22 U.S.C. § 1461 — General authorization

Page 357 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 ter, a Government agency shall render engineer- ing 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 gov- ernments as provided under subchapter III of this chapter, together with such incidental as- sistance as may be necessary for the accom- plishment of their individual assignments. (Jan. 27, 1948, ch. 36, title IV, § 403, 62 Stat. 9.) SUBCHAPTER V—DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES § 1461. General authorization (a) Dissemination of information abroad The Secretary and the Broadcasting Board of Governors are authorized to use funds appro- priated or otherwise made available for public diplomacy information programs to provide for the preparation, dissemination, and use of infor- mation intended for foreign audiences abroad about the United States, its people, and its poli- cies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through in- formation centers, instructors, and other direct or indirect means of communication. (b) Dissemination of information within the United States (1) Except as provided in paragraph (2), the Secretary and the Broadcasting Board of Gov- ernors 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 chapter, the United States International Broad- casting 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 reimburse- ment pursuant to this paragraph shall be cred- ited to the applicable appropriation account of the Department of State or the Broadcasting Board of Governors, as appropriate. The Sec- retary 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 re- lease of such material have secured and paid for necessary United States rights and li- censes. (2) With respect to material disseminated abroad before the effective date of section 1078 of the National Defense Authorization Act for Fis- cal Year 2013— (A) the Secretary and the Broadcasting Board of Governors shall make available to the Archivist of the United States, for domes- tic distribution, motion pictures, films, video- tapes, and other material 12 years after the initial dissemination of the material abroad; and (B) the Archivist shall be the official custo- dian 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 li- censes and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its re- lease, 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. Such fees shall be paid into, administered, and ex- pended as part of the National Archives Trust Fund. (c) No requirement to provide material in dif- ferent format 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. (Jan. 27, 1948, ch. 36, title V, § 501, 62 Stat. 9; Pub. L. 92–352, title II, § 204, July 13, 1972, 86 Stat. 494; Pub. L. 96–60, title II, § 208, Aug. 15, 1979, 93 Stat. 401; Pub. L. 101–246, title II, § 202, Feb. 16, 1990, 104 Stat. 49; Pub. L. 112–239, div. A, title X, § 1078(a), Jan. 2, 2013, 126 Stat. 1957.) Editorial Notes REFERENCES IN TEXT The United States International Broadcasting Act of 1994, referred to in subsec. (b)(1), is title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, which is classified principally to chapter 71 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The Radio Broadcasting to Cuba Act, referred to in subsec. (b)(1), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, which is classified generally to subchapter V–A (§ 1465 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables. The Television Broadcasting to Cuba Act, referred to in subsec. (b)(1), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§ 1465aa et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables. For the effective date of section 1078 of the National Defense Authorization Act for Fiscal Year 2013 [Pub. L. 112–239], referred to in subsec. (b)(2), see section 1078(e) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 1437 of this title. AMENDMENTS 2013—Pub. L. 112–239 amended section generally. Prior to amendment, section provided general authorization to disseminate information about the United States abroad and domestically. 1990—Pub. L. 101–246 designated existing provisions as subsec. (a), substituted ‘‘Subject to subsection (b) of this section, any such information’’ for ‘‘Any such in- formation’’ in second sentence, and added subsec. (b). Page 358 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 1979—Pub. L. 96–60 substituted ‘‘ ‘Problems of Com- munism’ and the ‘English Teaching Forum’ which may be sold’’ for ‘‘ ‘Problems of Communism’ which may continue to be sold’’ in parenthetical clause. 1972—Pub. L. 92–352 substituted provisions relating to the prohibition, except as otherwise provided, on the dissemination of information within the United States, its territories, or possessions, other than ‘‘Problems of Communism’’ which could continue to be sold at the Government Printing Office, for provisions relating to the availability of press release or radio scripts for ex- amination by representatives of United States press as- sociations, newspapers, magazines, radio systems, and stations, and, on request, Members of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective and applica- ble on the date that is 180 days after Jan. 2, 2013, see section 1078(e) of Pub. L. 112–239, set out as a note under section 1437 of this title. RULE OF CONSTRUCTION Pub. L. 112–239, div. A, title X, § 1078(b), Jan. 2, 2013, 126 Stat. 1958, provided that: ‘‘Nothing in this section [amending this section and sections 1437, 1461–1a, and 1462 of this title and enacting provisions set out as a note under section 1437 of this title], or in the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), may be construed to affect the allocation of funds appropriated or otherwise made specifically available for public diplomacy or to au- thorize appropriations for Broadcasting Board of Gov- ernors [now United States Agency for Global Media] programming other than for foreign audiences abroad.’’ TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau), referred to in notes below, abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. USIA NETWORK FOR DISSEMINATION OF INFORMATION CONCERNING UNITED STATES PROGRAMS TO COMBAT NARCOTICS AND OTHER CONTROLLED SUBSTANCES Pub. L. 101–246, title II, § 210, Feb. 16, 1990, 104 Stat. 54, provided that: ‘‘The United States Information Agency shall establish and maintain an international narcotics information network. The network shall disseminate prompt, accurate, and comprehensive information to foreign governments concerning programs and activi- ties of the United States Government— ‘‘(1) to eliminate the illicit production, trafficking, and abuse of narcotic and psychotropic drugs and other controlled substances within the United States; and ‘‘(2) to promote drug prevention and rehabilitation in the United States.’’ [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] PUBLIC SERVICE ANNOUNCEMENTS TO PROMOTE CHILD SURVIVAL Pub. L. 101–246, title II, § 233, Feb. 16, 1990, 104 Stat. 57, provided that: ‘‘The United States Information Agency shall establish and maintain through the Voice of America a system of public service announcements fo- cusing on child survival techniques.’’ [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] USIA POSTS AND PERSONNEL OVERSEAS Pub. L. 100–204, title II, § 204, Dec. 22, 1987, 101 Stat. 1373, prohibited use of appropriated funds to pay ex- penses associated with closing of United States Infor- mation Agency posts abroad or to pay expenses associ- ated with Bureau of Management or with television and film service of Agency if an Agency post abroad was closed after Apr. 1, 1987, and not reopened within 180 days after Dec. 22, 1987, placed limitation on reduction of number of positions filled by American employees of Agency stationed abroad, authorized waiver of both prohibition and limitation, and permitted Director, in case of a sequestration order, to submit a report to con- gressional committees proposing a list of Agency posts to be downgraded or closed in order to comply with se- questration order, prior to repeal by Pub. L. 102–138, title II, § 206(c), Oct. 28, 1991, 105 Stat. 693. See section 1475g of this title. REDESIGNATION OF INTERNATIONAL COMMUNICATION AGENCY AS UNITED STATES INFORMATION AGENCY Pub. L. 97–241, title III, § 303, Aug. 24, 1982, 96 Stat. 291, provided that: ‘‘(a) The International Communication Agency, es- tablished by Reorganization Plan Numbered 2 of 1977 [set out as a note below], is hereby redesignated the United States Information Agency. The Director of the International Communication Agency or any other of- ficial of the International Communication Agency is hereby redesignated the Director or other official, as appropriate, of the United States Information Agency. ‘‘(b) Any reference in any statute, reorganization plan, Executive order, regulation, agreement, deter- mination, or other official document or proceeding to the International Communication Agency or the Direc- tor or other official of the International Communica- tion Agency shall be deemed to refer respectively to the United States Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a).’’ [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] Executive Documents REORGANIZATION PLAN NO. 8 OF 1953 Eff. Aug. 1, 1953, 18 F.R. 4542, 67 Stat. 642, as amend- ed act June 28, 1955, ch. 189, § 12(c)(21), 69 Stat. 183; Reorg. Plan No. 2 of 1977, § 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, June 1, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.]. UNITED STATES INFORMATION AGENCY SECTION 1. ESTABLISHMENT OF AGENCY [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639, set out as a note below. Section was amended by act June 28, 1955, ch. 189, § 12(c)(21), 69 Stat. 183 and related to the establish- ment of the United States Information Agency.] SEC. 2. TRANSFER OF FUNCTIONS (a) Subject to subsection (c) of this section, there are hereby transferred to the Director (1) the functions Page 359 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 1 Actually transmitted Oct. 12, 1977. 2 As amended Nov. 1, 1977, and Nov. 3, 1977. vested in the Secretary of State by Title V of the United States Information and Educational Exchange Act of 1948, as amended [22 U.S.C. 1461, 1462], and so much of functions with respect to the interchange of books and periodicals and aid to libraries and commu- nity centers under sections 202 and 203 of the said Act [22 U.S.C. 1447, 1448] as is an integral part of informa- tion programs under that Act [22 U.S.C. 1431–1479], to- gether with so much of the functions vested in the Sec- retary of State by other provisions of the said Act [22 U.S.C. 1431–1479] as is incidental to or is necessary for the performance of the functions under Title V and sec- tions 202 and 203 transferred by this section, and (2) [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Paragraph related to functions of the Secretary of State with respect to in- formation programs relating to Germany and Austria.] (b) [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639. Subsection re- lated to the transfer to the Director of functions vested in the Director for Mutual Security by the Mutual Se- curity Act of 1951, as amended, act Oct. 10, 1951, ch. 479, 65 Stat. 373, which related to foreign information pro- grams, as formerly provided for in section 1652 of this title.] (c)(1) The Secretary of State shall direct the policy and control the content of a program, for use abroad, on official United States positions, including interpre- tations of current events, identified as official posi- tions by an exclusive descriptive label. (2) The Secretary of State shall continue to provide to the Director on a current basis full guidance con- cerning the foreign policy of the United States. (3) [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), 42 F.R. 62461, 91 Stat. 1639. Paragraph provided that noth- ing in subsec. (c) of this section was to affect the func- tions of the Secretary of State with respect to con- ducting negotiations with other governments.] (d) To the extent the President deems it necessary in order to carry out the functions transferred by the foregoing provisions of this section, he may authorize the Director to exercise, in relation to the respective functions so transferred, any authority or part thereof available by law, including appropriation acts, to the Secretary of State, the Director for Mutual Security, or the Director of the Foreign Operations Administra- tion, in respect of the said transferred functions. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to the performance of transferred functions.] SEC. 4. INCIDENTAL TRANSFERS [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to incidental trans- fers.] SEC. 5. INTERIM PROVISIONS [Superseded. Reorg. Plan No. 2 of 1977, § 9(b), 42 F.R. 62461, 91 Stat. 1639. Section related to interim provi- sions.] [The United States Information Agency was abol- ished and replaced by the International Communica- tion Agency pursuant to Reorg. Plan No. 2 of 1977, set out below, effective on or before July 1, 1978, at such time as specified by the President. The International Communication Agency was redesignated the United States Information Agency by section 303 of Pub. L. 97–241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note above. For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sec- tions 6531, 6532, and 6551 of this title.] MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 8 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for the reorga- nization of foreign information functions. My reasons for proposing this plan are stated in another message transmitted to the Congress today. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 8 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Re- organization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorga- nizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rates of compensation fixed for these offi- cers are, respectively, those which I have found to pre- vail in respect of comparable officers in the executive branch of the Government. I expect that the improved organizational arrange- ment provided for in Reorganization Plan No. 8 of 1953 will lead to substantial economies and significantly im- proved effectiveness of administration. It is not prac- ticable, however, to itemize at this time the reductions in expenditures which will probably be brought about by the taking effect of the reorganizations included in the reorganization plan. DWIGHT D. EISENHOWER. THE WHITE HOUSE, June 1, 1953. REORGANIZATION PLAN NO. 2 OF 1977 42 F.R. 62461, 91 Stat. 1636, as amended Pub. L. 101–246, title II, § 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§ 1334(b), 1336(6), Oct. 21, 1998, 112 Stat. 2681–786, 2681–790; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–446, 1501A–447; Pub. L. 107–77, title IV, § 407(c), Nov. 28, 2001, 115 Stat. 790 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, October 11, 1977,1 pursuant to the provisions of chapter 9 of title 5 of the United States Code.2 INTERNATIONAL COMMUNICATION AGENCY SECTION 1. ESTABLISHMENT OF THE INTERNATIONAL COMMUNICATION AGENCY [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section es- tablished the International Communication Agency.] SEC. 2. DIRECTOR [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment and responsibilities of Direc- tor of the Agency.] SEC. 3. DEPUTY DIRECTOR [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment and duties of Deputy Director of the Agency.] SEC. 4. ASSOCIATE DIRECTORS [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for appointment, titles, and functions of four Associate Directors of the Agency.] SEC. 5. PERFORMANCE OF FUNCTIONS [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section provided for establishment of bureaus, offices, divi- sions, and other units within the Agency and for per- formance of functions of the Director within the Agen- cy.] Page 360 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 SEC. 6. NEGOTIATIONS [Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(6), Oct. 21, 1998, 112 Stat. 2681–790. Section authorized Director to conduct negotiations with rep- resentatives of foreign states or organizations on mat- ters for which responsibility was vested in the Director or in the Agency.] SEC. 7. TRANSFER OF FUNCTIONS (a) There are hereby transferred to the Director all functions vested in the President, the Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency pursuant to the following: (1) the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431–1479), except to the extent that any function in sections 302, 401, or 602 [22 U.S.C. 1452, 1456, or 1467] is vested in the President; (2) the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451–2458a), except for: (A) such functions as are vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1), 104(e)(2), 104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 [22 U.S.C. 2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a), 2458]; (B) to the extent that such functions were assigned to the Secretary of Health, Education and Welfare immediately prior to the effective date of this Reorganization Plan, sections 104(b), 105(d)(2), 105(f), 106(d), and 106(f) [22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d), (f)]; and (C) to the extent that any function therein is vested in the President or the Secretary of State, sections 106(b) and 106(c) [22 U.S.C. 2456(b), (c)]. (3) Public Law 90–494 (22 U.S.C. [former] 929–932, 1221–1234), to the extent that such functions are vested in the Director of the United States Information Agen- cy; (4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service Act of 1946, as amended (22 U.S.C. [former sec- tions] 922(3), 1037a(1), and 1063(a)(4)), to the extent such functions are vested in the Director of the United States Information Agency or in the United States In- formation Agency. (5) Section 4 of the United States Information Agency Appropriations Authorization Act of 1973, Public Law 93–168 [Nov. 29, 1973, 87 Stat. 689]; (6)(A) Sections 107(b), 204 and 205 of the Foreign Rela- tions Authorization Act, Fiscal Year 1978, Public Law 95–105, 91 Stat. 844 [Aug. 17, 1977]; and (B) to the extent such functions are vested in the Director of the United States Information Agency, section 203 of the Act; (7) The Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054–2057); (8) Sections 101(a)(15)(J) and 212(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e)); (9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note); (10) Section 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)); (11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71 ([former] 50 U.S.C. App. 2316); (12) Section 9(b) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such functions are vested in the Sec- retary of State; (13) Section 112(a) of the Higher Education Act of 1965 (20 U.S.C. [former] 1009(a)), to the extent such functions are vested in the Department of State; (14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)(1)); (15) Section 201 of Public Law 89–665, as amended by section 201(5) of Public Law 94–422 ([former] 16 U.S.C. 470i(a)(9)); (16) The third proviso in the twenty-third unnum- bered paragraph of title V of Public Law 95–86 (headed ‘‘UNITED STATES INFORMATION AGENCY, SALA- RIES AND EXPENSES’’), 91 Stat. 440–41 [Aug. 2, 1977]; (17) The twentieth unnumbered paragraph of title I of Public Law 95–86 (headed ‘‘CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST’’), 91 Stat. 424; (18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F) of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and (19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63 Stat. 408 (22 U.S.C. 2681–2683). (b) There are hereby transferred to the Director all functions vested in the Assistant Secretary of State for Public Affairs pursuant to Section 2(a) of the John F. Kennedy Center Act (20 U.S.C. 76h(a)). (c) The Director shall insure that the scholarly integ- rity and nonpolitical character of educational and cul- tural exchange activities vested in the Director are maintained. SEC. 8. ESTABLISHMENT OF THE UNITED STATES ADVI- SORY COMMISSION ON INTERNATIONAL COMMUNICATION, CULTURAL, AND EDUCATIONAL AFFAIRS (a) There is hereby established an advisory commis- sion, to be known as the United States Advisory Com- mission on International Communication, Cultural and Educational Affairs (the ‘‘Commission’’) [the United States Advisory Commission on Public Diplomacy]. The Commission shall consist of seven members who shall be 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 the cross section of educational, communications, cultural, scientific, technical, public service, labor and business and professional back- grounds. Not more than four members shall be from any one political party. The term of each member shall be three years except that of the original seven ap- pointments, two shall be for a term of one year and two shall be for a term of two years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the ex- piration of a member’s term of office, such member may continue to serve until a successor is appointed and has qualified. The President shall designate a member to chair the Commission. (b) The functions now vested in the United States Ad- visory Commission on Information and in the United States Advisory Commission on International Edu- cational and Cultural Affairs under sections 601 through 603 and 801(6) of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1466–1468, 1471(6)), and under sections 106(b) and 107 of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(b), 2457), respec- tively, are hereby consolidated and vested in the Com- mission, as follows: The Commission shall formulate and recommend to the Director, the Secretary of State, and the President policies and programs to carry out the functions vested in the Director or the Agency, and shall appraise the effectiveness of policies and programs of the Agency. The Commission shall submit to the Congress, the President, the Secretary of State and the Director an- nual reports on programs and activities carried on by the Agency, including appraisals, where feasible, as to the effectiveness of the several programs. The Commis- sion shall also include in such reports such rec- ommendations as shall have been made by the Commis- sion to the Director for effectuating the purposes of the Agency, and the action taken to carry out such rec- ommendations. The Commission may also submit such other reports to the Congress as it deems appropriate, and shall make reports to the public in the United States and abroad to develop a better understanding of and support for the programs conducted by the Agency. The Commission’s reports to the Congress shall include assessments of the degree to which the scholarly integ- rity and nonpolitical character of the educational and cultural exchange activities vested in the Director have been maintained, and assessments of the attitudes of foreign scholars and governments regarding such ac- tivities. Page 361 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 (c) The Commission shall have no authority with re- spect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO. [As amended Pub. L. 101–246, title II, § 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1334(b), Oct. 21, 1998, 112 Stat. 2681–786; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–446, 1501A–447; Pub. L. 107–77, title IV, § 407(c), Nov. 28, 2001, 115 Stat. 790.] [Section 6553 of this title provided that the United States Advisory Commission on Public Diplomacy, es- tablished under section 8 of Reorganization Plan Num- bered 2 of 1977, set out above, was to continue to exist and operate until Oct. 1, 2005.] [Any provisions of section 8 of Reorg. Plan No. 2 of 1977 inconsistent with 22 U.S.C. 1469 to no longer have legal effect on Jan. 20, 1989, and prohibition limiting membership of individuals from same political party is repealed, see [former] 22 U.S.C. 1469(d).] [United States Advisory Commission on Inter- national Communication, Cultural and Educational Af- fairs was redesignated the United States Advisory Com- mission on Public Diplomacy by 22 U.S.C. 1469.] SEC. 9. ABOLITIONS AND SUPERSESSIONS (a) The following are hereby abolished: (1) The United States Information Agency, including the offices of Director, Deputy Director, Deputy Direc- tor (Policy and Plans) (5 U.S.C. 5316(67)), Associate Di- rector (Policy and Plans) (5 U.S.C. 5316(103)), and addi- tional offices created by section 1(d) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), of the United States Information Agency, provided that, pending the initial appointment of the Director, Deputy Director and Associate Directors of the Agency their functions shall be performed temporarily, but not for a period in excess of sixty (60) days, by such officers of the Depart- ment of State or of the United States Information Agency as the President shall designate; (2) One of the offices of Assistant Secretary of State provided for in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111, as amended (22 U.S.C. 2652), and in sec- tion 5315(22) of title 5 of the United States Code; (3) The United States Advisory Commission on Inter- national Educational and Cultural Affairs (22 U.S.C. [former] 2456(b)); (4) The United States Advisory Commission on Infor- mation (22 U.S.C. [former] 1466–1468); (5) All functions vested in or related to the United States Advisory Commission on International Edu- cational and Cultural Affairs and the United States Ad- visory Commission on Information that are not trans- ferred to the Director by section 7 or consolidated in the Commission by section 8 of this Reorganization Plan; (6) The Advisory Committee on the Arts, all func- tions thereof, and all functions relating thereto (22 U.S.C. [former] 2456(c)); and (7) The functions vested in the Secretary of State by section 3(e) of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C. [former] 2670(e)). (b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of Reor- ganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby superseded. SEC. 10. OTHER TRANSFERS So much of the personnel, property, records, and un- expended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions trans- ferred or consolidated by this Reorganization Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or commission at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies, commissions, and offices abolished herein and for such further measures and dispositions as such Di- rector deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 11. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times, on or before July 1, 1978, as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. [Amendment to Reorganization Plan No. 2 of 1977 [set out above] by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.] [Pursuant to Ex. Ord. No. 12048, set out below, this Reorg. Plan is effective July 1, 1978.] MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 2 of 1977 to consolidate certain international communication, educational and cultural, and broadcasting activities of the United States Government. I am acting under the authority vested in me by the Reorganization Act, chapter 9 of title 5 of the United States Code. I am also acting pursuant to section 501 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95–105), which provides that my recommendations for reorga- nizing these activities be transmitted by October 31, 1977. This reorganization will consolidate into a new agen- cy, to be known as the Agency for International Com- munication, the functions now exercised by the State Department’s Bureau of Educational and Cultural Af- fairs and the United States Information Agency. The principal aspects of this proposal are: —The new agency will take over USIA’s international communications programs (including the Voice of America) and the international educational and cultural exchange activities now conducted by the Bureau of Educational and Cultural Affairs. —The agency’s Director will be the principal advisor on international information and exchange activi- ties to the President, the National Security Coun- cil, and the Secretary of State. Under the direction of the Secretary of State, the Director will have primary responsibility within the Government for the conduct of such activities. The Director, the Deputy Director and the Associate Directors of the new agency will be confirmed by the Senate. —The two commissions that now advise USIA and the Bureau of Educational and Cultural Affairs will be combined into a single seven-member commission. Members of this nonpartisan commission will be chosen from fields related to the agency’s mission. The commissioners will be appointed by the Presi- dent and confirmed by the Senate. The purpose of this reorganization is to broaden our informational, educational and cultural intercourse with the world, since this is the major means by which our government can inform others about our country, and inform ourselves about the rest of the world. The new Agency for International Communication will play a central role in building these two-way bridges of understanding between our people and the other peoples of the world. Only by knowing and under- standing each other’s experiences can we find common ground on which we can examine and resolve our dif- ferences. The new agency will have two distinct but related goals: To tell the world about our society and policies—in particular our commitment to cultural diversity and individual liberty. To tell ourselves about the world, so as to enrich our own culture as well as to give us the under- Page 362 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461 standing to deal effectively with problems among na- tions. As the world becomes more and more interdependent, such mutual understanding becomes increasingly vital. The aim of this reorganization, therefore, is a more ef- fective dialogue among peoples of the earth. Ameri- cans—mostly immigrants or the descendants of immi- grants—are particularly well suited to enter into such an undertaking. We have already learned much from those who have brought differing values, perspectives and experiences to our shores. And we must continue to learn. Thus the new agency will lay heavy emphasis on lis- tening to others, so as to learn something of their mo- tivations and aspirations, their histories and cultures. Several principles guided me in shaping this reorga- nization plan. Among the most important were: —Maintaining the integrity of the educational and cultural exchange programs is imperative. To this end, the plan retains the Board of Foreign Scholar- ships, whose strong leadership has done so much to insure the high quality of the educational exchange program. In addition, I intend to nominate an Asso- ciate Director who will be responsible for the ad- ministration and supervision of educational and cultural functions consolidated in the new Agency. The responsibilities presently exercised by the De- partment of State in relation to the Center for Technical and Cultural Interchange Between East and West, Inc., will be transferred to the new agen- cy without alteration. —Keeping the Voice of America’s news gathering and reporting functions independent and objective. The Voice’s charter, enacted into law in 1976, provides that ‘‘VOA news will be accurate, objective, and comprehensive’’; that VOA will ‘‘present a balanced and comprehensive projection of significant Amer- ican thought and institutions’’; and that VOA will present U.S. policies ‘‘clearly and effectively, and will also present responsible discussion and opinion on these policies.’’ Under this Administration, VOA will be solely responsible for the content of news broadcasts—for there is no more valued coin than candor in the international marketplace of ideas. I also plan to nominate an Associate Director who will be responsible for the administration and su- pervision of the Voice of America. —The new agency’s activities must be straight- forward, open, candid, balanced, and representative. They will not be given over to the advancement of the views of any one group, any one party or any one Administration. The agency must not operate in a covert, manipulative, or propagandistic way. —Rights of U.S. Information Agency and State De- partment employees must be respected. In the new agency, their career achievements will be recog- nized and the best possible use made of their profes- sional skills and abilities. The Director of the new agency will assess and advise on the impact on worldwide public opinion of American foreign policy decisions. The Agency will coordinate the international information, educational, cultural and exchange programs conducted by the U.S. Govern- ment and will be a governmental focal point for private U.S. international exchange programs. It will also play a leading role within the U.S. Government in our ef- forts to remove barriers to the international exchange of ideas and information. It is not practicable to specify all of the expenditure reductions and other economies that will result from the proposed reorganization, and therefore I do not do so. The reorganization will result in greater efficiency by unifying in Washington the management of pro- grams which are already administered in a consoli- dated manner in the field. For example, field officers will no longer report to two separate sets of supervisors and headquarters at home. This plan abolishes the functions of the Advisory Committee on the Arts authorized by section 106(c) of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also abolished, as a result of the consolidation of certain functions of the United States Advisory Commission on Information and the United States Advisory Commission on Inter- national Educational and Cultural Affairs in the United States Advisory Commission on International Commu- nication, Cultural and Educational Affairs, are the functions authorized by section 603 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1468) (requiring submission by the United States Advisory Commission on Information of a quarterly report to the Director of USIA and a semi- annual report to the Congress). The new commission will report annually and at such other times as it deems appropriate (as does the existing Advisory Com- mission on International Educational and Cultural Af- fairs). Since appointments of all members of the new commission will be on a nonpartisan basis, as has been the case with the Advisory Commission on Inter- national Educational and Cultural Affairs, the require- ment of section 602(a) of the U.S. Information and Edu- cational Exchange Act (22 U.S.C. 1467(a)) that not more than three members of the Advisory Commission on In- formation shall be of the same political party is abol- ished. Various obsolete or superseded functions under Reor- ganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA, are superseded by this plan. Finally, the Plan abolishes a provision authorizing the Sec- retary of State to pay the expenses of transporting the bodies of participants in exchange programs who die away from home, since State no longer will conduct such programs (22 U.S.C. 2670(e)). All functions abol- ished by the reorganization are done so in compliance with section 903(b) of title 5 of the United States Code. After investigation, I have found that this reorga- nization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. The provisions in this Plan for the appointment and pay of the Director, Deputy Director, and Associate Di- rectors of the Agency have been found by me to be nec- essary by reason of the reorganization made by the plan and are at a rate applicable to comparable officers in the executive branch. In presenting this plan, I ask the support of Congress to strengthen and simplify the machinery by which we carry out these important functions of the United States Government. Such action will make us better able to project the great variety and vitality of American life to those abroad, and to enrich our own lives with a fuller knowl- edge of the vitality and variety of other societies. The new Agency for International Communication will help us demonstrate ‘‘a decent respect for the opin- ions of mankind,’’ and to deal intelligently with a world awakening to a new spirit of freedom. JIMMY CARTER. THE WHITE HOUSE, October 11, 1977. EX. ORD. NO. 12048. INTERNATIONAL COMMUNICATION AGENCY Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361, as amended by Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, pro- vided: By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding Section 11 of Reorganization Plan No. 2 of 1977 (42 FR 62461 (December 13, 1977)) [set out above], Sec- tion 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for the establishment of the International Communication Agency, it is hereby ordered as follows: SECTION 1. (a) Reorganization Plan No. 2 of 1977 (42 FR 62461), which establishes the International Commu- nication Agency, except for Section 7(a)(14) thereof, is hereby effective. Page 363 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1461–1a (b) Section 7(a)(14) of Reorganization Plan No. 2 of 1977, relating to the Woodrow Wilson Memorial Act of 1968 [20 U.S.C. 80e et seq.], shall be effective on July 1, 1978. SEC. 2. The functions vested in the Secretary of State by Executive Order No. 11312 are assigned and redele- gated to the Director of the International Communica- tion Agency. All authority vested in the United States Information Agency or its Director by Executive order is reassigned and redelegated to the International Com- munication Agency or its Director, respectively. SEC. 3. In order to ensure appropriate coordination among the Executive agencies, the Director of the International Communication Agency shall exercise primary responsibility for Government-wide policy guidance for international informational, educational, and cultural activities, including exchange programs. The Director shall take into account the statutory functions of the other concerned Executive agencies. SEC. 4. The Director of the International Communica- tion Agency, with the assistance of the Secretary of Education, shall prepare and submit to the President the reports which the President is to transmit to the Congress pursuant to Section 108(b) of the Mutual Edu- cational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2458). SEC. 5. The functions vested in the President by Sec- tions 108(c) and 108(d) of the Mutual Educational and Cultural Exchange Act of 1961, as amended [22 U.S.C. 2458(c) and (d)], are delegated to the Director of the International Communication Agency; because, (a) such a delegation is in the interest of the purposes ex- pressed in that Act and the efficient administration of the programs undertaken pursuant thereto, (b) the Di- rector is an appropriate official to perform those func- tions, and (c) those functions are not now delegated to any other officer of the Government. SEC. 6. The Director of the International Communica- tion Agency shall be the principal adviser to the Presi- dent, the National Security Council, and the Secretary of State on international informational, educational, and cultural matters. As such, the Director shall pro- vide advice within the policy formulation activities of the National Security Council when such matters are considered. The Director shall ensure that the senior official of the Agency at each diplomatic mission pro- vides advice to the Chief of Mission on such matters. The scope of the Director’s advice shall include assess- ments of the impact of actual and proposed United States foreign policy decisions on public opinion abroad. SEC. 7. The records, property, personnel, and unex- pended balances of appropriations, available or to be made available, which relate to the functions trans- ferred or reassigned, or redelegated as provided in this Order, are hereby transferred to the Director of the International Communication Agency. SEC. 8. The Director of the Office of Management and Budget shall make such determinations, issue such or- ders, and take all actions, necessary or appropriate to effectuate the transfers or reassignments provided in this Order, including the transfer of funds, records, property, and personnel. SEC. 9. This Order shall be effective on April 1, 1978. SEC. 10. In accord with the name change provisions of Section 303 of Public Law 97–241 [set out as a note above] and effective on August 24, 1982, references in this Order to the International Communication Agency shall be deemed to be references to the United States Information Agency. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.] § 1461–1. Mission of United States Information Agency The mission of the United States Information Agency shall be to further the national interest by improving United States relations with other countries and peoples through the broadest pos- sible sharing of ideas, information, and edu- cational and cultural activities. In carrying out this mission, the United States Information Agency shall, among other activities— (1) conduct Government-sponsored informa- tion, educational, and cultural activities de- signed— (A) to provide other peoples with a better understanding of the policies, values, insti- tutions, and culture of the United States; and (B) within the statutory limits governing domestic activities of the Agency, to en- hance understanding on the part of the Gov- ernment and people of the United States of the history, culture, attitudes, perceptions, and aspirations of others; (2) encourage private institutions in the United States to develop their own exchange activities, and provide assistance for those ex- change activities which are in the broadest na- tional interest; (3) coordinate international informational, educational, or cultural activities conducted or planned by departments and agencies of the United States Government; (4) assist in the development of a com- prehensive national policy on international communications; and (5) promote United States participation in international events relevant to the mission of the Agency. (Pub. L. 95–426, title II, § 202, Oct. 7, 1978, 92 Stat. 972; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1979, and not as part of the United States Information and Educational Ex- change Act of 1948 which comprises this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘United States Information Agency’’ substituted in text for ‘‘International Communication Agency’’ pursu- ant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title. United States Informa- tion Agency (other than Broadcasting Board of Gov- ernors and International Broadcasting Bureau) abol- ished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. INCREASE IN FINANCIAL RESOURCES OF AGENCY FOR EXCHANGE-OF-PERSONS ACTIVITIES Pub. L. 95–426, title II, § 203, Oct. 7, 1978, 92 Stat. 973, as amended by Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291, required the President, by a process of gradual expansion during the four-year period begin- ning Oct. 1, 1979, to increase significantly the financial resources expended annually by the United States In- formation Agency for exchange-of-persons activities. § 1461–1a. Clarification on domestic distribution of program material (a) In general No funds authorized to be appropriated to the Department of State or the Broadcasting Board