22 USC 1461: Deliberative Process
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Broadcasting Board of Governors | 1.0 |
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 18--UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS
SUBCHAPTER V--DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED
STATES
Sec. 1461. General authorization
(a) Dissemination of information abroad
The Secretary 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) of this section, any such information (other than
``Problems of Communism'' and the ``English Teaching Forum'' 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 language at the Department of
State, at all reasonable times following its release as information
abroad, for examination only by representatives of United States press
associations, newspapers, magazines, radio systems, and stations, and by
research students and scholars, and, on request, shall be made available
for examination only to Members of Congress.
(b) Dissemination of information within United States
(1) The Director of the United States Information Agency shall make
available to the Archivist of the United States, for domestic
distribution, motion pictures, films, videotapes, and other material
prepared for dissemination abroad 12 years after the initial
dissemination of
the material abroad or, in the case of such material not disseminated
abroad, 12 years after the preparation of the material.
(2) The Director of the United States Information Agency shall be
reimbursed for any attendant expenses. Any reimbursement to the Director
pursuant to this subsection shall be credited to the applicable
appropriation of the United States Information Agency.
(3) The Archivist shall be the official custodian of the material
and shall issue necessary regulations to ensure that persons seeking its
release in the United States have secured and paid for necessary United
States rights and licenses and that all costs associated with the
provision of the material by the Archivist shall be paid by the persons
seeking its release. The Archivist may charge fees to recover such
costs, in accordance with section 2116(c) of title 44. Such fees shall
be paid into, administered, and expended as part of the National
Archives Trust Fund.
(Jan. 27, 1948, ch. 36, title V, Sec. 501, 62 Stat. 9; Pub. L. 92-352,
title II, Sec. 204, July 13, 1972, 86 Stat. 494; Pub. L. 96-60, title
II, Sec. 208, Aug. 15, 1979, 93 Stat. 401; Pub. L. 101-246, title II,
Sec. 202, Feb. 16, 1990, 104 Stat. 49.)
Amendments
1990--Pub. L. 101-246 designated existing provisions as subsec. (a),
substituted ``Subject to subsection (b) of this section, any such
information'' for ``Any such information'' in second sentence, and added
subsec. (b).
1979--Pub. L. 96-60 substituted `` `Problems of Communism' and the
`English Teaching Forum' which may be sold'' for `` `Problems of
Communism' which may continue to be sold'' in parenthetical clause.
1972--Pub. L. 92-352 substituted provisions relating to the
prohibition, except as otherwise provided, on the dissemination of
information within the United States, its territories, or possessions,
other than ``Problems of Communism'' which could continue to be sold at
the Government Printing Office, for provisions relating to the
availability of press release or radio scripts for examination by
representatives of United States press associations, newspapers,
magazines, radio systems, and stations, and, on request, Members of
Congress.
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.
USIA Network for Dissemination of Information Concerning United States
Programs To Combat Narcotics and Other Controlled Substances
Section 210 of Pub. L. 101-246 provided that: ``The United States
Information Agency shall establish and maintain an international
narcotics information network. The network shall disseminate prompt,
accurate, and comprehensive information to foreign governments
concerning programs and activities of the United States Government--
``(1) to eliminate the illicit production, trafficking, and
abuse of narcotic and psychotropic drugs and other controlled
substances within the United States; and
``(2) to promote drug prevention and rehabilitation in the
United States.''
[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.]
Public Service Announcements To Promote Child Survival
Pub. L. 101-246, title II, Sec. 233, Feb. 16, 1990, 104 Stat. 57,
provided that: ``The United States Information Agency shall establish
and maintain through the Voice of America a system of public service
announcements focusing on child survival techniques.''
[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.]
USIA Posts and Personnel Overseas
Pub. L. 100-204, title II, Sec. 204, Dec. 22, 1987, 101 Stat. 1373,
prohibited use of appropriated funds to pay expenses associated with
closing of United States Information Agency posts abroad or to pay
expenses associated with Bureau of Management or with television and
film service of Agency if an Agency post abroad was closed after Apr. 1,
1987, and not reopened within 180 days after Dec. 22, 1987, placed
limitation on reduction of number of positions filled by American
employees of Agency stationed abroad, authorized waiver of both
prohibition and limitation, and permitted Director, in case of a
sequestration order, to submit a report to congressional committees
proposing a list of Agency posts to be downgraded or closed in order to
comply with sequestration order, prior to repeal by Pub. L. 102-138,
title II, Sec. 206(c), Oct. 28, 1991, 105 Stat. 693. See section 1475g
of this title.
Redesignation of International Communication Agency as United States
Information Agency
Pub. L. 97-241, title III, Sec. 303, Aug. 24, 1982, 96 Stat. 291,
provided that:
``(a) The International Communication Agency, established by
Reorganization Plan Numbered 2 of 1977 [set out as a note below], is
hereby redesignated the United States Information Agency. The Director
of the International Communication Agency or any other official of the
International Communication Agency is hereby redesignated the Director
or other official, as appropriate, of the United States Information
Agency.
``(b) Any reference in any statute, reorganization plan, Executive
order, regulation, agreement, determination, or other official document
or proceeding to the International Communication Agency or the Director
or other official of the International Communication Agency shall be
deemed to refer respectively to the United States Information Agency or
the Director or other official of the United States Information Agency,
as so redesignated by subsection (a).''
[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.]
REORGANIZATION PLAN NO. 8 OF 1953
Eff. Aug. 1, 1953, 18 F.R. 4542, 67 Stat. 642, as amended act
June 28, 1955, ch. 189, Sec. 12(c)(21), 69 Stat. 183; Reorg.
Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R.
62461, 91 Stat. 1639
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, June 1, 1953, pursuant to the
provisions of the Reorganization Act of 1949, approved June 20,
1949, as amended [see 5 U.S.C. 901 et seq.].
UNITED STATES INFORMATION AGENCY
Section 1. Establishment of Agency
[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
1977, 42 F.R. 62461, 91 Stat. 1639, set out as a note below. Section was
amended by act June 28, 1955, ch. 189, Sec. 12(c)(21), 69 Stat. 183 and
related to the establishment of the United States Information Agency.]
Sec. 2. Transfer of Functions
(a) Subject to subsection (c) of this section, there are hereby
transferred to the Director (1) the functions vested in the Secretary of
State by Title V of the United States Information and Educational
Exchange Act of 1948, as amended [22 U.S.C. 1461, 1462], and so much of
functions with respect to the interchange of books and periodicals and
aid to libraries and community centers under sections 202 and 203 of the
said Act [22 U.S.C. 1447, 1448] as is an integral part of information
programs under that Act [22 U.S.C. 1431-1479], together with so much of
the functions vested in the Secretary of State by other provisions of
the said Act [22 U.S.C. 1431-1479] as is incidental to or is necessary
for the performance of the functions under Title V and sections 202 and
203 transferred by this section, and (2) [Superseded. Reorg. Plan No. 2
of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat. 1639.
Paragraph related to functions of the Secretary of State with respect to
information programs relating to Germany and Austria.]
(b) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
1977, 42 F.R. 62461, 91 Stat. 1639. Subsection related to the transfer
to the Director of functions vested in the Director for Mutual Security
by the Mutual Security Act of 1951, as amended, act Oct. 10, 1951, ch.
479, 65 Stat. 373, which related to foreign information programs, as
formerly provided for in section 1652 of this title.]
(c)(1) The Secretary of State shall direct the policy and control
the content of a program, for use abroad, on official United States
positions, including interpretations of current events, identified as
official positions by an exclusive descriptive label.
(2) The Secretary of State shall continue to provide to the Director
on a current basis full guidance concerning the foreign policy of the
United States.
(3) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R.
62461, 91 Stat. 1639. Paragraph provided that nothing in subsec. (c) of
this section was to affect the functions of the Secretary of State with
respect to conducting negotiations with other governments.]
(d) To the extent the President deems it necessary in order to carry
out the functions transferred by the foregoing provisions of this
section, he may authorize the Director to exercise, in relation to the
respective functions so transferred, any authority or part thereof
available by law, including appropriation acts, to the Secretary of
State, the Director for Mutual Security, or the Director of the Foreign
Operations Administration, in respect of the said transferred functions.
Sec. 3. Performance of Transferred Functions
[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461, 91
Stat. 1639. Section related to the performance of transferred
functions.]
Sec. 4. Incidental Transfers
[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461, 91
Stat. 1639. Section related to incidental transfers.]
Sec. 5. Interim Provisions
[Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), 42 F.R. 62461, 91
Stat. 1639. Section related to interim provisions.]
[The United States Information Agency was abolished and replaced by
the International Communication Agency pursuant to Reorg. Plan No. 2 of
1977, set out below, effective on or before July 1, 1978, at such time
as specified by the President. The International Communication Agency
was redesignated the United States Information Agency by section 303 of
Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a
note above. 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.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 8 of 1953, prepared in
accordance with the Reorganization Act of 1949, as amended, and
providing for the reorganization of foreign information functions. My
reasons for proposing this plan are stated in another message
transmitted to the Congress today.
After investigation, I have found and hereby declare that each
reorganization included in Reorganization Plan No. 8 of 1953 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949, as amended. I have also found
and hereby declare that it is necessary to include in the accompanying
reorganization plan, by reason of reorganizations made thereby,
provisions for the appointment and compensation of officers specified in
section 1 of the plan. The rates of compensation fixed for these
officers are, respectively, those which I have found to prevail in
respect of comparable officers in the executive branch of the
Government.
I expect that the improved organizational arrangement provided for
in Reorganization Plan No. 8 of 1953 will lead to substantial economies
and significantly improved effectiveness of administration. It is not
practicable, however, to itemize at this time the reductions in
expenditures which will probably be brought about by the taking effect
of the reorganizations included in the reorganization plan.
Dwight D. Eisenhower.
The White House, June 1, 1953.
REORGANIZATION PLAN NO. 2 OF 1977
42 F.R. 62461, 91 Stat. 1636, as amended Pub. L. 101-246, title
II, Sec. 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105-277,
div. G, subdiv. A, title XIII, Secs. 1334(b), 1336(6), Oct.
21, 1998, 112 Stat. 2681-786, 2681-790; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title IV, Sec. 404(a), (c)], Nov. 29,
1999, 113 Stat. 1536, 1501A-446, 1501A-447; Pub. L. 107-77,
title IV, Sec. 407(c), Nov. 28, 2001, 115 Stat. 790
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, October 11, 1977,\1\ pursuant
to the provisions of chapter 9 of title 5 of the United States
Code.\2\
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\1\ Actually transmitted Oct. 12, 1977.
\2\ As amended Nov. 1, 1977, and Nov. 3, 1977.
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INTERNATIONAL COMMUNICATION AGENCY
Section 1. Establishment of the International Communication Agency
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section established the
International Communication Agency.]
Sec. 2. Director
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
appointment and responsibilities of Director of the Agency.]
Sec. 3. Deputy Director
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
appointment and duties of Deputy Director of the Agency.]
Sec. 4. Associate Directors
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
appointment, titles, and functions of four Associate Directors of the
Agency.]
Sec. 5. Performance of Functions
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
establishment of bureaus, offices, divi
sions, and other units within the Agency and for performance of
functions of the Director within the Agency.]
Sec. 6. Negotiations
[Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790. Section authorized
Director to conduct negotiations with representatives of foreign states
or organizations on matters for which responsibility was vested in the
Director or in the Agency.]
Sec. 7. Transfer of Functions
(a) There are hereby transferred to the Director all functions
vested in the President, the Secretary of State, the Department of
State, the Director of the United States Information Agency, and the
United States Information Agency pursuant to the following:
(1) the United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431-1479), except to the extent that any
function in sections 302, 401, or 602 [22 U.S.C. 1452, 1456, or 1467] is
vested in the President;
(2) the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451-2458a), except for: (A) such functions as are
vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1), 104(e)(2),
104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 [22 U.S.C.
2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c),
2456(a), 2458]; (B) to the extent that such functions were assigned to
the Secretary of Health, Education and Welfare immediately prior to the
effective date of this Reorganization Plan, sections 104(b), 105(d)(2),
105(f), 106(d), and 106(f) [22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d),
(f)]; and (C) to the extent that any function therein is vested in the
President or the Secretary of State, sections 106(b) and 106(c) [22
U.S.C. 2456(b), (c)].
(3) Public Law 90-494 (22 U.S.C. [former] 929-932, 1221-1234), to
the extent that such functions are vested in the Director of the United
States Information Agency;
(4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service
Act of 1946, as amended (22 U.S.C. [former sections] 922(3), 1037a(1),
and 1063(a)(4)), to the extent such functions are vested in the Director
of the United States Information Agency or in the United States
Information Agency.
(5) Section 4 of the United States Information Agency Appropriations
Authorization Act of 1973, Public Law 93-168 [Nov. 29, 1973, 87 Stat.
689];
(6)(A) Sections 107(b), 204 and 205 of the Foreign Relations
Authorization Act, Fiscal Year 1978, Public Law 95-105, 91 Stat. 844
[Aug. 17, 1977]; and (B) to the extent such functions are vested in the
Director of the United States Information Agency, section 203 of the
Act;
(7) The Center for Cultural and Technical Interchange Between East
and West Act of 1960 (22 U.S.C. 2054-2057);
(8) Sections 101(a)(15)(J) and 212(e) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e));
(9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22 U.S.C.
1461 note);
(10) Section 3(a) of the Arts and Artifacts Indemnity Act (20 U.S.C.
972(a));
(11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71 (50
U.S.C. App. 2316);
(12) Section 9(b) of the National Foundation on the Arts and
Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such
functions are vested in the Secretary of State;
(13) Section 112(a) of the Higher Education Act of 1965 (20 U.S.C.
[former] 1009(a)), to the extent such functions are vested in the
Department of State;
(14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968 (20
U.S.C. 80f(b)(1));
(15) Section 201 of Public Law 89-665, as amended by section 201(5)
of Public Law 94-422 (16 U.S.C. 470i(a)(9));
(16) The third proviso in the twenty-third unnumbered paragraph of
title V of Public Law 95-86 (headed ``UNITED STATES INFORMATION AGENCY,
SALARIES AND EXPENSES''), 91 Stat. 440-41 [Aug. 2, 1977];
(17) The twentieth unnumbered paragraph of title I of Public Law 95-
86 (headed ``CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST
AND WEST''), 91 Stat. 424;
(18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F) of
the Foreign Service Buildings Act, 1926, as amended (22 U.S.C.
295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and
(19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63
Stat. 408 (22 U.S.C. 2681-2683).
(b) There are hereby transferred to the Director all functions
vested in the Assistant Secretary of State for Public Affairs pursuant
to Section 2(a) of the John F. Kennedy Center Act (20 U.S.C. 76h(a)).
(c) The Director shall insure that the scholarly integrity and
nonpolitical character of educational and cultural exchange activities
vested in the Director are maintained.
Sec. 8. Establishment of the United States Advisory Commission on
International Communication, Cultural, and Educational Affairs
(a) There is hereby established an advisory commission, to be known
as the United States Advisory Commission on International Communication,
Cultural and Educational Affairs (the ``Commission'') [the United States
Advisory Commission on Public Diplomacy]. The Commission shall consist
of seven members who shall be appointed by the President, by and with
the advice and consent of the Senate. The members of the Commission
shall represent the public interest and shall be selected from the cross
section of educational, communications, cultural, scientific, technical,
public service, labor and business and professional backgrounds. Not
more than four members shall be from any one political party. The term
of each member shall be three years except that of the original seven
appointments, two shall be for a term of one year and two shall be for a
term of two years. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which a predecessor was
appointed shall be appointed for the remainder of such term. Upon the
expiration of a member's term of office, such member may continue to
serve until a successor is appointed and has qualified. The President
shall designate a member to chair the Commission.
(b) The functions now vested in the United States Advisory
Commission on Information and in the United States Advisory Commission
on International Educational and Cultural Affairs under sections 601
through 603 and 801(6) of the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1466-1468, 1471(6)), and
under sections 106(b) and 107 of the Mutual Educational and Cultural
Exchange Act of 1961, as amended (22 U.S.C. 2456(b), 2457),
respectively, are hereby consolidated and vested in the Commission, as
follows:
The Commission shall formulate and recommend to the Director, the
Secretary of State, and the President policies and programs to carry out
the functions vested in the Director or the Agency, and shall appraise
the effectiveness of policies and programs of the Agency. The Commission
shall submit to the Congress, the President, the Secretary of State and
the Director annual reports on programs and activities carried on by the
Agency, including appraisals, where feasible, as to the effectiveness of
the several programs. The Commission shall also include in such reports
such recommendations as shall have been made by the Commission to the
Director for effectuating the purposes of the Agency, and the action
taken to carry out such recommendations. The Commission may also submit
such other reports to the Congress as it deems appropriate, and shall
make reports to the public in the United States and abroad to develop a
better understanding of and support for the programs conducted by the
Agency. The Commission's reports to the Congress shall include
assessments of the degree to which the scholarly integrity and
nonpolitical character of the educational and cultural exchange
activities vested in the Director
have been maintained, and assessments of the attitudes of foreign
scholars and governments regarding such activities.
(c) The Commission shall have no authority with respect to the J.
William Fulbright Foreign Scholarship Board or the United States
National Commission for UNESCO. [As amended Pub. L. 101-246, title II,
Sec. 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105-277, div. G,
subdiv. A, title XIII, Sec. 1334(b), Oct. 21, 1998, 112 Stat. 2681-786;
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV, Sec. 404(a),
(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446, 1501A-447; Pub. L. 107-
77, title IV, Sec. 407(c), Nov. 28, 2001, 115 Stat. 790.]
[Section 6553 of this title provided that the United States Advisory
Commission on Public Diplomacy, established under section 8 of
Reorganization Plan Numbered 2 of 1977, set out above, was to continue
to exist and operate until Oct. 1, 2005.]
[Any provisions of section 8 of Reorg. Plan No. 2 of 1977
inconsistent with 22 U.S.C. 1469 to no longer have legal effect on Jan.
20, 1989, and prohibition limiting membership of individuals from same
political party is repealed, see 22 U.S.C. 1469(d).]
[United States Advisory Commission on International Communication,
Cultural and Educational Affairs was redesignated the United States
Advisory Commission on Public Diplomacy by 22 U.S.C. 1469.]
Sec. 9. Abolitions and Supersessions
(a) The following are hereby abolished:
(1) The United States Information Agency, including the offices of
Director, Deputy Director, Deputy Director (Policy and Plans) (5 U.S.C.
5316(67)), Associate Director (Policy and Plans) (5 U.S.C. 5316(103)),
and additional offices created by section 1(d) of Reorganization Plan
No. 8 of 1953 (22 U.S.C. 1461 note), of the United States Information
Agency, provided that, pending the initial appointment of the Director,
Deputy Director and Associate Directors of the Agency their functions
shall be performed temporarily, but not for a period in excess of sixty
(60) days, by such officers of the Department of State or of the United
States Information Agency as the President shall designate;
(2) One of the offices of Assistant Secretary of State provided for
in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111, as
amended (22 U.S.C. 2652), and in section 5315(22) of title 5 of the
United States Code;
(3) The United States Advisory Commission on International
Educational and Cultural Affairs (22 U.S.C. [former] 2456(b));
(4) The United States Advisory Commission on Information (22 U.S.C.
[former] 1466-1468);
(5) All functions vested in or related to the United States Advisory
Commission on International Educational and Cultural Affairs and the
United States Advisory Commission on Information that are not
transferred to the Director by section 7 or consolidated in the
Commission by section 8 of this Reorganization Plan;
(6) The Advisory Committee on the Arts, all functions thereof, and
all functions relating thereto (22 U.S.C. [former] 2456(c)); and
(7) The functions vested in the Secretary of State by section 3(e)
of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C. [former]
2670(e)).
(b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of
Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby
superseded.
Sec. 10. Other Transfers
So much of the personnel, property, records, and unexpended balances
of appropriations, allocations and other funds employed, used, held,
available, or to be made available in connection with the functions
transferred or consolidated by this Reorganization Plan, as the Director
of the Office of Management and Budget shall determine, shall be
transferred to the appropriate department, agency, or commission at such
time or times as the Director of the Office of Management and Budget
shall provide, except that no such unexpended balances transferred shall
be used for purposes other than those for which the appropriation was
originally made. The Director of the Office of Management and Budget
shall provide for terminating the affairs of all agencies, commissions,
and offices abolished herein and for such further measures and
dispositions as such Director deems necessary to effectuate the purposes
of this Reorganization Plan.
Sec. 11. Effective Date
This Reorganization Plan shall become effective at such time or
times, on or before July 1, 1978, as the President shall specify, but
not sooner than the earliest time allowable under section 906 of title 5
of the United States Code.
[Amendment to Reorganization Plan No. 2 of 1977 [set out above] by
Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-
277, set out as an Effective Date note under section 6531 of this
title.]
[Pursuant to Ex. Ord. No. 12048, set out below, this Reorg. Plan is
effective July 1, 1978.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1977 to consolidate
certain international communication, educational and cultural, and
broadcasting activities of the United States Government. I am acting
under the authority vested in me by the Reorganization Act, chapter 9 of
title 5 of the United States Code. I am also acting pursuant to section
501 of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public
Law 95-105), which provides that my recommendations for reorganizing
these activities be transmitted by October 31, 1977.
This reorganization will consolidate into a new agency, to be known
as the Agency for International Communication, the functions now
exercised by the State Department's Bureau of Educational and Cultural
Affairs and the United States Information Agency.
The principal aspects of this proposal are:
--The new agency will take over USIA's international communications
programs (including the Voice of America) and the international
educational and cultural exchange activities now conducted by
the Bureau of Educational and Cultural Affairs.
--The agency's Director will be the principal advisor on
international information and exchange activities to the
President, the National Security Council, and the Secretary of
State. Under the direction of the Secretary of State, the
Director will have primary responsibility within the Government
for the conduct of such activities. The Director, the Deputy
Director and the Associate Directors of the new agency will be
confirmed by the Senate.
--The two commissions that now advise USIA and the Bureau of
Educational and Cultural Affairs will be combined into a single
seven-member commission. Members of this nonpartisan commission
will be chosen from fields related to the agency's mission. The
commissioners will be appointed by the President and confirmed
by the Senate.
The purpose of this reorganization is to broaden our informational,
educational and cultural intercourse with the world, since this is the
major means by which our government can inform others about our country,
and inform ourselves about the rest of the world.
The new Agency for International Communication will play a central
role in building these two-way bridges of understanding between our
people and the other peoples of the world. Only by knowing and
understanding each other's experiences can we find common ground on
which we can examine and resolve our differences.
The new agency will have two distinct but related goals:
To tell the world about our society and policies--in particular
our commitment to cultural diversity and individual liberty.
To tell ourselves about the world, so as to enrich our own
culture as well as to give us the understanding to deal effectively
with problems among nations.
As the world becomes more and more interdependent, such mutual
understanding becomes increasingly vital. The aim of this
reorganization, therefore, is a more effective dialogue among peoples of
the earth. Americans--mostly immigrants or the descendants of
immigrants--are particularly well suited to enter into such an
undertaking. We have already learned much from those who have brought
differing values, perspectives and experiences to our shores. And we
must continue to learn.
Thus the new agency will lay heavy emphasis on listening to others,
so as to learn something of their motivations and aspirations, their
histories and cultures.
Several principles guided me in shaping this reorganization plan.
Among the most important were:
--Maintaining the integrity of the educational and cultural exchange
programs is imperative. To this end, the plan retains the Board
of Foreign Scholarships, whose strong leadership has done so
much to insure the high quality of the educational exchange
program. In addition, I intend to nominate an Associate Director
who will be responsible for the administration and supervision
of educational and cultural functions consolidated in the new
Agency. The responsibilities presently exercised by the
Department of State in relation to the Center for Technical and
Cultural Interchange Between East and West, Inc., will be
transferred to the new agency without alteration.
--Keeping the Voice of America's news gathering and reporting
functions independent and objective. The Voice's charter,
enacted into law in 1976, provides that ``VOA news will be
accurate, objective, and comprehensive''; that VOA will
``present a balanced and comprehensive projection of significant
American thought and institutions''; and that VOA will present
U.S. policies ``clearly and effectively, and will also present
responsible discussion and opinion on these policies.'' Under
this Administration, VOA will be solely responsible for the
content of news broadcasts--for there is no more valued coin
than candor in the international marketplace of ideas. I also
plan to nominate an Associate Director who will be responsible
for the administration and supervision of the Voice of America.
--The new agency's activities must be straightforward, open, candid,
balanced, and representative. They will not be given over to the
advancement of the views of any one group, any one party or any
one Administration. The agency must not operate in a covert,
manipulative, or propagandistic way.
--Rights of U.S. Information Agency and State Department employees
must be respected. In the new agency, their career achievements
will be recognized and the best possible use made of their
professional skills and abilities.
The Director of the new agency will assess and advise on the impact
on worldwide public opinion of American foreign policy decisions. The
Agency will coordinate the international information, educational,
cultural and exchange programs conducted by the U.S. Government and will
be a governmental focal point for private U.S. international exchange
programs. It will also play a leading role within the U.S. Government in
our efforts to remove barriers to the international exchange of ideas
and information.
It is not practicable to specify all of the expenditure reductions
and other economies that will result from the proposed reorganization,
and therefore I do not do so. The reorganization will result in greater
efficiency by unifying in Washington the management of programs which
are already administered in a consolidated manner in the field. For
example, field officers will no longer report to two separate sets of
supervisors and headquarters at home.
This plan abolishes the functions of the Advisory Committee on the
Arts authorized by section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also abolished, as
a result of the consolidation of certain functions of the United States
Advisory Commission on Information and the United States Advisory
Commission on International Educational and Cultural Affairs in the
United States Advisory Commission on International Communication,
Cultural and Educational Affairs, are the functions authorized by
section 603 of the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1468) (requiring submission by the
United States Advisory Commission on Information of a quarterly report
to the Director of USIA and a semiannual report to the Congress). The
new commission will report annually and at such other times as it deems
appropriate (as does the existing Advisory Commission on International
Educational and Cultural Affairs). Since appointments of all members of
the new commission will be on a nonpartisan basis, as has been the case
with the Advisory Commission on International Educational and Cultural
Affairs, the requirement of section 602(a) of the U.S. Information and
Educational Exchange Act (22 U.S.C. 1467(a)) that not more than three
members of the Advisory Commission on Information shall be of the same
political party is abolished.
Various obsolete or superseded functions under Reorganization Plan
No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA, are
superseded by this plan. Finally, the Plan abolishes a provision
authorizing the Secretary of State to pay the expenses of transporting
the bodies of participants in exchange programs who die away from home,
since State no longer will conduct such programs (22 U.S.C. 2670(e)).
All functions abolished by the reorganization are done so in compliance
with section 903(b) of title 5 of the United States Code.
After investigation, I have found that this reorganization is
necessary to carry out the policy set forth in section 901(a) of title 5
of the United States Code. The provisions in this Plan for the
appointment and pay of the Director, Deputy Director, and Associate
Directors of the Agency have been found by me to be necessary by reason
of the reorganization made by the plan and are at a rate applicable to
comparable officers in the executive branch.
In presenting this plan, I ask the support of Congress to strengthen
and simplify the machinery by which we carry out these important
functions of the United States Government.
Such action will make us better able to project the great variety
and vitality of American life to those abroad, and to enrich our own
lives with a fuller knowledge of the vitality and variety of other
societies.
The new Agency for International Communication will help us
demonstrate ``a decent respect for the opinions of mankind,'' and to
deal intelligently with a world awakening to a new spirit of freedom.
Jimmy Carter.
The White House, October 11, 1977.
Ex. Ord. No. 12048. International Communication Agency
Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361, as amended by Ex.
Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including Section 11 of Reorganization
Plan No. 2 of 1977 (42 FR 62461 (December 13, 1977)) [set out above],
Section 202 of the Budget and Accounting Procedures Act of 1950 (31
U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United
States Code, and as President of the United States of America, in order
to provide for the establishment of the International Communication
Agency, it is hereby ordered as follows:
Section 1. (a) Reorganization Plan No. 2 of 1977 (42 FR 62461),
which establishes the International Communication Agency, except for
Section 7(a)(14) thereof, is hereby effective.
(b) Section 7(a)(14) of Reorganization Plan No. 2 of 1977, relating
to the Woodrow Wilson Memorial Act of 1968 [20 U.S.C. 80e et seq.],
shall be effective on July 1, 1978.
Sec. 2. The functions vested in the Secretary of State by Executive
Order No. 11312 are assigned and redelegated to the Director of the
International Communication Agency. All authority vested in the United
States Information Agency or its Director by Executive order is
reassigned and redelegated to the International Communication Agency or
its Director, respectively.
Sec. 3. In order to ensure appropriate coordination among the
Executive agencies, the Director of the International Communication
Agency shall exercise primary responsibility for Government-wide policy
guidance for international informational, educational, and cultural
activities, including exchange programs. The Director shall take into
account the statutory functions of the other concerned Executive
agencies.
Sec. 4. The Director of the International Communication Agency, with
the assistance of the Secretary of Education, shall prepare and submit
to the President the reports which the President is to transmit to the
Congress pursuant to Section 108(b) of the Mutual Educational and
Cultural Exchange Act of 1961, as amended (22 U.S.C. 2458).
Sec. 5. The functions vested in the President by Sections 108(c) and
108(d) of the Mutual Educational and Cultural Exchange Act of 1961, as
amended [22 U.S.C. 2458(c) and (d)], are delegated to the Director of
the International Communication Agency; because, (a) such a delegation
is in the interest of the purposes expressed in that Act and the
efficient administration of the programs undertaken pursuant thereto,
(b) the Director is an appropriate official to perform those functions,
and (c) those functions are not now delegated to any other officer of
the Government.
Sec. 6. The Director of the International Communication Agency shall
be the principal adviser to the President, the National Security
Council, and the Secretary of State on international informational,
educational, and cultural matters. As such, the Director shall provide
advice within the policy formulation activities of the National Security
Council when such matters are considered. The Director shall ensure that
the senior official of the Agency at each diplomatic mission provides
advice to the Chief of Mission on such matters. The scope of the
Director's advice shall include assessments of the impact of actual and
proposed United States foreign policy decisions on public opinion
abroad.
Sec. 7. The records, property, personnel, and unexpended balances of
appropriations, available or to be made available, which relate to the
functions transferred or reassigned, or redelegated as provided in this
Order, are hereby transferred to the Director of the International
Communication Agency.
Sec. 8. The Director of the Office of Management and Budget shall
make such determinations, issue such orders, and take all actions,
necessary or appropriate to effectuate the transfers or reassignments
provided in this Order, including the transfer of funds, records,
property, and personnel.
Sec. 9. This Order shall be effective on April 1, 1978.
Sec. 10. In accord with the name change provisions of Section 303 of
Public Law 97-241 [set out as a note above] and effective on August 24,
1982, references in this Order to the International Communication Agency
shall be deemed to be references to the United States Information
Agency.
[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.]