U.S. Code > Title 22 > Chapter 33 > § 2459 - Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display
Current as of: February 2010
(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
(6) the American Studies Program which fosters and supports the
study of the United States, and its people and culture, in
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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.
U.S. Code Provisions: Foreign Relations
State Laws: Foreign Relations