Smith Mundt Act
PUBLIC LAWS-CHS. 35,36JAN. 27,1948
thoroughly, once each year, the United States Soldiers9 Home, Washington,
District of Columbia, its records, accounts, management,
discipline, and sanitary condition, and shall report thereon in writing
to the Secretary of the Army, including in his report such suggestions
as he desires to make."
Appro~ed January 27, 1948.
[CHAPTER 361
Janusw 27,1948 AN ACT
[H. R. 33421 TO promote the better understanding of the United States among the peoples of
[Public Law 4021 the world and to strengthen cooperative international relations.
Be it enacted by th Senate and House of Represefitatiues of the
Ufi2'ted Xtates of America in Congress assembled,
TITILE I-SHORT TITLE, OBJECTIVES, AND
DEFINITIONS
SHORT 'ITTLE
,~$~d~~t~~~~: SECTION 1. This Act may be cited as the "United States Informational
Exchsnge ~ction and Educational Exchange Act of 1948". of 1948.
OBJECTIVES
Sm. 2. The Congress hereby declares that the objeckives of this Act
are to enable the Government of the United States 40 promote a better
understanding of the United States in other countries, and to increase
mutual understanding between the people of the Umted States and the
people of other countries. Among the means to be used in achieving
these objectives are-
(1) an information servica 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) an educational exchange service to cooperate with other
nations in-
(a) the interchange of persons, knowledge, and skills;
(b) the rendering of technical and other services;
(c) the interchange of developments in the field of education,
the arts, and sciences.
SEC. 3. 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.
SEC. 4. When used in this Act, the term-
"Secretary." "Secretary" means the Secretary of State.
"Department." "Department" means the Department of State.
"Go,pernment
agency.
"Government agency'' means any executive department, board,
agency of the Federal Government, or
or any corporation wholly owned (either
one or more corporations) by the United States.
TITLE 11-INTERCHANGE OF PERSONS, KNOWLEDGE
AND SKILLS
PERSONS
SEO. 201. The Secretary is authorized to provide for interchanges post, P. 227.
on a reciprocal basis between the United States and other countries
of students, trainees, teachers, guest instructors, professors, and leaders
in fields of specialized knowledge or skill and shall wherever possible
provide these interchanges by using the services of existing
reputable agencies which are successfully engaged in such activity.
The Secretary may provide for orientation courses and other appropriate
services for such persons from other countries upon their arrival
in the United States, and for such persons going to other countries
from the United States. When any country fails or refuses to cooper- ,,$,"D",%,":pT"g!'"'
ate in such program on a basis of reciprocity the Secretary shall terminate
or limit such program, with respect to such country, to the
extent he deems to be advisable in the interests of the United States.
The persons specified in this section shall be admitted as nonimmigrant ,,&:z$g Of pervisitors
for business under clause 2 of section 3 of the Immigration
Act of 1924, as amended (43 Stat. 154; 8 U. S. C. 203), for such time
and under such conditions as may be prescribed by regulations promulgated
by the Secretary of State and the Attorney General. A ityDepo*ationauthorperson
admitted under this section who fails to maintain the status
under which he was admitted or who fails to depart from the United
States at the expiration of the time for which he was admitted, or
who engages in activities of a political nature detrimental to the interests
of the United States, or in activities not consistent with the
security of the United States, shall, upon the warrant of the Attorney
General, be taken into custody and promptly deported pursuant to
section 14 of the Immigration Act of 1924 (43 Stat. 162, 8 U. S. C.
214). Deportation proceedings under this section shall be summary
and the findings of the Attorney General as to matters of fact shall
be conclusive. Such persons shall not be eligible for suspension of
deportation under clause 2 of subdivision (c) of section 19 of the
Immigration Act of February 5, 1917 (54 Stat. 611, 56 Stat. 1044; P0St>P.120e.
8 U. S. C. 155).
BOOKS AND MATF,FiIALS
SED. 202. 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
Sm. 203. 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 111-ASSIGNMENT OF SPECIALISTS
PERSONS TO BE ASSIGNED
SEU. 301. The Secretary is authorized, when the government of m~oattp.znanother
country is desirous of obtaining the services of a person having
PUBLIC LAWS-CH. 36-JAN. 27,1948
special scientiiic or other technical or professional qualifications, from
time to time to assign or authorize the assignment for service, to or in
cooperation with such government, any citizen of the United States
in the employ or service of the Government of khe 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 Secretary finds that such assignment is necessary
in lthe 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.
STAlW8 AND ALLOWANCES
SEC. 302. Any citizen of lthe United States, while assigned for
service to or in cooperation with another government under the authority
of this Act, shall be cons:-dered, 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 replations as the
President may prescribe, representation allowances s~milar to those
allowed under section 901 (3) of the Foreign Service Act of 1946
80 Stat. 10%.
22u. s. a. $1131 (3). (60 Stat. 999). 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 1765
5 U- " 0. $70. of the Revised Statutes.
ACCEPTaNCE OF OFFICE UNDER ANOTHER GOVERNMENT
Restriction.
SEO. 303. Any citizen of the United States 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 Secretary, 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, including 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 GOVEENMEMT
AGENCIES
GENERAL AUTHORITY
SEO. 401. The Secretary 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 Govern-
ment agencies. Whenever the Secretary shall use the services, facilities,
or personnel of any Government agency for activities under
authority of this Act, the Secretary shall pay for such performance
out of funds available to the Secretary under this Act, either in
advance, by reimbursement, or direct transfer. The Secretary shall Reporttoaongr~.
include in each report submitted to the Congress under section 1008 AWJ*~-~~.
a statement of the services, facilities, and personnel of other Government
agencies utilized in carrying on activities under the authorit
of this Act, showing the names and salaries of the personnel utilize4
or performing services utilized, during the period wvered by such
report, and the amounts aid to such other agencies under this section
as payment for such per P ormance.
TECHNICAL AND CWEER SBRVICES
SE~. 402. A Government agency, at the request of the Secretary,
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 and to the head of the Government agency,
when it is determined by the Secretary 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.
Sw. 403. In authorizing the performance of technical and other services
under this title, it is the sense of the Congress (1) that the Secretary
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 b qualified private American
individuals and agencies and such quali h ed 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 dtates, 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 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 I11
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
Limitation on serv- ices relating to public works.
SEC. 501. 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
PUBLIC LAWS-CH. 36-JAN. 27,1948
press Availability releases, etc. of media, and through information centers and instructors abroad. 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.
POLICIES GOVERNING IWPORMATION AOI?VITIES
SEC. 502. In authorizing international information activities under
this Act, it is the sense of the Congress (1) that the Secretary shall
reduce such Government information activities whenever corresponding
private information dissemination is found to be adequate; (2) that nothing in this Act shall be construed to give the Department a
monopoly in the production or sponsorship on the air of short-wave
broadcasting programs, or a monopoly m any other medium of
information.
60 Stat. 764.
M) U. 8. C.
50 1619, 1611.
Term of offics.
TITLE VI-ADVISORY COMMISSIONS TO FORMULATE
POLICIES
SEO. 601. There are hereby created two advisory commissions, (1)
United States Advisory Commission on Informat~on (hereinafter in
this title referred to as the Commission on Information) and (2)
United States Advisory Commission on Educational Exchange (hereinafter
in this title referred to as the Commission on Educational
Exchange) to be constituted as provided in section 602. The Commissions
shall formulate and recommend to the Secretary policies and
programs for the carrying out of this Act: Provided, however, That
the commissions created by this section shall have no authority aver
the Board of Foreign Scholarships or the program created by Public
~PP. Law 584 of the Seventy-ninth Congress, enacted August 1, 1946, or the United States National Commission for UNESCO.
MEMBERSHIP OF TRE COMMISSIONS ; GENF,RAL PROVISIONS
SEC. 602. (a) Each Commission shall consist of five members, not
more than three of whom shall be from any one political party.
Members shall be appointed by the President, by and with the advice
and consent of the Senate. No person holding any compensated Federal
or State office shall be eligible for appointment.
(b) The members of the Commission on Information shall represent
the public interest, and shall be selected from a cross section of professional,
business, and public service backgrounds. (c) The members of the Commission on Educational Exchange shall
represent the public interest and shall be selected from a cross section
of educational, cultural, scientific, technical, and public service backgrounds.
(d) The term of each member appointed under subsection (a) of
this section shall be three years, except that the terms of office of such
members first taking office on each Commission shall expire, as designated
by the President at the time of appointment, two at the end of
one year, two at the end of two years, and one at the end of three years
from the date of the enactment of this Act. Any member appointed
to fill a vacancy occurring prior to the expiration of the term for which
his predecessor is appointed shall be appointed for the remainder of
such term. Upon the expiration of his term of o6ce any member may
continue to serve until his successor is appointed and has qualified.
80T~ GONG., 2n SESS.-CH. 36JAN. 27, 1948
(e) The President shall designate a chairman for each Commission Chairman.
from among members of the Commission.
(f) The members of the Commissions shall receive no compensation
for their services as such members but shall be entitled to reimbursement
for travel and subsistence in connection with attendance of meetings
of the Commissions away from their places of residences, as
provided in subsection (6) of section 801 of this Act. post, p. 12.
(g) The Commissions are authorized to adopt such rules and regu- and regu1a.
lations as they may deem necessary to carry out the authority conferred
upon them by this title.
(h) The Department is authorized to provide the necessary secretarial
and clerical assistance for the Commissions.
RECOMMENDATIONS AND REPORTS
Sm. 603. The Commissions shall meet not less frequently than once
each month during the first six months after their establishment, and
thereafter at such intervals as the Commissions find advisable, and
shall transmit to the Secretary a quarterly report, and to the Congress
a semiannual report of all programs and activities carried on
under the authority of this Act, including appraisals, where feasible,
as to the effectiveness of the several programs, and such recommendations
as shall have been made by the Commissions to the Secretary
for effectuating the purposes and objectives of this Act and the action
taken to carry out such recommendations.
TITLE VII-APPROPRIATIONS
GENERaL AUTHORIZATION
SEU. 701. Appropriations to carry out the purposes of this Act are Post? pp.2'&312-
hereby authorized.
TRANSFm OF FUNDS
SEO. 702. The Secretary shall authorize the transfer to other Government
agencies for expenditure in the United States and in other
countries, in order to carry out the purposes of this Act, any part
of any appropriations available to the Department for carrying out
the purposes of this Act, for direct expenditure or as a working fund,
and any such expenditures may be made under the specific authority contained in this Act or under the authority governing the activities
of the Government agency to which a part of any such appropriation
is transferred, provided the activities come within the scope of this
Act.
TITLE VIII-ADMINISTRATIVE PROCEDURES
THE SECRETARY
SEC. 801. In carrying out the purposes of this Act, the Secretary is
authorized, in addition to and not in limitation of the authority
otherwise vested in him-
(1) In carrying out title II of this Act, within the limitation
of such appropriations as the Congress may provide, to make
grants of money, services, or materials to State and local governmental
institutions in the United States, to governmental institutions
in other countries, and to individuals and public or private
nonprofit organizations both in the United States and in other
countries ;
Grants of funds, eta
Ante, p. 7.
PUBLIC LAWS-CH. 36-JAN. 27,1948
Radio facilities
Ante. P. 9.
40 Stat. 1270.
Advisory committees.
44 stat. 888. 6 U. 9. 0. $821.
(2) to furnish, sell, or rent, by contract or otherwise, educational
and information materials and equipment for dissemination
to, or use by, peoples of foreign countries;
(3) whenever necessary in carrying out title V of this Act,
to purchase, rent, construct, improve, maintain, and operate
facilities for radio transmission and reception, including the
leasing of real propert both within and without the continental
limits of the United s" tates for periods not to exceed ten years,
or for longer periods if provided for by the appropriation Act;
(4) to provide for printing and binding outside the continental
limits of the United States without regard to section I1 of the
Act of March 1,1919 (44 U. A. C. 111) ;
(5) to employ, without regard to the civil-service and classification
laws, when such employment is provided for by the
appropriation Act, (i) persons on a temporary basis, and (ii)
aliens within the United States, but such employment of aliens
shall be limited to services related to the translati?n or narration
of coll uial speech in foreign languages when suitably qualified
United ('8 tates citizens are not available ; and
(6) to create, with the approval of the Commission on Information
and the Commission on Educational Exchange, such
advisory committees as the Secretary may decide to be of assistance
in formulating his policies for carrying out the purposes of this
Act. No committee member shall be allowed any salary or other
compensation for services; but he may be paid his actual transportation
expenses, and not to exceed $10 per diem in lieu of
subsistence and other expenses, while away from his home in
attendance upon meetings within the Unlted States or in consultation
with the Department under instructions.
GOVERNMENT AGENCIES
SEC. 802. In carrying on activities which further the purposes of
this Act, subject to approvaI of such activities by the Secretary, the
Depart,ment and the other Government agencies are authorized-
(1) to place orders and make purchases and rentals of materials
and equipment ; -
(2) to make contracts, including contracts with governmental
agencies. foreim or domestic, including subdivisions thereof. and
i&ergovkrnm&tal ornanizations of wKich the United states is a
membuer, and, with rgspect to contracts entered into in foreign
countries, without regard to section 3141 of the Revised Statutes
(41 U. 8. 6. 22) ;
(3) under such regulations as the Secretary ma prescribe, to
pay the transportation expenses, and not to excee%$l0 per diem
in lieu of subsistence and other expenses, of citizens or subjects of
other countries, without regard to the Standardized Government
grave1 Regulations and the Subsistence Act of 1926, as amended;
and
(4) to make grants for, and to pay expenses incident to, training
and study.
MAXIMUM USE OF EXISTING GOVERNMENT PROPERTY AND FACILITlEk3
SEO. 803. In carrying on activities under this Act which require the
utilization of Government property and facilities, maximum use shall
be made of existing Government property and facilities.
TITLE HX-FUNDS PROVIDED BY OTHE'R SOURCES
REIMBURSEMENT
SEC. 901. The Secretary shall, when he finds it in the public interest,
request and accept reimbursement from any cooperating governmental
or private source m a fo~eign country, or from State or local governmental
institutions or prlvate sources in the United States, for all or
part of the expenses of any portion of the program undertaken hereunder.
The amounts so received shall be covered into the Treasury
as miscellaneous receipts.
ADVANCE OF FUNDS
SEC. 902. If any other government shall express the desire to provide
funds, property, or servlces to be used by this Government, in whole
or in part, for the expenses of any specific part of the program undertaken
pursuant to this Act, the Secretary is authorized, when he hds
it in the public interest, to accept such funds, property, or services.
Funds so received may be established as a special deposlt account in
the Treasury of the United States, to be available for the spec~fied
purpose, and to be used for reimbursement of appropriations or direct
expenditure, subject to the provisions of this Act. Any unexpended
balance of the special deposit account and other property received
under this section and no longer required for the purposes for which
provided shall be returned to the government providing the funds or
property.
TITLE X-MISCELLANEOUS
LQYALTY CHFCE ON PERSONNEL
SEO. 1001. No citizen or resident of the United States, whether or
not now in the em loy of the Government, may be employed or assigned
to duties by the 8 overnment under this Act until such individual has
been investigated by the Federal Bureau of Investigation and a report
thereon has been made to the Secretary of State: Provided, however,
That any present employee of the Government, pending the report as
to such employee by the Federal Bureau of Investigation, may be employed
or assigned to duties under this Act for the period of six
months from the date of its enactment. This section shall not apply
in the case of any officer appointed by the President by and with the
advice and consent of the Senate.
DELEGATION OF AUTHORITY
SEC. 1002. The Secretary may delegate, to such officers of the Government
as the Secretary determines to be appropriate, any of the
powers conferred upon him by this Act to the extent that he finds
such delegation to be in the interest of the purposes expressed in this
Act and the efficient administration of the programs undertaken pursuant
to this Act.
RESTlUF INIVKMA'lTON
SEU. 1003. Nothing in this Act shall authorize the disclosure of any
information or knowledge in any case in which such disclosure (1) is
prohibited by any other law of the United Stab, or (2) is inconsisbnt
with the security of the United States.
REPEAL OF ACT OF MAY 25, 1938, AS AMJ3NDED
Employment pend-' ing report of FBI.
SEC. 1004. (a) The Act of May 25,1938, entitled "An Act authorizing
the temporary detail of United States employees, possessing special
PUBLIC LAWS-CH. 3GJA.N. 27,1948
qualifications, to overnments of American Re ublics and the Philip 6u.s.O. fllh pines, and for ot a er purposes," as amended r55? Stat. 442; 53 Stat.
652 , is hereby repealed. Executive orders ma regulations. (b) Existing Executive orders and regulations pertaining to the
administration of such Act of May 25,1938, as amended, shall remain
in effect until superseded by regulations prescribed under the provisions
of this Act.
u. O. sao1 et
w. (:) Any reference in the Foreign Service Act of 1946 (60 Stat. 999), or in any other law, to provisions of such Act of May 25, 1938, as
amended, shall be construed to be applicable to the appropriate proA"tc*
pp. 7* 13. visions of titles I11 and IX of this Act.
UTILIZATION OF PRIVATE AGENCIES
SEO. 1005. In carrying out the provisions of this Act it shall be
the duty of the Secretary to utilize, to the maximum extent practicable,
the services and facilities of private agencies, including existing Amercan
press, publishing, radio, motion picture, and other agencies,
through contractual arrangements or otherwise. It is the intent of
Congress that the Secreta shall encourage participation in carrying
out the purposes of this yct by the maximum number of different
private agencies in each field consistent with the present or potential
market for their services in each country.
TERMINATION PURSUANT TO CONCURRENT RESOLUTION OF CONGRESS
SEC. 1006. The authority granted under this Act shall terminate
whenever such termination is directed by concurrent resolution of the
two Houses of the Congress.
SEC. 1007. NO provision of this Act shall be construed to modify or
68 Stat. 387.
5 U. 8. c. $5851- to repeal the provisions of the Veterans' Preference Act of 1944.
869; Supp. I, $5 852
note, 863.
Ante, p. 3; so&, pp.
REPORTS TO CONGRESS
676,1233. SEC. 1008. The Secretary shall submit to the Congress semiannual
reports of expenditures made and activities carried on under authority
of this Act inclusive of appraisals and measurements, where feasible,
as to the ekectiveness of the several programs in each country where
conducted.
REGULATORY PROVISIONS TO APPLY TO ALL INTERNATIONAL INFORMATION
AOTIVITIES AND EDUCATIONAL EXCHANGES OF BTATE DEPARTMENT
SEO. 1009. All provisions in this Act regulating the administration
of international information activities and educational exchan es
provided herein, shall apply to all such international activities un er
jurisdiction of the Department of State.
%
SEPARBBILITY OF PROVISIONS
SEO. 1010. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such
provision to other persons or circumstances shall not be affected
thereby.
Approved January 27, 1948.
