22 U.S.C. § 2458a — Federal employee participation in cul-

Page 976 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2458a Sept. 21, 1961, 75 Stat. 527, known as the Mutual Edu- cational and Cultural Exchange Act of 1961. For com- plete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables. The United States Information and Educational Ex- change Act of 1948, as amended, referred to in subsecs. (b) and (d), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, which is classified generally to chapter 18 (§ 1431 et seq.) of this title. Title VIII of the Act, referred to in subsec. (d), is classified generally to subchapter VII (§ 1471 et seq.) of chapter 18 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–470 substituted provision requiring periodic reports on activities and expendi- tures made under this chapter and the United States Information and Educational Exchange Act of 1948 for provision requiring an annual report be made on activi- ties and expenditures under this chapter. 1979—Subsec. (a). Pub. L. 96–60 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–60 effective Oct. 1, 1979, see section 209 of Pub. L. 96–60, set out as a note under sec- tion 1471 of this title. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. ‘‘Director of the United States Information Agency’’ substituted for ‘‘Director of the International Commu- nication Agency’’ in subsec. (a)(2), pursuant to section 303(b) of Pub. L. 97–241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of this title. SOVIET NATIONALS PARTICIPATING IN EXCHANGE PRO- GRAMS; TOPICS AND LOCATION OF STUDY; NATIONAL SECURITY INTERESTS; REPORT TO CONGRESS Pub. L. 97–241, title I, § 126(c), Aug. 24, 1982, 96 Stat. 282, directed Secretary of State to submit annually to Congress a list of Soviet nationals participating during the upcoming academic year in the United States- Union of Soviet Socialist Republics graduate student/ young faculty exchange or in the United States-Union of Soviet Socialist Republics senior scholar exchange, their topics of study, and where they were to study, such report to also include a determination by Sec- retary of State, in consultation with heads of other agencies involved in these exchange programs, that these exchange programs would not jeopardize United States national security interests, prior to repeal by Pub. L. 103–199, title III, § 306, Dec. 17, 1993, 107 Stat. 2324. Executive Documents TRANSFER OF FUNCTIONS Functions vested in President, Secretary of State, Department of State, United States Information Agen- cy 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, 91 Stat. 1637, set out under section 1461 of this title, effective on or before July 1, 1978, at such time as specified by President, except (A) for such functions as are vested by this section, and sections 2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a) of this title, (B) for such functions as are vested by sections 2454(b), 2455(d)(2), (f), and 2456(d), (f) of this title, to the extent that such functions were assigned to Secretary of Health, Education, and Welfare [now Secretary of Edu- cation] immediately prior to effective date of Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested by section 2456(b), (c) of this title to the extent that any such function therein is vested in President or Secretary of State. DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, Director of United States Infor- mation Agency, and Secretary of Commerce, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under section 2454 of this title. § 2458a. Federal employee participation in cul- tural exchange programs (a) Grants and other foreign government assist- ance; 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 em- ployee in a cultural exchange— (A) which is of the type described in section 2452(a)(2)(i) of this title, (B) which is conducted for a purpose com- parable to the purpose stated in section 2451 of this title, and (C) which is specifically approved by the Secretary of State for purposes of this section; but the Congress does not consent to the accept- ance 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 de- fined in subparagraphs (A) through (F) of sec- tion 7342(a)(1) of title 5, but does not include a person described in subparagraph (G) of such section. (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 section 7342 of title 5. (c) Regulations The Secretary of State is authorized to pro- mulgate regulations for purposes of this section. (Pub. L. 87–256, § 108A, as added Pub. L. 94–350, title I, § 111, July 12, 1976, 90 Stat. 825; amended Pub. L. 96–60, title II, § 204(d), Aug. 15, 1979, 93 Stat. 400.) Editorial Notes AMENDMENTS 1979—Subsec. (a)(2). Pub. L. 96–60 substituted ‘‘(F)’’ for ‘‘(E)’’ and ‘‘(G)’’ for ‘‘(F)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–60 effective Oct. 1, 1979, see section 209 of Pub. L. 96–60, set out as a note under sec- tion 1471 of this title. Page 977 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2459 § 2459. Immunity from seizure under judicial process of cultural objects imported for tem- porary exhibition or display (a) Agreements; Presidential determination; pub- lication 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 ap- propriately curate such object within the United States providing for temporary storage, con- servation, scientific research, exhibition, or dis- play within the United States at any cultural exhibition, assembly, activity, or festival ad- ministered, operated, or sponsored, without profit, by any such cultural, educational, or reli- gious institution with the capacity to appro- priately curate such object, no court of the United States, any State, the District of Colum- bia, 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 trans- porting such work or object within the United States, of custody or control of such object if be- fore the importation of such object the Presi- dent or his designee has determined that such object is of cultural significance and that tem- porary storage, conservation, scientific re- search, 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 at- torney 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 At- torney 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 pre- clude (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 car- rier 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 obli- gation 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 ‘‘im- ported’’ and ‘‘importation’’ include a transfer from a mission of a foreign country located within the United States to a cultural, edu- cational, or religious institution located within the United States. (Pub. L. 89–259, Oct. 19, 1965, 79 Stat. 985; Pub. L. 116–283, div. A, title XII, § 1216(a) Jan. 1, 2021, 134 Stat. 3922.) Editorial Notes CODIFICATION Section was not enacted as a part of the Mutual Edu- cational and Cultural Exchange Act of 1961, which com- prises this chapter. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1216(a)(1), sub- stituted ‘‘temporary storage, conservation, scientific research, exhibition, or display’’ for ‘‘temporary exhi- bition or display thereof’’ in two places, ‘‘cultural, edu- cational, or religious institutions with the capacity to appropriately curate such object’’ for ‘‘cultural or edu- cational institutions’’, and ‘‘any such cultural, edu- cational, or religious institution with the capacity to appropriately curate such object’’ for ‘‘any such cul- tural or educational institution’’. Subsec. (d). Pub. L. 116–283, § 1216(a)(2), added subsec. (d). Statutory Notes and Related Subsidiaries AFGHANISTAN Pub. L. 116–283, div. A, title XII, § 1216(b), Jan. 1, 2021, 134 Stat. 3923, provided that: ‘‘(1) IN GENERAL.—A work of art or other object of cultural significance that is imported into the United States for temporary storage, conservation, scientific research, exhibition, or display shall be deemed to be immune from seizure under such Act of October 19, 1965 (22 U.S.C. 2459) (as amended by subsection (a)), and the provisions of such Act shall apply in the same manner and to the same extent to such work or object, if— ‘‘(A) the work or object is exported from Afghani- stan 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, edu- cational, 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 capac- ity 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 institu- tions 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 pur- poses’’ (79 Stat. 985, 22 U.S.C. 2459), and as President of the United States of America, it is hereby ordered as follows: