§ 2460. — Bureau of Educational and Cultural Affairs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2460]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33--MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
Sec. 2460. Bureau of Educational and Cultural Affairs
(a) Establishment; responsibilities
In order to carry out the purposes of this chapter, there is
established in the United States Information Agency, or in such
appropriate agency of the United States as the President shall
determine, a Bureau of Educational and Cultural Affairs (hereinafter in
this section referred to as the ``Bureau''). The Bureau shall be
responsible for managing, coordinating, and overseeing programs
established pursuant to this chapter, including but not limited to--
(1) the J. William Fulbright Educational Exchange Program which,
by promoting the exchange of scholars, researchers, students,
trainees, teachers, instructors, and professors, between the United
States and foreign countries, accomplishes the purposes of section
2452(a)(1) of this title;
(2) the Hubert H. Humphrey Fellowship Program which finances (A)
study at American universities and institutions of higher learning,
including study in degree granting programs, and (B) participation
in fellowships, internships, or other programs in American
governmental and nongovernmental institutions for public managers
and other individuals from developing countries;
(3) the International Visitors Program which provides grants for
short-term visits to the United States for foreign nationals who
are, or have the potential to be, leaders in their respective fields
in their own countries;
(4) the American Cultural Centers and Libraries which make
available at selected foreign locations, books, films, sound
recordings, and other materials about the United States, its people
and culture, and about other topics;
(5) the American Overseas Schools Program which provides
financial assistance to the operations of American-sponsored schools
overseas;
(6) the American Studies Program which fosters and supports the
study of the United States, and its people and culture, in foreign
countries;
(7) a program of working with private, not-for-profit groups
through contracts, grants, or cooperative agreements, as authorized
by section 2452 of this title, so as to provide financial assistance
to nongovernmental organizations engaged in implementing and
enhancing exchange-of-persons programs;
(8) the Samantha Smith Memorial Exchange Program which advances
understanding between the United States and the independent states
of the former Soviet Union and between the United States and Eastern
European countries through the exchange of persons under the age of
21 years and of students at an institution of higher education (as
defined in section 1001 of title 20) who have not received their
initial baccalaureate degree or through other programs designed to
promote contact between the young peoples of the United States, the
independent states of the former Soviet Union, and Eastern European
countries; and
(9) the Arts America program which promotes a greater
appreciation and understanding of American art abroad by supporting
exhibitions and tours by American artists in other countries.
(b) Revocation or diminution of grants
(1) All recipients of Fulbright Academic Exchange and Humphrey
Fellowship awards shall have full academic and artistic freedom,
including freedom to write, publish, and create. No award granted
pursuant to this chapter may be revoked or diminished on account of the
political views expressed by the recipient or on account of any
scholarly or artistic activity that would be subject to the protections
of academic and artistic freedom normally observed in universities in
the United States. The Board shall ensure that the academic and artistic
freedoms of all persons receiving grants are protected.
(2) The J. William Fulbright Foreign Scholarship Board shall
formulate a policy on revocation of Fulbright grants which shall be made
known to all grantees. Such policy shall fully protect the right to due
process as well as the academic and artistic freedom of all grantees.
(c) Program requirements
The President shall insure that all programs under the authority of
the Bureau shall maintain their nonpolitical character and shall be
balanced and representative of the diversity of American political,
social, and cultural life. The President shall insure that academic and
cultural programs under the authority of the Bureau shall maintain their
scholarly integrity and shall meet the highest standards of academic
excellence or artistic achievement.
(d) Administration of programs
(1) The Bureau shall administer no programs except those operating
under the authority of this chapter and consistent with its purposes.
(2) Notwithstanding paragraph (1), the Bureau may also exercise the
authorities of this chapter to administer programs authorized by, or
funded pursuant to, the FREEDOM Support Act, the Support for East
European Democracy Act [22 U.S.C. 5401 et seq.], the Foreign Assistance
Act of 1961 [22 U.S.C. 2151 et seq.], or any other Act authorizing
educational or cultural exchanges or activities, to the extent that such
programs are consistent with the purposes of this chapter.
(e) Office of Citizen Exchanges
There is established in the Bureau of Educational and Cultural
Affairs an Office of Citizen Exchanges. The Office shall support private
not-for-profit organizations engaged in the exchange of persons between
the United States and other countries.
(f) Coordination of exchange programs; reports
(1) The President shall ensure that all exchange programs conducted
by the United States Government, its departments and agencies, directly
or through agreements with other parties, are reported at a time and in
a format prescribed by the Director. The President shall ensure that
such exchanges are consistent with United States foreign policy and
avoid duplication of effort.
(2) Not later than 90 days after April 30, 1994, and annually
thereafter, the President shall submit to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign Relations
of the Senate a report pursuant to paragraph (1). Such report shall
include information for each exchange program supported by the United
States on the objectives of such exchange, the number of exchange
participants supported, the types of exchange activities conducted, the
total amount of Federal expenditures for such exchanges, and the extent
to which such exchanges are duplicative.
(g) Working Group on United States Government-Sponsored International
Exchanges and Training
(1) In order to carry out the purposes of subsection (f) of this
section and to improve the coordination, efficiency, and effectiveness
of United States Government-sponsored international exchanges and
training, there is established within the Department of State a senior-
level interagency working group to be known as the Working Group on
United States Government-Sponsored International Exchanges and Training
(in this section referred to as the ``Working Group'').
(2) For purposes of this subsection, the term ``Government-sponsored
international exchanges and training'' means the movement of people
between countries to promote the sharing of ideas, to develop skills,
and to foster mutual understanding and cooperation, financed wholly or
in part, directly or indirectly, with United States Government funds.
(3) The Working Group shall be composed as follows:
(A) The Assistant Secretary of State for Educational and
Cultural Affairs, who shall act as Chair.
(B) A senior representative of the Department of Defense, who
shall be designated by the Secretary of Defense.
(C) A senior representative of the Department of Education, who
shall be designated by the Secretary of Education.
(D) A senior representative of the Department of Justice, who
shall be designated by the Attorney General.
(E) A senior representative of the Agency for International
Development, who shall be designated by the Administrator of the
Agency.
(F) Senior representatives of such other departments and
agencies as the Chair determines to be appropriate.
(4) Representatives of the National Security Adviser and the
Director of the Office of Management and Budget may participate in the
Working Group at the discretion of the Adviser and the Director,
respectively.
(5) The Working Group shall be supported by an interagency staff
office established in the Bureau of Educational and Cultural Affairs of
the Department of State.
(6) The Working Group shall have the following purposes and
responsibilities:
(A) To collect, analyze, and report data provided by all United
States Government departments and agencies conducting international
exchanges and training programs.
(B) To promote greater understanding and cooperation among
concerned United States Government departments and agencies of
common issues and challenges in conducting international exchanges
and training programs, including through the establishment of a
clearinghouse for information on international exchange and training
activities in the governmental and nongovernmental sectors.
(C) In order to achieve the most efficient and cost-effective
use of Federal resources, to identify administrative and
programmatic duplication and overlap of activities by the various
United States Government departments and agencies involved in
Government-sponsored international exchange and training programs,
to identify how each Government-sponsored international exchange and
training program promotes United States foreign policy, and to
report thereon.
(D)(i) Not later than 1 year after October 21, 1998, the Working
Group shall develop a coordinated and cost-effective strategy for
all United States Government-sponsored international exchange and
training programs, including an action plan with the objective of
achieving a minimum of 10 percent cost savings through greater
efficiency, the consolidation of programs, or the elimination of
duplication, or any combination thereof.
(ii) Not later than 1 year after October 21, 1998, the Working
Group shall submit a report to the appropriate congressional
committees setting forth the strategy and action plan required by
clause (i).
(iii) Each year thereafter the Working Group shall assess the
strategy and plan required by clause (i).
(E) Not later than 2 years after October 21, 1998, to develop
recommendations on common performance measures for all United States
Government-sponsored international exchange and training programs,
and to issue a report.
(F) To conduct a survey of private sector international exchange
activities and develop strategies for expanding public and private
partnerships in, and leveraging private sector support for, United
States Government-sponsored international exchange and training
activities.
(G) Not later than 6 months after October 21, 1998, to report on
the feasibility and advisability of transferring funds and program
management for the ATLAS or the Mandela Fellows programs, or both,
in South Africa from the Agency for International Development to the
Department of State. The report shall include an assessment of the
capabilities of the South African Fulbright Commission to manage
such programs and the cost effects of consolidating such programs
under one entity.
(7) All reports prepared by the Working Group shall be submitted to
the President, through the Secretary of State, acting through the Under
Secretary of State for Public Diplomacy.
(8) The Working Group shall meet at least on a quarterly basis.
(9) All decisions of the Working Group shall be by majority vote of
the members present and voting.
(10) The members of the Working Group shall serve without additional
compensation for their service on the Working Group. Any expenses
incurred by a member of the Working Group in connection with service on
the Working Group shall be compensated by that member's department or
agency.
(11) With respect to any report issued under paragraph (6), a member
may submit dissenting views to be submitted as part of the report of the
Working Group.
(Pub. L. 87-256, Sec. 112, as added Pub. L. 98-164, title II, Sec. 213,
Nov. 22, 1983, 97 Stat. 1034; amended Pub. L. 100-204, title III,
Secs. 302(a), 303, Dec. 22, 1987, 101 Stat. 1378, 1379; Pub. L. 101-246,
title II, Secs. 204(a)(2), 222(a), 223, Feb. 16, 1990, 104 Stat. 50, 55,
56; Pub. L. 103-199, title III, Sec. 301(1), Dec. 17, 1993, 107 Stat.
2322; Pub. L. 103-236, title II, Sec. 229(a), Apr. 30, 1994, 108 Stat.
423; Pub. L. 105-244, title I, Sec. 102(a)(7)(B), Oct. 7, 1998, 112
Stat. 1619; Pub. L. 105-277, div. G, subdiv. B, title XXIV, Sec. 2414,
Oct. 21, 1998, 112 Stat. 2681-832; Pub. L. 107-228, div. A, title II,
Secs. 221, 229, Sept. 30, 2002, 116 Stat. 1367, 1371.)
References in Text
This chapter, referred to in subsecs. (a), (b)(1), and (d), 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 FREEDOM Support Act, referred to in subsec. (d)(2), is Pub. L.
102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known as the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992. For complete classification of this Act to the
Code, see Short Title note set out under section 5801 of this title and
Tables.
The Support for East European Democracy Act, referred to in subsec.
(d)(2), probably means the Support for East European Democracy (SEED)
Act of 1989, Pub. L. 101-179, Nov. 28, 1989, 103 Stat. 1298, as amended,
which is classified principally to chapter 63 (Sec. 5401 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 5401 of this title and Tables.
The Foreign Assistance Act of 1961, referred to in subsec. (d)(2),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 (Sec. 2151 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
Amendments
2002--Subsec. (d). Pub. L. 107-228, Sec. 221, designated existing
provisions as par. (1) and added par. (2).
Subsec. (g)(1). Pub. L. 107-228, Sec. 229(1), substituted
``Department of State'' for ``United States Information Agency''.
Subsec. (g)(3)(A). Pub. L. 107-228, Sec. 229(2)(A), substituted
``Assistant Secretary of State for Educational and Cultural Affairs''
for ``Associate Director for Educational and Cultural Affairs of the
United States Information Agency''.
Subsec. (g)(3)(B) to (G). Pub. L. 107-228, Sec. 229(2)(B), (C),
redesignated subpars. (C) to (G) as (B) to (F), respectively, and struck
out former subpar. (B) which read as follows: ``A senior representative
of the Department of State, who shall be designated by the Secretary of
State.''
Subsec. (g)(5). Pub. L. 107-228, Sec. 229(3), substituted
``Department of State'' for ``United States Information Agency''.
Subsec. (g)(6)(G). Pub. L. 107-228, Sec. 229(4), substituted
``Department of State'' for ``United States Information Agency''.
Subsec. (g)(7). Pub. L. 107-228, Sec. 229(5), substituted
``Secretary of State, acting through the Under Secretary of State for
Public Diplomacy'' for ``Director of the United States Information
Agency''.
1998--Subsec. (a)(8). Pub. L. 105-244 substituted ``section 1001''
for ``section 1141(a)''.
Subsec. (g). Pub. L. 105-277 added subsec. (g).
1994--Subsec. (f). Pub. L. 103-236 added subsec. (f).
1993--Subsec. (a)(8). Pub. L. 103-199 substituted ``independent
states of the former Soviet Union'' for ``Soviet Union'' in two places.
1990--Subsec. (a)(8). Pub. L. 101-246, Sec. 223, inserted ``or
through other programs designed to promote contact between the young
peoples of the United States, the Soviet Union, and Eastern European
countries'' after ``degree''.
Subsecs. (b) to (d). Pub. L. 101-246, Sec. 204(a)(2), added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
Subsec. (e). Pub. L. 101-246, Sec. 222(a), added subsec. (e).
1987--Subsec. (a)(8), (9). Pub. L. 100-204 added pars. (8) and (9).
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of Title 20, Education.
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.
Section 222(b) of Pub. L. 101-246 provided that: ``There are hereby
transferred to the Office of Citizen Exchanges on the date of enactment
of this Act [Feb. 16, 1990] all functions carried out by the Office of
Private Sector Programs on the day before such date.''
Private Sector Program; Restrictions on Funds for Foreign Travel;
Waiver; Reports
Section 207 of Pub. L. 98-164, as amended by Pub. L. 103-236, title
I, Sec. 139(11), Apr. 30, 1994, 108 Stat. 398, provided that:
``(a) No funds authorized to be appropriated for the Private Sector
Program shall be used to pay for foreign travel by any United States
citizen who, in the five years preceding the date of the proposed
foreign travel, made two or more trips financed in whole or in
substantial part by grants from the Private Sector Program. This
limitation shall not apply to escort interpreters accompanying
delegations, to artists accompanying exhibitions, to persons engaging in
theatrical or musical performances, or to the full-time staff of the
grantee organization. In addition, the Director of the Bureau of
Educational and Cultural Affairs may waive this limitation in
exceptional cases if he determines that foreign travel is essential to
the successful completion of the grant program and so certifies in
writing to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate at least fifteen
days prior to the commencement of the proposed foreign travel.
``[(b) Repealed. Pub. L. 103-236, title I, Sec. 139(11), Apr. 30,
1994, 108 Stat. 398.]''
Ex. Ord. No. 13055. Coordination of United States Government
International Exchanges and Training Programs
Ex. Ord. No. 13055, July 15, 1997, 62 F.R. 39099, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to improve the
coordination of United States Government International Exchanges and
Training Programs, it is hereby ordered as follows:
Section 1. There is hereby established within the United States
Information Agency a senior-level Interagency Working Group on United
States Government-Sponsored International Exchanges and Training (``the
Working Group''). The purpose of the Working Group is to recommend to
the President measures for improving the coordination, efficiency, and
effectiveness of United States Government-sponsored international
exchanges and training. The Working Group shall establish a
clearinghouse to improve data collection and analysis of international
exchanges and training.
Sec. 2. The term ``Government-sponsored international exchanges and
training'' shall mean the movement of people between countries to
promote the sharing of ideas, to develop skills, and to foster mutual
understanding and cooperation, financed wholly or in part, directly or
indirectly, with United States Government funds.
Sec. 3. The Working Group shall consist of the Associate Director
for Educational and Cultural Affairs of the United States Information
Agency, who shall act as Chair, and a comparable senior representative
appointed by the respective Secretary of each of the Departments of
State, Defense, Education, and the Attorney General, by the
Administrator of the United States Agency for International Development,
and by heads of other interested executive departments and agencies. In
addition, representatives of the National Security Council and the
Director of the Office of Management and Budget shall participate in the
Working Group at their discretion. The Working Group shall be supported
by an interagency staff office established in the Bureau of Education
and Cultural Affairs of the United States Information Agency.
Sec. 4. The Working Group shall have the following responsibilities:
(a) Collect, analyze, and report data provided by all United States
Government departments and agencies conducting international exchanges
and training programs;
(b) Promote greater understanding of and cooperation on, among
concerned United States Government departments and agencies, common
issues and challenges faced in conducting international exchanges and
training programs, including through the establishment of a
clearinghouse for information on international exchange and training
activities in the governmental and nongovernmental sectors;
(c) In order to achieve the most efficient and cost-effective use of
Federal resources, identify administrative and programmatic duplication
and overlap of activities by the various United States Government
agencies involved in Government-sponsored international exchange and
training programs, and report thereon;
(d) No later than 1 year from the date of this order, develop
initially and thereafter assess annually a coordinated strategy for all
United States Government-sponsored international exchange and training
programs, and issue a report on such strategy;
(e) No later than 2 years from the date of this order, develop
recommendations on performance measures for all United States
Government-sponsored international exchange and training programs, and
issue a report thereon; and
(f) Develop strategies for expanding public and private partnerships
in, and leveraging private sector support for, United States Government-
sponsored international exchange and training activities.
Sec. 5. All reports prepared by the Working Group pursuant to
section 4 shall be made to the President, through the Director of the
United States Information Agency.
Sec. 6. The Working Group shall meet on at least a quarterly basis.
Sec. 7. Any expenses incurred by a member of the Working Group in
connection with such member's service on the Working Group shall be
borne by the member's respective department or agency.
Sec. 8. If any member of the Working Group disagrees with respect to
any matter in any report prepared pursuant to section 4, such member may
prepare a statement setting forth the reasons for such disagreement and
such statement shall be appended to, and considered a part of, the
report.
Sec. 9. Nothing in this Executive order is intended to alter the
authorities and responsibilities of the head of any department or
agency.
William J. Clinton.
[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.]
Definitions
In subsec. (a)(8), independent states of the former Soviet Union has
the meaning given in section 5801 of this title, see section 3 of Pub.
L. 103-199, set out as a note under section 5801 of this title.
Section Referred to in Other Sections
This section is referred to in section 4704 of this title.
