Legislation on Foreign Relations Through ...

OBJECTIVES

SEC. 2.1 The Congress hereby declares that the objectives of this Act are to enable the Government of the United States to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries. Among the means to be used in achieving these objectives are

(1) an information service to disseminate abroad information about the United States, its people, and policies promulgated by the Congress, the President, the Secretary of State and other responsible officials of Government having to do with matters affecting foreign affairs;

(2) [Repealed by Public Law 87-256 (75 Stat. 527; 22 U.S.C. 1431(a)), approved September 21, 1961.]

UNITED NATIONS

SEC. 3.2 In carrying out the objectives of this Act, information concerning the participation of the United States in the United Nations, its organizations and functions, shall be emphasized.

DEFINITIONS

SEC. 4.3 When used in this Act, the term—
(1)4 "Secretary" means the Secretary of State.

(2) 4 "Department" means the Department of State.

(3) "Government agency" means any executive department, board, bureau, commission, or other agency of the Federal Government, or independent establishment, or any corporation wholly owned (either directly or through one or more corporations) by the United States.

122 U.S.C. 1431. In an effort to strengthen the objectives and purposes of this Act, sec. 501 of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 857), called on the Presi dent to submit a report to Congress by October 31, 1977, containing his recommendations for reorganizing the international information, education, cultural, and broadcasting activities of the United States. Pursuant to such request, the President submitted Reorganization Plan No 2 of 1977 on October 11, 1977, which would establish a new International Communication Agency by consolidating the functions of the State Department's Bureau of Educational and Cultural Affairs and USIA. Such reorganization plan became effective on April 1, 1978.

222 U.S.C. 1432.

322 U.S.C. 1433.

Pursuant to sec. 7 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 Information Agen cy, and the United States Information Agency were transferred to the Director of the Inter national Communication Agency. As now codified, these definitions refer to the "Director" and the "Agency" rather than the "Secretary" and the "Department".

Subsequently, sec. 303(b) 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.

TITLE II—INTERCHANGE OF PERSONS, KNOWLEDGE AND SKILLS

PERSONS

SEC. 201.5*** [Repealed-1961]

BOOKS AND MATERIALS

SEC. 202.6 The Secretary is authorized to provide for interchanges between the United States and other countries of books and periodicals, including government publications, for the translation of such writings, and for the preparation, distribution, and interchange of other educational materials.

INSTITUTIONS

SEC. 203.8,9 The Secretary is authorized to provide for assistance to schools, libraries, and community centers abroad, founded or sponsored by citizens of the United States, and serving as demonstration centers for methods and practices employed in the United States. In assisting any such schools, however, the Secretary? shall exercise no control over their educational policies and shall in no case furnish assistance of any character which is not in keeping with the free democratic principles and the established foreign policy of the United States.

TITLE III-ASSIGNMENT OF SPECIALISTS

PERSONS TO BE ASSIGNED

SEC. 301.10 The Director of the United States Information Agency 11 is authorized, when the government of another country is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, from time to time to assign or authorize the assignment for service, to or in coopera

Sec. 201, which authorized the interchange of persons on a reciprocal basis between the United States and other countries, was repealed by sec. 111 of Public Law 87-256 (75 Stat. 538). $22 U.S.C. 1447.

7 Pursuant to sec. 7(aX1) 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 Information Agency, and the United States Information Agency by this Act 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.

$22 U.S.C. 1448. This section has been repealed insofar as it related to schools, by Public Law 87-256 (75 Stat. 527).

This section was referred to in sec. 104(j) of Public Law 83-480 (68 Stat. 454), as amended by Public Law 84-962 (70 Stat. 988).

10 22 U.S.C. 1451.

241 (96 Stat. 292). al Communica

11 The reference to the Director of the United States Information Agency was inserted in lieu of a reference to the Secretary of State by sec. 304(aX2) of Public Previously, Reorganization Plan No. 2 of 1977, which establishe tion Agency, stated that all functions vested in the Secretary ferred to the Director of the International Communication Ag

et were trans

tion with such government, any person 12 in the employ or service of the Government of the United States who has such qualifications, with the approval of the Government agency in which such person is employed or serving. No person shall be assigned for service to or in cooperation with the government of any country unless (1) the Director 11 finds that such assignment is necessary in the national interest of the United States, or (2) such government agrees to reimburse the United States in an amount equal to the compensation, travel expenses, and allowances payable to such person during the period of such assignment in accordance with the provisions of section 302, or (3) such government shall have made an advance of funds, property, or services as provided in section 902. Nothing in this Act, however, shall authorize the assignment of such personnel for service relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.

STATUS AND ALLOWANCES

SEC. 302.13 Any person in the employ or service of the Government of the United States,14 while assigned for service to or in cooperation with another government under the authority of this Act, shall be considered, for the purpose of preserving his rights, allowances, and privileges as such, an officer or employee of the Government of the United States and of the Government agency from which assigned and he shall continue to receive compensation from that agency. He may also receive, under such regulations as the President may prescribe, representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980.15 The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5, United States Code.16

ACCEPTANCE OF OFFICE UNDER ANOTHER GOVERNMENT

SEC. 303.17 Any person in the employ or service of the Government of the United States,14 while assigned for service to or in cooperation with another government under authority of this Act may, at the discretion of his Government agency, with the concurrence of the Director of the United States Information Agency,1 and without additional compensation therefor, accept an office under the government to which he is assigned, if the acceptance of such an office in the opinion of such agency is necessary to permit the effective performance of duties for which he is assigned, includ

12 The word "person" was inserted in lieu of “citizen of the United States" by sec. 304(a)(1) of Public Law 97-241 (96 Stat. 292).

13 22 U.S.C. 1452.

14 The words "person in the employ or service of the Government of the United States" were inserted in lieu of “citizen of the United States" by sec. 302(a)(1) of Public Law 97–241 (96 Stat. 292).

16 The reference to sec. 905 of the Foreign Service Act of 1980 was inserted in lieu of a reference to sec. 901(3) of the Foreign Service Act of 1946 (60 Stat. 990) by sec. 304(a)(3) of Public Law 97-241 (96 Stat. 292).

16 The reference to 5 U.S.C. 5536 was inserted in lieu of a reference to sec. 1765 of the Revised Statutes by sec. 30 of Public Law 97-241 (96 Stat. 292).

17 22 U.Š.C.

ing the making or approving on behalf of such foreign government the disbursement of funds provided by such government or of receiving from such foreign government funds for deposit and disbursement on behalf of such government, in carrying out programs undertaken pursuant to this Act: Provided, however, That such acceptance of office shall in no case involve the taking of an oath of allegiance to another government.

TITLE IV-PARTICIPATION BY GOVERNMENT AGENCIES

GENERAL AUTHORITY

SEC. 401.18 The Secretary 19 is authorized, in carrying on any activity under the authority of this Act, to utilize, with the approval of the President, the services, facilities, and personnel of the other Government agencies. Whenever the Secretary 19 shall use the services, facilities, or personnel of any Government agency for activities under authority of this Act, the Secretary 19 shall pay for such performance out of funds available to the Secretary 19 under this Act, either in advance, by reimbursement, or direct transfer. The Secretary 19 shall include in each report submitted to the Congress under section 1008 a statement of the services, facilities, and personnel of other Government agencies utilized in carrying on activities under the authority of this Act, showing the names and salaries of the personnel utilized, or performing services utilized, during the period covered by such report, and the amounts paid to such other agencies under this section as payment for such performance.

TECHNICAL AND OTHER SERVICES

SEC. 402.20 A Government agency, at the request of the Secretary, 19 may perform such technical or other services as such agency may be competent to render for the government of another country desirous of obtaining such services, upon terms and conditions which are satisfactory to the Secretary 19 and to the head of the Government agency, when it is determined by the Secretary 19 that such services will contribute to the purposes of this Act. However, nothing in this Act shall authorize the performance of services relating to the organization, training, operation, development, or combat equipment of the armed forces of a foreign government.

18 22 U.S.C. 1456.

19 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 Information Agency, and the United States Information Agency by this Act 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.

POLICY GOVERNING SERVICES

SEC. 403.21 In authorizing the performance of technical and other services under this title, it is the sense of the Congress (1) that the Secretary 19 shall encourage through any appropriate Government agency the performance of such services to foreign governments by qualified private American individuals and agencies, and shall not enter into the performance of such services to any foreign government where such services may be performed adequately by qualified private American individuals and agencies and such qualified individuals and agencies are available for the performance of such services; (2) that if such services are rendered by a Government agency, they shall demonstrate the technical accomplishments of the United States, such services being of an advisory, investigative, or instructional nature, or a demonstration of a technical process; (3) that such services shall not include the construction of public works or the supervision of the construction of public works, and that, under authority of this Act, a Government agency shall render engineering services related to public works only when the Secretary 19 shall determine that the national interest demands the rendering of such services by a Government agency, but this policy shall not be interpreted to preclude the assignment of individual specialists as advisers to other governments as provided under title III of this Act, together with such incidental assistance as may be necessary for the accomplishment of their individual assignments. TITLE V-DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD

GENERAL AUTHORIZATION

SEC. 501.22 (a) 23 The Secretary 19 is authorized, when he finds it appropriate, to provide for the preparation, and dissemination abroad, of information about the United States, its people, and its policies, through press, publications, radio, motion pictures, and other information media, and through information centers and instructors abroad. Subject to subsection (b), any 23 such information (other than "Problems of Communism" and the "English Teaching Forum" 24 which may be sold by the Government Printing Office) shall not be disseminated within the United States, its territories, or possessions, but, on request, shall be available in the English

21 22 U.S.C. 1458.

22 22 U.S.C. 1461.

23 Sec. 202 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 49), added designation "(a)"; struck out "Any" at the beginning of the second sentence, and inserted in lieu thereof "Subject to subsection (b), and"; and added a new subsection (b).

Previously, the second sentence of sec. 501 was amended by sec. 204 of Public Law 92-352 (86 Stat. 493). It formerly read:

"Any such press release or radio script, on request, shall be available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and, on request, shall be made available to Members of Congress.". See also sec. 202 of the Foreign Relations Authorization Act, Fiscal Year 1979 (92 Stat. 972), which provided additional direction for the USIA. Entitled "Mission of the International Com munication Agency" (since renamed the United States Information Agency), this provision is considered by the USIA as its "second mandate."

24 The reference to the "English Teaching Forum" was added by sec. 208 of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 401).

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