2. Mutual Educational and Cultural Exchange Act and Related Materials

Mutual Educational and Cultural Exchange Act of 1961, as amended (Fulbright-Hays Act)

lic Law 87-256 [H.R. 8666], 75 Stat. 527, approved September 21, 1961; › amended by Public Law 87-565 [Foreign Assistance Act of 1962, S. 996], 76 Stat. 255, approved August 1, 1962; Public Law 87-793 [H.R. 27], 76 Stat. 832, approved October 11, 1962; Public Law 89-698 [H.R. 1263], 80 Stat. 1066, approved October 29, 1966; Public Law 94-350 [Forgn Relations Authorization Act, Fiscal Year 1977; S. 3168], 90 Stat. 823, pproved July 12, 1976; Public Law 95-426 [Foreign Relations Authoriza on Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 973, approved Octoer 7, 1978; Public Law 96-60 [ICA Authorization Act, Fiscal Years 1980 nd 1981; H.R. 3363] 93 Stat. 395 at 398, approved August 15, 1979; Public aw 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 at 2160, pproved October 17, 1980; Public Law 96-470 [Congressional Reports limination Act of 1980, H.R. 6686], 94 Stat. 2237 at 2246, approved Octo. er 19, 1980; Public Law 98-164 [Foreign Relations Authorization Act, Fisal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved November 22, 983; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal ears 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 987; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal ears 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; ublic Law 102-54 [Veterans Programs for Housing and Memorial Affairs mendments; H.R. 232], 105 Stat. 267, approved June 13, 1991; Public Law 03–199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 7, 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal ears 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994

ACT To provide for the improvement and strengthening of the international reations of the United States by promoting better mutual understanding among the eoples of the world through educational and cultural exchanges.

Be it enacted by the Senate and House of Representatives of the ited States of America in Congress assembled, That this Act may cited as the "Mutual Educational and Cultural Exchange Act of 61."

SEC. 101.1 STATEMENT OF PURPOSE. The purpose of this Act is enable the Government of the United States to increase mutual derstanding between the people of the United States and the ople of other countries by means of educational and cultural exange; to strengthen the ties which unite us with other nations demonstrating the educational and cultural interests, developents, and achievements of the people of the United States and her nations, and the contributions being made toward a peaceful d more fruitful life for people throughout the world; to promote ernational cooperation for educational and cultural advanceent; and thus to assist in the development of friendly, sympa

22 U.S.C. 2451. Sec. 107 of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 t. 845), called for a strengthening of educational exchange programs. For text of the congres hal findings and reference to a report due from State Department regarding these programs, page 421.

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thetic, and peaceful relations between the United States and the other countries of the world.

SEC. 102.2 (a) The President3 is authorized, when he considers that it would strengthen international cooperative relations, to provide, by grant, contract, or otherwise, for

(1) educational exchanges, (i) by financing studies, research, instructions, and other educational activities

(A) of or for American citizens and nationals in foreign countries, and

(B) of or for citizens and nationals of foreign countries in American schools and institutions of learning located in or outside the United States;

and (ii) by financing visits and interchanges between the United States and other countries of students, trainees, teachers, instructors, and professors;

(2) cultural exchanges, by financing

(i) visits and interchanges between the United States and other countries of leaders, experts in fields of specialized knowledge or skill, and other influential or distinguished persons;

(ii) tours in countries abroad by creative and performing artists and athletes from the United States, individually and in groups, representing any field of the arts, sports, or any other form of cultural attainment;

(iii) United States representation in international artistic, dramatic, musical, sports, and other cultural festivals, competitions, meetings, and like exhibitions and assemblies;

(iv) participation by groups and individuals from other countries in nonprofit activities in the United States similar to those described in subparagraphs (ii) and (iii) of this paragraph, when the President3 determines that such participation is in the national interest.

(3)4 United States participation in international fairs and expositions abroad, including trade and industrial fairs and

222 U.S.C. 2452.

See also sec. 602 of Public Law 101-610, page 1085. See also Public Law 102-138, sec. 210 (Claude and Mildred Pepper Scholarship Program), sec. 214 (Israeli Arab Scholarship Program), sec. 225 (Eastern Europe Student Exchange Endowment Fund), sec. 226 (Enhanced Educational Exchange Program), sec. 227 (law and business training), sec. 228 (Near and Middle East research and training), and sec. 229 (scholarships for Vietnamese), beginning at page 995.

See also sec. 807 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3353), page

1112.

See also sec. 102 (leaders in human rights and democracy movements) and sec. 103 (exchanges and scholarships for Tibetans and Burmese) of Public Law 104-319, page 980.

Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, the Director of the United States Infor mation Agency, and the United States Information Agency by this section except for those in subsecs. (X6) and (bX10) were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority Subsequently, sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated the International Communication Agency as the United States Information Agency and stated that any reference to the International Communication Agency in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding, shall be deemed to be a reference to the United States Information Agency. Sec. 303 also stated that references to the Director or other official of the International Communication Agency shall be deemed to refer to the Director or other official of the United States Information Agency. *This paragraph was amended by sec. 403 of Public Law 87-565 (76 Stat. 263; approved August 1, 1962), inserting the word "abroad" after the word "expositions." The intent of Congress, as stated in the conference report (House Report 2008, 87th Congress) was to make clear that U.S. participation in fairs is limited to fairs held abroad and to conform to the long-established

other public or private demonstrations of United States economic accomplishments and cultural attainments.

3

») In furtherance of the purposes of this Act, the President 3 is cher authorized to provide for

(1) interchanges between the United States and other countries of handicrafts, scientific, technical, and scholarly books, books of literature, periodicals, and Government publications, and the reproduction and translation of such writings, and the preparation, distribution, and interchange of other educational and research materials, including laboratory and technical equipment for education and research;

(2) establishing and operating in the United States and abroad centers for cultural and technical interchanges to promote better relations and understanding between the United States and other nations through cooperative study, training, and research;

(3) assistance in the establishment, expansion, maintenance, and operation of schools and institutions of learning abroad, founded, operated, or sponsored by citizens or nonprofit institutions of the United States, including such schools and institutions serving as demonstration centers for methods and practices employed in the United States;

(4) fostering and supporting American studies in foreign countries through professorships, lectureships, institutes, seminars, and courses in such subjects as American history, government, economics, language and literature, and other subjects related to American civilization and culture, including financing the attendance at such studies by persons from other countries;

(5) promoting and supporting medical, scientific, cultural, and educational research and development;

(6) promoting modern foreign language training and area studies in United States schools, colleges, and universities by supporting visits and study in foreign countries by teachers and prospective teachers in such schools, colleges, and universities for the purpose of improving their skill in languages and their knowledge of the culture of the people of those countries, and by financing visits by teachers from those countries to the United States for the purpose of participating in foreign language training and area studies in United States schools, colleges, and universities;

(7) United States representation at international nongovernmental educational, scientific, and technical meetings;

(8) participation by groups and individuals from other countries in educational, scientific, and technical meetings held under American auspices in or outside the United States;

(9) encouraging independent research into the problem of educational and cultural exchange;

tice by which Congress authorizes on an individual basis U.S. participation in major fairs in the United States. The amendment excepted U.S. participation in fairs or expositions which an appropriation had already been provided, specifically participation in the New York ld's Fair of 1964-65 for which funds had been approved. (sec. 403, Public Law 87-565.)

(10)5 promoting studies, research, instruction, and other educational activities of citizens and nationals of foreign countries in American schools, colleges, and universities located in the United States by making available to citizens and nationals of less developed friendly foreign countries for exchange for currencies of their respective countries (other than excess foreign currencies), at United States embassies, United States dollars in such amounts as may be necessary to enable such foreign citizens or nationals who are coming temporarily to the United States as students, trainees, teachers, instructors, or professors to meet expenses of the kind described in section 104(e)(1) of this Act, and

(11)6 interchanges and visits between the United States and other countries of scientists, scholars, leaders, and other experts in the fields of environmental science and environmental management.

SEC. 103. (a) The President 3 is authorized to enter into agreements with foreign governments and international organizations, in furtherance of the purposes of this Act. In such agreements the President 3 is authorized, when he deems it in the public interest, to seek the agreement of the other governments concerned to cooperate and assist, including making use of funds placed in special accounts pursuant to agreements concluded in accordance with section 115(b)(6) of the Economic Cooperation Act of 1948, or any similar agreements,8 in providing for the activities authorized in sec

5 Paragraph (10) was added by sec. 203(a) of the International Education Act of 1966 (Pubhe Law 89-698; 80 Stat. 1071).

Paragraph 11 was added by sec. 703(a) of Public Law 98-164 (97 Stat. 1045). Sec. 703(b) of Public Law 98-164 specified the following:

"(b) of the amount by which expenditures for the Fulbright Academic Exchange Programs, for the Humphrey Fellowship Program, and for the International Visitor Program for each of the fiscal years 1984 and 1985 exceeds the expenditures for these programs in fiscal year 1982, 5 percent shall be used to finance programs authorized by the amendment made by subsection (a) of this section."

722 U.S.C. 2453.

8 The Economic Cooperation Act of 1948, as amended, was repealed by sec. 542(a) of the Mu tual Security Act of 1954. Sec. 115(b)(6) and (h) of the former Act were replaced by sec. 142.b of the latter Act. Sec. 142(b) of the Mutual Security Act of 1954, as amended, was in turn re pealed by the Foreign Assistance Act of 1961, Public Law 87-195 (75 Stat. 424), and replaced by sec. 609 of Public Law 87-195. Sec. 609 of Public Law 87-195, in turn, was superseded by sec. 592 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), then by sec. 575 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513), which was extended into fis cal year 1992 by a continuing resolution (sec. 106, Public Law 102-145; 105 Stat. 968), further continued for fiscal year 1994 in sec. 537 of Public Law 103-87, for fiscal year 1995 in sec. 536 of Public Law 103-306, and for fiscal year 1996 in sec. 532 of Public Law 104-107. Most recently, sec. 531 of sec. 101(e) of title I of Public Law 104-208 provided the following

"SEPARATE ACCOUNTS

“SEC. 531. (a) Separate Accounts for Local Currencies.—(1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the Agency for International Development shall

"(A) require that local currencies be deposited in a separate account established by that government;

"(B) enter into an agreement with that government which sets forth

"(i) the amount of the local currencies to be generated, and

"(1) the terms and conditions under which the currencies so deposited may be uta lized, consistent with this section; and

"(C) establish by agreement with that government the responsibilities of the Agency for International Development and that government to monitor and account for deposits inte and disbursements from the separate account.

102, and particularly those authorized in subsection 102(a)(1), his Act with respect to the expenses of international transporon of their own citizens and nationals and of activities in furrance of the purposes of this Act carried on within the borders -uch other nations.

5) Such agreements may also provide for the creation or continuon of binational or multinational educational and cultural founions and commissions for the purpose of administering proms in furtherance of the purposes of this Act.

c) In such agreements with international organizations, the sident 3 may provide for equitable United States participation in support for, including a reasonable share of the cost of, eduional and cultural programs to be administered by such organi

ions.

SEC. 104.9 (a) The President may delegate, to such officers of the wernment as he determines to be appropriate, any of the powers ferred upon him by this Act to the extent that he finds such deltion to be in the interest of the purposes expressed in this Act the efficient administration of the programs undertaken pursuto this Act: Provided, That where the President has delegated y of such powers to any officer, before the President implements

2) Uses of Local CURRENCIES.—As may be agreed upon with the foreign government, local encies deposited in a separate account pursuant to subsection (a), or an equivalent amount cal currencies, shall be used only

"(A) to carry out chapters 1 or 10 of part I or chapter 4 of part II (as the case may be), for such purposes as—

"(i) project and sector assistance activities, or

"(ii) debt and deficit financing, or

"(B) for the administrative requirements of the United States Government.

1) PROGRAMMING ACCOUNTABILITY.-The Agency for International Development shall take ecessary steps to ensure that the equivalent of the local currencies disbursed pursuant to ection (aX2XA) from the separate account established pursuant to subsection (aX1) are used he purposes agreed upon pursuant to subsection (aX2)."

1) TERMINATION OF ASSISTANCE Programs.-Upon termination of assistance to a country er chapters 1 or 10 of part I or chapter 4 of part II (as the case may be), any unencumbered nces of funds which remain in a separate account established pursuant to subsection (a) I be disposed of for such purposes as may be agreed to by the government of that country the United States Government.

›) Conforming AMENDMENTS.-The provisions of this subsection shall supersede the tenth eleventh provisos contained under the heading 'Sub-Saharan Africa, Development Assistas included in the Foreign Operations, Export Financing, and Related Programs ApproLions Act, 1989 and sections 531(d) and 609 of the Foreign Assistance Act of 1961.

5) REPORTING REQUIREMENT.-The Administrator of the Agency for International Developt shall report on an annual basis as part of the justification documents submitted to the mittees on Appropriations on the use of local currencies for the administrative requirements e United States Government as authorized in subsection (aX2XB), and such report shall de the amount of local currency (and United States dollar equivalent) used and/or to be for such purpose in cach applicable country.

›) Separate ACCOUNTS FOr Cash TranSFERS.—(1) If assistance is made available to the rnment of a foreign country, under chapters 1 or 10 of part I or chapter 4 of part II of the ign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, country shall be required to maintain such funds in a separate account and not commingle with any other funds.

2) Applicability OF OTHER PROVISIONS OF LAW-Such funds may be obligated and exled notwithstanding provisions of law which are inconsistent with the nature of this assist including provisions which are referenced in the Joint Explanatory Statement of the Comce of Conference accompanying House Joint Resolution 648 (H. Report No. 98–1159). }) Notification.-At lest fifteen days prior to obligating any such cash transfer or nonect sector assistance, the President shall submit a notification through the regular notificaprocedures of the Committees on Appropriations, which shall include a detailed description ow the funds proposed to be made available will be used, with a discussion of the United es interests that will be served by the assistance (including, as appropriate, a description e economic policy reforms that will be promoted by such assistance).

}) EXEMPTION.—Nonproject sector assistance funds may be exempt from the requirements absection (bX1) only through the notification procedures of the Committees on Appropria 2 U.S.C. 2454.