NOTE 4

This section simply vests in the Director of the new Agency

basically the same authority now possessed by the USLA Director under Section 3(a) of Reorganization Plan No. 8 of 1953.

NOTE 5

This section gives to the Director of the new Agency express authority (under the direction of the Secretary of State) to negotiate agreements (e.g., treaties and executive agreements) with representatives of foreign states or international organizations on matters for which responsibility is vested in the Director or the new Agency. In essence, the section formalizes authority exercised in the past by the State Department's Bureau of Educational and Cultural Affairs, with respect to treaties and executive agreements, and USIA, with respect to executive agreements. This is virtually the same type of authority now possessed by the Director of the Arms Control and Disarmament Agency under 22 U.S. C. 2574.

NOTE 6

The United States Information and Educational Exchange Act of 1948, as amended (Public Law 80-402, 62 Stat. 6, 22 U.S. C. 14311479) is one of two principal statutes on which the activities of USLA are based pursuant to Reorganization Plan No. 8 of 1953. The most relevant and important sections of the 1948 Act are 202 and 203 (22 U.S. C. 1447-1448) and 501 (22 U.S. C. 1461).

Section 202 of the 1948 Act authorizes the Secretary of State to provide for the interchange between the United States and other countries of books and periodicals, for their translation, and for the preparation, distribution, and interchange of other educational materials. This authority was delegated to the USIA Director by Section 2(a)(1) of Reorganization Plan No. 8 of 1953.

Section 203 of the 1948 Act authorizes the Secretary of State 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." Section 2(a)(1) of Reorganization Plan No. 8 of 1953 also delegated this authority to the USIA Director with respect to "libraries and community centers." (The authority contained in Section 203 to provide assistance to schools was repealed by Section 111(a)(2) of the Mutual Educational and Cultural Exchange Act of 1961, as amended,

Public Law 87-256, 75 Stat. 527. Such authority is now provided in Section 102(b)(3) of the 1961 Act, 22 U.S.C. 2452(b)(3).)

Section 501 of the 1948 Act authorizes the Secretary of State 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." In addition, this section generally prohibits the dissemination of any such information within the United States, its territories or possessions. Section 2(a)(1) of Reorganization Plan No. 8 of 1953 also delegated this authority (and the concomitant restriction on domestic dissemination)

to the USLA Director.

The 1948 Act also created the United States Advisory Commission on Information, which is being abolished and replaced by this Reorganization Plan. See Note 30 for a description of this Advisory Commission, its functions and its membership.

It will be noted that the Reorganization Plan does not transfer to the Director of the new Agency certain functions vested in the President by Sections 302, 401 and 602 of the 1948 Act.

Section 302 provides that the President may prescribe for U.S. citizens assigned for service to or in cooperation with other governments representation allowances similar to those provided Foreign

Service officers and employees under Section 901(3)

901

of the Foreign Service Act of 1946 (22 U.S. C. 1131).
Section 401 requires the President's approval for the utilization

of the services, facilities and personnel of other Government agencies in carrying on any activity under the authority of the 1948 Act.

Section 602 provides that the President shall appoint the members and designate the chairman of the United States Advisory Commission on Information (which, as stated above, is being abolished by this Reorganization Plan).

NOTE 7

The Mutual Educational and Cultural Exchange Act of 1961, as amended (P. L. 87-256, 75 Stat. 527, 22 U.S.C. 2451 et seq.), is the second of two principal statutes on which the activities of USIA are based. This Act, which complements the United States Information and Educational Exchange Act of 1948, consolidated various educational and cultural exchange activities previously contained in other laws. It also broadened certain activities, added several new ones, and gave additional emphasis to participation by the Government in international trade fairs and expositions abroad.

Essentially, the 1961 Act vested all of the functions authorized thereby in the President. The President, in turn, provided for the delegation of many of these functions by issuing Executive Order 11034 of June 25, 1962, as amended.

Section 4 of E.O. 11034 delegates the functions provided for in Section 102(b)(6) of the Act to the Secretary of Health, Education and Welfare. Section 102(b)(6) provides for promoting modern foreign language training and area studies in U.S. schools by supporting visits and study abroad by U.S. teachers in order to improve their language skills, and by financing visits by teachers from abroad to the U.S. to participate in foreign language training and area studies in U. S. educational institutions.