CHAPTER 33 —MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
§2451. Congressional statement of purpose
The purpose of this chapter is to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchange; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations, and the contributions being made toward a peaceful and more fruitful life for people throughout the world; to promote international cooperation for educational and cultural advancement; and thus to assist in the development of friendly, sympathetic, and peaceful relations between the United States and the other countries of the world.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Short Title
Transfer of Functions
Functions vested in President, Secretary of State, Department of State, United States Information Agency or Director thereof under this chapter transferred to Director of International Communication Agency by Reorg. Plan No. 2 of 1977, §7(a)(2), 42 F.R. 62461,
Expansion of United States Scholarship and Exchange Programs in the Islamic World
"(a)
"(1) Exchange, scholarship, and library programs are effective ways for the United States Government to promote internationally the values and ideals of the United States.
"(2) Exchange, scholarship, and library programs can expose young people from other countries to United States values and offer them knowledge and hope.
"(b)
"(1) the United States should commit to a long-term and sustainable investment in promoting engagement with people of all levels of society in countries with predominantly Muslim populations, particularly with youth and those who influence youth;
"(2) such an investment should make use of the talents and resources in the private sector and should include programs to increase the number of people who can be exposed to the United States and its fundamental ideas and values in order to dispel misconceptions; and
"(3) such programs should include youth exchange programs, young ambassadors programs, international visitor programs, academic and cultural exchange programs, American Corner programs, library programs, journalist exchange programs, sister city programs, and other programs related to people-to-people diplomacy.
"(c)
"(d)
"(e)
Advisory Committee on Cultural Diplomacy
Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions
References in Other Laws to Repealed Provisions
§2451a. Repealed. Pub. L. 91–269, §7, May 27, 1970, 84 Stat. 272
Section,
§2452. Authorization of activities
(a) Grants or contracts for educational or cultural exchanges; participation in international fairs and expositions abroad
The Director of the United States Information Agency is authorized, when he considers that it would strengthen international cooperative relations, to provide, by grant, contract, or otherwise, for—
(1) educational exchanges, (i) by financing studies, research, instruction, and other educational activities—
(A) of or for American citizens and nationals in foreign countries, and
(B) of or for citizens and nationals of foreign countries in American schools and institutions of learning located in or outside the United States;
and (ii) by financing visits and interchanges between the United States and other countries of students, trainees, teachers, instructors, and professors;
(2) cultural exchanges, by financing—
(i) visits and interchanges between the United States and other countries of leaders, experts in fields of specialized knowledge or skill, and other influential or distinguished persons;
(ii) tours in countries abroad by creative and performing artists and athletes from the United States, individually and in groups, representing any field of the arts, sports, or any other form of cultural attainment;
(iii) United States representation in international artistic, dramatic, musical, sports, and other cultural festivals, competitions, meetings, and like exhibitions and assemblies; and
(iv) participation by groups and individuals from other countries in nonprofit activities in the United States, including in coordination and consultation with the private sector, similar to those described in subparagraphs (ii) and (iii) of this paragraph, when the Director of the United States Information Agency determines that such participation is in the national interest; and
(3) United States participation in international fairs and expositions abroad, including trade and industrial fairs and other public or private demonstrations of United States economic accomplishments and cultural attainments.
(b) Other exchanges
In furtherance of the purposes of this chapter, the President is further authorized to provide for—
(1) interchanges between the United States and other countries of handicrafts, scientific, technical, and scholarly books, books of literature, periodicals, and Government publications, and the reproduction and translation of such writings, and the preparation, distribution, and interchange of other educational and research materials, including laboratory and technical equipment for education and research;
(2) establishing and operating in the United States and abroad centers for cultural and technical interchanges to promote better relations and understanding between the United States and other nations through cooperative study, training, and research;
(3) assistance in the establishment, expansion, maintenance, and operation of schools and institutions of learning abroad, founded, operated, or sponsored by citizens or nonprofit institutions of the United States, including such schools and institutions serving as demonstration centers for methods and practices employed in the United States;
(4) fostering and supporting American studies in foreign countries through professorships, lectureships, institutes, seminars, and courses in such subjects as American history, government, economics, language and literature, and other subjects related to American civilization and culture, including financing the attendance at such studies by persons from other countries;
(5) promoting and supporting medical, scientific, cultural, and educational research and development;
(6) promoting modern foreign language training and area studies in United States schools, colleges, and universities by supporting visits and study in foreign countries by teachers and prospective teachers in such schools, colleges, and universities for the purpose of improving their skill in languages and their knowledge of the culture of the people of those countries, and by financing visits by teachers from those countries to the United States for the purpose of participating in foreign language training and area studies in United States schools, colleges, and universities;
(7) United States representation at international nongovernmental educational, scientific, and technical meetings;
(8) participation by groups and individuals from other countries in educational, scientific, and technical meetings held under American auspices in or outside the United States;
(9) encouraging independent research into the problems of educational and cultural exchange;
(10) promoting studies, research, instruction, and other educational activities of citizens and nationals of foreign countries in American schools, colleges, and universities located in the United States by making available to citizens and nationals of less developed friendly foreign countries for exchange for currencies of their respective countries (other than excess foreign currencies), at United States embassies, United States dollars in such amounts as may be necessary to enable such foreign citizens or nationals who are coming temporarily to the United States as students, trainees, teachers, instructors, or professors to meet expenses of the kind described in
(11) interchanges and visits between the United States and other countries of scientists, scholars, leaders, and other experts in the fields of environmental science and environmental management; and
(12) promoting respect for and guarantees of religious freedom abroad by interchanges and visits between the United States and other nations of religious leaders, scholars, and religious and legal experts in the field of religious freedom.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2022—Subsec. (a)(2)(iii).
Subsec. (a)(2)(iv).
1998—Subsec. (b)(12).
1983—Subsec. (b)(11).
1966—Subsec. (b)(10).
1962—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1962 Amendment
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
Pilot Program To Provide Grants to American-Sponsored Schools in Predominantly Muslim Countries To Provide Scholarships
Conduct of Certain Educational and Cultural Exchange Programs
"(a)
"(1) human rights or democracy leaders of such countries; or
"(2) committed to advancing human rights and democratic values in such countries.
"(b)
"(1) recruit a broad range of participants, including those described in paragraphs (1) and (2) of subsection (a); and
"(2) ensure that the governments of the countries described in subsection (a) do not have inappropriate influence in the selection process."
Limitation on Participation in International Expositions or Fairs
International Exchange, Scholarship, and Training Programs
Study and Report on Ways To Reduce the Drain From Developing Countries of Professional Persons and Skilled Specialists
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of State, Director of United States Information Agency, Secretary of Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, as amended, set out as a note under
Performance of Functions
Authorization of performance of functions under subsec. (a)(2) and (3) of this section by departments or other executive agencies, see Ex. Ord. No. 11380, §2, Nov. 8, 1967, 32 F.R. 15627, set out as a note under
Executive Order No. 10716
Ex. Ord. No. 10716, June 18, 1957, 22 F.R. 4345, as amended by Ex. Ord. No. 10912, Jan. 19, 1961, 26 F.R. 509, which related to administration of programs under this chapter, was superseded by Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
§2452a. Exchange program with countries in transition from totalitarianism to democracy
(a) Authorization of activities; grants or contracts for exchanges with foreign countries
Pursuant to the Mutual Educational and Cultural Exchange Act of 1961 [
(1) by financing studies, research, instruction, and related activities—
(A) of or for American citizens and nationals in foreign countries; and
(B) of or for citizens and nationals of foreign countries in American private businesses, trade associations, unions, chambers of commerce, and local, State, and Federal Government agencies, located in or outside the United States; and
(2) by financing visits and interchanges between the United States and countries in transition from totalitarianism to democracy.
The program under this section shall be coordinated by the Department of State.
(b) Transfer of funds
The President is authorized to transfer to the appropriate appropriations account of the Department of State such sums as the President shall determine to be necessary out of the travel accounts of the departments and agencies of the United States, except for the Department of State, as the President shall designate. Such transfers shall be subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. In addition, the President is authorized to accept such gifts or cost-sharing arrangements as may be proffered to sustain the program under this section.
(
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (a), is
Codification
Section was enacted as part of the National and Community Service Act of 1990, and not as part of the Mutual Educational and Cultural Exchange Act of 1961 which comprises this chapter.
Amendments
1998—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§2452b. International expositions
(a) Limitation
Except as provided in subsection (b) and notwithstanding any other provision of law, the Department of State may not obligate or expend any funds appropriated to the Department of State for a United States pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions in excess of amounts expressly authorized and appropriated for such purpose.
(b) Exceptions
(1) In general
The Department of State is authorized to utilize its personnel and resources to carry out the responsibilities of the Department for the following:
(A) Administrative services, including legal and other advice and contract administration, under
(B) Activities under
(C) Encouraging private support of United States pavilions and exhibits at international fairs and expositions, except that no employees of the Department of State may, in their official capacity, solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions.
(2) Statutory construction
Nothing in this subsection authorizes the use of funds appropriated to the Department of State to make payments for—
(A) contracts, grants, or other agreements with any other party to carry out the activities described in this subsection; or
(B) the satisfaction of any legal claim or judgment or the costs of litigation brought against the Department of State arising from activities described in this subsection.
(c) Notification
No funds made available to the Department of State by any Federal agency to be used for a United States pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions may be obligated or expended unless the appropriate congressional committees are notified not less than 15 days prior to such obligation or expenditure.
(d) Reports
The Commissioner General of a United States pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions shall submit to the Secretary of State and the appropriate congressional committees a report concerning activities relating to such pavilion or exhibit every 180 days while serving as Commissioner General and shall submit a final report summarizing all such activities not later than 1 year after the closure of the pavilion or exhibit.
(
Editorial Notes
Codification
Section is comprised of section 1000(a)(7) [div. A, title II, §204] of div. B of
Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the Mutual Educational and Cultural Exchange Act of 1961 which comprises this chapter.
Amendments
2017—Subsec. (b)(1)(C).
Statutory Notes and Related Subsidiaries
Definitions
In subsecs. (c) and (d), "appropriate congressional committees" means the Committee on International Relations (now Committee on Foreign Affairs) of the House of Representatives and the Committee on Foreign Relations of the Senate, see section 1000(a)(7) [§3(1)] of
United States Competition for a World Expo
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'U.S. Wants to Compete for a World Expo Act'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) The Bureau of International Expositions (BIE) is the organization responsible for governing World Fairs and International Expositions.
"(2) Section 1(a) of
"(3) The United States has not been an active member of the BIE since 2001.
"(4) State and local governments and private entities in the United States have continued to participate in international expositions held in foreign countries as a means of promoting United States exports and creating jobs, but face significantly higher costs for such participation because the United States is not an active member.
"(5) State and local governments and private entities in the United States have expressed interest in an international exposition being hosted in the United States, but the bid of a United States city, region, or State to host an international exposition is unlikely to be successful if the United States is not a member of the BIE.
"SEC. 3. SENSE OF CONGRESS.
"It is the sense of Congress that—
"(1) the United States should rejoin the BIE immediately to promote domestic job creation, global branding, and tourism to the United States; and
"(2) the Secretary of State, in partnership with the Secretary of Commerce, State and local governments, and private and non-profit entities, should take all necessary steps to facilitate the timely submission of a request to rejoin the BIE.
"SEC. 4. AUTHORIZATION.
"(a)
"(b)
"(c)
"SEC. 5. CONTINUATION OF PROHIBITION ON USE OF FEDERAL FUNDS FOR WORLD'S FAIR PAVILIONS AND EXHIBITS.
"(a)
"(b)
§2452c. Program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships
(a) Findings
Congress makes the following findings:
(1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary schools are located in more than 20 countries with predominantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
(3) United States-sponsored elementary and secondary schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills.
(b) Statement of policy
The United States has an interest in increasing the level of financial support provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim populations in order to—
(1) increase the number of students in such countries who attend such schools;
(2) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States; and
(3) increase the number of young people who may thereby improve their proficiency in the English language.
(c) Program
The Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may conduct a program to make grants to United States-sponsored elementary and secondary schools in countries with predominantly Muslim populations for the purpose of providing full or partial merit-based scholarships to students from lower-income and middle-income families of such countries to attend such schools.
(d) Determination of eligible students
For purposes of the program, a United States-sponsored elementary and secondary school that receives a grant under the program may establish criteria to be implemented by such school to determine what constitutes lower-income and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located.
(e) Restriction on use of funds
Amounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (h) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or for any other activity of the Office.
(f) Voluntary participation
Nothing in this section shall be construed to require participation in the program by a United States-sponsored elementary or secondary school in a predominantly Muslim country.
(g) Report
Not later than April 15, 2006, and April 15, 2008, the Secretary of State shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the program. The report shall assess the success of the program, examine any obstacles encountered in its implementation, and address whether it should be continued, and if so, provide recommendations to increase its effectiveness.
(h) Funding
There are authorized to be appropriated to the Secretary of State for each of the fiscal years 2007 and 2008, unless otherwise authorized by Congress, such sums as necessary to implement the program under this section.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Mutual Educational and Cultural Exchange Act of 1961 which comprises this chapter.
Amendments
2007—
Subsec. (c).
Subsecs. (d), (f).
Subsec. (g).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Findings
"(1) Section 7113 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(2) Since the date of the enactment of that section [Dec. 17, 2004], the Middle East Partnership Initiative has pursued implementation of that program."
§2453. Agreements with foreign governments and international organizations
(a) Authorization
The Director of the United States Information Agency is authorized to enter into agreements with foreign governments and international organizations, in furtherance of the purposes of this chapter. In such agreements the Director of the United States Information Agency is authorized, when he deems it in the public interest, to seek the agreement of the other governments concerned to cooperate and assist, including making use of funds placed in special accounts pursuant to agreements concluded in accordance with section 1513(b)(6) 1 of this title, or any similar agreements, in providing for the activities authorized in
(b) Creation or continuation of binational or multinational educational and cultural foundations and commissions
Such agreements may also provide for the creation or continuation of binational or multinational educational and cultural foundations and commissions for the purpose of administering programs in furtherance of the purposes of this chapter.
(c) United States participation in programs
In such agreements with international organizations, the Director of the United States Information Agency may provide for equitable United States participation in and support for, including a reasonable share of the cost of, educational and cultural programs to be administered by such organizations.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
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
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of State, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
1 See References in Text note below.
§2454. Administration
(a) Delegation of powers; submission of proposal for delegation to Congress
The President may delegate, to such officers of the Government as he 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: Provided, That where the President has delegated any of such powers to any officer, before the President implements any proposal for the delegation of any of such powers to another officer, that proposal shall be submitted to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate, and thereafter a period of not less than sixty days shall have elapsed while Congress is in session. In computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days.
(b) Employment of personnel
The President is authorized to employ such other personnel as he deems necessary to carry out the provisions and purposes of this chapter, and of such personnel not to exceed ten may be compensated without regard to the provisions of
(c) Repealed. Pub. L. 96–465, title II, §2205(7), Oct. 17, 1980, 94 Stat. 2160
(d) Extension of benefits
For the purpose of performing functions under this chapter outside the United States, the Director of the United States Information Agency is authorized to provide that any person employed or assigned by a United States Government agency shall be entitled, except to the extent that the Director of the United States Information Agency may specify otherwise in cases in which the period of employment or assignment exceeds thirty months, to the same benefits as are provided by
(e) Grants; use of funds, counseling service; publicity and promotion abroad
(1) In providing for the activities and interchanges authorized by
(2) Funds available for programs under this chapter may be used (i) to provide for orientation courses, language training, or other appropriate services and materials for persons traveling out of the countries of their residence for educational and cultural purposes which further the purposes of this chapter, whether or not they are receiving other financial support from the Government, and (ii) to provide or continue services to increase the effectiveness of such programs following the return of such persons to the countries of their residence.
(3) For the purpose of assisting foreign students in making the best use of their opportunities while attending colleges and universities in the United States, and assisting such students in directing their talents and initiative into channels which will make them more effective leaders upon return to their native lands, the Director of the United States Information Agency may make suitable arrangements, by contract or otherwise, for the establishment and maintenance at colleges and universities in the United States attended by foreign students of an adequate counseling service.
(4) The Director of the United States Information Agency is authorized to provide for publicity and promotion (including representation) abroad of activities of the type provided for in this chapter, and of similar services and opportunities for interchange not supported by the United States Government.
(f) Repealed. Pub. L. 96–60, title II, §203(a)(1), Aug. 15, 1979, 93 Stat. 398
(g) Currency exchange for foreign students and teachers coming temporarily to the United States
(1) For the purpose of performing functions authorized by
(2) In performing the functions authorized under
(3) The total amount of United States dollars acquired by any individual through currency exchanges under the authority of
(4) An individual shall be eligible to exchange foreign currency for United States dollars at United States embassies under
(5) As used in
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b), (d), (e)(1), (2), (4), was in the original "this Act", meaning
The Immigration and Nationality Act, referred to in subsec. (g)(4), is act June 27, 1952, ch. 477,
Codification
In subsec. (b), "
Amendments
1994—Subsec. (e)(4).
1980—Subsec. (c).
Subsec. (d).
1979—Subsec. (f).
1978—Subsec. (e)(1).
1966—Subsec. (g).
1962—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
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
For transfer of functions and offices (relating to education) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, and termination of certain offices and positions under Ex. Ord. No. 11034, June 25, 1962, as amended, set out under this section, see
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, §101(c)(1)] of
Executive Documents
Ex. Ord. No. 11034. Administration of Programs
Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, as amended by Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Mutual Educational and Cultural Exchange Act of 1961 (
(1) The functions so conferred by Sections 102(a)(1), 102(a)(2)(i), (ii), and (iv), 102(b)(3), (5) and (9), 103, 104(e)(3), and 105(d)(1) and (e) of the Act [sections 2452(a)(1), (2)(i), (ii), (iv), (b)(3), (5), (9), 2453, subsec. (e)(3) of this section, and 2455(d)(1), (e) of this title].
(2) The functions so conferred by Sections 102(a)(2)(iii) and (b)(1), (2), (4), (7) and (8) of the Act (the provisions of Section 2(a) of this order notwithstanding) [
(3) The functions so conferred by Section 102(a)(3) of the Act [
(4) The functions so conferred by Sections 104(d) and (e)(4) and 108(c) and (d) of the Act [subsecs. (d), (e)(4) of this section and
(5) The function so conferred by Section 104(e)(1) of the Act [subsec. (e)(1) of this section] of prescribing rates for per diem in lieu of subsistence; but in carrying out the said function as it relates to functions herein delegated to the Director of the United States Information Agency or the Secretary of Education, the Secretary of State shall consult with them.
(b) The Secretary of State, in collaboration with the Director of the United States Information Agency, the Secretary of Commerce, and the Secretary of Education with respect to the functions delegated by Sections 2, 3, and 4, respectively, of this order, shall prepare and transmit to the President the reports which the President is required to submit to the Congress by Section 108(b) of the Act [
(c) With respect to the carrying out of functions under Section 102(a)(2)(ii) of the Act [
(1) The functions so conferred by Sections 102(a)(2)(iii) and (b)(1) [
(2) The functions so conferred by Section 104(e)(4) of the Act [subsec. (e)(4) of this section] (the provisions of Sections 1(a)(4) and 3(b) of this order notwithstanding).
(3) The functions so conferred by Section 102(a)(3) of the Act [
(4) The functions so conferred by Sections 104(d) and 108(c) and (d) of the Act [subsec. (d) of this section and
(b) The Director of the United States Information Agency shall prepare and transmit to the President the reports which the President is required to submit to the Congress by section 108(b) of the Act [
(c) The functions so conferred by Section 102(a)(3) of the Act [
(d) The functions so conferred by Sections 104(d) and 108(c) and (d) of the Act [subsec. (d) of this section and
(a) The functions so conferred by Section 102(a)(3) of the Act [
(b) The functions so conferred by Sections 104(e)(4) and 108(c) of the act [subsec. (e)(4) of this section and
(1) The authority conferred upon the President by Sections 105(d)(2) and (f) and 106(d) and (f) of the Act [
(2) Subject to the provisions of Section 5(b) and (c) of this order, the authority conferred upon the President by Section 104(b) of the Act [subsec. (b) of this section] to employ personnel.
(b) The employment, by any department or other executive agency under Section 5(a)(2) of this order, of any of the not to exceed ten persons who may be compensated with regard to the Classification Act of 1949 [
(c) Persons employed or assigned by a department or other executive agency for the purpose of performing functions under the Act outside the United States shall be entitled, except in cases in which the period of employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of the Foreign Service Act of 1980 (
(d) Pursuant to Section 104(f) of the Act [subsec. (f) of this section], Executive Order No. 10450 of April 27, 1953 (18 F.R. 2489) [set out as a note under
(e) Any officer to whom functions vested in the President by the Act are hereinabove delegated may (1) allocate to any other officer of the executive branch of the Government any funds appropriated or otherwise made available for the functions so delegated to him as he may deem appropriate for the best carrying out of the functions and (2) make available, for use in connection with any funds so allocated by him, any authority he has under this order.
(b) Notwithstanding the delegations made by this order, the President may in his discretion exercise any function comprehended by such delegations.
(1) Section 15 of the Administrative Expenses Act of 1946 (c. 744, August 2, 1946;
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c. 744, August 2, 1946;
(3) Section 3648 of the Revised Statutes, as amended (
(4) Section 322 of the Act of June 30, 1932, c. 314,
(5) Section 3709 of the Revised Statutes, as amended (
(6) Section 3710 of the Revised Statutes (
(7) Section 2 of the Act of March 3, 1933, c. 212,
(8) Section 3735 of the Revised Statutes (
(9) Sections 302–305 of the Federal Property and Administrative Services Act of 1949 (June 30, 1949, c. 288,
(10) Section 87 of the Act of January 12, 1895, c. 23,
(11) Section 1 of the Act of June 20, 1978, c. 359,
(12) Section 3828 of the Revised Statutes (
(13) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936, c. 858,
(14) Any provision of law or limitation of authority to the extent that such provision or limitation would limit or prohibit construction of buildings by the United States on property not owned by it.
(15) Any provision of law or limitation of authority to the extent that such provision or limitation would limit or prohibit (i) receipt of admission fees or payments under contracts through advances or otherwise, for concessions, services, space, or other consideration, and the credit of such receipts to the applicable appropriation, and (ii) rental or lease for periods not exceeding ten years of buildings and grounds.
(b) It is directed (1) that all waivers of statutes and limitations of authority effected by the foregoing provisions of this section shall be utilized in a prudent manner and as sparingly as may be practical, and (2) that suitable steps shall be taken by the administrative agencies concerned to insure that result, including, as may be appropriate, the imposition of administrative limitations in lieu of waived statutory requirements and limitations of authority.
(a) References in this order to the Act or any provision of the Act shall be deemed to include references thereto as amended from time to time.
(b) References in this order to any prior Executive order not superseded by this order shall be deemed to include references thereto as amended from time to time.
(c) References in this order to this order shall be deemed to include references thereto as amended from time to time.
(b) This order shall neither limit nor be limited by Executive Order No. 11014 of April 17, 1962 [formerly set out under this section].
(c) To the extent not heretofore superseded, there are hereby superseded the provisions of the letters of the President to the Director of the United States Information Agency dated August 16, 1955, and August 21, 1956 (22 F.R. 101–103).
[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
Ex. Ord. No. 11380. Amending Prior Executive Orders Relating to Mutual Educational and Cultural Exchange and to Allowances and Benefits for Government Personnel on Overseas Duty
Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627, provided:
By virtue of the authority vested in me by the Mutual Educational and Cultural Exchange Act of 1961 (
Part I—Mutual Educational and Cultural Exchange
Part II—Approval of Certain Regulations Relating to Living Quarters
Lyndon B. Johnson.
[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
Ex. Ord. No. 11770. Delegation of Functions Respecting International Symposium on Geothermal Energy—1975
Ex. Ord. No. 11770, Feb. 21, 1974, 39 F.R. 7127, provided:
By virtue of the authority vested in me by section 104 of the Mutual Educational and Cultural Exchange Act of 1961 (
Richard Nixon.
§2455. Appropriations
(a) Availability
Amounts appropriated to carry out the purposes of this chapter are authorized to be made available until expended.
(b) Acquisition of foreign currencies
Funds appropriated for programs under this chapter may, without regard to section 3651 1 of the Revised Statutes (
(c) Transfer of funds
Moneys appropriated to any department or agency of the Government in furtherance of the purposes of this chapter for research, technical aid, and educational and cultural programs, may be transferred by the President to any other appropriation available for like purposes, but no appropriation authorized by this chapter shall be increased or decreased by more than 10 per centum by reason of transfers pursuant to this subsection.
(d) Reserve and use of certain funds
The President is authorized—
(1) to reserve in such amounts and for such periods as he shall determine to be necessary to provide for the programs authorized by subsections (a)(1), (2)(i) of
(2) notwithstanding the provisions of any other law, to use in such amounts as may from time to time be specified in appropriation Acts, to the extent that such use is not restricted by agreement with the foreign nations concerned, for any programs authorized by this chapter,
any currencies of foreign nations received or to be received by the United States or any agency thereof—
(i) under agreements disposing of surplus property or settling lend-lease and other war accounts concluded after World War II;
(ii) as the proceeds of sales or loan repayments, including interest, for transactions heretofore or hereafter effected under the Food for Peace Act, as amended [
(iii) in repayment of principal or interest on any other credit extended or loan heretofore or hereafter made by the United States or any agency thereof; or
(iv) as deposits to the account of the United States pursuant to section 1513(b)(6) 1 or section 1513(h) 1 of this title, or any similar provision of any other law.
(e) Reservation and use of sums due or paid by the Republic of Finland
The Director of the United States Information Agency is further authorized to reserve and use for educational and cultural exchange programs and other activities authorized in subsections (a) and (b) of
(f) Contribution of funds, property, and services by foreign governments, international organizations, and private individuals, firms, associations, and agencies
Foreign governments, international organizations and private individuals, firms, associations, agencies, and other groups shall be encouraged to participate to the maximum extent feasible in carrying out this chapter and to make contributions of funds, property, and services which the President is authorized to accept, to be utilized to carry out the purposes of this chapter. Funds made available for the purposes of this chapter may be used to contribute toward meeting the expenses of activities carried out through normal private channels, by private means, and through foreign governments and international organizations.
(g) Currency exchanges
Notwithstanding any other provision of this chapter, there are authorized to be appropriated for the purposes of making currency exchanges under
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (d), (f), and (g), was in the original "this Act", meaning
Section 3651 of the Revised Statutes (
The Food for Peace Act, as amended, referred to in subsec. (d)(2)(ii), is act July 10, 1954, ch. 469,
The acts of February 25, 1919, and February 9, 1922, referred to in subsec. (e), are not classified to the Code.
Amendments
2008—Subsec. (d)(2)(ii).
1994—Subsec. (a).
1966—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
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
Increase in Grants for Exchange-of-Persons Activities; Funds for Specific Programs, Reductions, Other Use of Funds, Report to Congressional Committees
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of State, Director of United States Information Agency, Secretary of Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
1 See References in Text note below.
§2456. J. William Fulbright Foreign Scholarship Board
(a) Appointment; members; considerations for selection
(1) For the purpose of selecting students, scholars, teachers, trainees, and other persons to participate in the programs authorized under
(2) In the selection of American citizens for participation in programs under this chapter, preference shall be given to those who have served in the Armed Forces of the United States, and due consideration shall be given to applicants from all geographical areas of the United States.
(b) Omitted
(c) Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(2), Oct. 21, 1998, 112 Stat. 2681–790
(d) Creation of interagency and other advisory committees; conferences of persons
The President is authorized to create such interagency and other advisory committees as in his judgment may be of assistance in carrying out the purposes of this chapter, and from time to time to convene conferences of persons interested in educational and cultural affairs to consider matters relating to the purposes of this chapter.
(e) Availability of appropriations for expenses; transportation expenses and per diem; compensation of members of Board and Committees
The provisions of
(f) Secretarial and staff assistance
The President is authorized to provide for necessary secretarial and staff assistance for the Board and such committees as may be created under this section.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (d), and (e), was in the original "this Act", meaning
Codification
Subsec. (b), which established the United States Advisory Commission on International Educational and Cultural Affairs to replace the United States Advisory Commission on Educational Exchange, and provided for its functions and the appointment and terms of its members, and the provisions of subsecs. (e) and (f) referring to the "Commission", were omitted pursuant to Reorg. Plan No. 2 of 1977, §9(a)(3), 42 F.R. 62461,
In subsec. (e), "
In subsec. (e), "
Amendments
1998—Subsec. (c).
1991—Subsec. (a)(1).
1990—Subsec. (a)(1).
1979—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1979 Amendment
Transfer of Functions
"Department of Education" substituted for "Office of Education" in subsec. (a), pursuant to sections 301(b)(2) and 507 of
"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in subsec. (e), pursuant to section 303(b) of
Termination of Advisory Commissions and Committees
Advisory commissions or 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 commission or committee established by the President or an officer of the Federal Government, such commission or committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission or committee established by the Congress, its duration is otherwise provided for by law. See
Continued Service of Board Members
References to Board of Foreign Scholarships
Executive Documents
Transfer of Functions
Functions vested in President, Secretary of State, Department of State, United States Information Agency or Director thereof under this chapter transferred to Director of International Communication Agency by section 7(a)(2) of Reorg. Plan No. 2 of 1977, set out under
Delegation of Functions
Functions of President under this section delegated to Secretary of State, Director of United States Information Agency, Secretary of Commerce, and Secretary of Education, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
§2457. Reports by Board
The Board shall submit annual reports to the Congress and 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 authorized by this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Provisions relating to the submission of reports to Congress by the United States Advisory Commission on International Educational and Cultural Affairs [which replaced the United States Advisory Commission on Educational Exchange], and the Advisory Committee on the Arts, were omitted pursuant to Reorg. Plan No. 2 of 1977, §9(a)(3), (6), 42 F.R. 62461,
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in this section relating to submitting annual reports to Congress, see section 3003 of
Termination of Advisory Commissions and Committees
Advisory commissions or 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 commission or committee established by the President or an officer of the Federal Government, such commission or committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission or committee established by the Congress, its duration is otherwise provided for by law. See
§2458. Authority of President
(a) Performance of certain functions without regard to other laws; appropriation credits upon reimbursement for services in connection with exchange activities
(1) Whenever the President determines it to be in furtherance of this chapter, the functions authorized in section 2452(a)(2) and (3) of this title may be performed without regard to such provisions of law or limitations of authority regulating or relating to the making, performance, amendment, or modification of contracts, the acquisition and disposition of property, and the expenditure of Government funds, as he may specify.
(2) Notwithstanding any other provision of law, the Director of the United States Information Agency may provide, on a reimbursable basis, services within the United States in connection with exchange activities otherwise authorized by this chapter when such services are requested by a department or executive agency. Reimbursements under this paragraph shall be credited to the applicable appropriation of the Agency.
(b) Periodic reports of activities and expenditures
The President shall submit periodic reports to the Congress of activities carried on and expenditures made in furtherance of the purposes of this chapter and of the United States Information and Educational Exchange Act of 1948, as amended [
(c) Expenditures in selection, purchase, rental, construction, or other acquisition of exhibits and materials and equipment therefor
In connection with activities authorized by section 2452(a)(2) and (3) of this title, the President is authorized to provide for all necessary expenditures involved in the selection, purchase, rental, construction, or other acquisition of exhibits and materials and equipment therefor, and the actual display thereof, including but not limited to costs of transportation, insurance, installation, safekeeping and storage, maintenance and operation, rental of space, and dismantling.
(d) Utilization of provisions of other laws
The President is authorized to utilize the provisions of title VIII of the United States Information and Educational Exchange Act of 1948, as amended [
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b), and (d), was in the original "this Act", meaning
The United States Information and Educational Exchange Act of 1948, as amended, referred to in subsecs. (b) and (d), is act Jan. 27, 1948, ch. 36,
Amendments
1980—Subsec. (b).
1979—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
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
"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in subsec. (a)(2), pursuant to section 303(b) of
Soviet Nationals Participating in Exchange Programs; Topics and Location of Study; National Security Interests; Report to Congress
Executive Documents
Transfer of Functions
Functions vested in President, Secretary of State, Department of State, United States Information Agency or Director thereof under this chapter transferred to Director of International Communication Agency by Reorg. Plan No. 2 of 1977, §7(a)(2), 42 F.R. 62461,
Delegation of Functions
Functions of President under this section delegated to Secretary of State, Director of United States Information Agency, and Secretary of Commerce, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under
§2458a. Federal employee participation in cultural exchange programs
(a) Grants and other foreign government assistance; family or household expense assistance prohibited; "Federal employee" defined
(1) Congress consents to the acceptance by a Federal employee of grants and other forms of assistance provided by a foreign government to facilitate the participation of such Federal employee in a cultural exchange—
(A) which is of the type described in
(B) which is conducted for a purpose comparable to the purpose stated in
(C) which is specifically approved by the Secretary of State for purposes of this section;
but the Congress does not consent to the acceptance by any Federal employee of any portion of any such grant or other form of assistance which provides assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee.
(2) For purposes of this section, the term "Federal employee" means any employee as defined in subparagraphs (A) through (F) of
(b) Foreign grants and other assistance not gifts for purposes of section 7342 of title 5
The grants and other forms of assistance with respect to which the consent of Congress is given in subsection (a) of this section shall not constitute gifts for purposes of
(c) Regulations
The Secretary of State is authorized to promulgate regulations for purposes of this section.
(
Editorial Notes
Amendments
1979—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
§2459. Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display
(a) Agreements; Presidential determination; publication in Federal Register
Whenever any work of art or other object of cultural significance is imported into the United States from any foreign country, pursuant to an agreement entered into between the foreign owner or custodian thereof and the United States or one or more cultural, educational, or religious institutions with the capacity to appropriately curate such object within the United States providing for temporary storage, conservation, scientific research, exhibition, or display within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural, educational, or religious institution with the capacity to appropriately curate such object, no court of the United States, any State, the District of Columbia, or any territory or possession of the United States may issue or enforce any judicial process, or enter any judgment, decree, or order, for the purpose or having the effect of depriving such institution, or any carrier engaged in transporting such work or object within the United States, of custody or control of such object if before the importation of such object the President or his designee has determined that such object is of cultural significance and that temporary storage, conservation, scientific research, exhibition, or display within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.
(b) Intervention of United States attorney in pending judicial proceedings
If in any judicial proceeding in any such court any such process, judgment, decree, or order is sought, issued, or entered, the United States attorney for the judicial district within which such proceeding is pending shall be entitled as of right to intervene as a party to that proceeding, and upon request made by either the institution adversely affected, or upon direction by the Attorney General if the United States is adversely affected, shall apply to such court for the denial, quashing, or vacating thereof.
(c) Enforcement of agreements and obligations of carriers under transportation contracts
Nothing contained in this section shall preclude (1) any judicial action for or in aid of the enforcement of the terms of any such agreement or the enforcement of the obligation of any carrier under any contract for the transportation of any such object of cultural significance; or (2) the institution or prosecution by or on behalf of any such institution or the United States of any action for or in aid of the fulfillment of any obligation assumed by such institution or the United States pursuant to any such agreement.
(d) Imported and importation defined
For purposes of this section, the terms "imported" and "importation" include a transfer from a mission of a foreign country located within the United States to a cultural, educational, or religious institution located within the United States.
(
Editorial Notes
Codification
Section was not enacted as a part of the Mutual Educational and Cultural Exchange Act of 1961, which comprises this chapter.
Amendments
2021—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Afghanistan
"(1)
"(A) the work or object is exported from Afghanistan with an export permit or license duly issued by the Government of Afghanistan; and
"(B)(i) an agreement is entered into between the Government of Afghanistan and the cultural, educational, or religious institution with the capacity to appropriately curate such object within the United States that specifies the conditions for such material to be returned to Afghanistan; or
"(ii) the work or object is transferred to a cultural, educational, or religious institution with the capacity to appropriately curate such object in the United States in accordance with an agreement described in clause (i) that also includes an authorization to transfer such work or object to other such institutions in the United States."
Executive Documents
Executive Order No. 11312
Ex. Ord. No. 11312, Oct. 14, 1966, 31 F.R. 13415, which related to the delegation of functions to the Secretary of State, was revoked by Ex. Ord. No. 12047, Mar. 27, 1978, 43 F.R. 13359, set out below.
Ex. Ord. No. 12047. Imported Objects of Cultural Significance
Ex. Ord. No. 12047, Mar. 27, 1978, 43 F.R. 13359, as amended by Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245, provided:
By virtue of the authority vested in me by the Act of October 19, 1965, entitled "An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes" (
[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
§2460. Bureau of Educational and Cultural Affairs
(a) Establishment; responsibilities
In order to carry out the purposes of this chapter, there is established in the United States Information Agency, or in such appropriate agency of the United States as the President shall determine, a Bureau of Educational and Cultural Affairs (hereinafter in this section referred to as the "Bureau"). The Bureau shall be responsible for managing, coordinating, and overseeing programs established pursuant to this chapter, including but not limited to—
(1) the J. William Fulbright Educational Exchange Program which, by promoting the exchange of scholars, researchers, students, trainees, teachers, instructors, and professors, between the United States and foreign countries, accomplishes the purposes of
(2) the Hubert H. Humphrey Fellowship Program which finances (A) study at American universities and institutions of higher learning, including study in degree granting programs, and (B) participation in fellowships, internships, or other programs in American governmental and nongovernmental institutions for public managers and other individuals from developing countries;
(3) the International Visitors Program which provides grants for short-term visits to the United States for foreign nationals who are, or have the potential to be, leaders in their respective fields in their own countries;
(4) the American Cultural Centers and Libraries which make available at selected foreign locations, books, films, sound recordings, and other materials about the United States, its people and culture, and about other topics;
(5) the American Overseas Schools Program which provides financial assistance to the operations of American-sponsored schools overseas;
(6) the American Studies Program which fosters and supports the study of the United States, and its people and culture, in foreign countries;
(7) a program of working with private, not-for-profit groups through contracts, grants, or cooperative agreements, as authorized by
(8) the Samantha Smith Memorial Exchange Program which advances understanding between the United States and the independent states of the former Soviet Union and between the United States and Eastern European countries through the exchange of persons under the age of 21 years and of students at an institution of higher education (as defined in
(9) the Arts America program which promotes a greater appreciation and understanding of American art abroad by supporting exhibitions and tours by American artists in other countries; and
(10) 1 exchange programs, including in coordination and consultation with the private sector, focused on music and the performing arts that provide opportunities for foreign nationals and Americans to build cross-cultural understanding and advance peace abroad.
(10) 1 the John Lewis Civil Rights Fellowship Program established under
(b) Revocation or diminution of grants
(1) All recipients of Fulbright Academic Exchange and Humphrey Fellowship awards shall have full academic and artistic freedom, including freedom to write, publish, and create. No award granted pursuant to this chapter may be revoked or diminished on account of the political views expressed by the recipient or on account of any scholarly or artistic activity that would be subject to the protections of academic and artistic freedom normally observed in universities in the United States. The Board shall ensure that the academic and artistic freedoms of all persons receiving grants are protected.
(2) The J. William Fulbright Foreign Scholarship Board shall formulate a policy on revocation of Fulbright grants which shall be made known to all grantees. Such policy shall fully protect the right to due process as well as the academic and artistic freedom of all grantees.
(c) Program requirements
The President shall insure that all programs under the authority of the Bureau shall maintain their nonpolitical character and shall be balanced and representative of the diversity of American political, social, and cultural life. The President shall insure that academic and cultural programs under the authority of the Bureau shall maintain their scholarly integrity and shall meet the highest standards of academic excellence or artistic achievement.
(d) Administration of programs
(1) The Bureau shall administer no programs except those operating under the authority of this chapter and consistent with its purposes.
(2) Notwithstanding paragraph (1), the Bureau may also exercise the authorities of this chapter to administer programs authorized by, or funded pursuant to, the FREEDOM Support Act, the Support for East European Democracy Act [
(e) Office of Citizen Exchanges
There is established in the Bureau of Educational and Cultural Affairs an Office of Citizen Exchanges. The Office shall support private not-for-profit organizations engaged in the exchange of persons between the United States and other countries.
(f) Coordination of exchange programs; reports
(1) The President shall ensure that all exchange programs conducted by the United States Government, its departments and agencies, directly or through agreements with other parties, are reported at a time and in a format prescribed by the Director. The President shall ensure that such exchanges are consistent with United States foreign policy and avoid duplication of effort.
(2) Not later than 90 days after April 30, 1994, and annually thereafter, the President shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report pursuant to paragraph (1). Such report shall include information for each exchange program supported by the United States on the objectives of such exchange, the number of exchange participants supported, the types of exchange activities conducted, the total amount of Federal expenditures for such exchanges, and the extent to which such exchanges are duplicative.
(g) Working Group on United States Government-Sponsored International Exchanges and Training
(1) In order to carry out the purposes of subsection (f) and to improve the coordination, efficiency, and effectiveness of United States Government-sponsored international exchanges and training, there is established within the Department of State a senior-level interagency working group to be known as the Working Group on United States Government-Sponsored International Exchanges and Training (in this section referred to as the "Working Group").
(2) For purposes of this subsection, the term "Government-sponsored international exchanges and training" means the movement of people between countries to promote the sharing of ideas, to develop skills, and to foster mutual understanding and cooperation, financed wholly or in part, directly or indirectly, with United States Government funds.
(3) The Working Group shall be composed as follows:
(A) The Assistant Secretary of State for Educational and Cultural Affairs, who shall act as Chair.
(B) A senior representative of the Department of Defense, who shall be designated by the Secretary of Defense.
(C) A senior representative of the Department of Education, who shall be designated by the Secretary of Education.
(D) A senior representative of the Department of Justice, who shall be designated by the Attorney General.
(E) A senior representative of the Agency for International Development, who shall be designated by the Administrator of the Agency.
(F) Senior representatives of such other departments and agencies as the Chair determines to be appropriate.
(4) Representatives of the National Security Adviser and the Director of the Office of Management and Budget may participate in the Working Group at the discretion of the Adviser and the Director, respectively.
(5) The Working Group shall be supported by an interagency staff office established in the Bureau of Educational and Cultural Affairs of the Department of State.
(6) The Working Group shall have the following purposes and responsibilities:
(A) To collect, analyze, and report data provided by all United States Government departments and agencies conducting international exchanges and training programs.
(B) To promote greater understanding and cooperation among concerned United States Government departments and agencies of common issues and challenges in conducting international exchanges and training programs, including through the establishment of a clearinghouse for information on international exchange and training activities in the governmental and nongovernmental sectors.
(C) In order to achieve the most efficient and cost-effective use of Federal resources, to identify administrative and programmatic duplication and overlap of activities by the various United States Government departments and agencies involved in Government-sponsored international exchange and training programs, to identify how each Government-sponsored international exchange and training program promotes United States foreign policy, and to report thereon.
(D)(i) Not later than 1 year after October 21, 1998, the Working Group shall develop a coordinated and cost-effective strategy for all United States Government-sponsored international exchange and training programs, including an action plan with the objective of achieving a minimum of 10 percent cost savings through greater efficiency, the consolidation of programs, or the elimination of duplication, or any combination thereof.
(ii) Not later than 1 year after October 21, 1998, the Working Group shall submit a report to the appropriate congressional committees setting forth the strategy and action plan required by clause (i).
(iii) Each year thereafter the Working Group shall assess the strategy and plan required by clause (i).
(E) Not later than 2 years after October 21, 1998, to develop recommendations on common performance measures for all United States Government-sponsored international exchange and training programs, and to issue a report.
(F) To conduct a survey of private sector international exchange activities and develop strategies for expanding public and private partnerships in, and leveraging private sector support for, United States Government-sponsored international exchange and training activities.
(G) Not later than 6 months after October 21, 1998, to report on the feasibility and advisability of transferring funds and program management for the ATLAS or the Mandela Fellows programs, or both, in South Africa from the Agency for International Development to the Department of State. The report shall include an assessment of the capabilities of the South African Fulbright Commission to manage such programs and the cost effects of consolidating such programs under one entity.
(7) All reports prepared by the Working Group shall be submitted to the President, through the Secretary of State, acting through the Under Secretary of State for Public Diplomacy.
(8) The Working Group shall meet at least on a quarterly basis.
(9) All decisions of the Working Group shall be by majority vote of the members present and voting.
(10) The members of the Working Group shall serve without additional compensation for their service on the Working Group. Any expenses incurred by a member of the Working Group in connection with service on the Working Group shall be compensated by that member's department or agency.
(11) With respect to any report issued under paragraph (6), a member may submit dissenting views to be submitted as part of the report of the Working Group.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b)(1), and (d), was in the original "this Act", meaning
The FREEDOM Support Act, referred to in subsec. (d)(2), is
The Support for East European Democracy Act, referred to in subsec. (d)(2), probably means the Support for East European Democracy (SEED) Act of 1989,
The Foreign Assistance Act of 1961, referred to in subsec. (d)(2), is
Amendments
2023—Subsec. (a)(10).
2022—Subsec. (a)(10).
2002—Subsec. (d).
Subsec. (g)(1).
Subsec. (g)(3)(A).
Subsec. (g)(3)(B) to (G).
Subsec. (g)(5).
Subsec. (g)(6)(G).
Subsec. (g)(7).
1998—Subsec. (a)(8).
Subsec. (g).
1994—Subsec. (f).
1993—Subsec. (a)(8).
1990—Subsec. (a)(8).
Subsecs. (b) to (d).
Subsec. (e).
1987—Subsec. (a)(8), (9).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
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
Private Sector Partnerships
"(1)
"(A) to partner with the private sector in support of music-related exchange programs implemented by the Bureau of Educational and Cultural Affairs (referred to in this section as the 'ECA');
"(B) to leverage private sector expertise in developing and implementing such programs; and
"(C) to expand networking and mentorship opportunities for program participants.
"(2)
"(A) whose works or performances have advanced peace abroad; and
"(B) who could contribute to networking and mentorship opportunities for participants of music-related exchange programs implemented by ECA."
Information on Educational Opportunities for Children With Special Education Needs Consistent With the Individuals With Disabilities Education Act
Private Sector Program; Restrictions on Funds for Foreign Travel; Waiver; Reports
"(a) No funds authorized to be appropriated for the Private Sector Program shall be used to pay for foreign travel by any United States citizen who, in the five years preceding the date of the proposed foreign travel, made two or more trips financed in whole or in substantial part by grants from the Private Sector Program. This limitation shall not apply to escort interpreters accompanying delegations, to artists accompanying exhibitions, to persons engaging in theatrical or musical performances, or to the full-time staff of the grantee organization. In addition, the Director of the Bureau of Educational and Cultural Affairs may waive this limitation in exceptional cases if he determines that foreign travel is essential to the successful completion of the grant program and so certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate at least fifteen days prior to the commencement of the proposed foreign travel.
"[(b) Repealed.
Definitions
In subsec. (a)(8), independent states of the former Soviet Union has the meaning given in
Executive Documents
Ex. Ord. No. 13055. Coordination of United States Government International Exchanges and Training Programs
Ex. Ord. No. 13055, July 15, 1997, 62 F.R. 39099, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the coordination of United States Government International Exchanges and Training Programs, it is hereby ordered as follows:
(a) Collect, analyze, and report data provided by all United States Government departments and agencies conducting international exchanges and training programs;
(b) Promote greater understanding of and cooperation on, among concerned United States Government departments and agencies, common issues and challenges faced in conducting international exchanges and training programs, including through the establishment of a clearinghouse for information on international exchange and training activities in the governmental and nongovernmental sectors;
(c) In order to achieve the most efficient and cost-effective use of Federal resources, identify administrative and programmatic duplication and overlap of activities by the various United States Government agencies involved in Government-sponsored international exchange and training programs, and report thereon;
(d) No later than 1 year from the date of this order, develop initially and thereafter assess annually a coordinated strategy for all United States Government-sponsored international exchange and training programs, and issue a report on such strategy;
(e) No later than 2 years from the date of this order, develop recommendations on performance measures for all United States Government-sponsored international exchange and training programs, and issue a report thereon; and
(f) Develop strategies for expanding public and private partnerships in, and leveraging private sector support for, United States Government-sponsored international exchange and training activities.
William J. Clinton.
[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
1 So in original. Two pars. (10) have been enacted.
§2461. Exchanges between United States and independent states of the former Soviet Union
(a) Financing of exchanges with repayments on Lend-Lease debts
The President is authorized to negotiate and implement agreements with the independent states of the former Soviet Union under which repayments made by the independent states on Lend-Lease debts to the United States would be used to finance the exchange of persons between the United States and the independent states for educational, cultural, and artistic purposes. Exchanges authorized pursuant to this section shall be administered subject to the provisions of this chapter. Part of the funds repaid to the United States shall be in convertible currency for the purpose of paying the expenses associated with study and other exchange activities in the United States by citizens of the independent states.
(b) Limitation on availability of funds
Funds made available for the purposes of this section shall be available only to the extent and in the amounts provided for in an appropriation Act.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1993—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Definitions
In subsec. (a), independent states of the former Soviet Union and independent states have the meanings given in
§2462. Establishment of grant program for foreign study by American college students of limited financial means
(a) Establishment
Subject to the availability of appropriations and under the authorities of the Mutual Educational and Cultural Exchange Act of 1961 [
(b) Eligibility
An individual referred to in subsection (a) is an individual who—
(1) is a student in good standing at an institution of higher education in the United States (as defined in section 101(a) of the Higher Education Act of 1965 [
(2) has been accepted for up to one academic year of study on a program of study abroad approved for credit by the student's home institution;
(3) is receiving any need-based student assistance under title IV of the Higher Education Act of 1965 [
(4) is a citizen or national of the United States.
(c) Application and selection
(1) Grant application and selection shall be carried out through accredited institutions of higher education in the United States or a combination of such institutions under such procedures as are established by the Secretary of State.
(2) In considering applications for grants under this section—
(A) consideration of financial need shall include the increased costs of study abroad; and
(B) priority consideration shall be given to applicants who are receiving Federal Pell Grants under title IV of the Higher Education Act of 1965 [
(
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (a), is
This Act, referred to in subsec. (a), probably means title III of
The Higher Education Act of 1965, referred to in subsecs. (b)(3) and (c)(2)(B), is
Codification
Section was enacted as part of the International Academic Opportunity Act of 2000, and also as part of the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000, and not as part of the Mutual Educational and Cultural Exchange Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
International Academic Opportunity
"SEC. 301. SHORT TITLE.
"This title [enacting this section and this note] may be cited as the 'International Academic Opportunity Act of 2000'.
"SEC. 302. STATEMENT OF PURPOSE.
"It is the purpose of this title to establish an undergraduate grant program for students of limited financial means from the United States to enable such students to study abroad. Such foreign study is intended to broaden the outlook and better prepare such students of demonstrated financial need to assume significant roles in the increasingly global economy.
"SEC. 303. ESTABLISHMENT OF GRANT PROGRAM FOR FOREIGN STUDY BY AMERICAN COLLEGE STUDENTS OF LIMITED FINANCIAL MEANS.
"[Enacted this section.]
"[SEC. 304. Repealed. Pub. L. 117–263, div. I, title XCVII, §9716(e), Dec. 23, 2022, 136 Stat. 3922 .]
"SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated $1,500,000 for each fiscal year to carry out this title.
"SEC. 306. EFFECTIVE DATE.
"This title shall take effect October 1, 2000."
§2463. Allocation of funds transferred to the Bureau of Educational and Cultural Affairs
Of each amount transferred to the Bureau of Educational and Cultural Affairs out of appropriations other than appropriations under the heading "Educational and Cultural Exchange Programs" for support of an educational or cultural exchange program, notwithstanding any other provision of law, not more than 7.5 percent shall be made available to cover administrative expenses incurred in connection with support of the program. Amounts made available to cover administrative expenses shall be credited to the appropriations under the heading "Educational and Cultural Exchange Programs" and shall remain available until expended.
(
§2464. Ethical issues in international health research
(a) In general
The Secretary shall make available funds for international exchanges to provide opportunities to researchers in developing countries to participate in activities related to ethical issues in human subject research, as described in subsection (c).
(b) Coordination with other programs
The Secretary shall coordinate programs conducted pursuant to this section with similar programs that may be conducted by the United States Agency for International Development and other Federal agencies as part of United States international health programs, particularly with respect to research and treatment of infectious diseases.
(c) Ethical issues in human subject research
For purposes of subsection (a), the phrase "activities related to ethical issues in human subject research" includes courses of study, conferences, and fora on development of and compliance with international ethical standards for clinical trials involving human subjects, particularly with respect to responsibilities of researchers to individuals and local communities participating in such trials, and on management and monitoring of such trials based on such international ethical standards.
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Mutual Educational and Cultural Exchange Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition
For definition of "Secretary" as used in this section, see section 3 of
§2465. John Lewis Civil Rights Fellowship Program
(a) Establishment
There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the "Fellowship Program") within the J. William Fulbright Educational Exchange Program.
(b) Purposes
The purposes of the Fellowship Program are—
(1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and
(2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world.
(c) Administration
The Bureau of Educational and Cultural Affairs (referred to in this section as the "Bureau") shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies.
(d) Selection of fellows
(1) In general
The Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25.
(2) Outreach
(A) In general
To the extent practicable, the Bureau shall conduct outreach at institutions, including—
(i) minority serving institutions, including historically Black colleges and universities; and
(ii) other appropriate institutions that are likely to produce a range of qualified applicants, as determined by the Bureau.
(B) Definitions
In this paragraph:
(i) Historically Black college and university
The term "historically Black college and university" has the meaning given the term "part B institution" in
(ii) Minority serving institution
The term "minority-serving institution" means an eligible institution under
(e) Fellowship orientation
Annually, the Bureau shall organize and administer a fellowship orientation, which shall—
(1) be held in Washington, D.C., or at another location selected by the Bureau; and
(2) include programming to honor the legacy of Representative John Lewis.
(f) Structure
(1) Work plan
To carry out the purposes described in subsection (b)—
(A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement—
(i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and
(ii) in a country with an operational Fulbright U.S. Student Program; and
(B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives.
(2) Conferences; presentations
Each fellow shall—
(A) attend a fellowship orientation organized and administered by the Bureau under subsection (e);
(B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which—
(i) whenever feasible, shall be held in a location of importance to the civil rights movement in the United States; and
(ii) may coincide with other events facilitated by the Bureau; and
(C) at such summit, give a presentation on lessons learned during the period of the fellowship.
(3) Fellowship period
Each fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months.
(g) Fellowship award
The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for—
(1) the reasonable costs of the fellow during the fellowship period; and
(2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).
(h) Annual report
Not later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including—
(1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period;
(2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from—
(A) such cohort on implementation of the Fellowship Program; and
(B) the Secretary on lessons learned;
(3) a plan for factoring such lessons learned into future programming, and
(4) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program.
(
Termination of Section
For termination of section by section 6604(c) of