II

106TH CONGRESS

2D SESSION S. 3251

To authorize the Secretary of State to provide for the establishment of

nonprofit entities for the Department’s international educational, cultural

and arts programs.

IN THE SENATE OF THE UNITED STATES

OCTOBER 26 (legislative day, SEPTEMBER 22), 2000

Mr. BIDEN introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To authorize the Secretary of State to provide for the establishment of nonprofit entities for the Department’s international educational, cultural and arts programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress makes the following findings:

5 (1) It is in the national interest of the United

6 Staes to promote mutual understanding between the

7 people of the United States and other nations.

8 (2) Among the means to be used in achieving

9 this objective are a wide range of international edu-
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1 cational and cultural exchange programs, including

2 the J. William Fulbright Educational Exchange Pro3 gram and the International Visitors Program.

4 (3) Cultural diplomacy, especially the presen5 tation abroad of the finest of America’s creative, vis6 ual and performing arts, is an especially affective

7 means of advancing the United States national in8 terest.

9 (4) The financial support available for inter10 national cultural and scholarly exchanges has de11 clined by approximately 10 percent in recent years.

12 (5) Funds appropriated for the purpose of en13 suring that the excellence, diversity and vitality of

14 the arts in the United States are presented to for15 eign audiences by and in cooperation with our diplo16 matic and consular representatives have declined

17 dramatically.

18 (6) One of the ways to deepen and expand cul19 tural and educational exchange programs is through

20 the establishment of nonprofit entities to encourage

21 the participation and financial support of multi22 national companies and other private sector contrib23 utors.

24 (7) The United States private sector should be

25 encouraged to cooperate closely with the Secretary of
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1 State and her representatives to expand and spread

2 appreciation of United States cultural and artistic

3 accomplishments.

4 SEC. 2. AUTHORITY TO ESTABLISH NONPROFIT ENTITIES.

5 Section 105(f) of the Mutual Educational and Cul6 tural Exchange Act of 1961, as amended, (22 U.S.C.

7 2255(f)) is further amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and by add9 ing at the end the following new paragraphs:

10 ‘‘(2) The Secretary of State is authorized to

11 provide for the establishment of private, nonprofit

12 entities to assist in carrying out the purposes of the

13 Act. Any such entity shall not be considered an

14 agency or instrumentality of the United States gov15 ernment, nor shall its employees be considered em16 ployees of the United States government for any

17 purposes.

18 ‘‘(3) The entities may, among other functions,

19 ‘‘(A) encourage participation and support

20 by United States multinational companies and

21 other elements of the private sector for cultural,

22 arts and educational exchange programs, in23 cluding those programs that will enhance inter24 national appreciation of America’s cultural and

25 artistic accomplishments;
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1 ‘‘(B) solicit and receive contributions from

2 the private sector to support these cultural arts

3 and educational exchange programs; and

4 ‘‘(C) provide grants and other assistance

5 for these programs.

6 ‘‘(4) The Secretary of State is authorized to

7 make such arrangements as are necessary to carry

8 out the purposes of these entities, including the so9 licitation and receipt of funds for the entity; des10 ignation of a program in recognition of such con11 tributions; and designation of members, including

12 employees of the United States government, on any

13 board or other body established to administer the

14 entity.

15 ‘‘(5) Any funds available to the Department of

16 State may be made available to such entities to

17 cover administrative and other costs for their estab18 lishment. Any such entity is authorized to invest any

19 amounts provided to it by the Department of State,

20 and such amounts, as well as any interest or earn21 ings on such amounts, may be used by the entity to

22 carry out its purposes.’’.

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