UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
U.S. INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
Chapter 36 of the 80th Congress, as amended
UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
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112–239
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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United States Information and Educational Exchange Act of 1948
1091
80
1948-01-27
UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948
[Chapter 36 of the 80th Congress; Approved January 27, 1948]
[As Amended Through P.L. 112–239, Enacted January 2, 2013]
[Currency: This publication is a compilation of the text of Chapter 36 of the 80th Congress. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To promote the better understanding of the United States among the peoples of the world and to strengthen cooperative international relations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I—

SHORT TITLE, OBJECTIVES, AND DEFINITIONS

short title
Section 1.
This Act may be cited as the “United States Information and Educational Exchange Act of 1948”.

objectives
Sec. 2.
[22 U.S.C. 1431]
The Congress hereby declares that the objectives of this Act 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 by Public Law 87–256 (75 Stat. 527; 22 U.S.C. 1431(a)), approved September 21, 1961.]

united nations
Sec. 3.
[22 U.S.C. 1432]
In carrying out the objectives of this Act, information concerning the participation of the United States in the United Nations, its organizations and functions, shall be emphasized.

definitions
Sec. 4.
[22 U.S.C. 1433]
When used in this Act, 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.
TITLE II—

INTERCHANGE OF PERSONS, KNOWLEDGE AND SKILLS

persons
Sec. 201.
* * *
[Repealed—1961]

books and materials
Sec. 202.
[22 U.S.C. 1447]
The Secretary is authorized to provide for interchanges between the United States and other countries of books and periodicals, including government publications, for the translation of such writings, and for the preparation, distribution, and interchange of other educational materials.

institutions
Sec. 203.
[22 U.S.C. 1448]
The Secretary is authorized to provide for assistance to schools, libraries, and community centers abroad, founded or sponsored by citizens of the United States, and serving as demonstration centers for methods and practices employed in the United States. In assisting any such schools, however, the Secretary shall exercise no control over their educational policies and shall in no case furnish assistance of any character which is not in keeping with the free democratic principles and the established foreign policy of the United States.
TITLE III—

ASSIGNMENT OF SPECIALISTS

persons to be assigned
Sec. 301.
[22 U.S.C. 1451]
The Director of the United States Information Agency is authorized, when the government of another country is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, from time to time to assign or authorize the assignment for service, to or in cooperation with such government, any person in the employ or service of the Government of the United States who has such qualifications, with the approval of the Government agency in which such person is employed or serving. No person shall be assigned for service to or in cooperation with the government of any country unless (1) the Director finds that such assignment is necessary in the national interest of the United States, or (2) such government agrees to reimburse the United States in an amount equal to the compensation, travel expenses, and allowances payable to such person during the period of such assignment in accordance with the provisions of section 302, or (3) such government shall have made an advance of funds, property, or services as provided in section 902. Nothing in this Act, however, shall authorize the assignment of such personnel for service relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.

status and allowances
Sec. 302.
[22 U.S.C. 1452]
Any person in the employ or service of the Government of the United States, while assigned for service to or in cooperation with another government under the authority of this Act, shall be considered, for the purpose of preserving his rights, allowances, and privileges as such, an officer or employee of the Government of the United States and of the Government agency from which assigned and he shall continue to receive compensation from that agency. He may also receive, under such regulations as the President may prescribe, representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980. The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5, United States Code.

acceptance of office under another government
Sec. 303.
[22 U.S.C. 1453]
Any person in the employ or service of the Government of the United States, while assigned for service to or in cooperation with another government under authority of this Act may, at the discretion of his Government agency, with the concurrence of the Director of the United States Information Agency, and without additional compensation therefor, accept an office under the government to which he is assigned, if the acceptance of such an office in the opinion of such agency is necessary to permit the effective performance of duties for which he is assigned, including the making or approving on behalf of such foreign government the disbursement of funds provided by such government or of receiving from such foreign government funds for deposit and disbursement on behalf of such government, in carrying out programs undertaken pursuant to this Act: Provided, however, That such acceptance of office shall in no case involve the taking of an oath of allegiance to another government.
TITLE IV—

PARTICIPATION BY GOVERNMENT AGENCIES

general authority
Sec. 401.
[22 U.S.C. 1456]
The Secretary is authorized, in carrying on any activity under the authority of this Act, to utilize, with the approval of the President, the services, facilities, and personnel of the other Government agencies. Whenever the Secretary shall use the services, facilities, or personnel of any Government agency for activities under authority of this Act, the Secretary shall pay for such performance out of funds available to the Secretary under this Act, either in advance, by reimbursement, or direct transfer. The Secretary shall include in each report submitted to the Congress under section 1008 a statement of the services, facilities, and personnel of other Government agencies utilized in carrying on activities under the authority of this Act, showing the names and salaries of the personnel utilized, or performing services utilized, during the period covered by such report, and the amounts paid to such other agencies under this section as payment for such performance.

technical and other services
Sec. 402.
[22 U.S.C. 1457]
A Government agency, at the request of the Secretary, may perform such technical or other services as such agency may be competent to render for the government of another country desirous of obtaining such services, upon terms and conditions which are satisfactory to the Secretary and to the head of the Government agency, when it is determined by the Secretary that such services will contribute to the purposes of this Act. However, nothing in this Act shall authorize the performance of services relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.

policy governing services
Sec. 403.
[22 U.S.C. 1458]
In authorizing the performance of technical and other services under this title, it is the sense of the Congress (1) that the Secretary shall encourage through any appropriate Government agency the performance of such services to foreign governments by qualified private American individuals and agencies, and shall not enter into the performance of such services to any foreign government where such services may be performed adequately by qualified private American individuals and agencies and such qualified individuals and agencies are available for the performance of such services; (2) that if such services are rendered by a Government agency, they shall demonstrate the technical accomplishments of the United States, such services being of an advisory, investigative, or instructional nature, or a demonstration of a technical process; (3) that such services shall not include the construction of public works or the supervision of the construction of public works, and that, under authority of this Act, a Government agency shall render engineering services related to public works only when the Secretary shall determine that the national interest demands the rendering of such services by a Government agency, but this policy shall not be interpreted to preclude the assignment of individual specialists as advisers to other governments as provided under title III of this Act, together with such incidental assistance as may be necessary for the accomplishment of their individual assignments.
TITLE V—

DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD

general authorization
Sec. 501.
[22 U.S.C. 1461]
(a)
The Secretary and the Broadcasting Board of Governors are authorized to use funds appropriated or otherwise made available for public diplomacy information programs to provide for the preparation, dissemination, and use of information intended for foreign audiences abroad about the United States, its people, and its policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers, instructors, and other direct or indirect means of communication.
(b)
(1)
Except as provided in paragraph (2), the Secretary and the Broadcasting Board of Governors may, upon request and reimbursement of the reasonable costs incurred in fulfilling such a request, make available, in the United States, motion pictures, films, video, audio, and other materials disseminated abroad pursuant to this Act, the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). Any reimbursement pursuant to this paragraph shall be credited to the applicable appropriation account of the Department of State or the Broadcasting Board of Governors, as appropriate. The Secretary and the Broadcasting Board of Governors shall issue necessary regulations—
(A)
to establish procedures to maintain such material;
(B)
for reimbursement of the reasonable costs incurred in fulfilling requests for such material; and
(C)
to ensure that the persons seeking release of such material have secured and paid for necessary United States rights and licenses.
(2)
With respect to material disseminated abroad before the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013—
(A)
the Secretary and the Broadcasting Board of Governors shall make available to the Archivist of the United States, for domestic distribution, motion pictures, films, videotapes, and other material 12 years after the initial dissemination of the material abroad; and
(B)
the Archivist shall be the official custodian of the material and shall issue necessary regulations to ensure that persons seeking its release in the United States have secured and paid for necessary United States rights and licenses and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its release, in accordance with paragraph (4).
(3)
The Archivist may undertake the functions described in paragraph (1) on behalf of and at the request of the Secretary or the Broadcasting Board of Governors.
(4)
The Archivist may charge fees to recover the costs described in paragraphs (1) and (2), in accordance with section 2116(c) of title 44, United States Code. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund.
(c)
Nothing in this section may be construed to require the Secretary or the Broadcasting Board of Governors to make material disseminated abroad available in any format other than in the format disseminated abroad.

policies governing information activities
Sec. 502.
[22 U.S.C. 1462]
In authorizing international information activities under this Act, it is the sense of the Congress (1) that the Secretary and the Broadcasting Board of Governors shall reduce such Government information activities whenever corresponding private information dissemination is found to be adequate; (2) that nothing in this Act shall be construed to give the Department or the Broadcasting Board of Governors a monopoly in the production or sponsorship on the air of short-wave broadcasting programs, or a monopoly in any other medium of information.
Sec. 503.
* * *
[Repealed—1994]

voice of america/europe
Sec. 504.
[22 U.S.C. 1464]
As part of its duties and programs under title V of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.), Voice of America/Europe shall—
(1)
target news and features in accordance with the findings and recommendations of the Young European Survey;
(2)
conduct periodic audience evaluations and measurements; and
(3)
promote and advertise Voice of America/Europe.

usia satellite and television
Sec. 505.
[22 U.S.C. 1464a]
(a)

In General.—
The Broadcasting Board of Governors is authorized to lease or otherwise acquire time on commercial or United States Government satellites for the purpose of transmitting materials and programs to posts and other users abroad.
(b)

Broadcast Principles.—
The Congress finds that the long-term interests of the United States are served by communicating directly with the peoples of the world by television. To be effective, the Broadcasting Board of Governors must win the attention and respect of viewers. These principles will therefore govern the television broadcasts of the United States International Television Service:
(1)
The United States International Television Service will serve as a consistently reliable and authoritative source of news. The United States International Television Service news will be accurate and objective.
(2)
The United States International Television Service will represent the United States, not any single segment of American society and will, therefore, present a balanced and comprehensive projection of significant American thought and institutions.
(3)
The United States International Television Service will present the policies of the United States clearly and effectively and will also present responsible discussions and opinion on these policies.
(c)

Programs.—
The Broadcasting Board of Governors is authorized to produce, acquire, or broadcast television programs, via satellite, only if such programs—
(1)
are interactive, consisting of interviews among participants in different locales;
(2)
cover news, public affairs, or other current events;
(3)
cover official activities of government, Federal or State, including congressional proceedings and news briefings of any agency of the Executive branch; or
(4)
are of an artistic or scientific character or are otherwise representative of American culture.
(d)

Costs.—
When a comparable program produced by United States public or commercial broadcasters and producers is available at a cost which is equal to or less than the cost of production by the United States International Television Service, the Broadcasting Board of Governors shall use such materials in preference to the United States International Television Service produced materials.
(e)

Allocation of Funds.—
(1)
Of the funds authorized to be appropriated to the Broadcasting Board of Governors not more than $12,000,000 for the fiscal year 1990 and not more than $12,480,000 for the fiscal year 1991 may be obligated or expended for the United States International Television Service.
(2)
The Broadcasting Board of Governors shall prepare and submit to the Congress quarterly reports which contain a detailed explanation of expenditures for USIA–TV during the fiscal years 1990 and 1991. Such reports shall contain specific justification and supporting information pertaining to all programs, particularly those described in subsection (c)(4), that were produced in-house by USIA–TV. Each such report shall include a statement by the Broadcasting Board of Governors that, according to the best information available to the Broadcasting Board of Governors, no comparable United States commercially-produced or public television program is available at a cost which is equal to or less than the cost of production by USIA–TV.
(3)
Of the funds authorized to be appropriated to the Broadcasting Board of Governors, $1,500,000 for the fiscal year 1990 and $1,500,000 for the fiscal year 1991 shall be available only for the purchase or use of programs produced with grants from the Corporation for Public Broadcasting or produced by United States public broadcasters.

voice of america hiring practices
Sec. 506.
[22 U.S.C. 1464b]
(a)

Prohibition.—
After the date of enactment of this section, the Voice of America shall not select candidates for employment who must be or are preapproved for employment at the Voice of America by a foreign government or an entity controlled by a foreign government.
(b)

Exception.—
The prohibition referred to in this section shall not apply to—
(1)
participants in the Voice of America's exchange programs; or
(2)
clerical, technical, or maintenance staff at Voice of America offices in foreign countries.
(c)

Report.—
If the Broadcasting Board of Governors determines that the prohibition under subsection (a) would require the termination of a specific Voice of America foreign language service, then, not less than 90 days before the Board begins to recruit such candidates, the Board shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning—
(1)
the number and location of speakers of the applicable foreign language who could be recruited by the Voice of America without violating this section; and
(2)
the efforts made by the Voice of America to recruit such individuals for employment.
TITLE VI—

ADVISORY COMMISSIONS TO FORMULATE POLICIES
Sec. 601.
[22 U.S.C. 1466]
There are hereby created two advisory commissions, (1) United States Advisory Commission on Information (hereinafter in this title referred to as the Commission on Information) and (2) United States Advisory Commission on Educational Exchange (hereinafter in this title referred to as the Commission on Educational Exchange) to be constituted as provided in section 602. The Commissions shall formulate and recommend to the Secretary policies and programs for the carrying out of this Act: Provided, however, That the commissions created by this section shall have no authority over the Board of Foreign Scholarships or the program created by Public Law 584 of the Seventy-ninth Congress, enacted August 1, 1946, or the United States National Commission for UNESCO.

membership of the commission: general provisions
Sec. 602.
[22 U.S.C. 1467]
(a)
Each Commission shall consist of five members, not more than three of whom shall be from any one political party. Members shall be appointed by the President, by and with the advice and consent of the Senate. No person holding any compensated Federal or State office shall be eligible for appointment.
(b)
The members of the Commission on Information shall represent the public interest, and shall be selected from a cross section of professional, business, and public service backgrounds.
(c)
The members of the Commission on Educational Exchange shall represent the public interest and shall be selected from a cross section of educational, cultural, scientific, technical, and public service backgrounds.
(d)
The term of each member appointed under subsection (a) of this section shall be three years, except that the terms of office of such members first taking office on each Commission shall expire, as designated by the President at the time of appointment, two at the end of one year, two at the end of two years, and one at the end of three years from the date of the enactment of this Act. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor is appointed shall be appointed for the remainder of such term. Upon the expiration of his term of office any member may continue to serve until his successor is appointed and has qualified.
(e)
The President shall designate a chairman for each Commission from among members of the Commission.
(f)
The members of the Commissions shall receive no compensation for their services as such members but shall be entitled to reimbursement for travel and subsistence in connection with attendance of meetings of the Commissions away from their places of residences, as provided in subsection (6) of section 801 of this Act.
(g)
The Commissions are authorized to adopt such rules and regulations as they may deem necessary to carry out the authority conferred upon them by this title.
(h)
The Department is authorized to provide the necessary secretarial and clerical assistance for the Commissions.

recommendations and reports
Sec. 603.
[22 U.S.C. 1468]
The Commissions shall meet not less frequently than once each month during the first six months after their establishment, and thereafter at such intervals as the Commissions find advisable, and shall transmit to the Secretary a quarterly report, and to the Congress a semiannual report of all programs and activities carried on under the authority of this Act, including appraisals, where feasible, as to the effectiveness of the several programs, and such recommendations as shall have been made by the Commissions to the Secretary for effectuating the purposes and objectives of this Act and the action taken to carry out such recommendations.
SEC. 604.
[1469]

UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a)

Establishment.—
(1)
There is established an advisory commission to be known as the United States Advisory Commission on Public Diplomacy (referred to in this section as the “Commission”).
(2)
The Commission shall consist of seven members appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor, business, and professional backgrounds. Not more than four members shall be from any one political party.
(3)
The term of each member shall be 3 years, except that of the original seven appointments, two shall be for a term of 1 year and two shall be for a term of 2 years.
(4)
Any member appointed to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member's term of office, such member may continue to serve until a successor is appointed and qualified.
(5)
The President shall designate a member to chair the Commission.
(b)

Staff.—
The Commission shall have a staff director who shall be appointed by the chairperson of the Commission. Subject to such rules and regulations as may be adopted by the Commission, the chairperson of the Commission may—
(1)
appoint such additional personnel for the staff of the Commission as the chairperson considers necessary; and
(2)
procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code.
(c)

Duties and Responsibilities.—
The Commission shall appraise United States Government activities intended to understand, inform, and influence foreign publics. The activities described in this subsection shall be referred to in this section as “public diplomacy activities”.
(d)

Reports.—
(1)

Comprehensive annual report.—
(A)

In general.—
Not less frequently than annually, the Commission shall submit a comprehensive report on public diplomacy and international broadcasting activities to Congress, the President, and the Secretary of State. This report shall include—
(i)
a detailed list of all public diplomacy activities funded by the United States Government;
(ii)
a description of—
(I)
the purpose, means, and geographic scope of each activity;
(II)
when each activity was started;
(III)
the amount of Federal funding expended on each activity;
(IV)
any significant outside sources of funding; and
(V)
the Federal department or agency to which the activity belongs;
(iii)
the international broadcasting activities under the direction of the Broadcasting Board of Governors;
(iv)
an assessment of potentially duplicative public diplomacy and international broadcasting activities; and
(v)
for any activities determined to be ineffective or results not demonstrated under subparagraph (B), recommendations on existing effective or moderately effective public diplomacy activities that could be augmented to carry out the objectives of the ineffective activities.
(B)

Effectiveness assessment.—
In evaluating the public diplomacy and international broadcasting activities described in subparagraph (A), the Commission shall conduct an assessment that considers the public diplomacy target impact, the achieved impact, and the cost of public diplomacy activities and international broadcasting. The assessment shall include, if practicable, an appropriate metric such as “cost-per-audience” or “cost-per-student” for each activity. Upon the completion of the assessment, the Commission shall assign a rating of—
(i)
“effective” for activities that—
(I)
set appropriate goals and achieve all or most of the desired results;
(II)
are well-managed; and
(III)
are cost efficient;
(ii)
“moderately effective” for activities that—
(I)
set appropriate goals and achieve some desired results;
(II)
are generally well-managed; and
(III)
need to improve their cost efficiency, including reducing overhead;
(iii)
“ineffective” for activities that—
(I)
lack appropriate goals or fail to achieve stated goals or desired results;
(II)
are not well-managed; or
(III)
are not cost efficient, such as through insufficient use of available resources to achieve stated goals or desired results, or have excessive overhead; and
(iv)
“results not demonstrated” for activities that—
(I)
do not have acceptable performance public diplomacy metrics for measuring results; or
(II)
are unable or failed to collect data to determine if they are effective.
(2)

Other reports.—
(A)

In general.—
The Commission shall submit other reports, including working papers, to Congress, the President, and the Secretary of State at least semi-annually on other activities and policies related to United States public diplomacy.
(B)

Availability.—
The Commission shall make the reports submitted pursuant to subparagraph (A) publicly available on the website of the Commission to develop a better understanding of, and support for, public diplomacy activities.
(3)

Access to information.—
The Secretary of State shall ensure that the Commission has access to all appropriate information to carry out its duties and responsibilities under this subsection.
TITLE VII—

APPROPRIATIONS
[Section 701 repealed by section 1336(1) of Public Law 105–277 (112 Stat. 2681–???.]

transfer of funds
Sec. 702.
[22 U.S.C. 1477]
The Secretary shall authorize the transfer to other Government agencies for expenditure in the United States and in other countries, in order to carry out the purposes of this Act, any part of any appropriations available to the Department for carrying out the purposes of this Act, for direct expenditure or as a working fund, and any such expenditures may be made under the specific authority contained in this Act or under the authority governing the activities of the Government agency to which a part of any such appropriation is transferred, provided the activities come within the scope of this Act.

authorization for grants to radio free europe and radio liberty
Sec. 703.
[22 U.S.C. 1477a]
There are authorized to be appropriated to the Secretary of State $38,520,000 for fiscal year 1973 to provide grants, under such terms and conditions as the Secretary considers appropriate, to Radio Free Europe and Radio Liberty. There are further authorized to be appropriated in fiscal year 1973 not to exceed $1,150,000 for nondiscretionary costs. Except for funds appropriated pursuant to this section, no funds appropriated after the date of this Act may be made available to or for the use of Radio Free Europe or Radio Liberty in fiscal year 1973.
[Section 704 repealed by section 1336(1) of Public Law 105–277 (112 Stat. 2681–???.]
Sec. 705.
[22 U.S.C. 1477c]
The Department of State may award grants for overseas public diplomacy programs only if the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of the proposed grant.
TITLE VIII—

ADMINISTRATIVE PROCEDURES

the secretary
Sec. 801.
[22 U.S.C. 1471]
In carrying out the purposes of this Act, the Secretary is authorized, in addition to and not in limitation of the authority otherwise vested in him—
(1)
In carrying out title II of this Act, to make grants of money, services, or materials to State and local governmental institutions in the United States, to governmental institutions in other countries, and to individuals and public or private nonprofit organizations both in the United States and in other countries;
(2)
to furnish, sell, or rent, by contract or otherwise, educational and information materials and equipment for dissemination to, or use by, peoples of foreign countries;
(3)
whenever necessary in carrying out title V of this Act, to purchase, rent, construct, improve, maintain, and operate facilities for radio and television transmission and reception, including the leasing of associated real property (either within or outside the United States) for periods not to exceed forty years, or for longer periods if provided for by an appropriation Act, and the alteration, improvement, and repair of such property, without regard to section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), and any such real property or interests therein which are outside the United States may be acquired without regard to section 355 of the Revised Statutes of the United States (40 U.S.C. 255) if the sufficiency of the title to such real property or interests therein is approved by the Director of the United States Information Agency;
(4)
to provide for printing and binding outside the continental limits of the United States, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111);
(5)
to employ persons on a temporary basis without regard to the civil service and classification laws, when such employment is provided for by the pertinent appropriation Act;
(6)
to create with the approval of the Commission on Information and the Commission on Educational Exchange, such advisory committees as the Secretary may decide to be of assistance in formulating his policies for carrying out the purposes of this Act. No Committee member shall be allowed any salary or other compensation for services; but he may be paid his transportation and other expenses, as authorized by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73 b–2); and
(7)
notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for overseas public diplomacy facilities not physically located together with other Department of State facilities abroad.

government agencies
Sec. 802.
[22 U.S.C. 1472]
(a)
In carrying on activities which further the purposes of this Act, subject to approval of such activities by the Secretary, the Department and the other Government agencies are authorized—
(1)
to place orders and make purchases and rentals of materials and equipment;
(2)
to make contracts, including contracts with governmental agencies, foreign or domestic, including subdivisions thereof, and intergovernmental organizations of which the United States is a member, and, with respect to contracts entered into in foreign countries, without regard to section 3741 of the Revised Statutes (41 U.S.C. 22);
(3)
under such regulations as the Secretary may prescribe, to pay the transportation expenses, and not to exceed $10 per diem in lieu of subsistence and other expenses, of citizens or subjects of other countries, without regard to the Standardized Government Travel Regulations and the Subsistence Act of 1926, as amended; and
(4)
to make grants for, and to pay expenses incident to, training and study.
(b)
(1)
Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(A)
appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(B)
the Director of the United States Information Agency determines that—
(i)
the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(ii)
such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(iii)
such method of contracting will not inhibit small business participation.
(2)
In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.
(3)
This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.
(4)
(A)1
Notwithstanding the other provisions of this subsection, the Broadcasting Board of Governors is authorized to enter into contracts for periods not to exceed 7 years for circuit capacity to distribute radio and television programs and is authorized to enter into contracts for periods not to exceed ten years to acquire local broadcasting services outside the United States.
^1
Section 503 of Public Law 107–228 (116 Stat. 1392) amends this paragraph by inserting before the period the following: “and is authorized to enter into contracts for periods not to exceed ten years to acquire local broadcasting services outside the United States”; and by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”. The amendments made by such section were executed in suparagraph (A) to reflect the probable intent of Congress.
(B)
The authority of this paragraph may be exercised for a fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.

maximum use of existing government property and facilities
Sec. 803.
[22 U.S.C. 1473]
In carrying on activities under this Act which require the utilization of Government property and facilities, maximum use shall be made of existing Government property and facilities.

basic authority
Sec. 804.
[22 U.S.C. 1474]
In carrying out the provisions of this Act, the Secretary, or any Government agency authorized to administer such provisions, may—
(1)
employ, without regard to the civil service and classification laws, aliens within the United States and abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages or the preparation and production of foreign language programs when suitably qualified United States citizens are not available when job vacancies occur, and aliens so employed abroad may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency and the Attorney General;
(2)
pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;
(3)
incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;
(4)
obtain insurance on official motor vehicles operated by the Secretary or such agency in foreign countries, and pay the expenses incident thereto;
(5)
notwithstanding the provisions of section 2680(k) of title 28, United States Code, pay tort claims in the manner authorized in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this Act;
(6)
employ aliens by contract for services abroad;
(7)
provide ice and drinking water abroad;
(8)
pay excise taxes on negotiable instruments abroad;
(9)
pay to or for individuals, not United States Government employees, participating in activities conducted under this Act, the costs of emergency medical expenses, preparation and transport to their former homes of the remains of such participants or their dependents who die while away from their homes during such participation, and health and accident insurance premiums for participants or health and accident benefits for participants by means of a program of self-insurance;
(10)
rent or lease, for periods not exceeding ten years, office buildings, grounds, and living quarters abroad for employees carrying out this Act, and make payments therefor in advance;
(11)
maintain, improve, and repair properties used for information activities in foreign countries;
(12)
furnish fuel and utilities for Government-owned or leased property abroad;
(13)
pay travel expenses of employees attending official international conferences, without regard to sections 5701–5708 of title 5, United States Code, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary;
(14)
purchase uniforms;
(15)
hire passenger motor vehicles;
(16)
purchase passenger motor vehicles for use abroad, and right-hand drive and security vehicles may be so purchased without regard to any maximum price limitation established by law;
(17)
procure services of experts and consultants in accordance with section 3109 of title 5 of the United States Code;
(18)
make advances of funds;
(19)
notwithstanding section 5946 of title 5 of the United States Code, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others;
(20)
subject to the availability of appropriated funds, purchase motion picture, radio and television producers' liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property;
(21)
incur expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
(22)
furnish living quarters as authorized by section 5912 of title 5, United States Code; and
(23)
provide allowances as authorized by sections 5921 through 5928 of title 5, United States Code.''.

travel expenses
Sec. 805.
[22 U.S.C. 1475]
Appropriated funds made available for any fiscal year to the Secretary or any Government agency, to carry out the provisions of this Act, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such expenses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.

replacement of passenger motor vehicles
Sec. 806.
[22 U.S.C. 1475a]
The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall be available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949.
[Sections 807 and 808 repealed by section 1336(1) of Public Law 105–277 (112 Stat. 2681–???.]

compensation for disability or death
Sec. 809.
[22 U.S.C. 1475d]
A cultural exchange, international fair or exposition, or other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall not be considered a “public work” as that term is defined in the first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the “Defense Base Act”).

use of english-teaching program fees
Sec. 810.
[22 U.S.C. 1475e]
(a)

In General.—
Notwithstanding section 3302 of title 31, United States Code, or any other law or limitation of authority, fees and receipts described in subsection (b) are authorized to be credited each fiscal year for authorized purposes to the appropriate appropriations of the United States Information Agency to such extent as may be provided in advance in appropriations acts.
(b)

Fees and Receipts Described.—
The fees and receipts described in this subsection are fees and payments received by or for the use of the United States Information Agency from or in connection with—
(1)
English-teaching and library services,
(2)
educational advising and counseling,
(3)
Exchange Visitor Program Services,
(4)
advertising and business ventures of the Voice of America and the International Broadcasting Bureau,
(5)
cooperating international organizations, and2
^2
So in law. Should probably strike “and” and insert “and” at the end of paragraph (6).
(6)
Agency-produced publications,
(7)
an amount not to exceed $100,000 of the payments from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority of this Act or the Mutual Education3 and Cultural Exchange Act of 1961.
^3
So in law. Should probably be “Educational”.
[Section 811 repealed by section 1334(b) of Public Law 105–277 (112 Stat. 2681–???.]

overseas public diplomacy posts and personnel overseas
Sec. 812.
[22 U.S.C. 1475g]
(a)

Limitation.—
Except as provided under this section no funds authorized to be appropriated to the Department of State may be used to pay any expense associated with the closing of any overseas public diplomacy post abroad.
(b)

Notification.—
Not less than 45 days before the closing of any overseas public diplomacy post abroad the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(c)

Exceptions.—
This section shall not apply to any overseas public diplomacy post closed—
(1)
because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or
(2)
where there is a real and present threat to United States diplomats in the city where the post is located and where a travel advisory warning against travel by United States citizens to the city has been issued by the Department of State.
TITLE IX—

FUNDS PROVIDED BY OTHER SOURCES

reimbursement
Sec. 901.
[22 U.S.C. 1478]
The Secretary shall, when he finds it in the public interest, request and accept reimbursement from any cooperating governmental or private source in a foreign country, or from State or local governmental institutions or private sources in the United States, for all or part of the expenses of any portion of the program undertaken hereunder. The amounts so received shall be covered into the Treasury as miscellaneous receipts.

advance of funds
Sec. 902.
[22 U.S.C. 1479]
If any other government shall express the desire to provide funds, property, or services to be used by this Government, in whole or in part, for the expenses of any specific part of the program undertaken pursuant to this Act, the Secretary is authorized, when he finds it in the public interest, to accept such funds, property, or services. Funds so received may be established as a special deposit account in the Treasury of the United States, to be available for the specified purpose, and to be used for reimbursement of appropriations or direct expenditure, subject to the provisions of this Act. Any unexpended balance of the special deposit account and other property received, under this section and no longer required for the purposes for which provided shall be returned to the government providing the funds or property.
TITLE X—

MISCELLANEOUS

loyalty check of personnel
Sec. 1001.
* * *
[Repealed—1979]

delegation of authority
Sec. 1002.
[22 U.S.C. 1435]
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 Act to the extent that he finds such delegation to be in the interest of the purposes expressed in this Act and the efficient administration of the programs undertaken pursuant to this Act.

restricted information
Sec. 1003.
[22 U.S.C. 1436]
Nothing in this Act 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.

repeal of act of may 25, 1938, as amended
Sec. 1004.
(a)
The Act of May 25, 1938, entitled “An Act authorizing the temporary detail of United States employees, possessing special qualifications, to governments of American Republics and the Philippines, and for other purposes,” as amended (52 Stat. 442; 53 Stat. 652), is hereby repealed.
(b)
Existing Executive orders and regulations pertaining to the administration of such Act of May 25, 1938, as amended, shall remain in effect until superseded by regulations prescribed under the provisions of this Act.
(c)
Any reference in the Foreign Service Act of 1946 (60 Stat. 999), or in any other law, to provisions of such Act of May 25, 1938, as amended, shall be construed to be applicable to the appropriate provisions of titles III and IX of this Act.

utilization of private agencies
Sec. 1005.
[22 U.S.C. 1437]
In carrying out the provisions of this Act it shall be the duty of the Secretary4 to utilize, to the maximum extent practicable, the services and facilities of private agencies, including existing American press, publishing, radio, motion picture, and other agencies, through contractual arrangements or otherwise. It is the intent of Congress that the Secretary shall encourage participation in carrying out the purposes of this Act by the maximum number of different private agencies in each field consistent with the present or potential market for their services in each country.
^4
Effective July 2, 2013, section 1078(d)(2) of division A of Public Law 112–239 provides for a global amendment in section 1005 to insert “and the Broadcasting Board of Governors” after “Secretary” each place it appears.

termination pursuant to concurrent resolution of congress
Sec. 1006.
The authority granted under this Act shall terminate whenever such termination is directed by concurrent resolution of the two Houses of the Congress.

veterans' preference act
Sec. 1007.
[22 U.S.C. 1438]
No provision of this Act shall be construed to modify or to repeal the provisions of the Veterans' Preference Act of 1944.
Sec. 1008.
* * *
[Repealed—1980]
[Section 1009 repealed by section 1336(1) of Public Law 105–277 (112 Stat. 2681–790).]

separability of provisions
Sec. 1010.
If any provision of this Act or the application of any such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.

informational media guaranties
Sec. 1011.
[22 U.S.C. 1442]
(a)
The Director of the United States Information Agency may make guaranties, in accordance with the provisions of subsection (b) of section 413 of the Mutual Security Act of 1954, 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 413(b)(4)(A) and 413(b)(4)(G) of the Mutual Security Act of 1954, as amended.
(b)
The Director is authorized to assume the obligation of not to exceed $28,000,000 of the notes authorized to be issued pursuant to subsection 111(c)(2) of the Economic Cooperation Act of 1948, as amended (22 U.S.C. 1509(c)(2)), 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)
The Director is authorized to make informational media guaranties without regard to the limitations of time contained in subsection 413(b)(4) of the Mutual Security Act of 1954, as amended (22 U.S.C. 1933(b)(4)), 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)
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 of 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)
Notwithstanding the provisions of subparagraph 413(b)(4)(E) of the Mutual Security Act of 1954, as amended (22 U.S.C. 1933(b)(4)(E), (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)
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)
As soon as feasible after the enactment of this subsection, 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 111(c)(2) of the Economic Cooperation Act of 1948, as amended, cumulative from the enactment of that Act, shall be accounted for separately from other guaranties issued pursuant to subsection 413(b) of the Mutual Security Act of 1954, as amended (22 U.S.C. 1933(b)): 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 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)
(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, in excess of, requirements of the United States, or (b) have been transferred to other accounts without reimbursement to the special account.
(3)
Dollars appropriated pursuant to this section shall be applied to the payment of interest and in satisfaction of notes issued or assumed hereunder, and to the extent of such application to the principal of the notes, the Director is authorized to issue notes to the Secretary of the Treasury which will bear interest at a rate to be determined by the Secretary of the Treasury, taking into consideration the current average market yields of outstanding marketable obligations of the United States having maturities comparable to the guaranties. The currencies determined to be unavailable for, or in excess of requirements of the United States as provided above shall be transferred to the Secretary of the Treasury to be held until disposed of, and any dollar proceeds realized from such disposition shall be deposited in miscellaneous receipts.
(4)
Section 701(a) of this Act shall not apply with respect to any amounts appropriated under this section for the purpose of liquidating the notes (and any accrued interest thereon) which were assumed in the operation of the informational media guaranty program under this section and which were outstanding on the date of enactment of this paragraph.
SEC. 1012.
[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 Act;
(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 Act if such person is employed by, or attached to, an entity within a country that has been identified by any element of the United States intelligence community (as defined by section 3(4) of the National Security Act of 1947) within the previous 5 years as having been involved in the proliferation of missiles or weapons of mass destruction; and
(3)
ensure that no person who is involved in the research, development, design, testing, evaluation, or production of chemical or biological weapons for offensive purposes is a participant in any program of educational or cultural exchange under this Act.
(b)

Definitions.—
(1)
The term “appropriate executive branch officials” means officials from the elements of the United States Government listed pursuant to section 101 of the Intelligence Authorization Act for Fiscal Year 1999 (Public Law 105–272).
(2)
The term “agent of a foreign power” has the same meaning as set forth in section 101(b)(1)(B) and (b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), and does not include any person who acts in the capacity defined under section 101(b)(1)(A) of such Act.