§ 2454. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2454]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33--MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
Sec. 2454. Administration
(a) Delegation of powers; submission of proposal for delegation to
Congress
The President may delegate, to such officers of the Government as he
determines to be appropriate, any of the powers conferred upon him by
this chapter to the extent that he finds such delegation to be in the
interest of the purposes expressed in this chapter and the efficient
administration of the programs undertaken pursuant to this chapter:
Provided, That where the President has delegated any of such powers to
any officer, before the President implements any proposal for the
delegation of any of such powers to another officer, that proposal shall
be submitted to the Speaker of the House of Representatives and to the
Committee on Foreign Relations of the Senate, and thereafter a period of
not less than sixty days shall have elapsed while Congress is in
session. In computing such sixty days, there shall be excluded the days
on which either House is not in session because of an adjournment of
more than three days.
(b) Employment of personnel
The President is authorized to employ such other personnel as he
deems necessary to carry out the provisions and purposes of this
chapter, and of such personnel not to exceed ten may be compensated
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, but not in excess of the highest rate of grade 18
of the General Schedule. Such positions shall be in addition to the
number authorized by section 5108 of title 5.
(c) Repealed. Pub. L. 96-465, title II, Sec. 2205(7), Oct. 17, 1980, 94
Stat. 2160
(d) Extension of benefits
For the purpose of performing functions under this chapter outside
the United States, the Director of the United States Information Agency
is authorized to provide that any person employed or assigned by a
United States Government agency shall be entitled, except to the extent
that the Director of the United States Information Agency may specify
otherwise in cases in which the period of employment or assignment
exceeds thirty months, to the same benefits as are provided by section
3950 of this title for individuals appointed to the Foreign Service.
(e) Grants; use of funds, counseling service; publicity and promotion
abroad
(1) In providing for the activities and interchanges authorized by
section 2452 of this title, grants may be made to or for individuals,
either directly or through foundations or educational or other
institutions, which foundations or institutions are public or private
nonprofit, and may include funds for tuition and other necessary
incidental expenses, for travel expenses from their places of residence
and return for themselves, and, whenever it would further the purposes
of this chapter, for the dependent members of their immediate families,
for health and accident insurance premiums, emergency medical expenses,
costs of preparing and transporting to their former homes the remains of
any of such persons who may die while away from their homes as
participants or dependents of participants in any program under this
chapter, and for per diem in lieu of subsistence at rates prescribed by
the Director of the United States Information Agency, for all such
persons, and for such other expenses as are necessary for the successful
accomplishment of the purposes of this chapter.
(2) Funds available for programs under this chapter may be used (i)
to provide for orientation courses, language training, or other
appropriate services and materials for persons traveling out of the
countries of their residence for educational and cultural purposes which
further the purposes of this chapter, whether or not they are receiving
other financial support from the Government, and (ii) to provide or
continue services to increase the effectiveness of such programs
following the return of such persons to the countries of their
residence.
(3) For the purpose of assisting foreign students in making the best
use of their opportunities while attending colleges and universities in
the United States, and assisting such students in directing their
talents and initiative into channels which will make them more effective
leaders upon return to their native lands, the Director of the United
States Information Agency may make suitable arrangements, by contract or
otherwise, for the establishment and maintenance at colleges and
universities in the United States attended by foreign students of an
adequate counseling service.
(4) The Director of the United States Information Agency is
authorized to provide for publicity and promotion (including
representation) abroad of activities of the type provided for in this
chapter, and of similar services and opportunities for interchange not
supported by the United States Government.
(f) Repealed. Pub. L. 96-60, title II, Sec. 203(a)(1), Aug. 15, 1979, 93
Stat. 398
(g) Currency exchange for foreign students and teachers coming
temporarily to the United States
(1) For the purpose of performing functions authorized by section
2452(b)(10) of this title, the President is authorized to establish the
exchange rates at which all foreign currencies may be acquired through
operations under such section, and shall issue regulations binding upon
all embassies with respect to the exchange rates to be applicable in
each of the respective countries where currency exchanges are authorized
under such section.
(2) In performing the functions authorized under section 2452(b)(10)
of this title, the President shall make suitable arrangements for
protecting the interests of the United States Government in connection
with the ownership, use, and disposition of all foreign currencies
acquired pursuant to exchanges made under such section.
(3) The total amount of United States dollars acquired by any
individual through currency exchanges under the authority of section
2452(b)(10) of this title shall in no event exceed $3,000 during any
academic year.
(4) An individual shall be eligible to exchange foreign currency for
United States dollars at United States embassies under section
2452(b)(10) of this title only if he gives satisfactory assurances that
(A) he will devote essentially full time to his proposed educational
activity in the United States and will maintain good standing in
relation to such program; (B) he will return to the country of his
citizenship or nationality prior to coming to the United States and will
render such public service as is determined acceptable for a period of
time determined reasonable and necessary by the government of such
country; and (C) he will not apply for an immigrant visa or for
permanent residence or for a nonimmigrant visa under the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] after having received any
benefits under such section for a period of time equal to the period of
study, research, instruction, or other educational activity he performed
pursuant to such section.
(5) As used in section 2452(b)(10) of this title, the term ``excess
foreign currencies'' means foreign currencies, which if acquired by the
United States (A) would be in excess of the normal requirements of
departments, agencies, and embassies of the United States for such
currencies, as determined by the President, and (B) would be available
for the use of the United States Government under applicable agreements
with the foreign country concerned.
(Pub. L. 87-256, Sec. 104, Sept. 21, 1961, 75 Stat. 529; Pub. L. 87-793,
Sec. 1001(j), Oct. 11, 1962, 76 Stat. 865; Pub. L. 89-698, title II,
Sec. 203(b), Oct. 29, 1966, 80 Stat. 1071; 1977 Reorg. Plan No. 2,
Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 95-426, title II,
Sec. 204(a), Oct. 7, 1978, 92 Stat. 973; Pub. L. 96-60, title II,
Sec. 203(a)(1), Aug. 15, 1979, 93 Stat. 398; Pub. L. 96-465, title II,
Secs. 2205(7), 2206(a)(9), Oct. 17, 1980, 94 Stat. 2160, 2162; Pub. L.
97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L.
103-236, title II, Sec. 231, Apr. 30, 1994, 108 Stat. 424.)
References in Text
This chapter, referred to in subsecs. (a), (b), (d), (e)(1), (2),
(4), was in the original ``this Act'', meaning Pub. L. 87-256, Sept. 21,
1961, 75 Stat. 527, as amended, known as the Mutual Educational and
Cultural Exchange Act of 1961. For complete classification of this Act
to the Code, see Short Title note set out under section 2451 of this
title and Tables.
The Immigration and Nationality Act, referred to in subsec. (g)(4),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8,
Aliens and Nationality. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of Title 8 and
Tables.
Codification
In subsec. (b), ``chapter 51 and subchapter III of chapter 53 of
title 5'' and ``section 5108 of title 5'' substituted for ``the
Classification Act of 1949, as amended'' and ``section 505 of the
Classification Act of 1949, as amended'', respectively, on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
In the original, section 1105 of title 5 read section 505 of the
Classification Act of 1949, as amended.
Amendments
1994--Subsec. (e)(4). Pub. L. 103-236 inserted before period at end
``, and of similar services and opportunities for interchange not
supported by the United States Government''.
1980--Subsec. (c). Pub. L. 96-465, Sec. 2205(7), struck out subsec.
(c) which related to employment or assignment of persons in or to
Foreign Service Reserve or Foreign Service Staff and alien clerks and
employees.
Subsec. (d). Pub. L. 96-465, Sec. 2206(a)(9), among other changes,
substituted reference to section 3950 of this title for reference to
section 928 of this title and struck out provisions relating to the
applicability of section 807 of this title.
1979--Subsec. (f). Pub. L. 96-60 struck out subsec. (f) relating to
investigation-of-employees requirement.
1978--Subsec. (e)(1). Pub. L. 95-426 substituted ``Director of the
International Communication Agency'' for ``President''.
1966--Subsec. (g). Pub. L. 89-698 added subsec. (g).
1962--Subsec. (b). Pub. L. 87-793 substituted ``but not in excess of
the highest rate of grade 18 of the General Schedule for ``and of these
not to exceed five may be compensated at a rate in excess of the highest
rate provided for grades of the general schedule established by the
Classification Act of 1949, as amended, but not in excess of $1,000 per
annum more than such highest rate''.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209
of Pub. L. 96-60, set out as a note under section 1471 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of Pub.
L. 87-793.
Transfer of Functions
United States Information Agency (other than Broadcasting Board of
Governors and International Broadcasting Bureau) abolished and functions
transferred to Secretary of State, see sections 6531 and 6532 of this
title. ``Director of the United States Information Agency'' substituted
for ``Director of the International Communication Agency'' in subsecs.
(d) and (e)(1), (3), and (4), pursuant to section 303(b) of Pub. L. 97-
241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under
section 1461 of this title. Previously, ``Director of the International
Communication Agency'' substituted for ``Secretary of State'' in subsec.
(c) and for ``President'' in subsecs. (d), (e)(3), (4), pursuant to
Reorg. Plan No. 2 of 1977, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637,
set out under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, which transferred
functions vested in President, Secretary of State, Department of State,
United States Information Agency or Director thereof, under this
chapter, to Director of International Communication Agency, except (A)
for such functions as are vested by subsecs. (a), (e)(1), (2), (f), (g)
of this section, sections 2452(b)(6), (10), 2455(a), (b), (c), 2456(a)
and 2458 of this title, (B) for such functions as are vested by subsec.
(b) of this section and sections 2455(d)(2), (f), and 2456(d), (f) of
this title, to the extent that such functions were assigned to Secretary
of Health, Education, and Welfare [now Secretary of Education]
immediately prior to effective date of Reorg. Plan No. 2 of 1977, and
(C) for such functions as are vested by section 2456(b), (c) of this
title to the extent that any such function therein is vested in
President or Secretary of State.
For transfer of functions and offices (relating to education) of
Secretary and Department of Health, Education, and Welfare to Secretary
and Department of Education, and termination of certain offices and
positions under Ex. Ord. No. 11034, June 25, 1962, as amended, set out
under this section, see sections 3441 and 3503 of Title 20, Education.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Ex. Ord. No. 11034. Administration of Programs
Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, as amended by Ex.
Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12292, Feb.
23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By virtue of the authority vested in me by the Mutual Educational
and Cultural Exchange Act of 1961 (Public Law 87-256; 75 Stat. 527;
hereinafter referred to as the Act) [this chapter] and as President of
the United States, I find that the delegations set forth in this order
are in the interest of the purposes expressed in the said Act and the
efficient administration of the programs undertaken pursuant to that Act
and determine that the delegates specified in the order are appropriate
and I hereby order as follows:
Section 1. Department of State. (a) The following functions
conferred upon the President by the Act are hereby delegated to the
Secretary of State:
(1) The functions so conferred by Sections 102(a)(1), 102(a)(2)(i),
(ii), and (iv), 102(b)(3), (5) and (9), 103, 104(e)(3), and 105(d)(1)
and (e) of the Act [sections 2452(a)(1), (2)(i), (ii), (iv), (b)(3),
(5), (9), 2453, subsec. (e)(3) of this section, and 2455(d)(1), (e) of
this title].
(2) The functions so conferred by Sections 102(a)(2)(iii) and
(b)(1), (2), (4), (7) and (8) of the Act (the provisions of Section 2(a)
of this order notwithstanding) [section 2452(a)(2)(iii), (b)(1), (2),
(4), (7), (8) of this title].
(3) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they pertain to
liquidation of affairs respecting the Universal and International
Exhibition of Brussels, 1958.
(4) The functions so conferred by Sections 104(d) and (e)(4) and
108(c) and (d) of the Act [subsecs. (d), (e)(4) of this section and
section 2458(c), (d) of this title] to the extent that they pertain to
the functions delegated by the foregoing provisions of this section.
(5) The function so conferred by Section 104(e)(1) of the Act
[subsec. (e)(1) of this section] of prescribing rates for per diem in
lieu of subsistence; but in carrying out the said function as it relates
to functions herein delegated to the Director of the United States
Information Agency or the Secretary of Education, the Secretary of State
shall consult with them.
(b) The Secretary of State, in collaboration with the Director of
the United States Information Agency, the Secretary of Commerce, and the
Secretary of Education with respect to the functions delegated by
Sections 2, 3, and 4, respectively, of this order, shall prepare and
transmit to the President the reports which the President is required to
submit to the Congress by Section 108(b) of the Act [section 2458(b) of
this title], excluding, however, the reports for which the Director of
the United States Information Agency is responsible under section 2(b)
of this order.
(c) With respect to the carrying out of functions under Section
102(a)(2)(ii) of the Act [section 2452(a)(2)(ii) of this title]
hereinabove delegated to the Secretary of State, the Director of the
United States Information Agency shall participate in the planning of
cultural and other attractions. Such participation shall include
consultation in connection with (1) the selection and scheduling of such
attractions, and (2) the designation of the areas where the attractions
will be presented.
Sec. 2. United States Information Agency. (a) Subject to the
provisions of Section 6 of this order, the following functions conferred
upon the President by the Act are hereby delegated to the Director of
the United States Information Agency:
(1) The functions so conferred by Sections 102(a)(2)(iii) and (b)(1)
[section 2452(a)(2)(iii), (b)(1) of this title]; Section 102(b)(2)
[section 2452(b)(2) of this title] to the extent that it authorizes the
type of centers now supported by the United States Information Agency
abroad and designated as binational, community, or student centers;
section 102(b)(4) [section 2452(b)(4) of this title] exclusive of
professorships and lectureships; and Sections 102(b)(7) and (8) of the
Act [section 2452(b)(7), (8) of this title]; all of the foregoing
notwithstanding the provisions of Section 1(a)(2) of this order.
(2) The functions so conferred by Section 104(e)(4) of the Act
[subsec. (e)(4) of this section] (the provisions of Sections 1(a)(4) and
3(b) of this order notwithstanding).
(3) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of the
United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(4) The functions so conferred by Sections 104(d) and 108(c) and (d)
of the Act [subsec. (d) of this section and section 2458(c), (d) of this
title] to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the President is
required to submit to the Congress by section 108(b) of the Act [section
2458(b) of this title] to the extent that they are with respect to
activities carried out by the United States Information Agency pursuant
to section 102(a)(2)(iii) and section 102(a)(3) of the Act [section
2452(a)(2)(iii) and (a)(3) of this title].
(c) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of the
United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(d) The functions so conferred by Sections 104(d) and 108(c) and (d)
of the Act [subsec. (d) of this section and section 2458(c), (d) of this
title] to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
Sec. 3. Department of Commerce. Subject to the provisions of Section
6 of this order, the following functions conferred upon the President by
the Act are hereby delegated to the Secretary of Commerce:
(a) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held in the United
States.
(b) The functions so conferred by Sections 104(e)(4) and 108(c) of
the act [subsec. (e)(4) of this section and section 2458(c) of this
title] to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
Sec. 4 Department of Education. Subject to the provisions of Section
6 of this order, the functions conferred upon the President by Section
102(b)(6) of the Act [section 2452(b)(6) of this title] are hereby
delegated to the Secretary of Education.
Sec. 5. Certain incidental matters. (a) In respect of functions
hereinabove delegated to them, there is hereby delegated to the
Secretary of State, the Director of the United States Information
Agency, the Secretary of Commerce, and the Secretary of Education,
respectively:
(1) The authority conferred upon the President by Sections 105(d)(2)
and (f) and 106(d) and (f) of the Act [sections 2455(d)(2), (f) and
2456(d), (f) of this title].
(2) Subject to the provisions of Section 5(b) and (c) of this order,
the authority conferred upon the President by Section 104(b) of the Act
[subsec. (b) of this section] to employ personnel.
(b) The employment, by any department or other executive agency
under Section 5(a)(2) of this order, of any of the not to exceed ten
persons who may be compensated with regard to the Classification Act of
1949 [chapter 51 and subchapter III of chapter 53 of Title 5, Government
Organization and Employees] under Section 104(b) of the Act [subsec. (b)
of this section] shall require prior authorization by the Secretary of
State concurred in by the Director of the Office of Management and
Budget.
(c) Persons employed or assigned by a department or other executive
agency for the purpose of performing functions under the Act outside the
United States shall be entitled, except in cases in which the period of
employment or assignment exceeds thirty months, to the same benefits as
are provided by section 310 of the Foreign Service Act of 1980 (22
U.S.C. 3950). In cases in which the period of employment or assignment
exceeds thirty months, persons so employed or assigned shall be entitled
to such benefits if agreed by the agency in which such benefits may be
exercised.
(d) Pursuant to Section 104(f) of the Act [subsec. (f) of this
section], Executive Order No. 10450 of April 27, 1953 (18 F.R. 2489)
[set out as a note under section 7311 of Title 5, Government
Organization and Employees] is hereby established as the standards and
procedures for the employment or assignment to duties of persons under
the Act.
(e) Any officer to whom functions vested in the President by the Act
are hereinabove delegated may (1) allocate to any other officer of the
executive branch of the Government any funds appropriated or otherwise
made available for the functions so delegated to him as he may deem
appropriate for the best carrying out of the functions and (2) make
available, for use in connection with any funds so allocated by him, any
authority he has under this order.
Sec. 6. Policy guidance. In order to assure appropriate coordination
of programs, and taking into account the statutory functions of the
departments and other executive agencies concerned, the Secretary of
State shall exercise primary responsibility for Government-wide
leadership and policy guidance with regard to international educational
and cultural affairs.
Sec. 7. Functions reserved to the President. (a) There are hereby
excluded from the functions delegated by the provisions of this order
the functions conferred upon the President with respect to (1) the
delegation of powers under Section 104(a) of the Act [subsec. (a) of
this section], (2) the establishment of standards and procedures for the
investigation of personnel under Section 104(f) of the Act [subsec. (f)
of this section], (3) the transfer of appropriations under Section
105(c) of the Act [section 2455(c) of this title], (4) the appointment
of members of the Board of Foreign Scholarships under Section 106(a)(1)
of the Act [section 2456(a)(1) of this title], (5) the appointment of
members, the designation of a chairman, and the receipt of
recommendations of the United States Advisory Commission on
International Educational and Cultural Affairs under Section 106(b) of
the Act [section 2456(b) of this title], (6) the waiver of provisions of
law or limitations of authority under Section 108(a) of the Act [section
2458(a) of this title], and (7) the submission of annual reports to the
Congress under Section 108(b) of the Act [section 2458(b) of this
title].
(b) Notwithstanding the delegations made by this order, the
President may in his discretion exercise any function comprehended by
such delegations.
Sec. 8. Waivers. (a) It is hereby determined that the performance by
any department or other executive agency of functions authorized by
Sections 102(a)(2) and 102(a)(3) of the Act (22 U.S.C. 2452(a)(2) and
(3)) without regard to prohibitions and limitations of authority
contained in the following-specified provisions of law is in furtherance
of the purposes of the Act:
(1) Section 15 of the Administrative Expenses Act of 1946 (c. 744,
August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a) [section
3109(b) of Title 5, Government Organization and Employees] (experts and
consultants; but the compensation paid individuals in pursuance of this
paragraph shall not exceed the rate of $100.00 per diem.
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c.
744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) [section 1343, 1344, and
1349(b) of Title 31, Money and Finance] to the extent that it pertains
to hiring automobiles and aircraft.
(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
[section 3324(a) and (b) of Title 31] (advance of funds).
(4) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412
([former] 40 U.S.C. 278a) (maximum charges).
(5) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids).
(6) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids).
(7) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520 (41
U.S.C. 10a) (Buy American Act).
(8) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year).
(9) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances).
(10) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat. 622,
and the second proviso of Section 11 of the Act of March 1, 1919, c. 86,
40 Stat. 1270, as amended (44 U.S.C. 111) [section 501 of Title 44,
Public Printing and Documents] to the extent that they pertain to
printing by the Government Printing Office.
(11) Section 1 of the Act of June 20, 1978, c. 359, 20 Stat. 216, as
amended (44 U.S.C. 322) [section 3703 of Title 44] (advertising).
(12) Section 3828 of the Revised Statutes (44 U.S.C. 324) [section
3702 of Title 44] (advertising).
(13) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936,
c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a)) (official travel
overseas of United States officers and employees, and transportation of
their personal effects, on ships registered under the laws of the United
States).
(14) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit construction
of buildings by the United States on property not owned by it.
(15) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit (i) receipt of
admission fees or payments under contracts through advances or
otherwise, for concessions, services, space, or other consideration, and
the credit of such receipts to the applicable appropriation, and (ii)
rental or lease for periods not exceeding ten years of buildings and
grounds.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the administrative
agencies concerned to insure that result, including, as may be
appropriate, the imposition of administrative limitations in lieu of
waived statutory requirements and limitations of authority.
Sec. 9. Definition. As used in this order, the word ``function'' or
``functions'' includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 10. References to orders and acts. Except as may for any reason
be inappropriate:
(a) References in this order to the Act or any provision of the Act
shall be deemed to include references thereto as amended from time to
time.
(b) References in this order to any prior Executive order not
superseded by this order shall be deemed to include references thereto
as amended from time to time.
(c) References in this order to this order shall be deemed to
include references thereto as amended from time to time.
Sec. 11. Prior directives and actions. (a) This order supersedes
Executive Order No. 10716 of June 17, 1957, and Executive Order No.
10912 of January 18, 1961. Except to the extent that they may be
inconsistent with law or with this order, other directives, regulations,
and actions relating to the functions delegated by this order and in
force immediately prior to the issuance of this order shall remain in
effect until amended, modified, or revoked by appropriate authority.
(b) This order shall neither limit nor be limited by Executive Order
No. 11014 of April 17, 1962 [formerly set out under this section].
(c) To the extent not heretofore superseded, there are hereby
superseded the provisions of the letters of the President to the
Director of the United States Information Agency dated August 16, 1955,
and August 21, 1956 (22 F.R. 101-103).
Sec. 12. Effective date. The provisions of this order shall be
effective immediately.
[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 sections
6531, 6532, and 6551 of this title.]
Ex. Ord. No. 11380. Amending Prior Executive Orders Relating to Mutual
Educational and Cultural Exchange and to Allowances and Benefits for
Government Personnel on Overseas Duty
Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627, provided:
By virtue of the authority vested in me by the Mutual Educational
and Cultural Exchange Act of 1961 (75 Stat. 527; 22 U.S.C. 2451 et seq.)
and section 301 of title 3 of the United States Code, and as President
of the United States, it is ordered as follows:
Part I--Mutual Educational and Cultural Exchange
Section 101. Executive Order No. 11034 of June 25, 1962 [set out as
a note above], is hereby amended as follows:
(1) By changing the period at the end of section 1(b) to a comma and
by inserting after that comma the following: ``excluding, however, the
reports for which the Director of the United States Information Agency
is responsible under section 2(b) of this order.''.
(2) By substituting for the paragraph designations (a), (b), (c),
and (d) in section 2 new paragraph designations (1), (2), (3), and (4),
respectively; by inserting the subsection designation (a) after the
catchline of section 2; and by adding a new subsection (b) of section 2,
reading as follows:
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the President is
required to submit to the Congress by section 108(b) of the Act [section
2458(b) of this title] to the extent that they are with respect to
activities carried out by the United States Information Agency pursuant
to section 102(a)(2)(iii) and section 102(a)(3) of the Act [section
2452(a)(2)(iii) and (a)(3) of this title].
(3) By adding a new paragraph at the end of section 8(a), reading as
follows:
``(15) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit (i) receipt of
admission fees or payments under contracts through advances or
otherwise, for concessions, services, space, or other consideration, and
the credit of such receipts to the applicable appropriation, and (ii)
rental or lease for periods not exceeding ten years of buildings and
grounds.''
(4) By adding a new paragraph at the end of section 10, reading as
follows:
``(c) References in this order to this order shall be deemed to
include references thereto as amended from time to time.''
Sec. 2. It is hereby determined that the performance by any
department or other executive agency of functions authorized by sections
102(a)(2) and 102(a)(3) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2452(a)(2) and (3)) without regard to the
provisions and limitations referred to in section (8)(a)(15) of
Executive Order No. 11034 of June 25, 1962 (to the extent set forth in
the latter section) is in furtherance of the purposes of that Act.
Part II--Approval of Certain Regulations Relating to Living Quarters
Sec. 201. Executive Order No. 10903 of January 9, 1961, as amended
[set out as a note under section 5921 of Title 5, Government
Organization and Employees], is hereby further amended by inserting at
the end of section 1 thereof a new paragraph (g), reading as follows:
``(g) The authority vested in the President by section 5912 of title
5 of the United States Code to approve regulations prescribed by heads
of agencies (under which employees who are citizens of the United States
permanently stationed in foreign countries may be furnished, without
cost to them, living quarters, including heat, fuel, and light, in
government-owned or rented buildings).''
Lyndon B. Johnson.
[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 sections
6531, 6532, and 6551 of this title.]
Ex. Ord. No. 11770. Delegation of Functions Respecting International
Symposium on Geothermal Energy--1975
Ex. Ord. No. 11770, Feb. 21, 1974, 39 F.R. 7127, provided:
By virtue of the authority vested in me by section 104 of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2454;
hereinafter referred to as the act), and section 301 of Title 3 of the
United States Code, and as President of the United States, it is hereby
ordered as follows:
Section 1. The Secretary of the Interior is authorized, with respect
to the International Symposium on Geothermal Energy to be held in San
Francisco, California, in May 1975, to perform the functions conferred
by section 102(b)(5), (7), and (8) of the act [section 2452(b)(5), (7)
and (8) of this title].
Sec. 2. I find that the delegation made by section 1 of this order
is in the interest of the purposes expressed in the act and the
efficient administration of the International Symposium on Geothermal
Energy.
Sec. 3. The delegation made by this order shall become effective
upon the expiration of sixty days while the Congress is in session. In
computing that sixty days, there shall be excluded days on which either
House is not in session because of an adjournment of more than three
days.
Richard Nixon.
Section Referred to in Other Sections
This section is referred to in section 2452 of this title.
