SUBCHAPTER I—GENERAL PROVISIONS
§1431. Congressional declaration of objectives
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(2) Repealed.
(Jan. 27, 1948, ch. 36, title I, §2,
Editorial Notes
Amendments
1961—
Statutory Notes and Related Subsidiaries
Termination of Chapter
Act Jan. 27, 1948, ch. 36, title X, §1006,
Short Title of 1983 Amendment
For short title of
Short Title of 1973 Amendment
Short Title
Act Jan. 27, 1948, ch. 36, title I, §1,
Separability
Act Jan. 27, 1948, ch. 36, title X, §1010,
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, §7(a)(1), 42 F.R. 62461,
Promotion of Free Media and Other American Values
"(a)
"(1)
"(A) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly presented nor widely understood.
"(B) If the United States does not act to vigorously define its message in countries with predominantly Muslim populations, the image of the United States will be defined by Islamic extremists who seek to demonize the United States.
"(C) Recognizing that many Muslim audiences rely on satellite television and radio, the United States Government has launched promising initiatives in television and radio broadcasting to the Islamic world, including Iran and Afghanistan.
"(2)
"(A) the United States must do more to defend and promote its values and ideals to the broadest possible audience in countries with predominantly Muslim populations;
"(B) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate expressions of these values reach large Muslim audiences and should be robustly supported;
"(C) the United States Government could and should do more to engage Muslim audiences in the struggle of ideas; and
"(D) the United States Government should more intensively employ existing broadcast media in the Islamic world as part of this engagement.
"(b)
"(1)
"(A) Freedom of speech and freedom of the press are fundamental human rights.
"(B) The United States has a national interest in promoting these freedoms by supporting free media abroad, which is essential to the development of free and democratic societies consistent with our own.
"(C) Free media is undermined, endangered, or nonexistent in many repressive and transitional societies around the world, including in Eurasia, Africa, and the Middle East.
"(D) Individuals lacking access to a plurality of free media are vulnerable to misinformation and propaganda and are potentially more likely to adopt anti-United States views.
"(E) Foreign governments have a responsibility to actively and publicly discourage and rebut unprofessional and unethical media while respecting journalistic integrity and editorial independence.
"(2)
"(A) ensure that the promotion of freedom of the press and freedom of media worldwide is a priority of United States foreign policy and an integral component of United States public diplomacy;
"(B) respect the journalistic integrity and editorial independence of free media worldwide; and
"(C) ensure that widely accepted standards for professional and ethical journalistic and editorial practices are employed when assessing international media.
"(c)
"(1)
"(2)
"(A) fund a clearinghouse to collect and share information concerning international media development and training;
"(B) improve research in the field of media assistance and program evaluation to better inform decisions regarding funding and program design for government and private donors;
"(C) explore the most appropriate use of existing means to more effectively encourage the involvement of the private sector in the field of media assistance; and
"(D) identify effective methods for the development of a free and independent media in societies in transition.
"(d)
"(1)
"(2)
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
§1432. Information on United States participation in United Nations
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.
(Jan. 27, 1948, ch. 36, title I, §3,
§1433. Definitions
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.
(Jan. 27, 1948, ch. 36, title I, §4,
§1434. Repealed. Pub. L. 96–60, title II, §203(a)(1), Aug. 15, 1979, 93 Stat. 398
Section, acts Jan. 27, 1948, ch. 36, title X, §1001,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1979, see section 209 of
§1435. Delegation of authority by Secretary
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.
(Jan. 27, 1948, ch. 36, title X, §1002,
§1436. Restriction on disclosure of information
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.
(Jan. 27, 1948, ch. 36, title X, §1003,
§1437. Utilization of private agencies
In carrying out the provisions of this chapter it shall be the duty of the Secretary and the Broadcasting Board of Governors 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 and the Broadcasting Board of Governors 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.
(Jan. 27, 1948, ch. 36, title X, §1005,
Editorial Notes
Amendments
2013—
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
Effective Date of 2013 Amendment
§1438. Veterans' preference
No provision of this chapter shall be construed to modify or to repeal the provisions of
(Jan. 27, 1948, ch. 36, title X, §1007,
Editorial Notes
References in Text
Codification
"
§1439. Repealed. Pub. L. 96–470, title I, §117, Oct. 19, 1980, 94 Stat. 2240
Section, acts Jan. 27, 1948, ch. 36, title X, §1008,
§1440. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(1), Oct. 21, 1998, 112 Stat. 2681–790
Section, acts Jan. 27, 1948, ch. 36, title X, §1009,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1301 of
§1441. Omitted
Editorial Notes
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,
§1442. Informational media guaranties
(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).
(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), 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), 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)
(Jan. 27, 1948, ch. 36, title X, §1011, as added Aug. 26, 1954, ch. 937, title V, §544(a),
Editorial Notes
References in Text
Amendments
1982—Subsec. (h)(4).
1959—Subsec. (a).
1958—Subsec. (h).
1956—Subsec. (a). Act Aug. 26, 1954, §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
Subsecs. (b) to (g). Act Aug. 26, 1954, §544(g), as added by act July 18, 1956, added subsecs (b) to (g).
Statutory Notes and Related Subsidiaries
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
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
1 See References in Text note below.
§1442a. National security measures
(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
(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 (
(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
(Jan. 27, 1948, ch. 36, title X, §1012, as added
Editorial Notes
References in Text
Section 101 of the Intelligence Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(1), is section 101 of