§ 2460. Bureau of Educational and Cultural Affairs

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(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;

(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; and

(10)1 exchange programs, including in coordination and consultation with the private sector, focused on music and the performing arts that provide opportunities for foreign nationals and Americans to build cross-cultural understanding and advance peace abroad.

(10)1 the John Lewis Civil Rights Fellowship Program established under section 2465 of this title, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign 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)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.

(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, § 112, as added Pub. L. 98–164, title II, § 213, Nov. 22, 1983, 97 Stat. 1034; amended Pub. L. 100–204, title III, §§ 302(a), 303, Dec. 22, 1987, 101 Stat. 1378, 1379; Pub. L. 101–246, title II, §§ 204(a)(2), 222(a), 223, Feb. 16, 1990, 104 Stat. 50, 55, 56; Pub. L. 103–199, title III, § 301(1), Dec. 17, 1993, 107 Stat. 2322; Pub. L. 103–236, title II, § 229(a), Apr. 30, 1994, 108 Stat. 423; Pub. L. 105–244, title I, § 102(a)(7)(B), Oct. 7, 1998, 112 Stat. 1619;

Pub. L. 105–277, div. G, subdiv. B, title XXIV, § 2414, Oct. 21, 1998, 112 Stat. 2681–832; Pub. L. 107–228, div. A, title II, §§ 221, 229, Sept. 30, 2002, 116 Stat. 1367, 1371; Pub. L. 117–263, div. I, title XCVI, § 9604(b)(2), Dec. 23, 2022, 136 Stat. 3912; Pub. L. 118–31, div. F, title LXVI, § 6604(b), Dec. 22, 2023, 137 Stat. 1013.)