22 U.S.C. § 1442 — Informational media guaranties

Page 352 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1437 1 See References in Text note below. any case in which such disclosure (1) is prohib- ited by any other law of the United States, or (2) is inconsistent with the security of the United States. (Jan. 27, 1948, ch. 36, title X, § 1003, 62 Stat. 13.) § 1437. Utilization of private agencies In carrying out the provisions of this chapter it shall be the duty of the Secretary and the Broadcasting Board of Governors to utilize, to the maximum extent practicable, the services and facilities of private agencies, including ex- isting American press, publishing, radio, motion picture, and other agencies, through contractual arrangements or otherwise. It is the intent of Congress that the Secretary and the Broad- casting Board of Governors shall encourage par- ticipation in carrying out the purposes of this chapter by the maximum number of different private agencies in each field consistent with the present or potential market for their serv- ices in each country. (Jan. 27, 1948, ch. 36, title X, § 1005, 62 Stat. 14; Pub. L. 112–239, div. A, title X, § 1078(d)(2), Jan. 2, 2013, 126 Stat. 1959.) Editorial Notes AMENDMENTS 2013—Pub. L. 112–239 inserted ‘‘and the Broadcasting Board of Governors’’ after ‘‘Secretary’’ in two places. 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 Pub. L. 112–239, div. A, title X, § 1078(e), Jan. 2, 2013, 126 Stat. 1959, provided that: ‘‘This section [amending this section and sections 1461, 1461–1a, and 1462 of this title and enacting provisions set out as a note under section 1461 of this title] shall take effect and apply on the date that is 180 days after the date of the enact- ment of this section [Jan. 2, 2013].’’ § 1438. Veterans’ preference No provision of this chapter shall be construed to modify or to repeal the provisions of sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of title 5. (Jan. 27, 1948, ch. 36, title X, § 1007, 62 Stat. 14.) Editorial Notes REFERENCES IN TEXT Section 3306 of title 5, referred to in text, was re- pealed by Pub. L. 95–228, § 1, Feb. 10, 1978, 92 Stat. 25. Section 3319 of title 5, referred to in text, was re- pealed by Pub. L. 95–454, title III, § 307(h)(1), Oct. 13, 1978, 92 Stat. 1149. Section 3364 of title 5, referred to in text, was re- pealed by Pub. L. 94–183, § 2(6), Dec. 31, 1975, 89 Stat. 1057. Sections 7511 and 7512 of title 5, referred to in text, which related to adverse actions against preference eli- gible employees and comprised subchapter II of chapter 75 of Title 5, Government Organization and Employees, were repealed by Pub. L. 95–454 and replaced by a new subchapter II (§§ 7511–7514) of chapter 75 relating to re- moval, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less. CODIFICATION ‘‘Sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of title 5’’ substituted in text for ‘‘the Vet- erans’ Preference Act of 1944’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. § 1439. Repealed. Pub. L. 96–470, title I, § 117, Oct. 19, 1980, 94 Stat. 2240 Section, acts Jan. 27, 1948, ch. 36, title X, § 1008, 62 Stat. 14; Sept. 21, 1961, Pub. L. 87–256, § 111(a)(2), 75 Stat. 538; Oct. 26, 1974, Pub. L. 93–475, § 7, 88 Stat. 1440; 1977 Reorg. Plan No. 2, § 7(a)(1), 42 F.R. 62461, 91 Stat. 1637, required the Director to submit annual reports to Con- gress on expenditures made and activities carried on under this chapter, including appraisals and measure- ments, where feasible, as to the effectiveness of the several programs in each country where conducted. Pub. L. 87–256, § 111(9)(2), Sept. 21, 1961, 75 Stat. 538, pre- viously repealed this section insofar as it related to educational exchange activities. See section 2458(b) of this title. § 1440. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(1), Oct. 21, 1998, 112 Stat. 2681–790 Section, acts Jan. 27, 1948, ch. 36, title X, § 1009, 62 Stat. 14; Pub. L. 87–256, § 111(a)(2), Sept. 21, 1961, 75 Stat. 538, related to applicability of chapter provisions to similar international activities of State Department. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under sec- tion 6531 of this title. § 1441. Omitted Editorial Notes CODIFICATION Section, based on third proviso under subheading ‘‘International Information and Education Activities’’ under heading ‘‘State Department’’ of Title I of the Supplemental Appropriation Act, 1950 (approved Oct. 14, 1949, ch. 694, 63 Stat. 878), authorized the acquisition of land outside the continental United States, and was not repeated in the Department of State Appropriation Act, 1951 (approved Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 609), or other appropriation acts. § 1442. Informational media guaranties (a) Authorization to make The Director of the United States Information Agency may make guaranties, in accordance with the provisions of subsection (b) of section 1933 1 of this title, 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 Page 353 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1442 of the United States, including the objective mentioned in sections 1933(b)(4)(A) 1 and 1933(b)(4)(G) 1 of this title. (b) Assumption of notes issued pursuant to sec- tion 1509(c)(2) of this title; advances The Director is authorized to assume the obli- gation of not to exceed $28,000,000 of the notes authorized to be issued pursuant to section 1509(c)(2) 1 of this title, together with the inter- est 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 Treas- ury available for payments under informational media guaranties. (c) Limitations of time; total of guaranties out- standing The Director is authorized to make informa- tional media guaranties without regard to the limitations of time contained in section 1933(b)(4) 1 of this title, 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 Sec- retary of the Treasury plus the amount of the funds in the special account referred to in sub- section (b). (d) Sale of foreign currencies; special account; availability Foreign currencies available after June 30, 1955, from conversions made pursuant to the ob- ligation of informational media guaranties may be sold, in accordance with Treasury Depart- ment regulations, for dollars which shall be de- posited in the special account and shall be avail- able for payments under new guaranties. Such currencies shall be available, as may be provided for by the Congress in appropriation Acts, for use for educational, scientific, and cultural pur- poses 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 gov- ernments of the United States and the country from which the currencies derive. (e) Deposit of fees; availability Notwithstanding the provisions of section 1933(b)(4)(E) 1 of this title, (1) fees collected for the issuance of informational media guaranties shall be deposited in the special account and shall be available for payments under informa- tional 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) Advance payments The Director is further authorized, under such terms as he may prescribe, to make advance payments under informational media guaran- ties: 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) Separate accounts; transfers As soon as feasible after July 18, 1956, all as- sets, 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 1509(c)(2) 1 of this title, cumulative from April 3, 1948, shall be accounted for separately from other guaranties issued pursuant to section 1933(b) 1 of this title: Provided, That there shall be transferred from the special account estab- lished pursuant to subsection (b), into the ac- count available for payments under guaranties other than the informational media guaranties, an amount equal to the total of the fees received for the issuance of guaranties other than infor- mational media guaranties, and used to make payments under informational media guaran- ties. (h) Appropriations for restoration of realized im- pairment to capital; liquidation of notes (1) There is authorized to be appropriated an- nually an amount to restore in whole or in part any realized impairment to the capital used in carrying on the authority to make informa- tional media guaranties, as provided in sub- section (c), through the end of the last com- pleted fiscal year. (2) Such impairment shall consist of the amount by which the losses incurred and inter- est 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 consulta- tion with the Director, has determined to be un- available for, or 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 sec- tion 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 au- thorized 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 obliga- tions 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 disposi- tion shall be deposited in miscellaneous re- ceipts. (4) Section 1476(a) of this title 1 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 informa- tional media guaranty program under this sec- tion and which were outstanding on August 24, 1982. (Jan. 27, 1948, ch. 36, title X, § 1011, as added Aug. 26, 1954, ch. 937, title V, § 544(a), 68 Stat. 862; Page 354 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1442a amended Aug. 26, 1954, ch. 937, title V, § 544(g), as added July 18, 1956, ch. 627, § 11(a), 70 Stat. 563, and amended Pub. L. 85–141, § 11(b)(1), Aug. 14, 1957, 71 Stat. 365; Pub. L. 85–477, ch. V, § 502(i), June 30, 1958, 72 Stat. 274; Pub. L. 86–108, ch. VII, § 701(c), July 24, 1959, 73 Stat. 257; Pub. L. 97–241, title III, § 304(f), Aug. 24, 1982, 96 Stat. 293.) Editorial Notes REFERENCES IN TEXT Section 1933 of this title, referred to in subsecs. (a), (c), (e), and (g), was repealed by Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460. See section 2351 of this title. Section 1509 of this title, referred to in subsecs. (b) and (g), was repealed by act Aug. 26, 1954, ch. 937, title V, § 542(a)(4), (6), (9), (10), (11), 68 Stat. 861. See section 1754 et seq. of this title. Section 1476(a) of this title, referred to in subsec. (h)(4), was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(1), Oct. 21, 1998, 112 Stat. 2681–790. AMENDMENTS 1982—Subsec. (h)(4). Pub. L. 97–241, § 304(f), added par. (4). 1959—Subsec. (a). Pub. L. 86–108 provided that the pur- pose of making informational media guaranties shall be the achievement of the foreign policy objectives of the United States, including the objective mentioned in former sections 1933(b)(4)(A) and 1933(b)(4)(G) of this title, now covered by section 2351 of this title. 1958—Subsec. (h). Pub. L. 85–477 added subsec. (h). 1956—Subsec. (a). Act Aug. 26, 1954, § 544(g), as added by act July 18, 1956, designated as subsec. (a) the entire former section and amended it to eliminate provisions which permitted the Director to make guaranties against funds made available by notes issued pursuant to section 1509(c)(2) of this title and which limited the amount of such guaranties in any fiscal year to not more than $10,000,000. Such provisions were covered by subsecs. (b) to (g) of this section. Subsecs. (b) to (g). Act Aug. 26, 1954, § 544(g), as added by act July 18, 1956, added subsecs (b) to (g). Statutory Notes and Related Subsidiaries REPEALS Section 544(a), (g) of act Aug. 26, 1954, cited as a cred- it to this section, was repealed by section 11(b)(1) of Pub. L. 85–141, except in so far as section 544(a), (g) af- fected this section. 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. § 1442a. National security measures (a) Restriction In coordination with other appropriate execu- tive 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 chapter; (2) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of missiles or weap- ons of mass destruction is a participant in any program of educational or cultural exchange under this chapter 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 de- fined by section 3003(4) of title 50) 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 bio- logical weapons for offensive purposes is a par- ticipant in any program of educational or cul- tural exchange under this chapter. (b) Definitions (1) The term ‘‘appropriate executive branch of- ficials’’ 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 1801(b)(1)(B) and (b)(2) of title 50, and does not include any person who acts in the capacity de- fined under section 1801(b)(1)(A) of title 50. (Jan. 27, 1948, ch. 36, title X, § 1012, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 403], Nov. 29, 1999, 113 Stat. 1536, 1501A–446.) Editorial Notes REFERENCES IN TEXT Section 101 of the Intelligence Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(1), is section 101 of Pub. L. 105–272, title I, Oct. 20, 1998, 112 Stat. 2397, which is not classified to the Code. SUBCHAPTER II—INTERCHANGE OF PER- SONS, KNOWLEDGE, AND SKILLS BE- TWEEN UNITED STATES AND FOREIGN COUNTRIES § 1446. Repealed. Pub. L. 87–256, § 111(a)(2), Sept. 21, 1961, 75 Stat. 538 Section, acts Jan. 27, 1948, ch. 36, title II, § 201, 62 Stat. 7; June 27, 1952, ch. 477, title IV, § 402(f), 66 Stat. 276; June 4, 1956, ch. 356, 70 Stat. 241, authorized the interchange of persons on a reciprocal basis between the United States and other countries, provided for ori- entation courses, admission as nonimmigrant visitors, deportation, and eligibility requirements for reentry under changed status. See section 2451 et seq. of this title. Statutory Notes and Related Subsidiaries CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREE- MENTS, DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER ACTIONS Continuation in full force and effect, and applica- bility to the appropriate provisions of the Mutual Edu- cational and Cultural Exchange Act of 1961, set out as section 2451 et seq. of this title, until modified or super- seded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, ap- pointments, and other actions issued, concluded, or taken under authority of this section, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of this title. § 1447. Books and materials The Secretary is authorized to provide for interchanges between the United States and other countries of books and periodicals, includ-