is sick or absent, the Associate Director's principal assistant shall perform the duties of the office until a successor is appointed or the absence or sickness stops.

COMPENSATION FOR DISABILITY OR DEATH

Sec. 809.65 A cultural exchange, international fair or exposition, or other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall not be considered a "public work" as that term is defined in

60 22 U.S.C. 1475. Sec. 805 was added by sec. 202 of Public Law 92-352 (86 Stat. 494).

61 22 U.S.C. 1475a. Sec. 806 was added by sec. 204 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).

62 The words "shall be" were substituted in lieu of the words "are authorized to be made" by sec. 204(c) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

63 22 U.S.C. 1475b. Sec. 807 was added by sec. 204(c) of Public Law 95-426 (92 Stat. 974). Sec. 303 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.

64 22 U.S.C. 1475c. Sec. 808 was added by sec. 304(e) of Public Law 97-241 (96 Stat. 293). 65 22 U.S.C. 1475d. Sec. 809 was added by sec. 304(e) of Public Law 97-241 (96 Stat. 293).