Legislación
US (United States) Code. Title 22. Chapter 18: US (United States) information and educational exchange programs
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22 USC CHAPTER 18 - UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE PROGRAMS 01/06/03
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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 Repealed.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 Repealed or Omitted.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 Repealed.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.
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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
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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.)
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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."
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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.
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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.)
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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.)
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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.
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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.)
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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.)
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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.)
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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.
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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.
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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-
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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-
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22 USC SUBCHAPTER VIII - APPROPRIATIONS AND OTHER FUNDS 01/06/03
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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
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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-
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22 USC Sec. 1477 01/06/03
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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-
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22 USC Sec. 1477a 01/06/03
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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-
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22 USC Sec. 1477c 01/06/03
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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-
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22 USC Sec. 1478 01/06/03
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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-
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22 USC Sec. 1479 01/06/03
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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-
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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.
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Idioma: | inglés |
País: | Estados Unidos |