22 U.S.C. § 6553 — Continuation of United States Advisory

Page 1832 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6552 37, which amended sections 830, 831, and 832, respec- tively, of the Foreign Service Act of 1980, by adding subsecs. (f), (g), and (f), respectively, to those sections which are classified to sections 4069a(f), 4069b(g), and 4069c(f) of this title. § 6552. Application of certain laws (a) Application to functions of Department of State Section 1461 of this title, section 1461–1 of this title, and section 1461–1a of this title shall not apply to public affairs and other information dissemination functions of the Secretary of State as carried out prior to any transfer of functions pursuant to this chapter. (b) Application to functions transferred to De- partment of State Section 1461 of this title, section 1461–1 of this title, and section 1461–1a of this title shall apply only to public diplomacy programs of the Direc- tor of the United States Information Agency as carried out prior to any transfer of functions pursuant to this chapter to the same extent that such programs were covered by these provisions prior to such transfer. (c) Limitation on use of funds (1) Except as provided in section 1461 of this title and section 1461–1a of this title, funds spe- cifically authorized to be appropriated for such public diplomacy programs, identified as public diplomacy funds in any Congressional Presen- tation Document described in subsection (e), or reprogrammed for public diplomacy purposes, shall not be used to influence public opinion in the United States, and no program material pre- pared using such funds shall be distributed or disseminated in the United States. (2) CONSTRUCTION.—Nothing in paragraph (1) may be construed (A) to interfere with the inte- gration of administrative resources between public diplomacy and other functions of the De- partment of State or to prevent the occasional performance of functions other than public di- plomacy by officials or employees of the Depart- ment of State who are primarily assigned to public diplomacy, provided there is no substan- tial resulting diminution in the amount of re- sources devoted to public diplomacy below the amounts described in paragraph (1), or (B) to su- persede reprogramming procedures. (d) Reporting requirements The report submitted pursuant to section 6601(f) of this title shall include a detailed state- ment of the manner in which the special mission of public diplomacy carried out by USIA prior to the transfer of functions under this chapter shall be preserved within the Department of State, including the planned duties and respon- sibilities of any new bureaus that will perform such public diplomacy functions. Such report shall also include the best available estimates of— (1) the amounts expended by the Department of State for public affairs programs during fis- cal year 1998, and on the personnel and support costs for such programs; (2) the amounts expended by USIA for its public diplomacy programs during fiscal year 1998, and on the personnel and support costs for such programs; and (3) the amounts, including funds to be trans- ferred from USIA and funds appropriated to the Department, that will be allocated for the programs described in paragraphs (1) and (2), respectively, during the fiscal year in which the transfer of functions from USIA to the De- partment occurs. (e) Congressional Presentation Document The Department of State’s Congressional Presentation Document for fiscal year 2000 and each fiscal year thereafter shall include— (1) the aggregated amounts that the Depart- ment will spend on such public diplomacy pro- grams and on costs of personnel for such pro- grams, and a detailed description of the goals and purposes for which such funds shall be ex- pended; and (2) the amount of funds allocated to and the positions authorized for such public diplomacy programs, including bureaus to be created upon the transfer of functions from USIA to the Department. (Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1333, Oct. 21, 1998, 112 Stat. 2681–785; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 304], Nov. 29, 1999, 113 Stat. 1536, 1501A–434.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (d), was in the original ‘‘this subdivision’’, meaning subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–765, known as the Foreign Affairs Agencies Con- solidation Act of 1998. For complete classification of this subdivision to the Code, see Short Title note set out under section 6501 of this title and Tables. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–113 designated existing provisions as par. (1), inserted ‘‘, identified as public di- plomacy funds in any Congressional Presentation Doc- ument described in subsection (e), or reprogrammed for public diplomacy purposes,’’ after ‘‘diplomacy pro- grams’’, and added par. (2). § 6553. Continuation of United States Advisory Commission on Public Diplomacy The United States Advisory Commission on Public Diplomacy, established under section 1469 of this title and section 8 of Reorganization Plan Numbered 2 of 1977, shall continue to exist and operate under such provisions of law. (Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1334, Oct. 21, 1998, 112 Stat. 2681–786; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–446; Pub. L. 107–77, title IV, § 407(a), Nov. 28, 2001, 115 Stat. 790; Pub. L. 109–108, title IV, § 410, Nov. 22, 2005, 119 Stat. 2327; Pub. L. 110–21, § 1, May 2, 2007, 121 Stat. 87; Pub. L. 111–70, § 1, Oct. 9, 2009, 123 Stat. 2057; Pub. L. 112–239, div. A, title XII, § 1280(d)(1), Jan. 2, 2013, 126 Stat. 2033; Pub. L. 114–323, title VII, § 702(a), Dec. 16, 2016, 130 Stat. 1940; Pub. L. 116–159, div. A, § 168, Oct. 1, 2020, 134 Stat. 723; Pub. L. 117–81, div. E, title LVI, § 5604, Dec. 27, 2021, 135 Stat. 2379.) Editorial Notes REFERENCES IN TEXT Section 8 of Reorganization Plan Numbered 2 of 1977, referred to in text, is set out as a note under section Page 1833 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6562 1461 of this title and in the Appendix to Title 5, Govern- ment Organization and Employees. AMENDMENTS 2021—Pub. L. 117–81 substituted ‘‘Continuation’’ for ‘‘Sunset’’ in section catchline and struck out ‘‘until Oc- tober 1, 2021’’ after ‘‘provisions of law’’ in text. 2020—Pub. L. 116–159 substituted ‘‘October 1, 2021’’ for ‘‘October 1, 2020’’. 2016—Pub. L. 114–323 substituted ‘‘October 1, 2020’’ for ‘‘October 1, 2015’’. 2013—Pub. L. 112–239 substituted ‘‘October 1, 2015’’ for ‘‘October 1, 2010’’. 2009—Pub. L. 111–70 substituted ‘‘October 1, 2010’’ for ‘‘October 1, 2009’’. 2007—Pub. L. 110–21 substituted ‘‘October 1, 2009’’ for ‘‘October 1, 2006’’. 2005—Pub. L. 109–108 substituted ‘‘October 1, 2006’’ for ‘‘October 1, 2005’’. 2001—Pub. L. 107–77 substituted ‘‘October 1, 2005’’ for ‘‘October 1, 2001’’. 1999—Pub. L. 106–113 amended section catchline and text generally, substituting present provisions for pro- visions which had abolished the United States Advisory Commission on Public Diplomacy, repealed section 1469 of this title, and amended Reorganization Plan No. 2 of 1977. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–323, title VII, § 702(b), Dec. 16, 2016, 130 Stat. 1940, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 2016. Any lapse in powers, authorities, or responsibilities of the United States Advisory Com- mission on Public Diplomacy from the period beginning on October 1, 2016, and ending on the date of the enact- ment of this Act [Dec. 16, 2016], shall be deemed to have not so lapsed.’’ EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title XII, § 1280(d)(2), Jan. 2, 2013, 126 Stat. 2033, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2010.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–77, title IV, § 407(b), Nov. 28, 2001, 115 Stat. 790, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Admiral James W. Nance and Meg Donovan Foreign Relations Authoriza- tion Act, Fiscal Years 2000 and 2001 [H.R. 3427, as en- acted by Pub. L. 106-113, div. B, § 1000(a)(7)].’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–447, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall take effect as if included in the enactment of the Foreign Affairs Reform and Restruc- turing Act of 1998 [Pub. L. 105–277, div. G, see Short Title note set out under section 6501 of this title].’’ CONTINUATION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY Pub. L. 114–113, div. K, title VII, § 7034(k)(12), Dec. 18, 2015, 129 Stat. 2766, provided that: ‘‘Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied by substituting ‘Sep- tember 30, 2016’ for ‘October 1, 2015’.’’ SUBCHAPTER IV—UNITED STATES INTER- NATIONAL DEVELOPMENT COOPERATION AGENCY PART A—ABOLITION AND TRANSFER OF FUNCTIONS § 6561. Abolition of United States International Development Cooperation Agency (a) In general Except for the components specified in sub- section (b), the United States International De- velopment Cooperation Agency (including the Institute for Scientific and Technological Co- operation) is abolished. (b) AID and OPIC exempted Subsection (a) does not apply to the Agency for International Development or the Overseas Private Investment Corporation. (Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1411, Oct. 21, 1998, 112 Stat. 2681–790.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1401, Oct. 21, 1998, 112 Stat. 2681–790, provided that: ‘‘This title [see Tables for classification], and the amend- ments made by this title, shall take effect on the ear- lier of— ‘‘(1) April 1, 1999; or ‘‘(2) the date of abolition [Apr. 1, 1999] of the United States International Development Cooperation Agen- cy pursuant to the reorganization plan described in section 1601 [22 U.S.C. 6601].’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title. § 6562. Transfer of functions and authorities (a) Allocation of funds (1) Allocation to the Secretary of State Funds made available under the categories of assistance deemed allocated to the Director of the International Development Cooperation Agency under section 1–801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated to the Secretary of State on and after the effective date of this subchapter without further action by the President. (2) Procedures for reallocations or transfers The Secretary of State may allocate or transfer as appropriate any funds received under paragraph (1) in the same manner as previously provided for the Director of the International Development Cooperation Agen- cy under section 1–802 of that Executive Order, as in effect on October 1, 1997. (b) With respect to Overseas Private Investment Corporation There are transferred to the Administrator of the Agency for International Development all functions of the Director of the United States International Development Cooperation Agency