22 U.S.C. § 2452a — Exchange program with countries in

Page 963 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2452a div. A, title II, § 227, Sept. 30, 2002, 116 Stat. 1369; Pub. L. 113–235, div. J, title VII, § 7085, Dec. 16, 2014, 128 Stat. 2685, known as the Vietnam Education Foundation Act of 2000, established the Vietnam Education Foundation to provide fellowships to Vietnamese nationals to study the sciences, mathematics, medicine, and technology in the United States and to United States citizens to teach those subjects in Vietnam. Pub. L. 104–319, title I, § 103, Oct. 19, 1996, 110 Stat. 3865, as amended by Pub. L. 105–277, div. G, subdiv. B, title XXIV, § 2415, Oct. 21, 1998, 112 Stat. 2681–834; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title IV, § 401], Nov. 29, 1999, 113 Stat. 1536, 1501A–445; Pub. L. 107–228, div. A, title II, § 222, Sept. 30, 2002, 116 Stat. 1367, authorized es- tablishment of educational and cultural exchange pro- grams between United States and people of Tibet and authorized scholarships for Tibetans and Burmese. Pub. L. 103–236, title II, § 235, Apr. 30, 1994, 108 Stat. 425, authorized establishment and maintenance of American studies collections at appropriate foreign university libraries to further the study of the United States. Pub. L. 103–236, title II, § 236, Apr. 30, 1994, 108 Stat. 425, authorized establishment of educational and cul- tural exchange programs between United States and Tibet. Pub. L. 103–236, title II, § 237, Apr. 30, 1994, 108 Stat. 426, established a scholarship program for East Timor- ese students qualified to study in United States. Pub. L. 103–236, title II, § 238, Apr. 30, 1994, 108 Stat. 426, related to establishment and expansion of Cam- bodian scholarship and exchange programs. Pub. L. 103–236, title II, § 239, Apr. 30, 1994, 108 Stat. 426, related to expansion of exchange program alloca- tions to Africa. Pub. L. 103–236, title II, § 240, Apr. 30, 1994, 108 Stat. 426, as amended by Pub. L. 105–244, title I, § 102(a)(7)(A), Oct. 7, 1998, 112 Stat. 1619, established a program to pro- mote academic exchanges in disciplines relevant to en- vironment and sustainable development. Pub. L. 103–236, title II, § 241, Apr. 30, 1994, 108 Stat. 427, authorized scholarships to qualified students from South Pacific nations. Pub. L. 103–236, title II, § 242, Apr. 30, 1994, 108 Stat. 427, provided for international exchange programs in- volving disability related matters. Pub. L. 102–511, title VIII, § 807, Oct. 24, 1992, 106 Stat. 3353, authorized exchange and training programs be- tween United States and independent states of former Soviet Union. Pub. L. 102–138, title II, § 210, Oct. 28, 1991, 105 Stat. 694, authorized grants to Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation to enable foreign visiting students to ob- serve workings and operations of democratic form of government of United States. Pub. L. 102–138, title II, § 214, Oct. 28, 1991, 105 Stat. 696, established Israeli Arab Scholarship Fund within United States Information Agency to finance attend- ance of Israeli Arabs at United States institutions of higher education. Pub. L. 102–138, title II, § 225, Oct. 28, 1991, 105 Stat. 699, authorized establishment of an endowment fund to support an exchange program among secondary school students from United States and former Warsaw Pact countries, prior to repeal, eff. 6 months after Oct. 24, 1992, by Pub. L. 102–511, title VIII, § 807(c), Oct. 24, 1992, 106 Stat. 3354. Pub. L. 102–138, title II, § 226, Oct. 28, 1991, 105 Stat. 699, authorized scholarships for foreign and United States students and scholars awarded by Bureau of Educational and Cultural Affairs of United States In- formation Agency to facilitate study, research, and teaching within United States. Pub. L. 102–138, title II, § 227, Oct. 28, 1991, 105 Stat. 700, as amended by Pub. L. 102–511, title VIII, § 801, Oct. 24, 1992, 106 Stat. 3352; Pub. L. 105–277, div. G, subdiv. B, title XXIV, § 2413, Oct. 21, 1998, 112 Stat. 2681–832, estab- lished Muskie Fellowship Program to award scholar- ships to graduate students from independent states of the former Soviet Union, Lithuania, Latvia, and Esto- nia for study within United States. Pub. L. 102–138, title II, § 228, Oct. 28, 1991, 105 Stat. 702, as amended by Pub. L. 103–236, title II, § 233, Apr. 30, 1994, 108 Stat. 424; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2219(a)(7), Oct. 21, 1998, 112 Stat. 2681–817, authorized assistance to United States graduate and postdoctoral students researching Near and Middle East. Pub. L. 102–138, title II, § 229, Oct. 28, 1991, 105 Stat. 702, authorized scholarships for Vietnamese residents qualified to study in United States. STUDY AND REPORT ON WAYS TO REDUCE THE DRAIN FROM DEVELOPING COUNTRIES OF PROFESSIONAL PER- SONS AND SKILLED SPECIALISTS Pub. L. 89–698, title III, § 301, Oct. 29, 1966, 80 Stat. 1072, authorized Secretary of Health, Education, and Welfare to conduct an investigation to determine num- ber of individuals from developing countries who enter United States annually to further their education and fail to return to their homeland and to report to Presi- dent and to Congress findings and conclusions together with recommendations for any legislation deemed nec- essary to encourage these individuals to return and use their education and training in service of their home- land. 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, as amended, set out as a note under section 2454 of this title. PERFORMANCE OF FUNCTIONS Authorization of performance of functions under sub- sec. (a)(2) and (3) of this section by departments or other executive agencies, see Ex. Ord. No. 11380, § 2, Nov. 8, 1967, 32 F.R. 15627, set out as a note under sec- tion 2454 of this title. EXECUTIVE ORDER NO. 10716 Ex. Ord. No. 10716, June 18, 1957, 22 F.R. 4345, as amended by Ex. Ord. No. 10912, Jan. 19, 1961, 26 F.R. 509, which related to administration of programs under this chapter, was superseded by Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a note under section 2454 of this title. § 2452a. Exchange program with countries in transition from totalitarianism to democracy (a) Authorization of activities; grants or con- tracts for exchanges with foreign countries Pursuant to the Mutual Educational and Cul- tural Exchange Act of 1961 [22 U.S.C. 2451 et seq.] and using the authorities contained therein, the President is authorized, when the President con- siders that it would strengthen international co- operative relations, to provide, by grant, con- tract, or otherwise, for exchanges with countries that are in transition from totalitarianism to democracy, which include, but are not limited to Poland, Hungary, Czechoslovakia, Bulgaria, and Romania— (1) by financing studies, research, instruc- tion, and related activities— (A) of or for American citizens and nation- als in foreign countries; and (B) of or for citizens and nationals of for- eign countries in American private busi- nesses, trade associations, unions, chambers Page 964 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2452b of commerce, and local, State, and Federal Government agencies, located in or outside the United States; and (2) by financing visits and interchanges be- tween the United States and countries in tran- sition from totalitarianism to democracy. The program under this section shall be coordi- nated by the Department of State. (b) Transfer of funds The President is authorized to transfer to the appropriate appropriations account of the De- partment of State such sums as the President shall determine to be necessary out of the travel accounts of the departments and agencies of the United States, except for the Department of State, as the President shall designate. Such transfers shall be subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appro- priations of the Senate. In addition, the Presi- dent is authorized to accept such gifts or cost- sharing arrangements as may be proffered to sustain the program under this section. (Pub. L. 101–610, title VI, § 602, Nov. 16, 1990, 104 Stat. 3186; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(c), Oct. 21, 1998, 112 Stat. 2681–787.) Editorial Notes REFERENCES IN TEXT The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (a), is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of this title and Tables. CODIFICATION Section was enacted as part of the National and Com- munity Service Act of 1990, and not as part of the Mu- tual Educational and Cultural Exchange Act of 1961 which comprises this chapter. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1335(c)(1), sub- stituted ‘‘Department of State’’ for ‘‘United States In- formation Agency’’ before period at end. Subsec. (b). Pub. L. 105–277, § 1335(c)(2), in first sen- tence, substituted ‘‘appropriate appropriations account of the Department of State’’ for ‘‘appropriations ac- count of the United States Information Agency’’ and struck out ‘‘and the United States Information Agen- cy’’ before ‘‘, as the President’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. § 2452b. International expositions (a) Limitation Except as provided in subsection (b) and not- withstanding any other provision of law, the De- partment of State may not obligate or expend any funds appropriated to the Department of State for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of Inter- national Expositions in excess of amounts ex- pressly authorized and appropriated for such purpose. (b) Exceptions (1) In general The Department of State is authorized to utilize its personnel and resources to carry out the responsibilities of the Department for the following: (A) Administrative services, including legal and other advice and contract adminis- tration, under section 2452(a)(3) of this title related to United States participation in international fairs and expositions abroad. Such administrative services may not in- clude capital expenses, operating expenses, or travel or related expenses (other than such expenses as are associated with the pro- vision of administrative services by employ- ees of the Department of State). (B) Activities under section 2455(f) of this title with respect to encouraging foreign governments, international organizations, and private individuals, firms, associations, agencies and other groups to participate in international fairs and expositions and to make contributions to be utilized for United States participation in international fairs and expositions. (C) Encouraging private support of United States pavilions and exhibits at inter- national fairs and expositions, except that no employees of the Department of State may, in their official capacity, solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (2) Statutory construction Nothing in this subsection authorizes the use of funds appropriated to the Department of State to make payments for— (A) contracts, grants, or other agreements with any other party to carry out the activi- ties described in this subsection; or (B) the satisfaction of any legal claim or judgment or the costs of litigation brought against the Department of State arising from activities described in this subsection. (c) Notification No funds made available to the Department of State by any Federal agency to be used for a United States pavilion or other major exhibit at any international exposition or world’s fair reg- istered by the Bureau of International Expo- sitions may be obligated or expended unless the appropriate congressional committees are noti- fied not less than 15 days prior to such obliga- tion or expenditure. (d) Reports The Commissioner General of a United States pavilion or other major exhibit at any inter- national exposition or world’s fair registered by the Bureau of International Expositions shall submit to the Secretary of State and the appro- priate congressional committees a report con- cerning activities relating to such pavilion or exhibit every 180 days while serving as Commis- sioner General and shall submit a final report