US (United States) Code. Title 22. Chapter 18: US (United States) information and educational exchange programs

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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  • País: Estados Unidos Estados Unidos
  • 152 páginas
publicidad

-CITE-

22 USC CHAPTER 18 - UNITED STATES INFORMATION AND

EDUCATIONAL EXCHANGE PROGRAMS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

-HEAD-

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1431. Congressional declaration of objectives.

1432. Information on United States participation in United

Nations.

1433. Definitions.

1434. Repealed.

1435. Delegation of authority by Secretary.

1436. Restriction on disclosure of information.

1437. Utilization of private agencies.

1438. Veterans' preference.

1439 to 1441. Repealed or Omitted.

1442. Informational media guaranties.

(a) Authorization to make.

(b) Assumption of notes issued pursuant to section

1509(c)(2) of this title; advances.

(c) Limitations of time; total of guaranties

outstanding.

(d) Sale of foreign currencies; special account;

availability.

(e) Deposit of fees; availability.

(f) Advance payments.

(g) Separate accounts; transfers.

(h) Appropriations for restoration of realized

impairment to capital; liquidation of notes.

1442a. National security measures.

(a) Restriction.

(b) Definitions.

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

1446. Repealed.

1447. Books and materials.

1448. Assistance to certain institutions abroad founded or

sponsored by United States citizens.

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

1451. Assignment of Government employees to requesting

countries; governing regulations.

1452. Status and allowances of assigned personnel.

1453. Acceptance of office under foreign governments of

assigned personnel; oath of allegiance.

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

1456. Utilization of facilities and personnel of other

Government agencies; reimbursement to agencies;

report to Congress.

1457. Rendition of technical and other services to foreign

governments; limitations.

1458. Policy governing rendition of services.

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

1461. General authorization.

(a) Dissemination of information abroad.

(b) Dissemination of information within United

States.

1461-1. Mission of United States Information Agency.

1461-1a. Ban on domestic activities by United States

Information Agency.

1461a. Omitted.

1461b. Indemnification of owners of short-wave radio

facilities against loss or damage.

1461c. Omitted.

1462. Policies governing information activities.

1463. Repealed.

1464. Voice of America/Europe.

1464a. Broadcasting Board of Governors satellite and

television.

(a) In general.

(b) Broadcast principles.

(c) Programs.

(d) Costs.

(e) Allocation of funds.

1464b. Voice of America hiring practices.

(a) Prohibition.

(b) Exception.

(c) Report.

SUBCHAPTER V-A - RADIO BROADCASTING TO CUBA

1465. Congressional findings and declaration of purposes.

1465a. Additional functions of Broadcasting Board of

Governors.

(a) Radio broadcasting to Cuba.

(b) Broadcasting as part of Voice of America.

(c) Location of broadcast facilities; frequency;

leased time from nongovernmental shortwave

stations.

(d) Changes in frequencies to other AM bands;

jamming and interference.

(e) Voice of America: Cuba Service; Voice of

America: Radio Marti program.

(f) Use of other facilities.

1465b. Cuba Service.

1465c. Advisory Board for Cuba Broadcasting.

(a) Establishment; membership; chairperson.

(b) Review; recommendations.

(c) Terms; vacancies.

(d) Ex officio members.

(e) Compensation; travel expenses.

(f) Procurement powers of Advisory Board.

(g) Indefinite life span of Advisory Board.

(h) Authorization of appropriations.

1465d. Assistance from other government agencies.

1465e. Compensation for Cuban interference with broadcasting

in United States.

(a) Interim assistance to United States

broadcasters.

(b) Money payments pursuant to authority from

Federal Communications Commission.

(c) Regulations and procedures.

(d) Authorization of appropriations.

(e) Four-year availability for appropriated funds.

(f) Presidential task force.

(g) Effective date.

1465f. Authorization of appropriations.

1465g. Repealed.

SUBCHAPTER V-B - TELEVISION BROADCASTING TO CUBA

1465aa. Findings and purposes.

1465bb. Television broadcasting to Cuba.

(a) Television broadcasting to Cuba.

(b) Voice of America standards.

(c) Television Marti.

(d) Frequency assignment.

(e) Interference with domestic broadcasting.

(f) Monitoring of interference.

(g) Task force.

1465cc. Television Marti Service.

(a) Television Marti Service.

(b) Use of existing facilities of Board.

(c) Authority.

1465dd. Assistance from other Government agencies.

1465ee. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Limitation.

(c) Availability of funds.

1465ff. Definitions.

SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE POLICIES

1466 to 1468. Omitted.

1469. United States Advisory Commission on Public Diplomacy.

(a) Establishment.

(b) Staff.

(c) Duties and responsibilities.

(d) Limitation on authority.

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

1471. Authority of Secretary of State.

1472. Department of State and other Government agencies.

(a) Authority of agencies.

(b) Contracts for telecommunication activities,

etc.; availability of appropriations;

cancellation costs.

1473. Use of existing Government property and facilities.

1474. Additional authority of Secretary of State or other

Government agency authorized to administer

provisions.

1475. Travel expenses.

1475a. Replacement of passenger motor vehicles.

1475b, 1475c. Repealed.

1475d. Compensation for disability or death.

1475e. Use of English-teaching program fees.

(a) In general.

(b) Fees and receipts described.

1475f. Repealed.

1475g. Overseas public diplomacy posts and personnel

overseas.

(a) Limitation.

(b) Notification.

(c) Exceptions.

1475h. Overseas public diplomacy grants.

(a) Competitive grant procedures.

(b) Exceptions.

(c) Compliance with grant guidelines.

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

1476. Repealed.

1477. Transfer of funds.

1477a, 1477b. Omitted or Repealed.

1477c. Notification and award of grants.

1478. Reimbursement of program expenses from sources other

than appropriations; disposition of receipts.

1479. Advancement of funds, property, or services by foreign

governments; disposition; availability; return of

unexpended balances or property.

1480. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2054, 2056, 2275, 2458,

2681, 6204 of this title.

-End-

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22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

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22 USC Sec. 1431 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431. Congressional declaration of objectives

-STATUTE-

The Congress declares that the objectives of this chapter are to

enable the Government of the United States to promote a better

understanding of the United States in other countries, and to

increase mutual understanding between the people of the United

States and the people of other countries. Among the means to be

used in achieving these objectives are -

(1) an information service to disseminate abroad information

about the United States, its people, and policies promulgated by

the Congress, the President, the Secretary of State and other

responsible officials of Government having to do with matters

affecting foreign affairs;

(2) Repealed. Pub. L. 87-256, Sec. 111(a)(2), Sept. 21, 1961,

75 Stat. 538.

-SOURCE-

(Jan. 27, 1948, ch. 36, title I, Sec. 2, 62 Stat. 6; Pub. L.

87-256, Sec. 111(a)(2), Sept. 21, 1961, 75 Stat. 538.)

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-256 repealed par. (2) which authorized an

educational exchange service to cooperate with other nations in the

interchange of persons, knowledge, and skills, in the rendering of

technical and other services, and in the interchange of

developments in the field of education, the arts, and sciences. See

section 2451 et seq. of this title.

TERMINATION OF CHAPTER

Section 1006 of act Jan. 27, 1948, provided that: "The authority

granted under this Act [this chapter] shall terminate whenever such

termination is directed by concurrent resolution of the two Houses

of the Congress."

SHORT TITLE OF 1983 AMENDMENT

For short title of Pub. L. 98-111, which enacted subchapter V-A

of this chapter, as the "Radio Broadcasting to Cuba Act", see

section 1 of Pub. L. 98-111, set out as a Short Title note under

section 1465 of this title.

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-168, Sec. 1, Nov. 29, 1973, 87 Stat. 688, provided:

"That this Act [amending former section 1476 of this title] may be

cited as the 'United States Information Agency Appropriations

Authorization Act of 1973'."

SHORT TITLE

Section 1 of act Jan. 27, 1948, provided that: "This Act

[enacting this chapter] may be cited as the 'United States

Information and Educational Exchange Act of 1948'."

SEPARABILITY

Section 1010 of act Jan. 27, 1948, provided that: "If any

provision of this Act [enacting this chapter] or the application of

any such provision to any person or circumstance shall be held

invalid, the validity of the remainder of the Act [this chapter]

and the applicability of such provision to other persons or

circumstances shall not be affected thereby."

-TRANS-

TRANSFER OF FUNCTIONS

All functions vested in the President, the Secretary of State,

the Department of State, the United States Information Agency, or

the Director thereof, under this chapter, were transferred to the

Director of the International Communication Agency by Reorg. Plan

No. 2 of 1977, Sec. 7(a)(1), 42 F.R. 62461, 91 Stat. 1637, set out

under section 1461 of this title, effective on or before July 1,

1978, at such time as specified by the President, except to the

extent that such functions were vested in the President under

sections 1452, 1456, and 1467 of this title. The International

Communication Agency, and the Director thereof, were redesignated

the United States Information Agency, and the Director thereof, by

section 303 of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat.

291, set out as a note under section 1461 of this title. United

States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-MISC2-

CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,

DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER

ACTIONS

Continuation in full force and effect, and applicability to the

appropriate provisions of the Mutual Educational and Cultural

Exchange Act of 1961, set out as section 2451 et seq. of this

title, until modified or superseded by appropriate authority, of

all Executive orders, agreements, determinations, regulations,

contracts, appointments, and other actions issued, concluded, or

taken under authority of this section, see section 111(b) of Pub.

L. 87-256, set out as a note under section 2451 of this title.

-End-

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22 USC Sec. 1432 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1432. Information on United States participation in United

Nations

-STATUTE-

In carrying out the objectives of this chapter, information

concerning the participation of the United States in the United

Nations, its organizations and functions, shall be emphasized.

-SOURCE-

(Jan. 27, 1948, ch. 36, title I, Sec. 3, 62 Stat. 6.)

-End-

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22 USC Sec. 1433 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433. Definitions

-STATUTE-

When used in this chapter, the term -

(1) "Secretary" means the Secretary of State.

(2) "Department" means the Department of State.

(3) "Government agency" means any executive department, board,

bureau, commission, or other agency of the Federal Government, or

independent establishment, or any corporation wholly owned

(either directly or through one or more corporations) by the

United States.

-SOURCE-

(Jan. 27, 1948, ch. 36, title I, Sec. 4, 62 Stat. 6.)

-End-

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22 USC Sec. 1434 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1434. Repealed. Pub. L. 96-60, title II, Sec. 203(a)(1), Aug.

15, 1979, 93 Stat. 398

-MISC1-

Section, acts Jan. 27, 1948, ch. 36, title X, Sec. 1001, 62 Stat.

13; Apr. 5, 1952, ch. 159, Sec. 1, 66 Stat. 43; 1977 Reorg. Plan

No. 2, Sec. 7(a)(1), 42 F.R. 62461, 91 Stat. 1637; 1978 Reorg. Plan

No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783,

provided for loyalty check of personnel. Pub. L. 87-256, Sec.

111(a)(2), Sept. 21, 1961, 75 Stat. 538, previously repealed this

section insofar as it related to persons employed or assigned to

duties under the Mutual Educational and Cultural Exchange Act of

1961.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1979, see section 209 of Pub. L. 96-60,

set out as an Effective Date of 1979 Amendment note under section

1471 of this title.

-End-

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22 USC Sec. 1435 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1435. Delegation of authority by Secretary

-STATUTE-

The Secretary may delegate, to such officers of the Government as

the Secretary determines to be appropriate, any of the powers

conferred upon him by this chapter to the extent that he finds such

delegation to be in the interest of the purposes expressed in this

chapter and the efficient administration of the programs undertaken

pursuant to this chapter.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1002, 62 Stat. 13.)

-End-

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22 USC Sec. 1436 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1436. Restriction on disclosure of information

-STATUTE-

Nothing in this chapter shall authorize the disclosure of any

information or knowledge in any case in which such disclosure (1)

is prohibited by any other law of the United States, or (2) is

inconsistent with the security of the United States.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1003, 62 Stat. 13.)

-End-

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22 USC Sec. 1437 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1437. Utilization of private agencies

-STATUTE-

In carrying out the provisions of this chapter it shall be the

duty of the Secretary to utilize, to the maximum extent

practicable, the services and facilities of private agencies,

including existing American press, publishing, radio, motion

picture, and other agencies, through contractual arrangements or

otherwise. It is the intent of Congress that the Secretary shall

encourage participation in carrying out the purposes of this

chapter by the maximum number of different private agencies in each

field consistent with the present or potential market for their

services in each country.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1005, 62 Stat. 14.)

-End-

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22 USC Sec. 1438 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1438. Veterans' preference

-STATUTE-

No provision of this chapter shall be construed to modify or to

repeal the provisions of sections 1302(b), (c), 2108, 3305(b),

3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to

3504, 7511, 7512, and 7701 of title 5.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1007, 62 Stat. 14.)

-REFTEXT-

REFERENCES IN TEXT

Section 3306 of title 5, referred to in text, was repealed by

Pub. L. 95-228, Sec. 1, Feb. 10, 1978, 92 Stat. 25.

Section 3319 of title 5, referred to in text, was repealed by

Pub. L. 95-454, title III, Sec. 307(h)(1), Oct. 13, 1978, 92 Stat.

1149.

Section 3364 of title 5, referred to in text, was repealed by

Pub. L. 94-183, Sec. 2(6), Dec. 31, 1975, 89 Stat. 1057.

Sections 7511 and 7512 of title 5, referred to in text, which

related to adverse actions against preference eligible employees

and comprised subchapter II of chapter 75 of Title 5, Government

Organization and Employees, were repealed by Pub. L. 95-454 and

replaced by a new subchapter II (Secs. 7511-7514) of chapter 75

relating to removal, suspension for more than 14 days, reduction in

grade or pay, or furlough for 30 days or less.

-COD-

CODIFICATION

"Sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318,

3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701

of title 5" substituted in text for "the Veterans' Preference Act

of 1944" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-End-

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22 USC Sec. 1439 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1439. Repealed. Pub. L. 96-470, title I, Sec. 117, Oct. 19,

1980, 94 Stat. 2240

-MISC1-

Section, acts Jan. 27, 1948, ch. 36, title X, Sec. 1008, 62 Stat.

14; Sept. 21, 1961, Pub. L. 87-256, Sec. 111(a)(2), 75 Stat. 538;

Oct. 26, 1974, Pub. L. 93-475, Sec. 7, 88 Stat. 1440; 1977 Reorg.

Plan No. 2, Sec. 7(a)(1), 42 F.R. 62461, 91 Stat. 1637, required

the Director to submit annual reports to Congress on expenditures

made and activities carried on under this chapter, including

appraisals and measurements, where feasible, as to the

effectiveness of the several programs in each country where

conducted. Pub. L. 87-256, Sec. 111(9)(2), Sept. 21, 1961, 75 Stat.

538, previously repealed this section insofar as it related to

educational exchange activities. See section 2458(b) of this title.

-End-

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22 USC Sec. 1440 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1440. Repealed. Pub. L. 105-277, div. G, subdiv. A, title

XIII, Sec. 1336(1), Oct. 21, 1998, 112 Stat. 2681-790

-MISC1-

Section, acts Jan. 27, 1948, ch. 36, title X, Sec. 1009, 62 Stat.

14; Pub. L. 87-256, Sec. 111(a)(2), Sept. 21, 1961, 75 Stat. 538,

related to applicability of chapter provisions to similar

international activities of State Department.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

this title.

-End-

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22 USC Sec. 1441 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1441. Omitted

-COD-

CODIFICATION

Section, based on third proviso under subheading "International

Information and Education Activities" under heading "State

Department" of Title I of the Supplemental Appropriation Act, 1950

(approved Oct. 14, 1949, ch. 694, 63 Stat. 878), authorized the

acquisition of land outside the continental United States, and was

not repeated in the Department of State Appropriation Act, 1951

(approved Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 609),

or other appropriation acts.

-End-

-CITE-

22 USC Sec. 1442 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1442. Informational media guaranties

-STATUTE-

(a) Authorization to make

The Director of the United States Information Agency may make

guaranties, in accordance with the provisions of subsection (b) of

section 1933 (!1) of this title, of investments in enterprises

producing or distributing informational media consistent with the

national interests of the United States: Provided, That the purpose

of making informational media guaranties shall be the achievement

of the foreign policy objectives of the United States, including

the objective mentioned in sections 1933(b)(4)(A) (!1) and

1933(b)(4)(G) (!1) of this title.

(b) Assumption of notes issued pursuant to section 1509(c)(2) of

this title; advances

The Director is authorized to assume the obligation of not to

exceed $28,000,000 of the notes authorized to be issued pursuant to

section 1509(c)(2) (!1) of this title, together with the interest

accrued and unpaid thereon, and to obtain advances from time to

time from the Secretary of the Treasury up to such amount, less

amounts previously advanced on such notes, as provided for in said

notes. Such advances shall be deposited in a special account in the

Treasury available for payments under informational media

guaranties.

(c) Limitations of time; total of guaranties outstanding

The Director is authorized to make informational media guaranties

without regard to the limitations of time contained in section

1933(b)(4) (!1) of this title, but the total of such guaranties

outstanding at any one time shall not exceed the sum of the face

amount of the notes assumed by the Director less the amounts

previously advanced on such notes by the Secretary of the Treasury

plus the amount of the funds in the special account referred to in

subsection (b) of this section.

(d) Sale of foreign currencies; special account; availability

Foreign currencies available after June 30, 1955, from

conversions made pursuant to the obligation of informational media

guaranties may be sold, in accordance with Treasury Department

regulations, for dollars which shall be deposited in the special

account and shall be available for payments under new guaranties.

Such currencies shall be available, as may be provided for by the

Congress in appropriation Acts, for use for educational,

scientific, and cultural purposes which are in the national

interest of the United States, and for such other purposes of

mutual interest as may be agreed to by the governments of the

United States and the country from which the currencies derive.

(e) Deposit of fees; availability

Notwithstanding the provisions of section 1933(b)(4)(E) (!1) of

this title, (1) fees collected for the issuance of informational

media guaranties shall be deposited in the special account and

shall be available for payments under informational media

guaranties; and (2) the Director may require the payment of a

minimum charge of up to fifty dollars for issuance of guaranty

contracts, or amendments thereto.

(f) Advance payments

The Director is further authorized, under such terms as he may

prescribe, to make advance payments under informational media

guaranties: Provided, That currencies receivable from holders of

such guaranties on account of such advance payments shall be paid

to the United States within nine months from the date of the

advance payment and that appropriate security to assure such

payments is required before any advance payment is made.

(g) Separate accounts; transfers

As soon as feasible after July 18, 1956, all assets, liabilities,

income, expenses, and charges of whatever kind pertaining to

informational media guaranties, including any charges against the

authority to issue notes provided in section 1509(c)(2) (!1) of

this title, cumulative from April 3, 1948, shall be accounted for

separately from other guaranties issued pursuant to section 1933(b)

(!1) of this title: Provided, That there shall be transferred from

the special account established pursuant to subsection (b) of this

section, into the account available for payments under guaranties

other than the informational media guaranties, an amount equal to

the total of the fees received for the issuance of guaranties other

than informational media guaranties, and used to make payments

under informational media guaranties.

(h) Appropriations for restoration of realized impairment to

capital; liquidation of notes

(1) There is authorized to be appropriated annually an amount to

restore in whole or in part any realized impairment to the capital

used in carrying on the authority to make informational media

guaranties, as provided in subsection (c) of this section, through

the end of the last completed fiscal year.

(2) Such impairment shall consist of the amount by which the

losses incurred and interest accrued on notes exceed the revenue

earned and any previous appropriations made for the restoration of

impairment. Losses shall include the dollar losses on foreign

currencies sold, and the dollar cost of foreign currencies which

(a) the Secretary of the Treasury, after consultation with the

Director, has determined to be unavailable for, or in excess of,

requirements of the United States, or (b) have been transferred to

other accounts without reimbursement to the special account.

(3) Dollars appropriated pursuant to this section shall be

applied to the payment of interest and in satisfaction of notes

issued or assumed hereunder, and to the extent of such application

to the principal of the notes, the Director is authorized to issue

notes to the Secretary of the Treasury which will bear interest at

a rate to be determined by the Secretary of the Treasury, taking

into consideration the current average market yields of outstanding

marketable obligations of the United States having maturities

comparable to the guaranties. The currencies determined to be

unavailable for, or in excess of, requirements of the United States

as provided above shall be transferred to the Secretary of the

Treasury to be held until disposed of, and any dollar proceeds

realized from such disposition shall be deposited in miscellaneous

receipts.

(4) Section 1476(a) of this title (!1) shall not apply with

respect to any amounts appropriated under this section for the

purpose of liquidating the notes (and any accrued interest thereon)

which were assumed in the operation of the informational media

guaranty program under this section and which were outstanding on

August 24, 1982.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1011, as added Aug. 26, 1954,

ch. 937, title V, Sec. 544(a), 68 Stat. 862; amended Aug. 26, 1954,

ch. 937, title V, Sec. 544(g), as added July 18, 1956, ch. 627,

Sec. 11(a), 70 Stat. 563, and amended Pub. L. 85-141, Sec.

11(b)(1), Aug. 14, 1957, 71 Stat. 365; Pub. L. 85-477, ch. V, Sec.

502(i), June 30, 1958, 72 Stat. 274; Pub. L. 86-108, ch. VII, Sec.

701(c), July 24, 1959, 73 Stat. 257; Pub. L. 97-241, title III,

Sec. 304(f), Aug. 24, 1982, 96 Stat. 293.)

-REFTEXT-

REFERENCES IN TEXT

Section 1933 of this title, referred to in subsecs. (a), (c),

(e), and (g), was repealed by Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460. See section 2351 of this

title.

Section 1509 of this title, referred to in subsecs. (b) and (g),

was repealed by act Aug. 26, 1954, ch. 937, title V, Sec.

542(a)(4), (6), (9), (10), (11), 68 Stat. 861. See section 1754 et

seq. of this title.

Section 1476(a) of this title, referred to in subsec. (h)(4), was

repealed by Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(1), Oct. 21, 1998, 112 Stat. 2681-790.

-MISC1-

AMENDMENTS

1982 - Subsec. (h)(4). Pub. L. 97-241, Sec. 304(f), added par.

(4).

1959 - Subsec. (a). Pub. L. 86-108 provided that the purpose of

making informational media guaranties shall be the achievement of

the foreign policy objectives of the United States, including the

objective mentioned in former sections 1933(b)(4)(A) and

1933(b)(4)(G) of this title, now covered by section 2351 of this

title.

1958 - Subsec. (h). Pub. L. 85-477 added subsec. (h).

1956 - Subsec. (a). Act Aug. 26, 1954, Sec. 544(g), as added by

act July 18, 1956, designated as subsec. (a) the entire former

section and amended it to eliminate provisions which permitted the

Director to make guaranties against funds made available by notes

issued pursuant to section 1509(c)(2) of this title and which

limited the amount of such guaranties in any fiscal year to not

more than $10,000,000. Such provisions were covered by subsecs. (b)

to (g) of this section.

Subsecs. (b) to (g). Act Aug. 26, 1954, Sec. 544(g), as added by

act July 18, 1956, added subsecs (b) to (g).

REPEALS

Section 544(a), (g) of act Aug. 26, 1954, cited as a credit to

this section, was repealed by section 11(b)(1) of Pub. L. 85-141,

except in so far as section 544(a), (g) affected this section.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1442a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1442a. National security measures

-STATUTE-

(a) Restriction

In coordination with other appropriate executive branch

officials, the Secretary of State shall take all appropriate steps

to -

(1) prevent any agent of a foreign power from participating in

educational and cultural exchange programs under this chapter;

(2) ensure that no person who is involved in the research,

development, design, testing, evaluation, or production of

missiles or weapons of mass destruction is a participant in any

program of educational or cultural exchange under this chapter if

such person is employed by, or attached to, an entity within a

country that has been identified by any element of the United

States intelligence community (as defined by section 401a(4) of

title 50) within the previous 5 years as having been involved in

the proliferation of missiles or weapons of mass destruction; and

(3) ensure that no person who is involved in the research,

development, design, testing, evaluation, or production of

chemical or biological weapons for offensive purposes is a

participant in any program of educational or cultural exchange

under this chapter.

(b) Definitions

(1) The term "appropriate executive branch officials" means

officials from the elements of the United States Government listed

pursuant to section 101 of the Intelligence Authorization Act for

Fiscal Year 1999 (Public Law 105-272).

(2) The term "agent of a foreign power" has the same meaning as

set forth in section 1801(b)(1)(B) and (b)(2) of title 50, and does

not include any person who acts in the capacity defined under

section 1801(b)(1)(A) of title 50.

-SOURCE-

(Jan. 27, 1948, ch. 36, title X, Sec. 1012, as added Pub. L.

106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec. 403], Nov.

29, 1999, 113 Stat. 1536, 1501A-446.)

-REFTEXT-

REFERENCES IN TEXT

Section 101 of the Intelligence Authorization Act for Fiscal Year

1999, referred to in subsec. (b)(1), is section 101 of Pub. L.

105-272, title I, Oct. 20, 1998, 112 Stat. 2397, which is not

classified to the Code.

-End-

-CITE-

22 USC SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE,

AND SKILLS BETWEEN UNITED

STATES AND FOREIGN COUNTRIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

-HEAD-

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1471 of this title.

-End-

-CITE-

22 USC Sec. 1446 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

-HEAD-

Sec. 1446. Repealed. Pub. L. 87-256, Sec. 111(a)(2), Sept. 21,

1961, 75 Stat. 538

-MISC1-

Section, acts Jan. 27, 1948, ch. 36, title II, Sec. 201, 62 Stat.

7; June 27, 1952, ch. 477, title IV, Sec. 402(f), 66 Stat. 276;

June 4, 1956, ch. 356, 70 Stat. 241, authorized the interchange of

persons on a reciprocal basis between the United States and other

countries, provided for orientation courses, admission as

nonimmigrant visitors, deportation, and eligibility requirements

for reentry under changed status. See section 2451 et seq. of this

title.

CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,

DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER

ACTIONS

Continuation in full force and effect, and applicability to the

appropriate provisions of the Mutual Educational and Cultural

Exchange Act of 1961, set out as section 2451 et seq. of this

title, until modified or superseded by appropriate authority, of

all Executive orders, agreements, determinations, regulations,

contracts, appointments, and other actions issued, concluded, or

taken under authority of this section, see section 111(b) of Pub.

L. 87-256, set out as a note under section 2451 of this title.

-End-

-CITE-

22 USC Sec. 1447 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

-HEAD-

Sec. 1447. Books and materials

-STATUTE-

The Secretary is authorized to provide for interchanges between

the United States and other countries of books and periodicals,

including government publications, for the translation of such

writings, and for the preparation, distribution, and interchange of

other educational materials.

-SOURCE-

(Jan. 27, 1948, ch. 36, title II, Sec. 202, 62 Stat. 7.)

-End-

-CITE-

22 USC Sec. 1448 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER II - INTERCHANGE OF PERSONS, KNOWLEDGE, AND SKILLS

BETWEEN UNITED STATES AND FOREIGN COUNTRIES

-HEAD-

Sec. 1448. Assistance to certain institutions abroad founded or

sponsored by United States citizens

-STATUTE-

The Secretary is authorized to provide for assistance to schools,

libraries, and community centers abroad, founded or sponsored by

citizens of the United States, and serving as demonstration centers

for methods and practices employed in the United States. In

assisting any such schools, however, the Secretary shall exercise

no control over their educational policies and shall in no case

furnish assistance of any character which is not in keeping with

the free democratic principles and the established foreign policy

of the United States.

-SOURCE-

(Jan. 27, 1948, ch. 36, title II, Sec. 203, 62 Stat. 7.)

-STATAMEND-

PARTIAL REPEAL

Pub. L. 87-256, Sec. 111(a)(2), Sept. 21, 1961, 75 Stat. 538,

repealed this section insofar as it relates to schools. See section

2451 et seq. of this title.

-MISC1-

CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,

DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER

ACTIONS

Continuation in full force and effect, and applicability to the

appropriate provisions of the Mutual Educational and Cultural

Exchange Act of 1961, set out as section 2451 et seq. of this

title, until modified or superseded by appropriate authority, of

all Executive orders, agreements, determinations, regulations,

contracts, appointments, and other actions issued, concluded, or

taken under authority of this section, see section 111(b) of Pub.

L. 87-256, set out as a note under section 2451 of this title.

-End-

-CITE-

22 USC SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

-HEAD-

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 280c, 1458 of this

title.

-End-

-CITE-

22 USC Sec. 1451 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

-HEAD-

Sec. 1451. Assignment of Government employees to requesting

countries; governing regulations

-STATUTE-

The Director of the United States Information Agency is

authorized, when the government of another country is desirous of

obtaining the services of a person having special scientific or

other technical or professional qualifications, from time to time

to assign or authorize the assignment for service, to or in

cooperation with such government, any person in the employ or

service of the Government of the United States who has such

qualifications, with the approval of the Government agency in which

such person is employed or serving. No person shall be assigned for

service to or in cooperation with the government of any country

unless (1) the Director finds that such assignment is necessary in

the national interest of the United States, or (2) such government

agrees to reimburse the United States in an amount equal to the

compensation, travel expenses, and allowances payable to such

person during the period of such assignment in accordance with the

provisions of section 1452 of this title, or (3) such government

shall have made an advance of funds, property, or services as

provided in section 1479 of this title. Nothing in this chapter,

however, shall authorize the assignment of such personnel for

service relating to the organization, training, operation,

development, or combat equipment of the armed forces of a foreign

government.

-SOURCE-

(Jan. 27, 1948, ch. 36, title III, Sec. 301, 62 Stat. 7; Pub. L.

97-241, title III, Sec. 304(a)(1)(A), (2)(A), Aug. 24, 1982, 96

Stat. 292.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-241 substituted "person in the employ" for

"citizen of the United States in the employ", "Director of the

United States Information Agency" for "Secretary", and "Director

finds" for "Secretary finds".

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-MISC2-

REFERENCES TO ACT MAY 25, 1938

Subsec. (c) of section 1004 of act Jan. 27, 1948, provided that:

"Any reference in the Foreign Service Act of 1946 (60 Stat. 999)

[section 801 et seq. of this title], or in any other law, to

provisions of such Act of May 25, 1938, as amended [section 118e of

former Title 5, Executive Departments and Government Officers and

Employees], shall be construed to be applicable to the appropriate

provisions of titles III and IX of this Act [sections 1451 to 1453,

1478, and 1479 of this title]."

EFFECTIVENESS OF EXECUTIVE ORDERS AND REGULATIONS UNDER ACT MAY 25,

1938, CH. 277, 52 STAT. 442

Subsec. (b) of section 1004 of act Jan. 27, 1948, provided that:

"Existing Executive orders and regulations pertaining to the

administration of such Act of May 25, 1938, as amended [former

section 118e of former Title 5, Executive Departments and

Government Officers and Employees], shall remain in effect until

superseded by regulations prescribed under the provisions of this

Act [this chapter]."

-End-

-CITE-

22 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

-HEAD-

Sec. 1452. Status and allowances of assigned personnel

-STATUTE-

Any person in the employ or service of the Government of the

United States, while assigned for service to or in cooperation with

another government under the authority of this chapter, shall be

considered, for the purpose of preserving his rights, allowances,

and privileges as such, an officer or employee of the Government of

the United States and of the Government agency from which assigned

and he shall continue to receive compensation from that agency. He

may also receive, under such regulations as the President may

prescribe, representation allowances similar to those allowed under

section 4085 of this title. The authorization of such allowances

and other benefits and the payment thereof out of any

appropriations available therefor shall be considered as meeting

all the requirements of section 5536 of title 5.

-SOURCE-

(Jan. 27, 1948, ch. 36, title III, Sec. 302, 62 Stat. 8; Pub. L.

97-241, title III, Sec. 304(a)(1)(B), (3), Aug. 24, 1982, 96 Stat.

292.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-241 substituted "person in the employ or

service of the Government of the United States" for "citizen of the

United States", "section 4085 of this title" for "section 1131(3)

of this title", and "section 5536 of title 5" for "section 1765 of

the Revised Statutes". Prior to the amendment by Pub. L. 97-241,

"section 5536 of title 5" had been substituted for "section 1765 of

the Revised Statutes" (which was formerly classified to section 70

of title 5) on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees, thereby requiring no change

in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1451 of this title.

-End-

-CITE-

22 USC Sec. 1453 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER III - ASSIGNMENT OF SPECIALISTS

-HEAD-

Sec. 1453. Acceptance of office under foreign governments of

assigned personnel; oath of allegiance

-STATUTE-

Any person in the employ or service of the Government of the

United States while assigned for service to or in cooperation with

another government under authority of this chapter may, at the

discretion of his Government agency, with the concurrence of the

Director of the United States Information Agency, and without

additional compensation therefor, accept an office under the

government to which he is assigned, if the acceptance of such an

office in the opinion of such agency is necessary to permit the

effective performance of duties for which he is assigned, including

the making or approving on behalf of such foreign government the

disbursement of funds provided by such government or of receiving

from such foreign government funds for deposit and disbursement on

behalf of such government, in carrying out programs undertaken

pursuant to this chapter: Provided, however, That such acceptance

of office shall in no case involve the taking of an oath of

allegiance to another government.

-SOURCE-

(Jan. 27, 1948, ch. 36, title III, Sec. 303, 62 Stat. 8; Pub. L.

97-241, title III, Sec. 304(a)(1)(B), (2)(B), Aug. 24, 1982, 96

Stat. 292.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-241 substituted "person in the employ or

service of the Government of the United States" for "citizen of the

United States" and "Director of the United States Information

Agency" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-End-

-CITE-

22 USC SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT

AGENCIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

-HEAD-

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

-End-

-CITE-

22 USC Sec. 1456 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

-HEAD-

Sec. 1456. Utilization of facilities and personnel of other

Government agencies; reimbursement to agencies; report to

Congress

-STATUTE-

The Secretary is authorized, in carrying on any activity under

the authority of this chapter, to utilize, with the approval of the

President, the services, facilities, and personnel of the other

Government agencies. Whenever the Secretary shall use the services,

facilities, or personnel of any Government agency for activities

under authority of this chapter, the Secretary shall pay for such

performance out of funds available to the Secretary under this

chapter, either in advance, by reimbursement, or direct transfer.

The Secretary shall include in each report submitted to the

Congress under section 1439 (!1) of this title a statement of the

services, facilities, and personnel of other Government agencies

utilized in carrying on activities under the authority of this

chapter, showing the names and salaries of the personnel utilized,

or performing services utilized, during the period covered by such

report, and the amounts paid to such other agencies under this

section as payment for such performance.

-SOURCE-

(Jan. 27, 1948, ch. 36, title IV, Sec. 401, 62 Stat. 8.)

-REFTEXT-

REFERENCES IN TEXT

Section 1439 of this title, referred to in text, was repealed by

Pub. L. 96-470, title I, Sec. 117, Oct. 19, 1980, 94 Stat. 2240.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1457 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

-HEAD-

Sec. 1457. Rendition of technical and other services to foreign

governments; limitations

-STATUTE-

A Government agency, at the request of the Secretary, may perform

such technical or other services as such agency may be competent to

render for the government of another country desirous of obtaining

such services, upon terms and conditions which are satisfactory to

the Secretary and to the head of the Government agency, when it is

determined by the Secretary that such services will contribute to

the purposes of this chapter. However, nothing in this chapter

shall authorize the performance of services relating to the

organization, training, operation, development, or combat equipment

of the armed forces of a foreign government.

-SOURCE-

(Jan. 27, 1948, ch. 36, title IV, Sec. 402, 62 Stat. 9.)

-End-

-CITE-

22 USC Sec. 1458 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER IV - PARTICIPATION BY GOVERNMENT AGENCIES

-HEAD-

Sec. 1458. Policy governing rendition of services

-STATUTE-

In authorizing the performance of technical and other services

under this subchapter, it is the sense of the Congress (1) that the

Secretary shall encourage through any appropriate Government agency

the performance of such services to foreign governments by

qualified private American individuals and agencies, and shall not

enter into the performance of such services to any foreign

government where such services may be performed adequately by

qualified private American individuals and agencies and such

qualified individuals and agencies are available for the

performance of such services; (2) that if such services are

rendered by a Government agency, they shall demonstrate the

technical accomplishments of the United States, such services being

of an advisory, investigative, or instructional nature, or a

demonstration of a technical process; (3) that such services shall

not include the construction of public works or the supervision of

the construction of public works, and that, under authority of this

chapter, a Government agency shall render engineering services

related to public works only when the Secretary shall determine

that the national interest demands the rendering of such services

by a Government agency, but this policy shall not be interpreted to

preclude the assignment of individual specialists as advisers to

other governments as provided under subchapter III of this chapter,

together with such incidental assistance as may be necessary for

the accomplishment of their individual assignments.

-SOURCE-

(Jan. 27, 1948, ch. 36, title IV, Sec. 403, 62 Stat. 9.)

-End-

-CITE-

22 USC SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION

ABOUT THE UNITED STATES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1471 of this title.

-End-

-CITE-

22 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461. General authorization

-STATUTE-

(a) Dissemination of information abroad

The Secretary is authorized, when he finds it appropriate, to

provide for the preparation, and dissemination abroad, of

information about the United States, its people, and its policies,

through press, publications, radio, motion pictures, and other

information media, and through information centers and instructors

abroad. Subject to subsection (b) of this section, any such

information (other than "Problems of Communism" and the "English

Teaching Forum" which may be sold by the Government Printing

Office) shall not be disseminated within the United States, its

territories, or possessions, but, on request, shall be available in

the English language at the Department of State, at all reasonable

times following its release as information abroad, for examination

only by representatives of United States press associations,

newspapers, magazines, radio systems, and stations, and by research

students and scholars, and, on request, shall be made available for

examination only to Members of Congress.

(b) Dissemination of information within United States

(1) The Director of the United States Information Agency shall

make available to the Archivist of the United States, for domestic

distribution, motion pictures, films, videotapes, and other

material prepared for dissemination abroad 12 years after the

initial dissemination of the material abroad or, in the case of

such material not disseminated abroad, 12 years after the

preparation of the material.

(2) The Director of the United States Information Agency shall be

reimbursed for any attendant expenses. Any reimbursement to the

Director pursuant to this subsection shall be credited to the

applicable appropriation of the United States Information Agency.

(3) The Archivist shall be the official custodian of the material

and shall issue necessary regulations to ensure that persons

seeking its release in the United States have secured and paid for

necessary United States rights and licenses and that all costs

associated with the provision of the material by the Archivist

shall be paid by the persons seeking its release. The Archivist may

charge fees to recover such costs, in accordance with section

2116(c) of title 44. Such fees shall be paid into, administered,

and expended as part of the National Archives Trust Fund.

-SOURCE-

(Jan. 27, 1948, ch. 36, title V, Sec. 501, 62 Stat. 9; Pub. L.

92-352, title II, Sec. 204, July 13, 1972, 86 Stat. 494; Pub. L.

96-60, title II, Sec. 208, Aug. 15, 1979, 93 Stat. 401; Pub. L.

101-246, title II, Sec. 202, Feb. 16, 1990, 104 Stat. 49.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-246 designated existing provisions as subsec.

(a), substituted "Subject to subsection (b) of this section, any

such information" for "Any such information" in second sentence,

and added subsec. (b).

1979 - Pub. L. 96-60 substituted " 'Problems of Communism' and

the 'English Teaching Forum' which may be sold" for " 'Problems of

Communism' which may continue to be sold" in parenthetical clause.

1972 - Pub. L. 92-352 substituted provisions relating to the

prohibition, except as otherwise provided, on the dissemination of

information within the United States, its territories, or

possessions, other than "Problems of Communism" which could

continue to be sold at the Government Printing Office, for

provisions relating to the availability of press release or radio

scripts for examination by representatives of United States press

associations, newspapers, magazines, radio systems, and stations,

and, on request, Members of Congress.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-MISC2-

USIA NETWORK FOR DISSEMINATION OF INFORMATION CONCERNING UNITED

STATES PROGRAMS TO COMBAT NARCOTICS AND OTHER CONTROLLED SUBSTANCES

Section 210 of Pub. L. 101-246 provided that: "The United States

Information Agency shall establish and maintain an international

narcotics information network. The network shall disseminate

prompt, accurate, and comprehensive information to foreign

governments concerning programs and activities of the United States

Government -

"(1) to eliminate the illicit production, trafficking, and

abuse of narcotic and psychotropic drugs and other controlled

substances within the United States; and

"(2) to promote drug prevention and rehabilitation in the

United States."

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

PUBLIC SERVICE ANNOUNCEMENTS TO PROMOTE CHILD SURVIVAL

Pub. L. 101-246, title II, Sec. 233, Feb. 16, 1990, 104 Stat. 57,

provided that: "The United States Information Agency shall

establish and maintain through the Voice of America a system of

public service announcements focusing on child survival

techniques."

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

USIA POSTS AND PERSONNEL OVERSEAS

Pub. L. 100-204, title II, Sec. 204, Dec. 22, 1987, 101 Stat.

1373, prohibited use of appropriated funds to pay expenses

associated with closing of United States Information Agency posts

abroad or to pay expenses associated with Bureau of Management or

with television and film service of Agency if an Agency post abroad

was closed after Apr. 1, 1987, and not reopened within 180 days

after Dec. 22, 1987, placed limitation on reduction of number of

positions filled by American employees of Agency stationed abroad,

authorized waiver of both prohibition and limitation, and permitted

Director, in case of a sequestration order, to submit a report to

congressional committees proposing a list of Agency posts to be

downgraded or closed in order to comply with sequestration order,

prior to repeal by Pub. L. 102-138, title II, Sec. 206(c), Oct. 28,

1991, 105 Stat. 693. See section 1475g of this title.

REDESIGNATION OF INTERNATIONAL COMMUNICATION AGENCY AS UNITED

STATES INFORMATION AGENCY

Pub. L. 97-241, title III, Sec. 303, Aug. 24, 1982, 96 Stat. 291,

provided that:

"(a) The International Communication Agency, established by

Reorganization Plan Numbered 2 of 1977 [set out as a note below],

is hereby redesignated the United States Information Agency. The

Director of the International Communication Agency or any other

official of the International Communication Agency is hereby

redesignated the Director or other official, as appropriate, of the

United States Information Agency.

"(b) 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)."

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

REORGANIZATION PLAN NO. 8 OF 1953

EFF. AUG. 1, 1953, 18 F.R. 4542, 67 STAT. 642, AS AMENDED ACT JUNE

28, 1955, CH. 189, SEC. 12(C)(21), 69 STAT. 183; REORG. PLAN NO. 2

OF 1977, SEC. 9(B), EFF. OCT. 11, 1977, 42 F.R. 62461, 91 STAT.

1639

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 1, 1953,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

UNITED STATES INFORMATION AGENCY

SECTION 1. ESTABLISHMENT OF AGENCY

[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,

1977, 42 F.R. 62461, 91 Stat. 1639, set out as a note below.

Section was amended by act June 28, 1955, ch. 189, Sec. 12(c)(21),

69 Stat. 183 and related to the establishment of the United States

Information Agency.]

SEC. 2. TRANSFER OF FUNCTIONS

(a) Subject to subsection (c) of this section, there are hereby

transferred to the Director (1) the functions vested in the

Secretary of State by Title V of the United States Information and

Educational Exchange Act of 1948, as amended [22 U.S.C. 1461,

1462], and so much of functions with respect to the interchange of

books and periodicals and aid to libraries and community centers

under sections 202 and 203 of the said Act [22 U.S.C. 1447, 1448]

as is an integral part of information programs under that Act [22

U.S.C. 1431-1479], together with so much of the functions vested in

the Secretary of State by other provisions of the said Act [22

U.S.C. 1431-1479] as is incidental to or is necessary for the

performance of the functions under Title V and sections 202 and 203

transferred by this section, and (2) [Superseded. Reorg. Plan No. 2

of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat.

1639. Paragraph related to functions of the Secretary of State with

respect to information programs relating to Germany and Austria.]

(b) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct.

11, 1977, 42 F.R. 62461, 91 Stat. 1639. Subsection related to the

transfer to the Director of functions vested in the Director for

Mutual Security by the Mutual Security Act of 1951, as amended, act

Oct. 10, 1951, ch. 479, 65 Stat. 373, which related to foreign

information programs, as formerly provided for in section 1652 of

this title.]

(c)(1) The Secretary of State shall direct the policy and control

the content of a program, for use abroad, on official United States

positions, including interpretations of current events, identified

as official positions by an exclusive descriptive label.

(2) The Secretary of State shall continue to provide to the

Director on a current basis full guidance concerning the foreign

policy of the United States.

(3) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R.

62461, 91 Stat. 1639. Paragraph provided that nothing in subsec.

(c) of this section was to affect the functions of the Secretary of

State with respect to conducting negotiations with other

governments.]

(d) To the extent the President deems it necessary in order to

carry out the functions transferred by the foregoing provisions of

this section, he may authorize the Director to exercise, in

relation to the respective functions so transferred, any authority

or part thereof available by law, including appropriation acts, to

the Secretary of State, the Director for Mutual Security, or the

Director of the Foreign Operations Administration, in respect of

the said transferred functions.

SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS

[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461,

91 Stat. 1639. Section related to the performance of transferred

functions.]

SEC. 4. INCIDENTAL TRANSFERS

[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461,

91 Stat. 1639. Section related to incidental transfers.]

SEC. 5. INTERIM PROVISIONS

[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461,

91 Stat. 1639. Section related to interim provisions.]

[The United States Information Agency was abolished and replaced

by the International Communication Agency pursuant to Reorg. Plan

No. 2 of 1977, set out below, effective on or before July 1, 1978,

at such time as specified by the President. The International

Communication Agency was redesignated the United States Information

Agency by section 303 of Pub. L. 97-241, title III, Aug. 24, 1982,

96 Stat. 291, set out as a note above. For abolition of United

States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau), transfer of

functions, and treatment of references thereto, see sections 6531,

6532, and 6551 of this title.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 8 of 1953, prepared

in accordance with the Reorganization Act of 1949, as amended, and

providing for the reorganization of foreign information functions.

My reasons for proposing this plan are stated in another message

transmitted to the Congress today.

After investigation, I have found and hereby declare that each

reorganization included in Reorganization Plan No. 8 of 1953 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended. I have

also found and hereby declare that it is necessary to include in

the accompanying reorganization plan, by reason of reorganizations

made thereby, provisions for the appointment and compensation of

officers specified in section 1 of the plan. The rates of

compensation fixed for these officers are, respectively, those

which I have found to prevail in respect of comparable officers in

the executive branch of the Government.

I expect that the improved organizational arrangement provided

for in Reorganization Plan No. 8 of 1953 will lead to substantial

economies and significantly improved effectiveness of

administration. It is not practicable, however, to itemize at this

time the reductions in expenditures which will probably be brought

about by the taking effect of the reorganizations included in the

reorganization plan.

Dwight D. Eisenhower.

The White House, June 1, 1953.

REORGANIZATION PLAN NO. 2 OF 1977

42 F.R. 62461, 91 STAT. 1636, AS AMENDED PUB. L. 101-246, TITLE II,

SEC. 204(C), FEB. 16, 1990, 104 STAT. 50; PUB. L. 105-277, DIV. G,

SUBDIV. A, TITLE XIII, SECS. 1334(B), 1336(6), OCT. 21, 1998, 112

STAT. 2681-786, 2681-790; PUB. L. 106-113, DIV. B, SEC. 1000(A)(7)

[DIV. A, TITLE IV, SEC. 404(A), (C)], NOV. 29, 1999, 113 STAT.

1536, 1501A-446, 1501A-447; PUB. L. 107-77, TITLE IV, SEC. 407(C),

NOV. 28, 2001, 115 STAT. 790

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, October 11,

1977,(!1) pursuant to the provisions of chapter 9 of title 5 of

the United States Code.(!2)

INTERNATIONAL COMMUNICATION AGENCY

SECTION 1. ESTABLISHMENT OF THE INTERNATIONAL COMMUNICATION AGENCY

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section established the

International Communication Agency.]

SEC. 2. DIRECTOR

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for

appointment and responsibilities of Director of the Agency.]

SEC. 3. DEPUTY DIRECTOR

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for

appointment and duties of Deputy Director of the Agency.]

SEC. 4. ASSOCIATE DIRECTORS

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for

appointment, titles, and functions of four Associate Directors of

the Agency.]

SEC. 5. PERFORMANCE OF FUNCTIONS

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for

establishment of bureaus, offices, divisions, and other units

within the Agency and for performance of functions of the Director

within the Agency.]

SEC. 6. NEGOTIATIONS

[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section authorized

Director to conduct negotiations with representatives of foreign

states or organizations on matters for which responsibility was

vested in the Director or in the Agency.]

SEC. 7. TRANSFER OF FUNCTIONS

(a) There are hereby transferred to the Director all functions

vested in the President, the Secretary of State, the Department of

State, the Director of the United States Information Agency, and

the United States Information Agency pursuant to the following:

(1) the United States Information and Educational Exchange Act of

1948, as amended (22 U.S.C. 1431-1479), except to the extent that

any function in sections 302, 401, or 602 [22 U.S.C. 1452, 1456, or

1467] is vested in the President;

(2) the Mutual Educational and Cultural Exchange Act of 1961, as

amended (22 U.S.C. 2451-2458a), except for: (A) such functions as

are vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1),

104(e)(2), 104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 [22

U.S.C. 2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g),

2455(a), (b), (c), 2456(a), 2458]; (B) to the extent that such

functions were assigned to the Secretary of Health, Education and

Welfare immediately prior to the effective date of this

Reorganization Plan, sections 104(b), 105(d)(2), 105(f), 106(d),

and 106(f) [22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d), (f)]; and

(C) to the extent that any function therein is vested in the

President or the Secretary of State, sections 106(b) and 106(c) [22

U.S.C. 2456(b), (c)].

(3) Public Law 90-494 (22 U.S.C. [former] 929-932, 1221-1234), to

the extent that such functions are vested in the Director of the

United States Information Agency;

(4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service

Act of 1946, as amended (22 U.S.C. [former sections] 922(3),

1037a(1), and 1063(a)(4)), to the extent such functions are vested

in the Director of the United States Information Agency or in the

United States Information Agency.

(5) Section 4 of the United States Information Agency

Appropriations Authorization Act of 1973, Public Law 93-168 [Nov.

29, 1973, 87 Stat. 689];

(6)(A) Sections 107(b), 204 and 205 of the Foreign Relations

Authorization Act, Fiscal Year 1978, Public Law 95-105, 91 Stat.

844 [Aug. 17, 1977]; and (B) to the extent such functions are

vested in the Director of the United States Information Agency,

section 203 of the Act;

(7) The Center for Cultural and Technical Interchange Between

East and West Act of 1960 (22 U.S.C. 2054-2057);

(8) Sections 101(a)(15)(J) and 212(e) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e));

(9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22

U.S.C. 1461 note);

(10) Section 3(a) of the Arts and Artifacts Indemnity Act (20

U.S.C. 972(a));

(11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71

(50 U.S.C. App. 2316);

(12) Section 9(b) of the National Foundation on the Arts and

Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such

functions are vested in the Secretary of State;

(13) Section 112(a) of the Higher Education Act of 1965 (20

U.S.C. [former] 1009(a)), to the extent such functions are vested

in the Department of State;

(14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968

(20 U.S.C. 80f(b)(1));

(15) Section 201 of Public Law 89-665, as amended by section

201(5) of Public Law 94-422 (16 U.S.C. 470i(a)(9));

(16) The third proviso in the twenty-third unnumbered paragraph

of title V of Public Law 95-86 (headed "UNITED STATES INFORMATION

AGENCY, SALARIES AND EXPENSES"), 91 Stat. 440-41 [Aug. 2, 1977];

(17) The twentieth unnumbered paragraph of title I of Public Law

95-86 (headed "CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN EAST AND WEST"), 91 Stat. 424;

(18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F)

of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C.

295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and

(19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63

Stat. 408 (22 U.S.C. 2681-2683).

(b) There are hereby transferred to the Director all functions

vested in the Assistant Secretary of State for Public Affairs

pursuant to Section 2(a) of the John F. Kennedy Center Act (20

U.S.C. 76h(a)).

(c) The Director shall insure that the scholarly integrity and

nonpolitical character of educational and cultural exchange

activities vested in the Director are maintained.

SEC. 8. ESTABLISHMENT OF THE UNITED STATES ADVISORY COMMISSION ON

INTERNATIONAL COMMUNICATION, CULTURAL, AND EDUCATIONAL AFFAIRS

(a) There is hereby established an advisory commission, to be

known as the United States Advisory Commission on International

Communication, Cultural and Educational Affairs (the "Commission")

[the United States Advisory Commission on Public Diplomacy]. The

Commission shall consist of seven members who shall be appointed by

the President, by and with the advice and consent of the Senate.

The members of the Commission shall represent the public interest

and shall be selected from the cross section of educational,

communications, cultural, scientific, technical, public service,

labor and business and professional backgrounds. Not more than four

members shall be from any one political party. The term of each

member shall be three years except that of the original seven

appointments, two shall be for a term of one year and two shall be

for a term of two years. Any member appointed to fill a vacancy

occurring prior to the expiration of the term for which a

predecessor was appointed shall be appointed for the remainder of

such term. Upon the expiration of a member's term of office, such

member may continue to serve until a successor is appointed and has

qualified. The President shall designate a member to chair the

Commission.

(b) The functions now vested in the United States Advisory

Commission on Information and in the United States Advisory

Commission on International Educational and Cultural Affairs under

sections 601 through 603 and 801(6) of the United States

Information and Educational Exchange Act of 1948, as amended (22

U.S.C. 1466-1468, 1471(6)), and under sections 106(b) and 107 of

the Mutual Educational and Cultural Exchange Act of 1961, as

amended (22 U.S.C. 2456(b), 2457), respectively, are hereby

consolidated and vested in the Commission, as follows:

The Commission shall formulate and recommend to the Director, the

Secretary of State, and the President policies and programs to

carry out the functions vested in the Director or the Agency, and

shall appraise the effectiveness of policies and programs of the

Agency. The Commission shall submit to the Congress, the President,

the Secretary of State and the Director annual reports on programs

and activities carried on by the Agency, including appraisals,

where feasible, as to the effectiveness of the several programs.

The Commission shall also include in such reports such

recommendations as shall have been made by the Commission to the

Director for effectuating the purposes of the Agency, and the

action taken to carry out such recommendations. The Commission may

also submit such other reports to the Congress as it deems

appropriate, and shall make reports to the public in the United

States and abroad to develop a better understanding of and support

for the programs conducted by the Agency. The Commission's reports

to the Congress shall include assessments of the degree to which

the scholarly integrity and nonpolitical character of the

educational and cultural exchange activities vested in the Director

have been maintained, and assessments of the attitudes of foreign

scholars and governments regarding such activities.

(c) The Commission shall have no authority with respect to the J.

William Fulbright Foreign Scholarship Board or the United States

National Commission for UNESCO. [As amended Pub. L. 101-246, title

II, Sec. 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105-277, div.

G, subdiv. A, title XIII, Sec. 1334(b), Oct. 21, 1998, 112 Stat.

2681-786; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title

IV, Sec. 404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446,

1501A-447; Pub. L. 107-77, title IV, Sec. 407(c), Nov. 28, 2001,

115 Stat. 790.]

[Section 6553 of this title provided that the United States

Advisory Commission on Public Diplomacy, established under section

8 of Reorganization Plan Numbered 2 of 1977, set out above, was to

continue to exist and operate until Oct. 1, 2005.

[Any provisions of section 8 of Reorg. Plan No. 2 of 1977

inconsistent with 22 U.S.C. 1469 to no longer have legal effect on

Jan. 20, 1989, and prohibition limiting membership of individuals

from same political party is repealed, see 22 U.S.C. 1469(d).]

[United States Advisory Commission on International

Communication, Cultural and Educational Affairs was redesignated

the United States Advisory Commission on Public Diplomacy by 22

U.S.C. 1469.]

SEC. 9. ABOLITIONS AND SUPERSESSIONS

(a) The following are hereby abolished:

(1) The United States Information Agency, including the offices

of Director, Deputy Director, Deputy Director (Policy and Plans) (5

U.S.C. 5316(67)), Associate Director (Policy and Plans) (5 U.S.C.

5316(103)), and additional offices created by section 1(d) of

Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), of the

United States Information Agency, provided that, pending the

initial appointment of the Director, Deputy Director and Associate

Directors of the Agency their functions shall be performed

temporarily, but not for a period in excess of sixty (60) days, by

such officers of the Department of State or of the United States

Information Agency as the President shall designate;

(2) One of the offices of Assistant Secretary of State provided

for in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111,

as amended (22 U.S.C. 2652), and in section 5315(22) of title 5 of

the United States Code;

(3) The United States Advisory Commission on International

Educational and Cultural Affairs (22 U.S.C. [former] 2456(b));

(4) The United States Advisory Commission on Information (22

U.S.C. [former] 1466-1468);

(5) All functions vested in or related to the United States

Advisory Commission on International Educational and Cultural

Affairs and the United States Advisory Commission on Information

that are not transferred to the Director by section 7 or

consolidated in the Commission by section 8 of this Reorganization

Plan;

(6) The Advisory Committee on the Arts, all functions thereof,

and all functions relating thereto (22 U.S.C. [former] 2456(c));

and

(7) The functions vested in the Secretary of State by section

3(e) of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C.

[former] 2670(e)).

(b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of

Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby

superseded.

SEC. 10. OTHER TRANSFERS

So much of the personnel, property, records, and unexpended

balances of appropriations, allocations and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred or consolidated by this Reorganization

Plan, as the Director of the Office of Management and Budget shall

determine, shall be transferred to the appropriate department,

agency, or commission at such time or times as the Director of the

Office of Management and Budget shall provide, except that no such

unexpended balances transferred shall be used for purposes other

than those for which the appropriation was originally made. The

Director of the Office of Management and Budget shall provide for

terminating the affairs of all agencies, commissions, and offices

abolished herein and for such further measures and dispositions as

such Director deems necessary to effectuate the purposes of this

Reorganization Plan.

SEC. 11. EFFECTIVE DATE

This Reorganization Plan shall become effective at such time or

times, on or before July 1, 1978, as the President shall specify,

but not sooner than the earliest time allowable under section 906

of title 5 of the United States Code.

[Amendment to Reorganization Plan No. 2 of 1977 [set out above]

by Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub.

L. 105-277, set out as an Effective Date note under section 6531 of

this title.]

[Pursuant to Ex. Ord. No. 12048, set out below, this Reorg. Plan

is effective July 1, 1978.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1977 to

consolidate certain international communication, educational and

cultural, and broadcasting activities of the United States

Government. I am acting under the authority vested in me by the

Reorganization Act, chapter 9 of title 5 of the United States Code.

I am also acting pursuant to section 501 of the Foreign Relations

Authorization Act, Fiscal Year 1978 (Public Law 95-105), which

provides that my recommendations for reorganizing these activities

be transmitted by October 31, 1977.

This reorganization will consolidate into a new agency, to be

known as the Agency for International Communication, the functions

now exercised by the State Department's Bureau of Educational and

Cultural Affairs and the United States Information Agency.

The principal aspects of this proposal are:

- The new agency will take over USIA's international

communications programs (including the Voice of America) and

the international educational and cultural exchange activities

now conducted by the Bureau of Educational and Cultural

Affairs.

- The agency's Director will be the principal advisor on

international information and exchange activities to the

President, the National Security Council, and the Secretary of

State. Under the direction of the Secretary of State, the

Director will have primary responsibility within the

Government for the conduct of such activities. The Director,

the Deputy Director and the Associate Directors of the new

agency will be confirmed by the Senate.

- The two commissions that now advise USIA and the Bureau of

Educational and Cultural Affairs will be combined into a

single seven-member commission. Members of this nonpartisan

commission will be chosen from fields related to the agency's

mission. The commissioners will be appointed by the President

and confirmed by the Senate.

The purpose of this reorganization is to broaden our

informational, educational and cultural intercourse with the world,

since this is the major means by which our government can inform

others about our country, and inform ourselves about the rest of

the world.

The new Agency for International Communication will play a

central role in building these two-way bridges of understanding

between our people and the other peoples of the world. Only by

knowing and understanding each other's experiences can we find

common ground on which we can examine and resolve our differences.

The new agency will have two distinct but related goals:

To tell the world about our society and policies - in

particular our commitment to cultural diversity and individual

liberty.

To tell ourselves about the world, so as to enrich our own

culture as well as to give us the understanding to deal

effectively with problems among nations.

As the world becomes more and more interdependent, such mutual

understanding becomes increasingly vital. The aim of this

reorganization, therefore, is a more effective dialogue among

peoples of the earth. Americans - mostly immigrants or the

descendants of immigrants - are particularly well suited to enter

into such an undertaking. We have already learned much from those

who have brought differing values, perspectives and experiences to

our shores. And we must continue to learn.

Thus the new agency will lay heavy emphasis on listening to

others, so as to learn something of their motivations and

aspirations, their histories and cultures.

Several principles guided me in shaping this reorganization plan.

Among the most important were:

- Maintaining the integrity of the educational and cultural

exchange programs is imperative. To this end, the plan retains

the Board of Foreign Scholarships, whose strong leadership has

done so much to insure the high quality of the educational

exchange program. In addition, I intend to nominate an

Associate Director who will be responsible for the

administration and supervision of educational and cultural

functions consolidated in the new Agency. The responsibilities

presently exercised by the Department of State in relation to

the Center for Technical and Cultural Interchange Between East

and West, Inc., will be transferred to the new agency without

alteration.

- Keeping the Voice of America's news gathering and reporting

functions independent and objective. The Voice's charter,

enacted into law in 1976, provides that "VOA news will be

accurate, objective, and comprehensive"; that VOA will

"present a balanced and comprehensive projection of

significant American thought and institutions"; and that VOA

will present U.S. policies "clearly and effectively, and will

also present responsible discussion and opinion on these

policies." Under this Administration, VOA will be solely

responsible for the content of news broadcasts - for there is

no more valued coin than candor in the international

marketplace of ideas. I also plan to nominate an Associate

Director who will be responsible for the administration and

supervision of the Voice of America.

- The new agency's activities must be straightforward, open,

candid, balanced, and representative. They will not be given

over to the advancement of the views of any one group, any one

party or any one Administration. The agency must not operate

in a covert, manipulative, or propagandistic way.

- Rights of U.S. Information Agency and State Department

employees must be respected. In the new agency, their career

achievements will be recognized and the best possible use made

of their professional skills and abilities.

The Director of the new agency will assess and advise on the

impact on worldwide public opinion of American foreign policy

decisions. The Agency will coordinate the international

information, educational, cultural and exchange programs conducted

by the U.S. Government and will be a governmental focal point for

private U.S. international exchange programs. It will also play a

leading role within the U.S. Government in our efforts to remove

barriers to the international exchange of ideas and information.

It is not practicable to specify all of the expenditure

reductions and other economies that will result from the proposed

reorganization, and therefore I do not do so. The reorganization

will result in greater efficiency by unifying in Washington the

management of programs which are already administered in a

consolidated manner in the field. For example, field officers will

no longer report to two separate sets of supervisors and

headquarters at home.

This plan abolishes the functions of the Advisory Committee on

the Arts authorized by section 106(c) of the Mutual Educational and

Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also

abolished, as a result of the consolidation of certain functions of

the United States Advisory Commission on Information and the United

States Advisory Commission on International Educational and

Cultural Affairs in the United States Advisory Commission on

International Communication, Cultural and Educational Affairs, are

the functions authorized by section 603 of the United States

Information and Educational Exchange Act of 1948, as amended (22

U.S.C. 1468) (requiring submission by the United States Advisory

Commission on Information of a quarterly report to the Director of

USIA and a semiannual report to the Congress). The new commission

will report annually and at such other times as it deems

appropriate (as does the existing Advisory Commission on

International Educational and Cultural Affairs). Since appointments

of all members of the new commission will be on a nonpartisan

basis, as has been the case with the Advisory Commission on

International Educational and Cultural Affairs, the requirement of

section 602(a) of the U.S. Information and Educational Exchange Act

(22 U.S.C. 1467(a)) that not more than three members of the

Advisory Commission on Information shall be of the same political

party is abolished.

Various obsolete or superseded functions under Reorganization

Plan No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA,

are superseded by this plan. Finally, the Plan abolishes a

provision authorizing the Secretary of State to pay the expenses of

transporting the bodies of participants in exchange programs who

die away from home, since State no longer will conduct such

programs (22 U.S.C. 2670(e)). All functions abolished by the

reorganization are done so in compliance with section 903(b) of

title 5 of the United States Code.

After investigation, I have found that this reorganization is

necessary to carry out the policy set forth in section 901(a) of

title 5 of the United States Code. The provisions in this Plan for

the appointment and pay of the Director, Deputy Director, and

Associate Directors of the Agency have been found by me to be

necessary by reason of the reorganization made by the plan and are

at a rate applicable to comparable officers in the executive

branch.

In presenting this plan, I ask the support of Congress to

strengthen and simplify the machinery by which we carry out these

important functions of the United States Government.

Such action will make us better able to project the great variety

and vitality of American life to those abroad, and to enrich our

own lives with a fuller knowledge of the vitality and variety of

other societies.

The new Agency for International Communication will help us

demonstrate "a decent respect for the opinions of mankind," and to

deal intelligently with a world awakening to a new spirit of

freedom.

Jimmy Carter.

The White House, October 11, 1977.

-EXEC-

EX. ORD. NO. 12048. INTERNATIONAL COMMUNICATION AGENCY

Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361, as amended by

Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No.

12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including Section 11 of

Reorganization Plan No. 2 of 1977 (42 FR 62461 (December 13, 1977))

[set out above], Section 202 of the Budget and Accounting

Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and

Section 301 of Title 3 of the United States Code, and as President

of the United States of America, in order to provide for the

establishment of the International Communication Agency, it is

hereby ordered as follows:

Section 1. (a) Reorganization Plan No. 2 of 1977 (42 FR 62461),

which establishes the International Communication Agency, except

for Section 7(a)(14) thereof, is hereby effective.

(b) Section 7(a)(14) of Reorganization Plan No. 2 of 1977,

relating to the Woodrow Wilson Memorial Act of 1968 [20 U.S.C. 80e

et seq.], shall be effective on July 1, 1978.

Sec. 2. The functions vested in the Secretary of State by

Executive Order No. 11312 are assigned and redelegated to the

Director of the International Communication Agency. All authority

vested in the United States Information Agency or its Director by

Executive order is reassigned and redelegated to the International

Communication Agency or its Director, respectively.

Sec. 3. In order to ensure appropriate coordination among the

Executive agencies, the Director of the International Communication

Agency shall exercise primary responsibility for Government-wide

policy guidance for international informational, educational, and

cultural activities, including exchange programs. The Director

shall take into account the statutory functions of the other

concerned Executive agencies.

Sec. 4. The Director of the International Communication Agency,

with the assistance of the Secretary of Education, shall prepare

and submit to the President the reports which the President is to

transmit to the Congress pursuant to Section 108(b) of the Mutual

Educational and Cultural Exchange Act of 1961, as amended (22

U.S.C. 2458).

Sec. 5. The functions vested in the President by Sections 108(c)

and 108(d) of the Mutual Educational and Cultural Exchange Act of

1961, as amended [22 U.S.C. 2458(c) and (d)], are delegated to the

Director of the International Communication Agency; because, (a)

such a delegation is in the interest of the purposes expressed in

that Act and the efficient administration of the programs

undertaken pursuant thereto, (b) the Director is an appropriate

official to perform those functions, and (c) those functions are

not now delegated to any other officer of the Government.

Sec. 6. The Director of the International Communication Agency

shall be the principal adviser to the President, the National

Security Council, and the Secretary of State on international

informational, educational, and cultural matters. As such, the

Director shall provide advice within the policy formulation

activities of the National Security Council when such matters are

considered. The Director shall ensure that the senior official of

the Agency at each diplomatic mission provides advice to the Chief

of Mission on such matters. The scope of the Director's advice

shall include assessments of the impact of actual and proposed

United States foreign policy decisions on public opinion abroad.

Sec. 7. The records, property, personnel, and unexpended balances

of appropriations, available or to be made available, which relate

to the functions transferred or reassigned, or redelegated as

provided in this Order, are hereby transferred to the Director of

the International Communication Agency.

Sec. 8. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions,

necessary or appropriate to effectuate the transfers or

reassignments provided in this Order, including the transfer of

funds, records, property, and personnel.

Sec. 9. This Order shall be effective on April 1, 1978.

Sec. 10. In accord with the name change provisions of Section 303

of Public Law 97-241 [set out as a note above] and effective on

August 24, 1982, references in this Order to the International

Communication Agency shall be deemed to be references to the United

States Information Agency.

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1461-1a, 1465bb, 6552 of

this title.

-FOOTNOTE-

(!1) Actually transmitted Oct. 12, 1977.

(!2) As amended Nov. 1, 1977, and Nov. 3, 1977.

-End-

-CITE-

22 USC Sec. 1461-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461-1. Mission of United States Information Agency

-STATUTE-

The mission of the United States Information Agency shall be to

further the national interest by improving United States relations

with other countries and peoples through the broadest possible

sharing of ideas, information, and educational and cultural

activities. In carrying out this mission, the United States

Information Agency shall, among other activities -

(1) conduct Government-sponsored information, educational, and

cultural activities designed -

(A) to provide other peoples with a better understanding of

the policies, values, institutions, and culture of the United

States; and

(B) within the statutory limits governing domestic activities

of the Agency, to enhance understanding on the part of the

Government and people of the United States of the history,

culture, attitudes, perceptions, and aspirations of others;

(2) encourage private institutions in the United States to

develop their own exchange activities, and provide assistance for

those exchange activities which are in the broadest national

interest;

(3) coordinate international informational, educational, or

cultural activities conducted or planned by departments and

agencies of the United States Government;

(4) assist in the development of a comprehensive national

policy on international communications; and

(5) promote United States participation in international events

relevant to the mission of the Agency.

-SOURCE-

(Pub. L. 95-426, title II, Sec. 202, Oct. 7, 1978, 92 Stat. 972;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291.)

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Year 1979, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

"United States Information Agency" substituted in text for

"International Communication Agency" pursuant to section 303(b) of

Pub. L. 97-241, set out as a note under section 1461 of this title.

United States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-MISC1-

INCREASE IN FINANCIAL RESOURCES OF AGENCY FOR EXCHANGE-OF-PERSONS

ACTIVITIES

Section 203 of Pub. L. 95-426, as amended by Pub. L. 97-241,

title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291, provided that:

"The President shall, by a process of gradual expansion during the

four-year period beginning October 1, 1979, increase significantly

the financial resources expended annually by the United States

Information Agency for exchange-of-persons activities. The

President shall prepare at an early date a general plan for the

accomplishment of this goal and shall adjust that plan annually, as

he finds appropriate, in consultation with the Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6552 of this title.

-End-

-CITE-

22 USC Sec. 1461-1a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461-1a. Ban on domestic activities by United States

Information Agency

-STATUTE-

Except as provided in section 1461 of this title and this

section, no funds authorized to be appropriated to the United

States Information Agency shall be used to influence public opinion

in the United States, and no program material prepared by the

United States Information Agency shall be distributed within the

United States. This section shall not apply to programs carried out

pursuant to the Mutual Educational and Cultural Exchange Act of

1961 (22 U.S.C. 2451 et seq.). The provisions of this section shall

not prohibit the United States Information Agency from responding

to inquiries from members of the public about its operations,

policies, or programs.

-SOURCE-

(Pub. L. 99-93, title II, Sec. 208, Aug. 16, 1985, 99 Stat. 431;

Pub. L. 103-236, title II, Sec. 232, Apr. 30, 1994, 108 Stat. 424.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in text, is Pub. L. 87-256, Sept. 21, 1961, 75 Stat.

527, as amended, which is classified principally to chapter 33

(Sec. 2451 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2451 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Years 1986 and 1987, and not as part of

the United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 inserted at end "The provisions of this

section shall not prohibit the United States Information Agency

from responding to inquiries from members of the public about its

operations, policies, or programs."

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6552 of this title.

-End-

-CITE-

22 USC Sec. 1461a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461a. Omitted

-COD-

CODIFICATION

Section, act Aug. 31, 1960, Pub. L. 86-678, title IV, 74 Stat.

569, which related to exchange of funds in connection with

establishments abroad, was from the Departments of State and

Justice, the Judiciary, and Related Agencies Appropriation Act,

1961, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation acts:

July 13, 1959, Pub. L. 86-84, title IV, 73 Stat. 194.

June 30, 1958, Pub. L. 85-474, title IV, 72 Stat. 257.

June 11, 1957, Pub. L. 85-49, title IV, 71 Stat. 68.

June 20, 1956, ch. 414, title IV, 70 Stat. 312.

July 7, 1955, ch. 279, title IV, 69 Stat. 279.

July 2, 1954, ch. 456, title IV, 68 Stat. 432.

-End-

-CITE-

22 USC Sec. 1461b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461b. Indemnification of owners of short-wave radio

facilities against loss or damage

-STATUTE-

Notwithstanding the provisions of sections 1341, 1342, 1349 to

1351 and subchapter II of chapter 15 of title 31, the United States

Information Agency is authorized, in making contracts for the use

of international shortwave radio stations and facilities, to agree

on behalf of the United States to indemnify the owners and

operators of said radio stations and facilities from such funds as

may be hereafter appropriated for the purpose against loss or

damage on account of injury to persons or property arising from

such use of said radio stations and facilities.

-SOURCE-

(Pub. L. 95-431, title V, Sec. 501, Oct. 10, 1978, 92 Stat. 1041;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291.)

-COD-

CODIFICATION

"Sections 1341, 1342, and 1349 to 1351 and subchapter II of

chapter 15 of title 31" substituted in text for "section 3679 of

the Revised Statutes, as amended (31 U.S.C. 665)" on authority of

Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

Section was enacted as part of appropriation act, cited as the

credit to this section, and not as part of the United States

Information and Educational Exchange Act of 1948 which comprises

this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Aug. 2, 1977, Pub. L. 95-86, title V, 91 Stat. 441.

July 14, 1976, Pub. L. 94-362, title V, 90 Stat. 960.

Oct. 21, 1975, Pub. L. 94-121, title V, 89 Stat. 639.

Oct. 5, 1974, Pub. L. 93-433, title V, 88 Stat. 1207.

Nov. 27, 1973, Pub. L. 93-162, title V, 87 Stat. 657.

Oct. 25, 1972, Pub. L. 92-544, title V, 86 Stat. 1132.

Aug. 10, 1971, Pub. L. 92-77, title V, 85 Stat. 269.

Oct. 21, 1970, Pub. L. 91-472, title V, 84 Stat. 1062.

Dec. 24, 1969, Pub. L. 91-153, title V, 83 Stat. 425.

Aug. 9, 1968, Pub. L. 90-470, title V, 82 Stat. 690.

Nov. 8, 1967, Pub. L. 90-133, title V, 81 Stat. 433.

Nov. 8, 1966, Pub. L. 89-797, title V, 80 Stat. 1504.

Sept. 2, 1965, Pub. L. 89-164, title V, 79 Stat. 643.

Aug. 31, 1964, Pub. L. 88-527, title V, 78 Stat. 734.

Dec. 30, 1963, Pub. L. 88-245, title V, 77 Stat. 800.

Oct. 18, 1962, Pub. L. 87-843, title V, 76 Stat. 1104.

Sept. 21, 1961, Pub. L. 87-264, title IV, 75 Stat. 557.

Aug. 31, 1960, Pub. L. 86-678, title IV, 74 Stat. 569.

July 13, 1959, Pub. L. 86-84, title IV, 73 Stat. 194.

June 30, 1958, Pub. L. 85-474, title IV, 72 Stat. 257.

June 11, 1957, Pub. L. 85-49, title IV, 71 Stat. 67.

June 20, 1956, ch. 414, title IV, 70 Stat. 312.

July 7, 1955, ch. 279, title IV, 69 Stat. 279.

July 2, 1954, ch. 456, title IV, 68 Stat. 432.

-TRANS-

TRANSFER OF FUNCTIONS

"United States Information Agency" substituted in text for

"International Communication Agency" pursuant to section 303(b) of

Pub. L. 97-241, set out as a note under section 1461 of this title.

United States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-End-

-CITE-

22 USC Sec. 1461c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1461c. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-470, title V, Aug. 9, 1968, 82 Stat. 690,

which related to a one year extension to existing appointments and

assignments to the Foreign Service Reserve for foreign information

and educational activities which would otherwise have expired, was

not repeated in subsequent appropriation acts. Similar provisions

were contained in the following prior appropriation acts:

Nov. 8, 1967, Pub. L. 90-133, title V, 81 Stat. 433.

Nov. 8, 1966, Pub. L. 89-797, title V, 80 Stat. 1504, 1505.

Sept. 2, 1965, Pub. L. 89-164, title V, 79 Stat. 643.

Aug. 31, 1964, Pub. L. 88-527, title V, 78 Stat. 734.

Dec. 30, 1963, Pub. L. 88-245, title V, 77 Stat. 800.

Oct. 18, 1962, Pub. L. 87-843, title V, 76 Stat. 1104.

Sept. 21, 1961, Pub. L. 87-264, title IV, 75 Stat. 558.

Aug. 31, 1960, Pub. L. 86-678, title IV, 74 Stat. 569.

July 13, 1959, Pub. L. 86-84, title IV, 73 Stat. 194.

June 30, 1958, Pub. L. 85-474, title IV, 72 Stat. 258.

June 11, 1957, Pub. L. 85-49, title IV, 71 Stat. 68.

June 20, 1956, ch. 414, title IV, 70 Stat. 312.

July 7, 1955, ch. 279, title IV, 69 Stat. 279.

July 2, 1954, ch. 456, title IV, 68 Stat. 432.

-End-

-CITE-

22 USC Sec. 1462 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1462. Policies governing information activities

-STATUTE-

In authorizing international information activities under this

chapter, it is the sense of the Congress (1) that the Secretary

shall reduce such Government information activities whenever

corresponding private information dissemination is found to be

adequate; (2) that nothing in this chapter shall be construed to

give the Department a monopoly in the production or sponsorship on

the air of short-wave broadcasting programs, or a monopoly in any

other medium of information.

-SOURCE-

(Jan. 27, 1948, ch. 36, title V, Sec. 502, 62 Stat. 10.)

-End-

-CITE-

22 USC Sec. 1463 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1463. Repealed. Pub. L. 103-236, title III, Sec. 315(a), Apr.

30, 1994, 108 Stat. 445

-MISC1-

Section, act Jan. 27, 1948, ch. 36, title V, Sec. 503, as added

July 12, 1976, Pub. L. 94-350, title II, Sec. 206, 90 Stat. 831;

amended 1977 Reorg. Plan No. 2, Secs. 5, 7(a)(1), 42 F.R. 62461, 91

Stat. 1636, 1637; Aug. 24, 1982, Pub. L. 97-241, title III, Sec.

303(b), 96 Stat. 291, related to principles governing

communications of Voice of America broadcasts.

-End-

-CITE-

22 USC Sec. 1464 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1464. Voice of America/Europe

-STATUTE-

As part of its duties and programs under this subchapter, Voice

of America/Europe shall -

(1) target news and features in accordance with the findings

and recommendations of the Young European Survey;

(2) conduct periodic audience evaluations and measurements; and

(3) promote and advertise Voice of America/Europe.

-SOURCE-

(Jan. 27, 1948, ch. 36, title V, Sec. 504, as added Pub. L.

100-204, title IV, Sec. 402, Dec. 22, 1987, 101 Stat. 1381.)

-End-

-CITE-

22 USC Sec. 1464a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1464a. Broadcasting Board of Governors satellite and

television

-STATUTE-

(a) In general

The Broadcasting Board of Governors is authorized to lease or

otherwise acquire time on commercial or United States Government

satellites for the purpose of transmitting materials and programs

to posts and other users abroad.

(b) Broadcast principles

The Congress finds that the long-term interests of the United

States are served by communicating directly with the peoples of the

world by television. To be effective, the Broadcasting Board of

Governors must win the attention and respect of viewers. These

principles will therefore govern the television broadcasts of the

United States International Television Service:

(1) The United States International Television Service will

serve as a consistently reliable and authoritative source of

news. The United States International Television Service news

will be accurate and objective.

(2) The United States International Television Service will

represent the United States, not any single segment of American

society and will, therefore, present a balanced and comprehensive

projection of significant American thought and institutions.

(3) The United States International Television Service will

present the policies of the United States clearly and effectively

and will also present responsible discussions and opinion on

these policies.

(c) Programs

The Broadcasting Board of Governors is authorized to produce,

acquire, or broadcast television programs, via satellite, only if

such programs -

(1) are interactive, consisting of interviews among

participants in different locales;

(2) cover news, public affairs, or other current events;

(3) cover official activities of government, Federal or State,

including congressional proceedings and news briefings of any

agency of the Executive branch; or

(4) are of an artistic or scientific character or are otherwise

representative of American culture.

(d) Costs

When a comparable program produced by United States public or

commercial broadcasters and producers is available at a cost which

is equal to or less than the cost of production by the United

States International Television Service, the Broadcasting Board of

Governors shall use such materials in preference to the United

States International Television Service produced materials.

(e) Allocation of funds

(1) Of the funds authorized to be appropriated to the

Broadcasting Board of Governors not more than $12,000,000 for the

fiscal year 1990 and not more than $12,480,000 for the fiscal year

1991 may be obligated or expended for the United States

International Television Service.

(2) The Broadcasting Board of Governors shall prepare and submit

to the Congress quarterly reports which contain a detailed

explanation of expenditures for the United States International

Television Service during the fiscal years 1990 and 1991. Such

reports shall contain specific justification and supporting

information pertaining to all programs, particularly those

described in subsection (c)(4) of this section, that were produced

in-house by the United States International Television Service.

Each such report shall include a statement by the Broadcasting

Board of Governors that, according to the best information

available to the Broadcasting Board of Governors, no comparable

United States commercially-produced or public television program is

available at a cost which is equal to or less than the cost of

production by the United States International Television Service.

(3) Of the funds authorized to be appropriated to the

Broadcasting Board of Governors, $1,500,000 for the fiscal year

1990 and $1,500,000 for the fiscal year 1991 shall be available

only for the purchase or use of programs produced with grants from

the Corporation for Public Broadcasting or produced by United

States public broadcasters.

-SOURCE-

(Jan. 27, 1948, ch. 36, title V, Sec. 505, as added Pub. L.

101-246, title II, Sec. 205(a), Feb. 16, 1990, 104 Stat. 50;

amended Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1335(a)(1), Oct. 21, 1998, 112 Stat. 2681-786.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1335(a)(1)(A),

substituted "Broadcasting Board of Governors" for "Director of the

United States Information Agency".

Subsec. (b). Pub. L. 105-277, Sec. 1335(a)(1)(B), (C)(i), in

introductory provisions, substituted "Broadcasting Board of

Governors" for "United States Information Agency" and "television

broadcasts of the United States International Television Service"

for "Agency's television broadcasts (hereinafter in this section

referred to as 'USIA-TV')".

Subsec. (b)(1) to (3). Pub. L. 105-277, Sec. 1335(a)(1)(C)(ii),

substituted "The United States International Television Service"

for "USIA-TV", wherever appearing.

Subsec. (c). Pub. L. 105-277, Sec. 1335(a)(1)(A), substituted

"Broadcasting Board of Governors" for "Director of the United

States Information Agency" in introductory provisions.

Subsec. (d). Pub. L. 105-277, Sec. 1335(a)(1)(A), (D),

substituted "Broadcasting Board of Governors" for "Director of the

United States Information Agency" and substituted "the United

States International Television Service" for "USIA-TV" in two

places.

Subsec. (e)(1). Pub. L. 105-277, Sec. 1335(a)(1)(B), (D),

substituted "Broadcasting Board of Governors" for "United States

Information Agency" and "the United States International Television

Service" for "USIA-TV".

Subsec. (e)(2). Pub. L. 105-277, Sec. 1335(a)(1)(D), substituted

"the United States International Television Service" for "USIA-TV",

wherever appearing.

Pub. L. 105-277, Sec. 1335(a)(1)(A), (B), in first sentence,

substituted "Broadcasting Board of Governors" for "United States

Information Agency", and in last sentence, substituted

"Broadcasting Board of Governors" for "Director of the United

States Information Agency" after "statement by the" and for "United

States Information Agency" after "available to the".

Subsec. (e)(3). Pub. L. 105-277, Sec. 1335(a)(1)(B), substituted

"Broadcasting Board of Governors" for "United States Information

Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

TELEVISION SERVICE OF USIA

Pub. L. 100-204, title II, Sec. 207, Dec. 22, 1987, 101 Stat.

1374, which provided that the television and film service of the

United States Information Agency was to operate under same criteria

and conditions as specified for Voice of America by section 1463 of

this title, was repealed by Pub. L. 105-277, div. G, subdiv. A,

title XIII, Sec. 1336(7), Oct. 21, 1998, 112 Stat. 2681-790.

-End-

-CITE-

22 USC Sec. 1464b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V - DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED

STATES

-HEAD-

Sec. 1464b. Voice of America hiring practices

-STATUTE-

(a) Prohibition

After February 16, 1990, the Voice of America shall not select

candidates for employment who must be or are preapproved for

employment at the Voice of America by a foreign government or an

entity controlled by a foreign government.

(b) Exception

The prohibition referred to in this section shall not apply to -

(1) participants in the Voice of America's exchange programs;

or

(2) clerical, technical, or maintenance staff at Voice of

America offices in foreign countries.

(c) Report

If the Broadcasting Board of Governors determines that the

prohibition under subsection (a) of this section would require the

termination of a specific Voice of America foreign language

service, then, not less than 90 days before the Board begins to

recruit such candidates, the Board shall submit to the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives a report concerning -

(1) the number and location of speakers of the applicable

foreign language who could be recruited by the Voice of America

without violating this section; and

(2) the efforts made by the Voice of America to recruit such

individuals for employment.

-SOURCE-

(Jan. 27, 1948, ch. 36, title V, Sec. 506, as added Pub. L.

101-246, title II, Sec. 232, Feb. 16, 1990, 104 Stat. 57; amended

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(a)(2),

Oct. 21, 1998, 112 Stat. 2681-787.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277, in introductory provisions,

substituted "Broadcasting Board of Governors" for "Director of the

United States Information Agency", "Board begins" for "Agency

begins", and "Board shall" for "Director shall".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC SUBCHAPTER V-A - RADIO BROADCASTING TO CUBA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

SUBCHAPTER V-A - RADIO BROADCASTING TO CUBA

-STATAMEND-

REPEAL OF SUBCHAPTER

Subchapter repealed upon transmittal of determination by

President under section 6063(c)(3) of this title that

democratically elected government in Cuba is in power, see section

6037(c) of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6037, 6204 of this

title.

-End-

-CITE-

22 USC Sec. 1465 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465. Congressional findings and declaration of purposes

-STATUTE-

The Congress finds and declares -

(1) that it is the policy of the United States to support the

right of the people of Cuba to seek, receive, and impart

information and ideas through any media and regardless of

frontiers, in accordance with article 19 of Universal Declaration

of Human Rights;

(2) that, consonant with this policy, radio broadcasting to

Cuba may be effective in furthering the open communication of

accurate information and ideas to the people of Cuba, in

particular information about Cuba;

(3) that such broadcasting to Cuba, operated in a manner not

inconsistent with the broad foreign policy of the United States

and in accordance with high professional standards, would be in

the national interest; and

(4) that the Voice of America already broadcasts to Cuba

information that represents America, not any single segment of

American society, and includes a balanced and comprehensive

projection of significant American thought and institutions but

that there is a need for broadcasts to Cuba which provide news,

commentary and other information about events in Cuba and

elsewhere to promote the cause of freedom in Cuba.

-SOURCE-

(Pub. L. 98-111, Sec. 2, Oct. 4, 1983, 97 Stat. 749.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 98-111 provided: "That this Act [enacting

this subchapter] may be cited as the 'Radio Broadcasting to Cuba

Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1465a, 1465d of this

title.

-End-

-CITE-

22 USC Sec. 1465a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465a. Additional functions of Broadcasting Board of Governors

-STATUTE-

(a) Radio broadcasting to Cuba

In order to carry out the objectives set forth in section 1465 of

this title, the Broadcasting Board of Governors (hereafter in this

subchapter referred to as the "Board") shall provide for the open

communication of information and ideas through the use of radio

broadcasting to Cuba. Radio broadcasting to Cuba shall serve as a

consistently reliable and authoritative source of accurate,

objective, and comprehensive news.

(b) Broadcasting as part of Voice of America

Radio broadcasting in accordance with subsection (a) of this

section shall be part of the Voice of America radio broadcasting to

Cuba and shall be in accordance with all Voice of America standards

to ensure the broadcast of programs which are objective, accurate,

balanced, and which present a variety of views.

(c) Location of broadcast facilities; frequency; leased time from

nongovernmental shortwave stations

Radio broadcasting to Cuba authorized by this subchapter shall

utilize the broadcasting facilities located at Marathon, Florida,

and the 1180 AM frequency that were used by the Voice of America

prior to October 4, 1983. Other frequencies, not on the commercial

Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be

simultaneously utilized: Provided, That no frequency shall be used

for radio broadcasts to Cuba in accordance with this subchapter

which is not also used for all other Voice of America broadcasts to

Cuba. Time leased from nongovernmental shortwave radio stations may

be used to carry all or part of the Service programs and to

rebroadcast Service programs: Provided, That not less than 30 per

centum of the programs broadcast or rebroadcast shall be regular

Voice of America broadcasts with particular emphasis on news and

programs meeting the requirements of section 1463(2) (!1) of this

title.

(d) Changes in frequencies to other AM bands; jamming and

interference

Notwithstanding subsection (c) of this section, in the event that

broadcasts to Cuba on the 1180 AM frequency are subject to jamming

or interference greater by 25 per centum or more than the average

daily jamming or interference in the twelve months preceding

September 1, 1983, the Broadcasting Board of Governors may lease

time on commercial or noncommercial educational AM band radio

broadcasting stations. The Federal Communications Commission shall

determine levels of jamming and interference by conducting regular

monitoring of the 1180 AM frequency. In the event that more than

two hours a day of time is leased, not less than 30 per centum of

the programing broadcast shall be regular Voice of America

broadcasts with particular emphasis on news and programs meeting

the requirements of section 1463(2) (!1) of this title.

(e) Voice of America: Cuba Service; Voice of America: Radio Marti

program

Any program of United States Government radio broadcasts to Cuba

authorized by this section shall be designated "Voice of America:

Cuba Service" or "Voice of America: Radio Marti program".

(f) Use of other facilities

In the event broadcasting facilities located at Marathon,

Florida, are rendered inoperable by natural disaster or by unlawful

destruction, the Broadcasting Board of Governors may, for the

period in which the facilities are inoperable but not to exceed one

hundred and fifty days, use other United States Government-owned

transmission facilities for Voice of America broadcasts to Cuba

authorized by this subchapter.

-SOURCE-

(Pub. L. 98-111, Sec. 3, Oct. 4, 1983, 97 Stat. 749; Pub. L.

105-277, div. G, subdiv. A, title XIII, Sec. 1324(1)-(3), Oct. 21,

1998, 112 Stat. 2681-780, 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 1463 of this title, referred to in subsecs. (c) and (d),

was repealed by Pub. L. 103-236, title III, Sec. 315(a), Apr. 30,

1994, 108 Stat. 445.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1324(1), (2),

substituted "Broadcasting Board of Governors" for "United States

Information Agency" and "Board" for "Agency".

Subsecs. (d), (f). Pub. L. 105-277, Sec. 1324(3), substituted

"the Broadcasting Board of Governors" for "the Director of the

United States Information Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1465b, 1465d, 1465f of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1465b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465b. Cuba Service

-STATUTE-

The Broadcasting Board of Governors shall establish within the

International Broadcasting Bureau a Cuba Service (hereafter in this

section referred to as the "Service"). The Service shall be

responsible for all radio broadcasts to Cuba authorized by section

1465a of this title. The Broadcasting Board of Governors shall

appoint a head of the Service and shall employ such staff as the

head of the Service may need to carry out his duties. The Cuba

Service shall be administered separately from other Voice of

America functions and the head of the Cuba Service shall report

directly to the Board (!1) of the International Broadcasting

Bureau.

-SOURCE-

(Pub. L. 98-111, Sec. 4, Oct. 4, 1983, 97 Stat. 750; Pub. L.

103-236, title III, Sec. 305(e)(1), formerly Sec. 305(d)(1), Apr.

30, 1994, 108 Stat. 436; Pub. L. 105-277, div. G, subdiv. A, title

XIII, Secs. 1323(f)(1), 1324(3), (4), (6), Oct. 21, 1998, 112 Stat.

2681-779, 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1324(6), substituted "Board" for

"Director" in last sentence.

Pub. L. 105-277, Sec. 1324(4), which directed the amendment of

this section by substituting "the International Broadcasting

Bureau" for "the Voice of America", was executed by making the

substitution for text in two places to reflect the probable intent

of Congress.

Pub. L. 105-277, Sec. 1324(3), which directed the substitution of

"the Broadcasting Board of Governors" for "the Director of the

United States Information Agency" each place it appears, was

executed by substituting "Broadcasting Board of Governors" for

"Director of the United States Information Agency" in two places,

to reflect the probable intent of Congress.

1994 - Pub. L. 103-236 substituted "of the Voice of America" for

"and the Associate Director for Broadcasting of the United States

Information Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1465f of this title.

-FOOTNOTE-

(!1) So in original. There is no Board of the International

Broadcasting Bureau.

-End-

-CITE-

22 USC Sec. 1465c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465c. Advisory Board for Cuba Broadcasting

-STATUTE-

(a) Establishment; membership; chairperson

There is established within the Office of the President the

Advisory Board for Cuba Broadcasting (in this subchapter (!1)

referred to as the "Advisory Board"). The Advisory Board shall

consist of nine members, appointed by the President by and with the

advice and consent of the Senate, of whom not more than five shall

be members of the same political party. The President shall

designate one member of the Advisory Board to serve as chairperson.

(b) Review; recommendations

The Advisory Board shall review the effectiveness of the

activities carried out under this subchapter and the Television

Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] and shall make

recommendations to the President and the Broadcasting Advisory (!2)

Board of Governors as it may consider necessary.

(c) Terms; vacancies

In appointing the initial voting members of the Advisory Board,

the President shall designate three members to serve for a term of

three years, three members to serve for a term of two years, and

three members to serve for a term of one year. Thereafter, the term

of each member of the Advisory Board shall be three years. The

President shall appoint, by and with the advice and consent of the

Senate, members to fill vacancies occurring prior to the expiration

of a term, in which case the members so appointed shall serve for

the remainder of such term. Any member whose term has expired may

serve until his successor has been appointed and qualified.

(d) Ex officio members

The head of the Cuba Service and the head of the Television Marti

Service shall serve, ex officio, as members of the Advisory Board.

(e) Compensation; travel expenses

Members of the Advisory Board appointed by the President shall,

while attending meetings of the Advisory Board or while engaged in

duties relating to such meetings or in other activities of the

Advisory Board pursuant to this section, including traveltime, be

entitled to receive compensation equal to the daily equivalent of

the compensation prescribed for level V of the Executive Schedule

under section 5316 of title 5. While away from their homes or

regular places of business they may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by law (5

U.S.C. 5703) for persons in the Government service employed

intermittently. The ex officio members of the Advisory Board shall

not be entitled to any compensation under this section, but may be

allowed travel expenses as provided in the preceding sentence.

(f) Procurement powers of Advisory Board

The Advisory Board may, to the extent it deems necessary to carry

out its functions under this section, procure supplies, services,

and other personal property, including specialized electronic

equipment.

(g) Indefinite life span of Advisory Board

Notwithstanding any other provision of law, the Advisory Board

shall remain in effect indefinitely.

(h) Authorization of appropriations

There are authorized to be appropriated $130,000 to carry out the

provisions of this section.

-SOURCE-

(Pub. L. 98-111, Sec. 5, Oct. 4, 1983, 97 Stat. 750; Pub. L.

101-246, title II, Sec. 245(a), Feb. 16, 1990, 104 Stat. 61; Pub.

L. 103-236, title III, Sec. 305(e)(2), formerly Sec. 305(d)(2),

Apr. 30, 1994, 108 Stat. 436; Pub. L. 105-277, div. G, subdiv. A,

title XIII, Secs. 1323(f)(1), 1324(5), Oct. 21, 1998, 112 Stat.

2681-779, 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this division", and was translated as reading "this Act", meaning

Pub. L. 98-111, which enacted this subchapter, to reflect the

probable intent of Congress.

The Television Broadcasting to Cuba Act, referred to in subsec.

(b), is part D of title II of Pub. L. 101-246, Feb. 16, 1990, 104

Stat. 58, as amended, which is classified principally to subchapter

V-B (Sec. 1465aa et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1465aa of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1324(5), substituted

"There is established within the Office of the President the

Advisory Board for Cuba Broadcasting (in this division referred to

as the 'Advisory Board')." for "There is established within the

Office of the President the Advisory Board for Cuba Broadcasting

(hereafter in this subchapter referred to as the 'Board').", and

substituted "Advisory Board" for "Board" in two places.

Subsecs. (b) to (g). Pub. L. 105-277, Sec. 1324(5)(A),

substituted "Advisory Board" for "Board" wherever appearing.

1994 - Subsec. (b). Pub. L. 103-236 substituted "Broadcasting

Board of Governors" for "Director and Associate Director for

Broadcasting of the United States Information Agency".

1990 - Pub. L. 101-246, Sec. 245(a)(1), substituted "Cuba

Broadcasting" for "Radio Broadcasting to Cuba" in section

catchline.

Subsec. (a). Pub. L. 101-246, Sec. 245(a)(2), amended subsec. (a)

generally, substituting "Cuba Broadcasting" for "Radio Broadcasting

to Cuba" and "to serve as chairperson" for "to serve as Chairman".

Subsec. (b). Pub. L. 101-246, Sec. 245(a)(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

Board shall review the effectiveness of the activities carried out

under this subchapter and shall make such recommendations to the

President, the Director and the Associate Director for Broadcasting

of the United States Information Agency as it may deem necessary."

Subsec. (d). Pub. L. 101-246, Sec. 245(a)(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

head of the Service shall serve, ex officio, as a member of the

Board."

Subsec. (e). Pub. L. 101-246, Sec. 245(a)(4), substituted "The ex

officio members" for "The ex officio member".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

FORMER REFERENCES TO ADVISORY BOARD FOR RADIO BROADCASTING TO CUBA

Section 245(b) of Pub. L. 101-246 provided that: "A reference in

any provision of law to the 'Advisory Board for Radio Broadcasting

to Cuba' shall be considered to be a reference to the 'Advisory

Board for Cuba Broadcasting'."

CONTINUED SERVICE OF BOARD MEMBERS

Section 245(c) of Pub. L. 101-246 provided that: "Each member of

the Advisory Board for Radio Broadcasting to Cuba as in existence

on the day before the effective date of the amendment made by

subsection (a) [Feb. 16, 1990] shall continue to serve for the

remainder of the term to which such member was appointed as a

member of the Advisory Board for Cuba Broadcasting."

STAFF DIRECTOR

Section 245(d) of Pub. L. 101-246, as amended by Pub. L. 105-277,

div. G, subdiv. A, title XIII, Sec. 1325(5), Oct. 21, 1998, 112

Stat. 2681-782, provided that: "The Advisory Board shall have a

staff director who shall be appointed by the Chairperson of the

Advisory Board for Cuba Broadcasting."

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The word "Advisory" probably should not

appear.

-End-

-CITE-

22 USC Sec. 1465d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465d. Assistance from other government agencies

-STATUTE-

(a) In order to assist the Broadcasting Board of Governors in

carrying out the purposes set forth in section 1465 of this title,

any agency or instrumentality of the United States may sell, loan,

lease, or grant property (including interests therein) and may

perform administrative and technical support and services at the

request of the Board. Support and services shall be provided on a

reimbursable basis. Any reimbursement shall be credited to the

appropriation from which the property, support, or services was

derived.

(b) The Board may carry out the purposes of section 1465a of this

title by means of grants, leases, or contracts (subject to the

availability of appropriations), or such other means as the Board

determines will be most effective.

-SOURCE-

(Pub. L. 98-111, Sec. 6, Oct. 4, 1983, 97 Stat. 751; Pub. L.

105-277, div. G, subdiv. A, title XIII, Sec. 1324(1), (2), Oct. 21,

1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 substituted "Broadcasting

Board of Governors" for "United States Information Agency" and

"Board" for "Agency".

Subsec. (b). Pub. L. 105-277, Sec. 1324(2), substituted "Board"

for "Agency" in two places.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 1465e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465e. Compensation for Cuban interference with broadcasting

in United States

-STATUTE-

(a) Interim assistance to United States broadcasters

It is the intent of the Congress that the Secretary of State

should seek prompt and full settlement of United States claims

against the Government of Cuba arising from Cuban interference with

broadcasting in the United States. Pending the settlement of these

claims, it is appropriate to provide some interim assistance to the

United States broadcasters who are adversely affected by Cuban

radio interference and who seek to assert their right to measures

to counteract the effects of such interference.

(b) Money payments pursuant to authority from Federal

Communications Commission

Accordingly, the Board may make payments to the United States

radio broadcasting station licensees upon their application for

expenses which they have incurred before, on, or after October 4,

1983, in mitigating, pursuant to special temporary authority from

the Federal Communications Commission, the effects of activities by

the Government of Cuba which directly interfere with the

transmission or reception of broadcasts by these licensees. Such

expenses shall be limited to the costs of equipment replaced (less

depreciation) and associated technical and engineering costs.

(c) Regulations and procedures

The Federal Communications Commission shall issue such

regulations and establish such procedures for carrying out this

section as the Federal Communications Commission finds appropriate.

Such regulations shall be issued no later than one hundred and

eighty days after October 4, 1983.

(d) Authorization of appropriations

There are authorized to be appropriated to the Board, $5,000,000

for use in compensating United States radio broadcasting licensees

pursuant to this section. Amounts appropriated under this section

are authorized to be available until expended.

(e) Four-year availability for appropriated funds

Funds appropriated for implementation of this section shall be

available for a period of no more than four years following the

initial broadcast occurring as a result of programs described in

this subchapter.

(f) Presidential task force

It is the sense of the Congress that the President should

establish a task force to analyze the level of interference from

the operation of Cuban radio stations experienced by broadcasters

in the United States and to seek a practical political and

technical solution to this problem.

(g) Effective Date

This section shall enter into effect on October 1, 1984.

-SOURCE-

(Pub. L. 98-111, Sec. 7, Oct. 4, 1983, 97 Stat. 752; Pub. L.

98-411, title V, Sec. 512, Aug. 30, 1984, 98 Stat. 1574; Pub. L.

105-277, div. G, subdiv. A, title XIII, Sec. 1324(2), Oct. 21,

1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsecs. (b), (d). Pub. L. 105-277 substituted "Board" for

"Agency".

1984 - Subsec. (b). Pub. L. 98-411 substituted "replaced (less"

for "(replaced less".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 1465f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465f. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for the Broadcasting

Board of Governors $14,000,000 for fiscal year 1984 and $11,000,000

for fiscal year 1985 to carry out sections 1465a and 1465b of this

title. The amount obligated by the Broadcasting Board of Governors

in ensuing fiscal years shall be sufficient to maintain broadcasts

to Cuba under this subchapter at rates no less than the fiscal year

1985 level.

(b) In addition to amounts otherwise authorized to be

appropriated to the Board for the fiscal years 1984 and 1985, there

are authorized to be appropriated to the Board $54,800,000 for the

fiscal year 1984 and $54,800,000 for the fiscal year 1985, which

amounts shall be available only for expenses incurred by essential

modernization of the facilities and operations of the Voice of

America.

(c) Amounts appropriated under this section are authorized to be

made available until expended.

-SOURCE-

(Pub. L. 98-111, Sec. 8, Oct. 4, 1983, 97 Stat. 752; Pub. L.

105-277, div. G, subdiv. A, title XIII, Sec. 1324(1), (2), Oct. 21,

1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Radio Broadcasting to Cuba Act

which comprises this subchapter, and not as part of the United

States Information and Educational Exchange Act of 1948 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1324(1), substituted

"Broadcasting Board of Governors" for "United States Information

Agency" in two places.

Subsec. (b). Pub. L. 105-277, Sec. 1324(2), substituted "Board"

for "Agency" in two places.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 1465g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09A - RADIO BROADCASTING TO CUBA

-HEAD-

Sec. 1465g. Repealed. Pub. L. 103-236, title I, Sec. 139(9), Apr.

30, 1994, 108 Stat. 398

-MISC1-

Section, Pub. L. 98-111, Sec. 9, Oct. 4, 1983, 97 Stat. 753,

directed United States Information Agency to arrange for

independent evaluations of Cuba Service programing for submission

to Congress.

-End-

-CITE-

22 USC SUBCHAPTER V-B - TELEVISION BROADCASTING TO CUBA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

SUBCHAPTER V-B - TELEVISION BROADCASTING TO CUBA

-STATAMEND-

REPEAL OF SUBCHAPTER

Subchapter repealed upon transmittal of determination by

President under section 6063(c)(3) of this title that

democratically elected government in Cuba is in power, see section

6037(c) of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1465c, 6037, 6204 of

this title.

-End-

-CITE-

22 USC Sec. 1465aa 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465aa. Findings and purposes

-STATUTE-

The Congress finds and declares that -

(1) it is the policy of the United States to support the right

of the people of Cuba to seek, receive, and impart information

and ideas through any media and regardless of frontiers, in

accordance with article 19 of the Universal Declaration of Human

Rights;

(2) consonant with this policy, television broadcasting to Cuba

may be effective in furthering the open communication of accurate

information and ideas to the people of Cuba and, in particular,

information about Cuba;

(3) television broadcasting to Cuba, operated in a manner not

inconsistent with the broad foreign policy of the United States

and in accordance with high professional standards, would be in

the national interest;

(4) facilities broadcasting television programming to Cuba must

be operated in a manner consistent with applicable regulations of

the Federal Communications Commission, and must not affect the

quality of domestic broadcast transmission or reception; and

(5) that (!1) the Voice of America already broadcasts to Cuba

information that represents America, not any single segment of

American society, and includes a balanced and comprehensive

projection of significant American thought and institutions, but

that there is a need for television broadcasts to Cuba which

provide news, commentary, and other information about events in

Cuba and elsewhere to promote the cause of freedom in Cuba.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 242, Feb. 16, 1990, 104 Stat. 58.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

SHORT TITLE

Section 241 of Pub. L. 101-246 provided that: "This part [part D

(Secs. 241-248) of title II of Pub. L. 101-246, enacting this

subchapter, amending section 1465c of this title, and enacting

provisions set out as notes under section 1465c of this title] may

be cited as the 'Television Broadcasting to Cuba Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1465bb of this title.

-FOOTNOTE-

(!1) So in original. The word "that" probably should not appear.

-End-

-CITE-

22 USC Sec. 1465bb 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465bb. Television broadcasting to Cuba

-STATUTE-

(a) Television broadcasting to Cuba

In order to carry out the purposes set forth in section 1465aa of

this title and notwithstanding the limitation of section 1461 of

this title with respect to the dissemination in the United States

of information prepared for dissemination abroad to the extent such

dissemination is inadvertent, the Broadcasting Board of Governors

(hereafter in this subchapter referred to as the "Agency" (!1))

shall provide for the open communication of information and ideas

through the use of television broadcasting to Cuba. Television

broadcasting to Cuba shall serve as a consistently reliable and

authoritative source of accurate, objective, and comprehensive

news.

(b) Voice of America standards

Television broadcasting to Cuba under this subchapter shall be in

accordance with all Voice of America standards to ensure the

broadcast of programs which are objective, accurate, balanced, and

which present a variety of views.

(c) Television Marti

Any program of United States Government television broadcasts to

Cuba authorized by this section shall be designated the "Television

Marti Program".

(d) Frequency assignment

(1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et

seq.], the Federal Communications Commission shall assign by order

a suitable frequency to further the national interests expressed in

this subchapter, except that no such assignment shall result in

objectionable interference with the broadcasts of any domestic

licensee.

(2) No Federal branch or agency shall compel an incumbent

domestic licensee to change its frequency in order to eliminate

objectionable interference caused by broadcasting of the Service.

(3) For purposes of section 305 of the Communications Act of 1934

[47 U.S.C. 305], a television broadcast station established for

purposes of this subchapter shall be treated as a government

station, but the Federal Communications Commission shall exercise

the authority of the President under such section to assign a

frequency to such station.

(e) Interference with domestic broadcasting

(1) Broadcasting by the Television Marti Service shall be

conducted in accordance with such parameters as shall be prescribed

by the Federal Communications Commission to preclude objectionable

interference with the broadcasts of any domestic licensee. The

Television Marti Service shall be governed by the same standards

regarding objectionable interference as any domestic licensee. The

Federal Communications Commission shall monitor the operations of

television broadcasting to Cuba pursuant to subsection (f) of this

section. If, on the basis of such monitoring or a complaint from

any person, the Federal Communications Commission determines, in

its discretion, that broadcasting by the Television Marti Service

is causing objectionable interference with the transmission or

reception of the broadcasts of a domestic licensee, the Federal

Communications Commission shall direct the Television Marti Service

to cease broadcasting and to eliminate the objectionable

interference. Broadcasts by the Service shall not be resumed until

the Federal Communications Commission finds that the objectionable

interference has been eliminated and should not recur.

(2) The Federal Communications Commission shall take such actions

as are necessary and appropriate to assist domestic licensees in

overcoming the adverse effects of objectionable interference caused

by broadcasting by the Television Marti Service. Such assistance

may include the authorization of nondirectional increases in the

effective radiated power of a domestic television station so that

its coverage is equivalent to the maximum allowable for such

facilities, to avoid any adverse effect on such stations of the

broadcasts of the Television Marti Service.

(3) If the Federal Communications Commission directs the

Television Marti Service to cease broadcasting pursuant to

paragraph (1), the Commission shall, as soon as practicable, notify

the appropriate committees of Congress of such action and the

reasons therefor. The Federal Communications Commission shall

continue to notify the appropriate committees of Congress of

progress in eliminating the objectionable interference and shall

assure that Congress is fully informed about the operation of the

Television Marti Service.

(f) Monitoring of interference

The Federal Communications Commission shall continually monitor

and periodically report to the appropriate committees of the

Congress interference to domestic broadcast licensees -

(1) from the operation of Cuban television and radio stations;

and

(2) from the operations of the television broadcasting to Cuba.

(g) Task force

It is the sense of the Congress that the President should

establish a task force to analyze the level of interference from

the operation of Cuban television and radio stations experienced by

broadcasters in the United States and to seek a practical political

and technical solution to this problem.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 243, Feb. 16, 1990, 104 Stat. 59;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1325(1), (2),

Oct. 21, 1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in subsec. (d)(1), is

act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to chapter 5 (Sec. 151 et seq.) of Title 47,

Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1325(1), substituted

"Broadcasting Board of Governors" for "United States Information

Agency".

Subsec. (c). Pub. L. 105-277, Sec. 1325(2), in heading struck out

"USIA" before "Television" and in text substituted "the

'Television" for " 'USIA Television".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (f) of this section is listed

on page 167), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

-FOOTNOTE-

(!1) So in original. Probably should be " 'Board' ".

-End-

-CITE-

22 USC Sec. 1465cc 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465cc. Television Marti Service

-STATUTE-

(a) Television Marti Service

There is within the Voice of America a Television Marti Service.

The Service shall be responsible for all television broadcasts to

Cuba authorized by this subchapter. The Broadcasting Board of

Governors shall appoint a head of the Service who shall report

directly to the International Broadcasting Bureau. The head of the

Service shall employ such staff as the head of the Service may need

to carry out the duties of the Service.

(b) Use of existing facilities of Board

To assure consistency of presentation and efficiency of

operations in conducting the activities authorized under this

subchapter, the Television Marti Service shall make maximum

feasible utilization of Board facilities and management support,

including Voice of America: Cuba Service, Voice of America, and the

United States International Television Service.

(c) Authority

The Board may carry out the purposes of this subchapter by means

of grants, leases, or contracts (subject to the availability of

appropriations), or such other means as the Board determines will

be most effective.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 244, Feb. 16, 1990, 104 Stat. 61;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1325(3), (4),

Oct. 21, 1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1325(4)(A), struck out "of the

United States Information Agency" after "Service" in section

catchline.

Subsec. (a). Pub. L. 105-277, Sec. 1325(4)(B)(ii), which directed

amendment of subsec. (a) in second sentence by substituting

"Broadcasting Board of Governors" for "Director of the United

States Information Agency" and "the International Broadcasting

Bureau" for "the Director of the Voice of America", was executed by

making the substitutions in third sentence, to reflect the probable

intent of Congress.

Pub. L. 105-277, Sec. 1325(4)(B)(i), substituted "There is" for

"The Director of the United States Information Agency shall

establish" in first sentence.

Subsec. (b). Pub. L. 105-277, Sec. 1325(4)(C), substituted "Board

facilities" for "Agency facilities" and "International" for

"Information Agency".

Subsec. (c). Pub. L. 105-277, Sec. 1325(3), (4)(D), in heading

struck out "USIA" before "Authority", and in text substituted

"Board" for "Agency" in two places.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 1465dd 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465dd. Assistance from other Government agencies

-STATUTE-

In order to assist the Broadcasting Board of Governors in

carrying out the provisions of this subchapter, any agency or

instrumentality of the United States may sell, loan, lease, or

grant property (including interests therein) and may perform

administrative and technical support and services at the request of

the Board.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 246, Feb. 16, 1990, 104 Stat. 62;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1325(1), (3),

Oct. 21, 1998, 112 Stat. 2681-781.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 substituted "Broadcasting Board of

Governors" for "United States Information Agency" and "the Board"

for "the Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 1465ee 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465ee. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

In addition to amounts otherwise made available under section 201

for such purposes, there are authorized to be appropriated to the

United States Information Agency, $16,000,000 for the fiscal year

1990 and $16,000,000 for the fiscal year 1991 for television

broadcasting to Cuba in accordance with the provisions of this

subchapter.

(b) Limitation

(1) Subject to paragraph (2), no funds authorized to be

appropriated under subsection (a) of this section may be obligated

or expended unless the President determines and notifies the

appropriate committees of Congress that the test of television

broadcasting to Cuba (as authorized by title V of the Departments

of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1989 (Public Law 100-459)) has

demonstrated television broadcasting to Cuba is feasible and will

not cause objectionable interference with the broadcasts of

incumbent domestic licensees. The Federal Communications Commission

shall furnish to the appropriate committees of Congress all interim

and final reports and other appropriate documentation concerning

objectionable interference from television broadcasting to Cuba to

incumbent domestic licensees.

(2) Not less than 30 days before the President makes the

determination under paragraph (1), the President shall submit a

report to the appropriate committees of the Congress which includes

the findings of the test of television broadcasting to Cuba. The

period for the test of television broadcasting may be extended

until -

(A) the date of the determination and notification by the

President under paragraph (1), or

(B) 30 days,

whichever comes first.

(c) Availability of funds

Amounts appropriated to carry out the purposes of this subchapter

are authorized to be available until expended.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 247, Feb. 16, 1990, 104 Stat. 62;

Pub. L. 102-138, title II, Sec. 232, Oct. 28, 1991, 105 Stat. 703.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 201, referred to in subsec. (a), means section 201 of

Pub. L. 101-246, title II, Feb. 16, 1990, 104 Stat. 48, which was

not classified to the Code.

Title V of the Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 1989 (Public

Law 100-459), referred to in subsec. (b)(1), is title V of Pub. L.

100-459, Oct. 1, 1988, 102 Stat. 2213, which was not classified to

the Code.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1991 - Subsec. (c). Pub. L. 102-138 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-EXEC-

TELEVISION BROADCASTING TO CUBA

Determination of President of the United States, No. 90-35, Aug.

26, 1990, 55 F.R. 38659, provided:

Pursuant to the authority vested in me by section 247 of the

Foreign Relations Authorization Act, Fiscal Years 1990 and 1991

(Public Law 101-246) (the Act) [this section], I hereby determine

that the test of television broadcasting to Cuba (as authorized by

title V of the Departments of Commerce, Justice, and State, the

Judiciary and Related Agencies Appropriations Act, 1989 (Public Law

100-459) [Pub. L. 100-459, title V, Oct. 1, 1988, 102 Stat. 2213]),

has demonstrated television broadcasting to Cuba is feasible and

will not cause objectionable interference with the broadcasts of

incumbent domestic licensees.

You are authorized and directed to transmit this determination to

the appropriate committees of Congress (as defined in section 248

of the Act [22 U.S.C. 1465ff]) and to arrange for its publication

in the Federal Register.

George Bush.

-End-

-CITE-

22 USC Sec. 1465ff 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER V09B - TELEVISION BROADCASTING TO CUBA

-HEAD-

Sec. 1465ff. Definitions

-STATUTE-

As used in this subchapter -

(1) the term "licensee" has the meaning provided in section

153(c) (!1) of title 47;

(2) the term "incumbent domestic licensee" means a licensee as

provided in section 153(c) (!1) of title 47 that was broadcasting

a television signal as of January 1, 1989;

(3) the term "objectionable interference" shall be applied in

the same manner as such term is applied under regulations of the

Federal Communications Commission to other domestic broadcasters;

and

(4) the term "appropriate committees of Congress" includes the

Committee on Foreign Affairs and the Committee on Energy and

Commerce of the House of Representatives and the Committee on

Foreign Relations of the Senate.

-SOURCE-

(Pub. L. 101-246, title II, Sec. 248, Feb. 16, 1990, 104 Stat. 62.)

-STATAMEND-

REPEAL OF SECTION

Section repealed upon transmittal of determination by President

under section 6063(c)(3) of this title that democratically elected

government in Cuba is in power, see section 6037(c) of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 153 of title 47, referred to in pars. (1) and (2), was

subsequently amended, and section 153(c) no longer defines

"licensee". However, such term is defined elsewhere in that

section.

-COD-

CODIFICATION

Section was enacted as part of the Television Broadcasting to

Cuba Act which comprises this subchapter, and not as part of the

United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives and Committee on Energy and Commerce of House of

Representatives treated as referring to Committee on Commerce of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress. Committee

on Commerce of House of Representatives changed to Committee on

Energy and Commerce of House of Representatives, and jurisdiction

over matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE

POLICIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE POLICIES

-HEAD-

SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE POLICIES

-End-

-CITE-

22 USC Secs. 1466 to 1468 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE POLICIES

-HEAD-

Secs. 1466 to 1468. Omitted

-COD-

CODIFICATION

Sections 1466 to 1468 of this title, contained provisions

relating to the United States Advisory Commission on Information,

and the United States Advisory Commission on Educational Exchange.

Public Law 87-256, Secs. 106, 111(a)(2), Sept. 21, 1961, 75 Stat.

532, 538, replaced the Advisory Commission on Educational Exchange

with the Advisory Commission on International Educational and

Cultural Affairs and repealed these sections insofar as they

related to the Advisory Commission on Educational Exchange. The

Advisory Commission on International Educational and Cultural

Affairs and the Advisory Commission on Information were both

abolished by Reorg. Plan No. 2 of 1977, Sec. 9(a)(3), (4), 42 F.R.

62461, 91 Stat. 1639, set out under section 1461 of this title,

effective on or before July 1, 1978, at such time as specified by

the President.

Section 1466, acts Jan. 27, 1948, ch. 36, Sec. 601, 62 Stat. 10;

Sept. 21, 1961, Pub. L. 87-256, Sec. 111(a)(2), 75 Stat. 538,

created the United States Advisory Commission on Information, and

the United States Advisory Commission on Educational Exchange and

provided for the duties of the Commissions.

Section 1467, acts Jan. 27, 1948, ch. 36, title VI, Sec. 602, 62

Stat. 10; Sept. 21, 1961, Pub. L. 87-256, Sec. 111(a)(2), 75 Stat.

538, provided for the composition, membership, terms of office,

compensation, designation of chairmen, rules and regulations, and

representation of the public interest, for the Commission on

Information and the Commission on Educational Exchange.

Section 1468, acts Jan. 27, 1948, ch. 36, title VI, Sec. 603, 62

Stat. 11; Sept. 21, 1961, Pub. L. 87-256, Sec. 111(a)(2), 75 Stat.

538, provided that the Commissions report to Congress on programs

and activities carried out under this chapter, including

recommendations for effectuating the purposes and objectives of

this chapter.

-End-

-CITE-

22 USC Sec. 1469 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VI - ADVISORY COMMISSIONS TO FORMULATE POLICIES

-HEAD-

Sec. 1469. United States Advisory Commission on Public Diplomacy

-STATUTE-

(a) Establishment

(1) There is established an advisory commission to be known as

the United States Advisory Commission on Public Diplomacy.

(2) The Commission shall consist of seven members appointed by

the President, by and with the advice and consent of the Senate.

The members of the Commission shall represent the public interest

and shall be selected from a cross section of educational,

communications, cultural, scientific, technical, public service,

labor, business, and professional backgrounds. Not more than four

members shall be from any one political party.

(3) The term of each member shall be 3 years, except that of the

original seven appointments, two shall be for a term of 1 year and

two shall be for a term of 2 years.

(4) Any member appointed to fill a vacancy occurring before the

expiration of the term for which a predecessor was appointed shall

be appointed for the remainder of such term. Upon the expiration of

a member's term of office, such member may continue to serve until

a successor is appointed and qualified.

(5) The President shall designate a member to chair the

Commission.

(b) Staff

The Commission shall have a staff director who shall be appointed

by the chairperson of the Commission. Subject to such rules and

regulations as may be adopted by the Commission, the chairperson of

the Commission may -

(1) appoint such additional personnel for the staff of the

Commission as the chairperson considers necessary; and

(2) procure temporary and intermittent services to the same

extent as is authorized by section 3109(b) of title 5, but at

rates for individuals not to exceed the daily equivalent of the

annual rate of basic pay payable for grade GS-18 of the General

Schedule under section 5332 of title 5.

(c) Duties and responsibilities

(1) The Commission shall formulate and recommend to the Director

of the United States Information Agency, the Secretary of State,

and the President policies and programs to carry out the functions

vested in the Director or the Agency, and shall appraise the

effectiveness of policies and programs of the Agency.

(2) The Commission shall submit to the Congress, the President,

the Secretary of State, and the Director of the United States

Information Agency annual reports on programs and activities

carried out by the Agency, including appraisals, where feasible, as

to the effectiveness of the several programs. The Commission shall

also include in such reports such recommendations as shall have

been made by the Commission to the Director for effectuating the

purposes of the Agency, and the action taken to carry out such

recommendations.

(3) The Commission may also submit such other reports to the

Congress as it considers appropriate, and shall make reports to the

public in the United States and abroad to develop a better

understanding of and support for the programs conducted by the

Agency.

(4) The Commission's reports to the Congress shall include

assessments of the degree to which the scholarly integrity and

nonpolitical character of the educational and cultural exchange

activities vested in the Director of the United States Information

Agency have been maintained, and assessments of the attitudes of

foreign scholars and governments regarding such activities.

(d) Limitation on authority

The Commission shall have no authority with respect to the J.

William Fulbright Foreign Scholarship Board or the United States

National Commission for UNESCO.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VI, Sec. 604, as added Pub. L. 96-60,

title II, Sec. 203(f), Aug. 15, 1979, 93 Stat. 399; amended Pub. L.

100-204, title II, Sec. 213, Dec. 22, 1987, 101 Stat. 1376; Pub. L.

101-246, title II, Sec. 206(a), Feb. 16, 1990, 104 Stat. 51; Pub.

L. 105-277, div. G, subdiv. A, title XIII, Sec. 1334(b), Oct. 21,

1998, 112 Stat. 2681-786; Pub. L. 106-113, div. B, Sec. 1000(a)(7)

[div. A, title IV, Sec. 404(a), (c)], Nov. 29, 1999, 113 Stat.

1536, 1501A-446, 1501A-447; Pub. L. 107-77, title IV, Sec. 407(c),

Nov. 28, 2001, 115 Stat. 790.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-77 reenacted this section. See Reenactment and

Repeal of Certain Provisions of Law note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title IV, Sec.

404(c)(2)], repealed this section. See Reenactment and Repeal of

Certain Provisions of Law note below.

Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title IV, Sec. 404(a),

(c)(1)], amended Pub. L. 105-277, Sec. 1334, generally (see 1998

Amendment note below) and reenacted this section. See Reenactment

and Repeal of Certain Provisions of Law note below.

1998 - Pub. L. 105-277, Sec. 1334(b), which directed the repeal

of this section, was omitted in the general amendment of Pub. L.

105-277, Sec. 1334, by Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title IV, Sec. 404(a)]. See 1999 Amendment note above.

1990 - Pub. L. 101-246 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (d) relating to

redesignation of United States Advisory Commission on International

Communication, Cultural and Educational Affairs as United States

Advisory Commission on Public Diplomacy, appointment of members,

appointment of staff director and staff personnel, date of section

entering into force as being Jan. 20, 1989, and repeal of

prohibition limiting membership of individuals from same political

party.

1987 - Pub. L. 100-204 amended section generally, revising and

restating as subsecs. (a) to (d) provisions of former subsecs. (a)

and (b).

EFFECTIVE DATE

Section 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 of 1979 Amendment note

under section 1471 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-MISC2-

REENACTMENT AND REPEAL OF CERTAIN PROVISIONS OF LAW

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec.

404(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that:

"(1) Reenactment. - The provisions of law repealed by section

1334 [22 U.S.C. 6553] of the Foreign Affairs Reform and

Restructuring Act of 1998 [repealing this section and section 8 of

Reorganization Plan No. 2 of 1977, set out under section 1461 of

this title and in the Appendix to Title 5, Government Organization

and Employees], as in effect before the date of the enactment of

this Act [Nov. 29, 1999], are hereby reenacted into law.

"(2) Repeal. - Effective September 30, 2001, section 604 of the

United States Information and Educational Exchange Act of 1948 (22

U.S.C. 1469) and section 8 of the Reorganization Plan Numbered 2 of

1977 are repealed."

[Pub. L. 107-77, title IV, Sec. 407(c), Nov. 28, 2001, 115 Stat.

790, reenacted into law the provisions that were repealed by

section 1000(a)(7) [div. A, title IV, Sec. 404(c)(2)] of div. B of

Pub. L. 106-113, set out above.]

CONTINUITY OF ADVISORY COMMISSION

Pub. L. 107-77, title IV, Sec. 407(d), Nov. 28, 2001, 115 Stat.

790, provided that: "Notwithstanding any other provision of law,

any period of discontinuity of the United States Advisory

Commission on Public Diplomacy shall not affect the appointment or

terms of service of members of the commission."

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec.

404(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that:

"Notwithstanding any other provision of law, any period of

discontinuity of the United States Advisory Commission on Public

Diplomacy shall not affect the appointment or terms of service of

members of the commission."

REDUCTION IN STAFF AND BUDGET

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec.

404(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that:

"Notwithstanding section 604(b) of the United States Information

and Educational Exchange Act of 1948 [22 U.S.C. 1469(b)], effective

on the date of the enactment of this Act [Nov. 29, 1999], the

United States Advisory Commission on Public Diplomacy shall have

not more than 2 individuals who are compensated staff, and not more

than 50 percent of the resources allocated in fiscal year 1999."

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

CONTINUED SERVICE OF COMMISSION MEMBERS

Pub. L. 101-246, title II, Sec. 206(b), Feb. 16, 1990, 104 Stat.

53, provided that each member of the United States Advisory

Commission on Public Diplomacy as in existence on the day before

Jan. 20, 1989, was to continue to serve for the remainder of the

term to which such member was appointed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6553 of this title.

-End-

-CITE-

22 USC SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2458 of this title.

-End-

-CITE-

22 USC Sec. 1471 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1471. Authority of Secretary of State

-STATUTE-

In carrying out the purposes of this chapter, the Secretary is

authorized, in addition to and not in limitation of the authority

otherwise vested in him -

(1) In carrying out subchapter II of this chapter, 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) whenever necessary in carrying out subchapter V of this

chapter, to purchase, rent, construct, improve, maintain, and

operate facilities for radio and television transmission and

reception, including the leasing of associated real property

(either within or outside the United States) for periods not to

exceed forty years, 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 (!1) of the Act of

June 30, 1932, and any such real property or interests therein

which are outside the United States may be acquired without

regard to sections 3111 and 3112 of title 40 if the sufficiency

of the title to such real property or interests therein is

approved by the Director of the United States Information Agency;

(4) to provide for printing and binding outside the continental

limits of the United States, without regard to section 501 of

title 44;

(5) 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;

(6) to create such advisory committees as the Secretary may

decide to be of assistance in formulating his policies for

carrying out the purposes of this chapter. 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 5703 of title 5; and

(7) notwithstanding any other provision of law, to carry out

projects involving security construction and related improvements

for overseas public diplomacy facilities not physically located

together with other Department of State facilities abroad.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 801, 62 Stat. 11; Pub. L.

87-139, Sec. 11, Aug. 14, 1961, 75 Stat. 341; 1977 Reorg. Plan No.

2, Secs. 8(b), 9(a)(3), (4), 42 F.R. 62461, 91 Stat. 1637-1639;

Pub. L. 96-60, title II, Secs. 203(b)(1), (e), 204(a), Aug. 15,

1979, 93 Stat. 398-400; Pub. L. 97-241, title III, Sec. 303(b),

Aug. 24, 1982, 96 Stat. 291; Pub. L. 98-164, title II, Sec. 217,

Nov. 22, 1983, 97 Stat. 1036; Pub. L. 100-204, title II, Sec. 205,

Dec. 22, 1987, 101 Stat. 1374; Pub. L. 102-138, title II, Sec. 203,

Oct. 28, 1991, 105 Stat. 692; Pub. L. 103-236, title II, Sec. 222,

Apr. 30, 1994, 108 Stat. 421; Pub. L. 105-277, div. G, subdiv. A,

title XIII, Sec. 1335(a)(4), Oct. 21, 1998, 112 Stat. 2681-787.)

-REFTEXT-

REFERENCES IN TEXT

Section 322 of the Act of June 30, 1932, referred to in par. (3),

is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412, which

was classified to section 278a of former Title 40, Public

Buildings, Property, and Works, and was repealed by Pub. L.

100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052.

The civil-service laws, referred to in par. (5), 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. (5), are classified

generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III

(Sec. 5331 et seq.) of chapter 53 of Title 5.

-COD-

CODIFICATION

"Sections 3111 and 3112 of title 40" substituted in par. (3) for

"section 355 of the Revised Statutes of the United States (40

U.S.C. 255)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

In par. (4), "section 501 of title 44" substituted for "section

11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of

Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first

section of which enacted Title 44, Public Printing and Documents.

In par. (6), ", with the approval of the Commission on

Information and the Commission on Educational Exchange," was

deleted pursuant to Reorg. Plan No. 2 of 1977, Sec. 9(a)(3), (4),

42 F.R. 62461, 91 Stat. 1639, set out under section 1461 of this

title, which abolished both the United States Advisory Commission

on Information, and the United States Advisory Commission on

International Educational and Cultural Affairs [which replaced the

Advisory Commission on Educational Exchange], effective on or

before July 1, 1978, at such time as specified by the President.

In par. (6), "section 5703 of title 5" substituted for "section 5

of the Administrative Expenses Act of 1946, as amended, (5 U.S.C.

73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1998 - Par. (7). Pub. L. 105-277 substituted "overseas public

diplomacy" for "Agency" and inserted "other" after "together with".

1994 - Par. (7). Pub. L. 103-236 added par. (7).

1991 - Par. (3). Pub. L. 102-138 inserted "and television" after

"radio".

1987 - Par. (3). Pub. L. 100-204 substituted "forty" for

"twenty-five".

1983 - Par. (3). Pub. L. 98-164 substituted "twenty-five" for

"ten".

1979 - Par. (1). Pub. L. 96-60, Sec. 204(a), struck out "within

the limitation of such appropriations as the Congress may provide,"

after "chapter,".

Par. (3). Pub. L. 96-60, Sec. 203(e), substituted "leasing of

associated real property (either within or outside the United

States)" for "leasing of real property both within and without the

continental limits of the United States" and provided for

alteration, improvement, and repair of such property, without

regard to section 278a of title 40, and for acquisition of such

property or interests therein which are outside the United States

without regard to section 255 of title 40 if the sufficiency of the

title to such property or interests therein is approved by the

Director.

Par. (5). Pub. L. 96-60, Sec. 203(b)(1), struck out provision for

employment of aliens within the United States limited to services

related to the translation or narration of colloquial speech in

foreign languages when suitably qualified United States citizens

were not available, now covered in section 1474(1) of this title,

and inserted "pertinent" before "appropriation".

1961 - Par. (6). Pub. L. 87-139 substituted provisions

authorizing payment of transportation and other expenses as

authorized by section 73b-2 of title 5, for provisions which

allowed payment of actual transportation expenses and a maximum of

$10 per diem.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 209 of Pub. L. 96-60 provided that: "The amendments made

by sections 203 and 204 [enacting section 1469 and section 1477b of

this title, amending this section, sections 1474, 1475a, 2454,

2458, and 2458a of this title, section 1304 of Title 5, Government

Organization and Employees, and section 474 of former Title 40,

Public Buildings, Property, and Works, and repealing section 1434

of this title] shall take effect on October 1, 1979, and to the

extent that they provide new authorities involving the expenditure

of appropriated funds, shall apply only with respect to funds

appropriated after the date of enactment of this Act [Aug. 15,

1979]."

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the United States Information Agency" substituted

for "Director of the International Communication Agency" in par.

(3) 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 the Director thereof. United States

Information Agency (other than Broadcasting Board of Governors and

International Broadcasting Bureau) abolished and functions

transferred to Secretary of State, see sections 6531 and 6532 of

this title.

The Commission on Educational Exchange, created by section 1466

of this title, abolished pursuant to Pub. L. 87-256, Sec.

111(a)(2), Sept. 21, 1961, 75 Stat. 538.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

CONTRACTOR REQUIREMENTS

Section 403 of Pub. L. 100-204 provided that:

"(a) Findings. - The Congress finds that the overriding national

security aspects of the $1,300,000,000 facilities modernization

program of the Voice of America require the assurance of

uninterrupted logistic support under all circumstances for the

program. Therefore, it is in the best interests of the United

States to provide a preference for United States contractors

bidding on the projects of this program.

"(b) Responsive Bid. - A bid shall not be treated as a responsive

bid for purposes of the facilities modernization program of the

Voice of America unless the bidder can establish that the United

States goods and services content, excluding consulting and

management fees, of his proposal and the resulting contract will

not be less than 55 percent of the value of his proposal and the

resulting total contract.

"(c) Preference for United States Contractors. - Notwithstanding

any other provision of law, in any case where there are two or more

qualified bidders on projects of the facilities modernization

program of the Voice of America, including design and construction

projects and projects with respect to transmitters, antennas, spare

parts, and other technical equipment, all the responsive bids of

United States persons and qualified United States joint venture

persons shall be considered to be reduced by 10 percent.

"(d) Exception. -

"(1) Subsection (c) shall not apply with respect to any project

of the facilities modernization program of the Voice of America

when -

"(A) precluded by the terms of an international agreement

with the host foreign country;

"(B) a foreign bidder can establish that he is a national of

a country whose government permits United States contractors

and suppliers the opportunity to bid on a competitive and

nondiscriminatory basis with its national contractors and

suppliers, on procurement and projects related to the

construction, modernization, upgrading, or expansion of -

"(i) its national public radio and television sector, or

"(ii) its private radio and television sector, to the

extent that such procurement or project is, in whole or in

part, funded or otherwise under the control of a government

agency or authority; or

"(C) the Secretary of Commerce certifies (in advance of the

award of the contract for that project) to the Director of the

United States Information Agency that the foreign bidder is not

receiving any direct subsidy from any government, the effect of

which would be to disadvantage the competitive position of

United States persons who also bid on the project; or

"(D) the statutes of a host foreign country prohibit the use

of United States contractors on such projects within that

country.

"(2) An exception under paragraph (1)(D) shall only become

effective with respect to a foreign country 30 days after the

Secretary of State certifies to the Committee on Foreign Affairs

and the Committee on Appropriations of the House of

Representatives and the Committee on Foreign Relations and the

Committee on Appropriations of the Senate what specific actions

the Secretary has taken to urge the foreign country to permit the

use of United States contractors on such projects.

"(d) [sic] Definitions. - For purposes of this section -

"(1) the term 'United States person' means a person that -

"(A) is incorporated or otherwise legally organized under the

laws of the United States, including any State (and any

political subdivision thereof) and the District of Columbia;

"(B) has its principal place of business in the United

States;

"(C) has been incorporated or otherwise legally organized in

the United States for more than 5 years before the issuance

date of the Invitation For Bids or the Request For Proposals

with respect to a modernization project under subsection (b);

"(D) has proven, as indicated by prior contracting

experience, to possess the technical, managerial, and financial

capability to successfully complete a project similar in nature

and technical complexity to that being contracted for;

"(E)(i) employs United States citizens in at least 80 percent

of its principal management positions in the United States;

"(ii) employs United States citizens in more than half of its

permanent, full-time positions in the United States; and

"(iii) will employ United States citizens in at least 80

percent of the supervisory positions on the modernization

project site; and

"(F) has the existing technical and financial resources in

the United States to perform the contract; and

"(2) the term 'qualified United States joint venture person'

means a joint venture in which a United States person or persons

own at least 51 percent of the assets of the joint venture.

"(e) Effective Date. - The provisions of this section shall apply

to any project with respect to which the Request For Proposals

(commonly referred to as 'RFP') or the Invitation For Bids

(commonly referred to as 'IFB') was issued after December 28,

1986."

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1472 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1472. Department of State and other Government agencies

-STATUTE-

(a) Authority of agencies

In carrying on activities which further the purposes of this

chapter, subject to approval of such activities by the Secretary,

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 22 of title 41;

(3) under such regulations as the Secretary 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 Expense Act of

1926,(!1) as amended; and

(4) to make grants for, and to pay expenses incident to,

training and study.

(b) Contracts for telecommunication activities, etc.; availability

of appropriations; cancellation costs

(1) Any contract authorized by subsection (a) of this section 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 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)(A) Notwithstanding the other provisions of this subsection,

the Broadcasting Board of Governors is authorized to enter into

contracts for periods not to exceed 7 years for circuit capacity to

distribute radio and television programs and is authorized to enter

into contracts for periods not to exceed ten years to acquire local

broadcasting services outside the United States.

(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.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 802, 62 Stat. 12; Pub. L.

97-241, title III, Sec. 304(b), Aug. 24, 1982, 96 Stat. 292; Pub.

L. 103-236, title II, Sec. 225, Apr. 30, 1994, 108 Stat. 423; Pub.

L. 107-228, div. A, title V, Sec. 503, Sept. 30, 2002, 116 Stat.

1392.)

-REFTEXT-

REFERENCES IN TEXT

The Subsistence Expenses Act of 1926, as amended, referred to in

subsec. (a)(3), was repealed and superseded by the Travel Expense

Act of 1949, which is covered by subchapter I of chapter 57 of

Title 5, Government Organization and Employees. Section 9(a) of the

1949 Act provided in part: "All Acts . . . applicable to civilian

officers or employees of the departments and establishments,

providing for reimbursement of actual travel or transportation

expense, and all other Acts, general or special, which are in

conflict with the provisions of this Act . . . are hereby modified,

but only to the extent of inconsistency or conflict with the

provisions of this Act . . .".

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(4)(A). Pub. L. 107-228 substituted

"Broadcasting Board of Governors" for "United States Information

Agency" and inserted before period "and is authorized to enter into

contracts for periods not to exceed ten years to acquire local

broadcasting services outside the United States".

1994 - Subsec. (b)(4). Pub. L. 103-236 added par. (4).

1982 - Pub. L. 97-241 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-EXEC-

EX. ORD. NO. 10477. AUTHORITY OF UNITED STATES INFORMATION AGENCY

Ex. Ord. No. 10477, Aug. 1, 1953, 18 F.R. 4540, as amended by Ex.

Ord. No. 10822, May 20, 1959, 24 F.R. 4159; Ex. Ord. No. 12292,

Feb. 23, 1981, 46 F.R. 13967; provided:

Section 1. Determination. It is hereby determined that it is

necessary, in order to carry out the functions transferred to the

Director of the United States Information Agency (hereinafter

referred to as the Director) by the provisions of subsections (a),

(b), and (c) of section 2 of the said Reorganization Plan No. 8 of

1953, to authorize the Director to exercise, in relation to

respective functions so transferred, the authority specified in

sections 2 and 3 hereof.

Sec. 2. [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R.

13967.]

Sec. 3. Authority under various other statutes. The Director is

authorized to exercise the authority available to the Secretary of

State or the Director of the Foreign Operations Administration, as

the case may be, under the following-described provisions of law:

(a) The Foreign Service Buildings Act of 1926, as amended [22

U.S.C. 292 et seq.], regarding the acquisition, construction,

alteration, repair, furnishing, exchange, and disposal of buildings

and grounds in foreign countries.

(b) The act of July 9, 1949 [see 22 U.S.C. 2681 to 2683],

regarding the transfer, acquisition, use, and disposal of

international broadcasting facilities.

(c) The act of August 3, 1950, regarding the importation of sound

recordings.

(d) The provisions under the first heading "Salaries and

Expenses" of the Department of State Appropriation Act, 1954,

regarding (1) employment of aliens, by contract, for services

abroad, (2) purchase of uniforms, (3) cost of transporting to and

from a place of storage and the cost of storing the furniture and

household effects of an employee of the Foreign Service who is

assigned to a post at which he is unable to use his furniture and

effects, under such regulations as the Secretary of State may

prescribe, (4) dues for library membership in organizations which

issue publications to members only, or to members at a price lower

than to others, (5) examination of estimates of appropriations in

the field, (6) purchase of ice and drinking water abroad, (7)

payment of excise taxes on negotiable instruments abroad, and (8)

procurement, by contract or otherwise, of services, supplies and

facilities, as follows: (i) maintenance, improvement, and repair of

properties used for international information activities in foreign

countries, (ii) fuel and utilities for Government-owned or leased

property abroad, and (iii) rental or lease for periods not

exceeding ten years of offices, buildings, grounds, and living

quarters, and the furnishing of living quarters to officers and

employees engaged in international information activities abroad

[22 U.S.C. 291].

(e) The provisions of the Department of State Appropriation Act,

1954, regarding (1) exchange of funds for payment of expenses in

connection with the operation of information establishments abroad

without regard to the provisions of section 3651 of the Revised

Statutes [section 543 of former Title 31], (section 103 of the

General Provisions of the Department of State Appropriation Act,

1954), (2) payment of travel expenses outside the continental

limits of the United States from funds available in the fiscal year

that such travel is authorized and actually begins (section 104 of

the General Provisions of the Department of State Appropriation

Act, 1954), (3) granting authority to the chief of each information

Field Staff to approve, with the concurrence of the Chief of

Mission, use of Government-owned vehicles for travel under

conditions described in section 105 of the General Provisions of

the Department of State Appropriation Act, 1954, and (4) purchase

with foreign currencies for use abroad of passenger motor vehicles

(exclusive of buses, ambulances, and station wagons) at a cost not

to exceed the equivalent of $2,200 for each vehicle (section 106 of

the General Provisions of the Department of State Appropriation

Act, 1954).

(f) Section 202 of the Revised Statutes of the United States [see

22 U.S.C. 2656], so far as it authorizes the Secretary of State to

keep the American public informed about the international

information aspects of the United States foreign affairs.

(g) Section 504(d) of the Mutual Security Act of 1951, as amended

(relating to reduction in personnel) [section 1655d of this title],

with respect to personnel transferred from the Mutual Security

Agency or the Foreign Operations Administration to the United

States Information Agency.

(h) Section 161 of the Revised Statutes of the United States [see

5 U.S.C. 301], and section 4 of the act of May 26, 1949 [see 22

U.S.C. 2658], regarding the promulgation of rules and regulations

and the delegation of authority.

Sec. 4. Effective Date. This order shall become effective on

August 1, 1953.

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 1473 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1473. Use of existing Government property and facilities

-STATUTE-

In carrying on activities under this chapter which require the

utilization of Government property and facilities, maximum use

shall be made of existing Government property and facilities.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 803, 62 Stat. 12.)

-End-

-CITE-

22 USC Sec. 1474 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1474. Additional authority of Secretary of State or other

Government agency authorized to administer provisions

-STATUTE-

In carrying out the provisions of this chapter, the Secretary, 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

Secretary 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 Secretary;

(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.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 804, as added Pub. L.

92-352, title II, Sec. 202, July 13, 1972, 86 Stat. 493; amended

Pub. L. 94-350, title II, Sec. 203, July 12, 1976, 90 Stat. 830;

Pub. L. 96-60, title II, Secs. 203(b)(2), 204(b), Aug. 15, 1979, 93

Stat. 398, 400; Pub. L. 97-241, title III, Secs. 303(b), 304(c),

(d), Aug. 24, 1982, 96 Stat. 291, 293; Pub. L. 101-246, title II,

Sec. 207, Feb. 16, 1990, 104 Stat. 53; Pub. L. 102-138, title II,

Secs. 204, 205, Oct. 28, 1991, 105 Stat. 692.)

-REFTEXT-

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 (Sec. 5101 et seq.) and to subchapter III

(Sec. 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 (Sec. 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.

-MISC1-

AMENDMENTS

1991 - Par. (9). Pub. L. 102-138, Sec. 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, Sec. 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, Sec. 304(c), inserted "and

security" after "right-hand drive".

Par. (20). Pub. L. 97-241, Sec. 304(d), added par. (20).

1979 - Par. (1). Pub. L. 96-60, Sec. 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, Sec. 204(b)(1), substituted "ten" for

"five" years.

Par. (14). Pub. L. 96-60, Sec. 204(b)(3), substituted a semicolon

for ", when funds are appropriated therefor.".

Pars. (15) to (19). Pub. L. 96-60, Sec. 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 a note under section 1471

of this title.

-TRANS-

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. United States Information

Agency (other than Broadcasting Board of Governors and

International Broadcasting Bureau) abolished and functions

transferred to Secretary of State, see sections 6531 and 6532 of

this title.

-MISC2-

AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS

Pub. L. 105-277, div. G, subdiv. B, title XXIV, Sec. 2418, Oct.

21, 1998, 112 Stat. 2681-835, provided that: "The Director of the

United States Information Agency is authorized to administer summer

travel and work programs without regard to preplacement

requirements."

Similar provisions were contained in Pub. L. 105-244, title VIII,

Sec. 846, Oct. 7, 1998, 112 Stat. 1822.

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of this title.]

EMPLOYMENT AUTHORITY FOR FISCAL YEARS 1994 AND 1995

Pub. L. 103-236, title II, Sec. 223, Apr. 30, 1994, 108 Stat.

422, provided that, for fiscal years 1994 and 1995, Director of

United States Information Agency could, in carrying out provisions

of this chapter, employ individuals or organizations by contract

for services to be performed in United States or abroad, who could

not, by virtue of such employment, be considered to be employees of

United States Government for purposes of any law administered by

Office of Personnel Management.

-End-

-CITE-

22 USC Sec. 1475 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475. Travel expenses

-STATUTE-

Appropriated funds made available for any fiscal year to the

Secretary or any Government agency, to carry out the provisions of

this chapter, 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.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 805, as added Pub. L.

92-352, title II, Sec. 202, July 13, 1972, 86 Stat. 494.)

-End-

-CITE-

22 USC Sec. 1475a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475a. Replacement of passenger motor vehicles

-STATUTE-

The exchange allowances or proceeds derived from the exchange or

sale of passenger motor vehicles used abroad for purposes of this

chapter or the Mutual Educational and Cultural Exchange Act of 1961

[22 U.S.C. 2451 et seq.] shall be available without fiscal year

limitation for replacement of an equal number of such vehicles in

accordance with section 503 of title 40.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 806, as added Pub. L.

94-350, title II, Sec. 204, July 12, 1976, 90 Stat. 830; amended

Pub. L. 96-60, title II, Sec. 204(c), Aug. 15, 1979, 93 Stat. 400.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in text, is Pub. L. 87-256, Sept. 21, 1961, 75 Stat.

527, as amended, which is classified principally to chapter 33

(Sec. 2451 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2451 of this title and Tables.

-COD-

CODIFICATION

"Section 503 of title 40" substituted in text for "section 201(c)

of the Federal Property and Administrative Services Act of 1949" on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-60 substituted "shall be available" for "are

authorized to be made available".

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 expenditures of appropriated funds, see

section 209 of Pub. L. 96-60, set out as a note under section 1471

of this title.

-End-

-CITE-

22 USC Secs. 1475b, 1475c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Secs. 1475b, 1475c. Repealed. Pub. L. 105-277, div. G, subdiv. A,

title XIII, Sec. 1336(1), Oct. 21, 1998, 112 Stat. 2681-790

-MISC1-

Section 1475b, act Jan. 27, 1948, ch. 36, title VIII, Sec. 807,

as added Pub. L. 95-426, title II, Sec. 204(c), Oct. 7, 1978, 92

Stat. 974; amended Pub. L. 97-241, title III, Sec. 303(b), Aug. 24,

1982, 96 Stat. 291, related to seal of the United States

Information Agency.

Section 1475c, act Jan. 27, 1948, ch. 36, title VIII, Sec. 808,

as added Pub. L. 97-241, title III, Sec. 304(e), Aug. 24, 1982, 96

Stat. 293, provided for Acting Associate Director in the event of

death, resignation, illness, or absence of Associate Director.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

this title.

-End-

-CITE-

22 USC Sec. 1475d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475d. Compensation for disability or death

-STATUTE-

A cultural exchange, international fair or exposition, or other

exhibit or demonstration of United States economic accomplishments

and cultural attainments, provided for under this chapter or the

Mutual Educational and Cultural Exchange Act of 1961 [22 U.S.C.

2451 et seq.] shall not be considered a "public work" as that term

is defined in section 1651 of title 42.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 809, as added Pub. L.

97-241, title III, Sec. 304(e), Aug. 24, 1982, 96 Stat. 293.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in text, is Pub. L. 87-256, Sept. 21, 1961, 75 Stat.

527, as amended, which is classified principally to chapter 33

(Sec. 2451 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2451 of this title and Tables.

-End-

-CITE-

22 USC Sec. 1475e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475e. Use of English-teaching program fees

-STATUTE-

(a) In general

Notwithstanding section 3302 of title 31 or any other law or

limitation of authority, fees and receipts described in subsection

(b) of this section are authorized to be credited each fiscal year

for authorized purposes to the appropriate appropriations of the

United States Information Agency to such extent as may be provided

in advance in appropriations acts.

(b) Fees and receipts described

The fees and receipts described in this subsection are fees and

payments received by or for the use of the United States

Information Agency from or in connection with -

(1) English-teaching and library services,

(2) educational advising and counseling,

(3) Exchange Visitor Program Services,

(4) advertising and business ventures of the Voice of America

and the International Broadcasting Bureau,

(5) cooperating international organizations, and (!1)

(6) Agency-produced publications,(!1)

(7) an amount not to exceed $100,000 of the payments from

motion picture and television programs produced or conducted by

or on behalf of the Agency under the authority of this chapter or

the Mutual Education and Cultural Exchange Act of 1961 [22 U.S.C.

2451 et seq.].

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 810, as added Pub. L.

97-241, title III, Sec. 304(e), Aug. 24, 1982, 96 Stat. 293;

amended Pub. L. 100-204, title II, Sec. 203, Dec. 22, 1987, 101

Stat. 1373; Pub. L. 101-246, title II, Sec. 208, Feb. 16, 1990, 104

Stat. 53; Pub. L. 105-277, div. G, subdiv. B, title XXIV, Sec.

2412, Oct. 21, 1998, 112 Stat. 2681-832.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Education and Cultural Exchange Act of 1961, referred

to in subsec. (b)(7), probably means the Mutual Educational and

Cultural Exchange Act of 1961, Pub. L. 87-256, Sept. 21, 1961, 75

Stat. 527, as amended, which is classified principally to chapter

33 (Sec. 2451 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2451 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) Notwithstanding section 3302 of title 31 or any other law or

limitation of authority, fees received by or for the use of the

United States Information Agency from or in connection with

English-teaching and library services, and Agency-produced

publications, and not to exceed $100,000 of payments from motion

picture and television programs, produced or conducted by or on

behalf of the Agency under the authority of this chapter or the

Mutual Educational and Cultural Exchange Act of 1961 is authorized

to be credited each fiscal year to the appropriate appropriation of

the United States Information Agency to such extent as may be

provided in advance in an appropriation Act."

1990 - Pub. L. 101-246 amended section catchline and text

generally. Prior to amendment, section read as follows:

"Notwithstanding the provisions of section 3302(b) of title 31 or

any other law or limitation of authority, all payments received by

or for the use of the United States Information Agency from or in

connection with English-teaching and library services conducted by

or on behalf of the Agency under the authority of this chapter or

the Mutual Educational and Cultural Exchange Act of 1961 may be

credited to the Agency's applicable appropriation to such extent as

may be provided in advance in an appropriation Act."

1987 - Pub. L. 100-204 amended section generally, changing

structure of section from one consisting of subsecs. (a) and (b) to

one consisting of one paragraph.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-FOOTNOTE-

(!1) So in original. The word "and" probably should appear at

end of par. (6).

-End-

-CITE-

22 USC Sec. 1475f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475f. Repealed. Pub. L. 105-277, div. G, subdiv. A, title

XIII, Sec. 1336(1), Oct. 21, 1998, 112 Stat. 2681-790

-MISC1-

Section, act Jan. 27, 1948, ch. 36, title VIII, Sec. 811, as

added Pub. L. 101-246, title II, Sec. 209, Feb. 16, 1990, 104 Stat.

53, related to recovery of indebtedness owed by person to United

States arising out of activities of United States Information

Agency.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

this title.

-End-

-CITE-

22 USC Sec. 1475g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475g. Overseas public diplomacy posts and personnel overseas

-STATUTE-

(a) Limitation

Except as provided under this section no funds authorized to be

appropriated to the Department of State may be used to pay any

expense associated with the closing of any overseas public

diplomacy post abroad.

(b) Notification

Not less than 45 days before the closing of any overseas public

diplomacy post abroad the Secretary of State shall notify the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate.

(c) Exceptions

This section shall not apply to any overseas public diplomacy

post closed -

(1) because of a break or downgrading of diplomatic relations

between the United States and the country in which the post is

located; or

(2) where there is a real and present threat to United States

diplomats in the city where the post is located and where a

travel advisory warning against travel by United States citizens

to the city has been issued by the Department of State.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VIII, Sec. 812, as added Pub. L.

102-138, title II, Sec. 206(a), Oct. 28, 1991, 105 Stat. 693;

amended Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1335(a)(5), Oct. 21, 1998, 112 Stat. 2681-787.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in Pub. L.

100-204, title II, Sec. 204, Dec. 22, 1987, 101 Stat. 1373, which

was set out as a note under section 1461 of this title prior to

repeal by Pub. L. 102-138, title II, Sec. 206(c), Oct. 28, 1991,

105 Stat. 693.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1335(a)(5)(D), substituted "Overseas

public diplomacy" for "USIA" in section catchline.

Subsec. (a). Pub. L. 105-277, Sec. 1335(a)(5)(A), (B),

substituted "Department of State" for "United States Information

Agency" and "overseas public diplomacy post" for "United States

Information Agency post".

Subsec. (b). Pub. L. 105-277, Sec. 1335(a)(5)(A), (C),

substituted "overseas public diplomacy post" for "United States

Information Agency post" and "Secretary of State" for "Director of

the United States Information Agency".

Subsec. (c). Pub. L. 105-277, Sec. 1335(a)(5)(A), substituted

"overseas public diplomacy post" for "United States Information

Agency post" in introductory provisions.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

REDUCTIONS IN AMERICAN EMPLOYEES

Section 206(b) of Pub. L. 102-138, which provided that reductions

could not be made in number of American employees of United States

Information Agency stationed abroad until number of such employees

was same percentage of total number of American employees of Agency

as number of American employees of Agency stationed abroad in 1981

was to total number of American employees at Agency at same time in

1981, was repealed by Pub. L. 105-277, div. G, subdiv. A, title

XIII, Sec. 1336(4), Oct. 21, 1998, 112 Stat. 2681-790.

-End-

-CITE-

22 USC Sec. 1475h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VII - ADMINISTRATIVE PROCEDURE

-HEAD-

Sec. 1475h. Overseas public diplomacy grants

-STATUTE-

(a) Competitive grant procedures

Except as provided in subsection (b) of this section, the

Department of State shall work to achieve full and open competition

in the award of grants for carrying out its overseas public

diplomacy functions.

(b) Exceptions

The Department of State may award an overseas public diplomacy

grant under procedures other than competitive procedures when -

(1) such a grant is made under the Mutual Educational and

Cultural Exchange Act of 1961 (commonly known as the

Fulbright-Hays Act) [22 U.S.C. 2451 et seq.] or any statute which

expressly authorizes or requires that a grant be made with a

specified entity;

(2) the terms of an international agreement or treaty between

the United States Government and a foreign government or

international organization have the effect of requiring the use

of procedures other than competitive procedures;

(3) a recipient organization has developed particular expertise

in the planning and administration of longstanding exchange

programs important to United States foreign policy; or

(4) introducing competition would increase costs.

(c) Compliance with grant guidelines

(1) After October 1, 1991, overseas public diplomacy grants

awarded by the Department of State shall substantially comply with

Department of State grant guidelines and applicable circulars of

the Office of Management and Budget.

(2) If the Agency (!1) determines that a grantee has not

satisfied the requirement of paragraph (1), the Department of State

shall notify the grantee of the suspension of payments under a

grant unless compliance is achieved within 90 days of such notice.

(3) The Agency (!1) shall suspend payments under any such grant

which remains in noncompliance 90 days after notification under

paragraph (2).

-SOURCE-

(Pub. L. 102-138, title II, Sec. 212, Oct. 28, 1991, 105 Stat. 695;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(b), Oct.

21, 1998, 112 Stat. 2681-787.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in subsec. (b)(1), is Pub. L. 87-256, Sept. 21, 1961,

75 Stat. 527, as amended, which is classified principally to

chapter 33 (Sec. 2451 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2451 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Foreign Relations

Authorization Act, Fiscal Years 1992 and 1993, and not as part of

the United States Information and Educational Exchange Act of 1948

which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1335(b)(1), (2),

substituted "Department of State" for "United States Information

Agency" and inserted "for carrying out its overseas public

diplomacy functions" after "grants".

Subsec. (b). Pub. L. 105-277, Sec. 1335(b)(1), (3)(A), in

introductory provisions, substituted "Department of State" for

"United States Information Agency" and "an overseas public

diplomacy grant" for "a grant".

Subsec. (b)(1). Pub. L. 105-277, Sec. 1335(b)(3)(B), inserted

"such" after "(1)".

Subsec. (c)(1). Pub. L. 105-277, Sec. 1335(b)(1), (4), inserted

"overseas public diplomacy" before "grants" and substituted

"Department of State" for "United States Information Agency" in two

places.

Subsec. (c)(2). Pub. L. 105-277, Sec. 1335(b)(1), substituted

"Department of State" for "United States Information Agency".

Subsec. (c)(3). Pub. L. 105-277, Sec. 1335(b)(5), inserted "such"

before "grant".

Subsec. (d). Pub. L. 105-277, Sec. 1335(b)(6), struck out heading

and text of subsec. (d). Text read as follows: "Not later than 90

days after October 28, 1991, the Director of the United States

Information Agency shall submit a detailed report to the Committee

on Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives on United States

Information Agency action to comply with subsection (a) of this

section."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Department".

-End-

-CITE-

22 USC SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-End-

-CITE-

22 USC Sec. 1476 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1476. Repealed. Pub. L. 105-277, div. G, subdiv. A, title

XIII, Sec. 1336(1), Oct. 21, 1998, 112 Stat. 2681-790

-MISC1-

Section, acts Jan. 27, 1948, ch. 36, title VII, Sec. 701, 62

Stat. 11; Pub. L. 92-226, pt. IV, Sec. 407(d), Feb. 7, 1972, 86

Stat. 35; Pub. L. 92-352, title II, Sec. 203, July 13, 1972, 86

Stat. 494; Pub. L. 93-168, Sec. 3, Nov. 29, 1973, 87 Stat. 688;

Pub. L. 93-475, Sec. 6, Oct. 26, 1974, 88 Stat. 1440; 1977 Reorg.

Plan No. 2, Secs. 5, 7(a)(1), 42 F.R. 62461, 91 Stat. 1636, 1637;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291; Pub. L. 102-499, Sec. 2, Oct. 24, 1992, 106 Stat. 3264; Pub.

L. 103-415, Sec. 1(q), Oct. 25, 1994, 108 Stat. 4301; Pub. L.

105-277, div. G, subdiv. B, title XXIV, Sec. 2419, Oct. 21, 1998,

112 Stat. 2681-835, limited appropriations to carry out chapter to

amounts previously authorized and prohibited appropriations in

excess of such amounts.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

this title.

-End-

-CITE-

22 USC Sec. 1477 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1477. Transfer of funds

-STATUTE-

The Secretary shall authorize the transfer to other Government

agencies for expenditure in the United States and in other

countries, in order to carry out the purposes of this chapter, any

part of any appropriations available to the Department for carrying

out the purposes of this chapter, for direct expenditure or as a

working fund, and any such expenditures may be made under the

specific authority contained in this chapter or under the authority

governing the activities of the Government agency to which a part

of any such appropriation is transferred, provided the activities

come within the scope of this chapter.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VII, Sec. 702, 62 Stat. 11.)

-End-

-CITE-

22 USC Sec. 1477a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1477a. Omitted

-MISC1-

Section, act Jan. 27, 1948, ch. 36, title VII, Sec. 703, as added

Mar. 30, 1972, Pub. L. 92-264, 86 Stat. 114; amended Aug. 20, 1972,

Pub. L. 92-394, 86 Stat. 577; July 6, 1973, Pub. L. 93-59, 87 Stat.

142; 1977 Reorg. Plan No. 2, Sec. 7(a)(1), 42 F.R. 62461, 91 Stat.

1637, which authorized appropriations for Radio Free Europe and

Radio Liberty for fiscal year 1973 in an amount of $38,520,000, and

also authorized an additional $1,150,000 for nondiscretionary

costs, has been omitted in view of the authorization not being

extended later than fiscal year 1973.

-End-

-CITE-

22 USC Sec. 1477b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1477b. Repealed. Pub. L. 105-277, div. G, subdiv. A, title

XIII, Sec. 1336(1), Oct. 21, 1998, 112 Stat. 2681-790

-MISC1-

Section, act Jan. 27, 1948, ch. 36, title VII, Sec. 704, as added

Pub. L. 96-60, title II, Sec. 204(e), Aug. 15, 1979, 93 Stat. 400;

amended Pub. L. 97-241, title I, Sec. 112(b), title III, Sec.

303(b), Aug. 24, 1982, 96 Stat. 278, 291; Pub. L. 103-236, title

II, Sec. 224, Apr. 30, 1994, 108 Stat. 422, related to

nondiscretionary personnel costs and currency fluctuations.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 1301 of Pub. L.

105-277, set out as an Effective Date note under section 6531 of

this title.

-End-

-CITE-

22 USC Sec. 1477c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1477c. Notification and award of grants

-STATUTE-

The Department of State may award grants for overseas public

diplomacy programs 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.

-SOURCE-

(Jan. 27, 1948, ch. 36, title VII, Sec. 705, as added Pub. L.

98-164, title II, Sec. 214, Nov. 22, 1983, 97 Stat. 1035; amended

Pub. L. 99-93, title II, Sec. 214(a), Aug. 16, 1985, 99 Stat. 434;

Pub. L. 100-204, title II, Sec. 202, Dec. 22, 1987, 101 Stat. 1372;

Pub. L. 102-138, title II, Sec. 202, Oct. 28, 1991, 105 Stat. 692;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(a)(3),

Oct. 21, 1998, 112 Stat. 2681-787.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1335(a)(3)(A), struck

out subsec. (a) which read as follows: "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 reprograming, funds appropriated for the

United States Information Agency shall not be available for

obligation or expenditure through any such reprograming 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 reprograming in excess of $500,000 or 10

per centum, whichever is less, and which (A) augments existing

programs, projects, or activities, (B) reduces by 10 per centum

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."

Subsec. (b). Pub. L. 105-277, Sec. 1335(a)(3)(B), struck out

subsec. (b) designation and substituted "The Department of State"

for "In addition, the United States Information Agency" and "grants

for overseas public diplomacy programs" for "program grants".

Subsec. (c). Pub. L. 105-277, Sec. 1335(a)(3)(A), struck out

subsec. (c) which read as follows: "Funds appropriated for the

United States Information Agency may not be available for

obligation or expenditure through any reprogramming described in

subsection (a) of this section 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."

1991 - Subsec. (a)(7). Pub. L. 102-138 substituted "$500,000" for

"$250,000".

1987 - Subsec. (b). Pub. L. 100-204, Sec. 202(a), struck out "for

the fiscal years 1986 and 1987" after "may award program grants".

Subsec. (c). Pub. L. 100-204, Sec. 202(b), added subsec. (c).

1985 - Subsec. (b). Pub. L. 99-93 substituted "1986 and 1987" for

"1984 and 1985".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 214(b) of Pub. L. 99-93 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1985."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1477b of this title.

-End-

-CITE-

22 USC Sec. 1478 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1478. Reimbursement of program expenses from sources other

than appropriations; disposition of receipts

-STATUTE-

The Secretary shall, when he finds it in the public interest,

request and accept reimbursement from any cooperating governmental

or private source in a foreign country, or from State or local

governmental institutions or private sources in the United States,

for all or part of the expenses of any portion of the program

undertaken hereunder. The amounts so received shall be covered into

the Treasury as miscellaneous receipts.

-SOURCE-

(Jan. 27, 1948, ch. 36, title IX, Sec. 901, 62 Stat. 13.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 965 of this title.

-End-

-CITE-

22 USC Sec. 1479 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1479. Advancement of funds, property, or services by foreign

governments; disposition; availability; return of unexpended

balances or property

-STATUTE-

If any other government shall express the desire to provide

funds, property, or services to be used by this Government, in

whole or in part, for the expenses of any specific part of the

program undertaken pursuant to this chapter, the Secretary is

authorized, when he finds it in the public interest, to accept such

funds, property, or services. Funds so received may be established

as a special deposit account in the Treasury of the United States,

to be available for the specified purpose, and to be used for

reimbursement of appropriations or direct expenditure, subject to

the provisions of this chapter. Any unexpended balance of the

special deposit account and other property received under this

section and no longer required for the purposes for which provided

shall be returned to the government providing the funds or

property.

-SOURCE-

(Jan. 27, 1948, ch. 36, title IX, Sec. 902, 62 Stat. 13.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1451 of this title.

-End-

-CITE-

22 USC Sec. 1480 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 18 - UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

PROGRAMS

SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS

-HEAD-

Sec. 1480. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 657, 658

-MISC1-

Section, act June 20, 1956, ch. 414, title I, Sec. 107, 70 Stat.

304, related to maximum rates of per diem in lieu of subsistence

payable to foreign participants. See section 2679 of this title.

Acts July 10, 1952, ch. 651, title I, Sec. 109, 66 Stat. 555;

Aug. 5, 1953, ch. 328, title I, Sec. 108, 67 Stat. 371; July 2,

1954, ch. 456, title I, Sec. 107, 68 Stat. 418; July 7, 1955, ch.

279, title I, Sec. 107, 69 Stat. 270, which contained provision

similar to section 1480 of this title, were repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 657, 658.

-End-