22 U.S.C. § 2455 — Appropriations

Page 972 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2455 1 See References in Text note below. the Congress is in session. In computing that sixty days, there shall be excluded days on which either House is not in session because of an adjournment of more than three days. RICHARD NIXON. § 2455. Appropriations (a) Availability Amounts appropriated to carry out the pur- poses 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 (31 U.S.C. 543), be used for the acquisition from any source of foreign cur- rencies in such amounts as may be necessary for current expenditures and for grants, including grants to foundations and commissions in ac- cordance with international agreements pro- viding for the accomplishment of the purposes of this chapter. (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 ap- propriation 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 sub- sections (a)(1), (2)(i) of section 2452 of this title, and (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 re- stricted 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 repay- ments, including interest, for transactions heretofore or hereafter effected under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.]; (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 sec- tion 1513(h) 1 of this title, or any similar provi- sion 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 section 2452 of this title, in rela- tion to Finland and the people of Finland, all sums due or paid on and after August 24, 1949, by the Republic of Finland to the United States as interest on or in retirement of the principal of the debt incurred under the Act of February 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant to the authority contained in the Act of February 9, 1922, or of any other indebted- ness incurred by that Republic and owing to the United States as a result of World War I. (f) Contribution of funds, property, and services by foreign governments, international orga- nizations, and private individuals, firms, as- sociations, and agencies Foreign governments, international organiza- tions and private individuals, firms, associa- tions, agencies, and other groups shall be en- couraged to participate to the maximum extent feasible in carrying out this chapter and to make contributions of funds, property, and serv- ices 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 to- ward 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 section 2452(b)(10) of this title, not to ex- ceed $10,000,000 for the fiscal year ending June 30, 1968, and not to exceed $15,000,000 for the fis- cal year ending June 30, 1969. (Pub. L. 87–256, § 105, Sept. 21, 1961, 75 Stat. 531; Pub. L. 89–698, title II, § 203(c), Oct. 29, 1966, 80 Stat. 1072; 1977 Reorg. Plan No. 2, § 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 103–236, title II, § 227, Apr. 30, 1994, 108 Stat. 423; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(S), June 18, 2008, 122 Stat. 1820, 1821.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (d), (f), and (g), was in the original ‘‘this Act’’, meaning Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, known as the Mutual Educational and Cultural Exchange Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables. Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in subsec. (b), was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31, Money and Finance. The Food for Peace Act, as amended, referred to in subsec. (d)(2)(ii), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. Page 973 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2456 Sections 1513(b)(6) and 1513(h) of this title, referred to in subsec. (d)(2)(iv), were repealed by act Aug. 26, 1954, ch. 937, title V, § 542(a), 68 Stat. 861. The acts of February 25, 1919, and February 9, 1922, re- ferred to in subsec. (e), are not classified to the Code. AMENDMENTS 2008—Subsec. (d)(2)(ii). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Develop- ment and Assistance Act of 1954’’. 1994—Subsec. (a). Pub. L. 103–236 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Appropriations to carry out the purposes of this chapter, to remain available until expended, are au- thorized, and this authorization includes the authority to grant, in any appropriation Act, the authority to enter into contracts, within the amounts so authorized, creating obligations in advance of appropriations.’’ 1966—Subsec. (g). Pub. L. 89–698 added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. 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 Agen- cy’’ substituted for ‘‘Director of the International Com- munication Agency’’ in subsec. (e), 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. Previously, ‘‘Director of the International Communica- tion Agency’’ substituted for ‘‘President’’ in subsec. (e), pursuant to 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, which transferred functions vested in President, Secretary of State, Department of State, United States Information Agency or Director thereof, under this chapter, to Director of Inter- national Communication Agency, except (A) for such functions as are vested by subsecs. (a), (b), and (c) of this section, sections 2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2456(a) and 2458 of this title, (B) for such func- tions as are vested by subsecs. (d)(2) and (f) of this sec- tion, sections 2454(b) 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 Education] 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 ex- tent that any such function therein is vested in Presi- dent or Secretary of State. INCREASE IN GRANTS FOR EXCHANGE-OF-PERSONS AC- TIVITIES; FUNDS FOR SPECIFIC PROGRAMS, REDUC- TIONS, OTHER USE OF FUNDS, REPORT TO CONGRES- SIONAL COMMITTEES Pub. L. 97–241, title III, § 305(c), (d), Aug. 24, 1982, 96 Stat. 294, provided that the amount obligated by United States Information Agency each fiscal year for grants for exchange-of-persons activities should be increased, through regular annual increases, so that by fiscal year 1986 the amount obligated for such grants would at least double (in terms of constant dollars) the amount obligated for such grants for fiscal year 1982 and in fur- therance of this purpose provided for appropriations for the United States Information Agency for fiscal year 1983. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, Director of United States Infor- mation 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 section 2454 of this title. § 2456. J. William Fulbright Foreign Scholarship Board (a) Appointment; members; considerations for se- lection (1) For the purpose of selecting students, scholars, teachers, trainees, and other persons to participate in the programs authorized under section 2452(a)(1) of this title, and of supervising such programs and the programs authorized under section 2452(b)(4) and (6) of this title, there is continued the authority of the Presi- dent to appoint a board of foreign scholarships which shall be known as the ‘‘J. William Ful- bright Foreign Scholarship Board’’ (hereinafter referred to as the ‘‘Board’’) consisting of twelve members. In connection with appointments to such Board, due consideration shall be given to the selection of distinguished representatives of cultural, educational, student advisory, and war veterans groups, and representatives of the United States Department of Education, the United States Department of Veterans Affairs, public and private nonprofit educational institu- tions. (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 inter- ested in educational and cultural affairs to con- sider matters relating to the purposes of this chapter. (e) Availability of appropriations for expenses; transportation expenses and per diem; com- pensation of members of Board and Commit- tees The provisions of section 1346(b) of title 31 shall be applicable to any interagency com- mittee created pursuant to the provisions of this chapter. Members of the committees provided for in this section shall be entitled (i) to trans- portation expenses and per diem in lieu of sub- sistence at the rate prescribed by or established pursuant to section 5703 of title 5 while away from home in connection with attendance at