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B-124374-O.M. 1 (1956-01-26)

handle is hein.gao/gaobaacst0001 and id is 1 raw text is: 3K B-124374-04 ,- Indorsement JAN 261956 Director of Audits, Returned, together with a copy of our letter of August 25. 195. to the Director, United States Information Agency, and copy of his letter dated September. 29, 1955. The basic authority of the USIA is co ed in Public Law 40.. OM Cope.., 62 Stat. 6 (22 U.S.C. l31 as ta*l)as .e1 by Reorganisation Plan No. 8 of August 1., 1;3- 2 .S.C. lh61 note). It appears that the Agemy's overseas 3ibrariesp information cetors., bqpk distribution programs are operated under sections 2O. W61 ints 9 VV I03,-Itle II of the act, and that wide discretion may be exercised 'W1 Ag eny alirying out its fnctions. Under the prvisions of ffews of Title VIII express authority Is granted .witbhin the *'MIi tion of such appropriations as the Congress may provide, to make grants of soney, services, or materials to State and local orsaznental 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. Section 801(2) provides for the furnishing, selling, renting, by contract or otherwise, of edugational and infor- 3 national materials and equipment for disseina~ps to or ue1by7 peoples of foreign countries, and section lO fr do for the J' L5 utilsation to the maximum extent practicable esi 'and fasilities of private agencies through contractual arrangements :or otherwise. Considered in the light of the. legislative history and the .pro- l.. Visions of the entire actp it appears that it was the purpose and Iatent of Congress to include authority to make graet in obtaining the cooperation,: services and facilities of nonprofit organizations., as Veil as grants constituting contributions or gratuities to the grantees mho are the direct reciplents of the money or other benefits coferred. In the case of.some transactions, the grant instruments or agreements might have all the attributes of Government procurement ontracts; In others formal contractual arrangement might be imprac- ticable, as indicatr in the. Direotor'A letter. 'See: 38 C.J.S. 1066- 1' 1068 also Oral v Mercy Hospital, 45 So. 2d 809, where various meavings of-teZrm grant, are considered. t It..a-so appears that broad discretion. in the choice of methods and media nay be exeretised by VSIA in carrying out Its functions. Xzmiation of the grant agreements submitted discloses that to Jun 1954 certain sums of money were granted to the grantees indisated for the purpose of obtaining their cooperation and .assistance 'i the performance of Agency projects authorized by law. Under the agreemts. provisions are made for payment of the sums granted on the basis of billings to be submitted by the grantees for the expense ....-t.I--

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