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b. United States Information Agency Authorization, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647 at 691, approved October 28, 1991; amended by Public Law 102-511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved October 24, 1992

NOTE.-Sections of this title amend State Department, USIA, and other foreign affairs legislation and are incorporated in the appropriate Acts.

AN ACT To authorize appropriations for fiscal years 1992 and 1993 for the
Department of State, and for other purposes.

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

TITLE II-UNITED STATES INFORMATIONAL,
EDUCATIONAL, AND CULTURAL PROGRAMS

PART A-UNITED STATES INFORMATION AGENCY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.-The following amounts are authorized to be appropriated for the United States Information Agency (other than for the Voice of America) to carry out international information, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, and to carry out other authorities in law consistent with such purposes:

(1) SALARIES AND EXPENSES.-For "Salaries and Expenses", $423,827,500 for the fiscal year 1992 and $451,294,000 for the fiscal year 1993.

(2) 2 OFFICE OF THE INSPECTOR GENERAL.-For "Office of the Inspector General" $4,206,000 for the fiscal year 1992 and $4,420,000 for the fiscal year 1993.

'The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 821), provided $691,725,000, for salaries and expenses, with several provi

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The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1870), provided $736,593,000, for salaries and expenses, with several provisos. See page 888.

2 The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided $4,206,000, for Office of Inspector General.

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(3) 3 NATIONAL ENDOWMENT FOR DEMOCRACY.-For "National Endowment for Democracy", $25,000,000 for the fiscal year 1992 and $31,250,000 for the fiscal year 1993.

(4) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND WEST.-For "Center for Cultural and Technical Interchange between East and West", $24,500,000 for the fiscal year 1992 and $26,000,000 for the fiscal year 1993. (b) AUTHORIZATION WITHIN "SALARIES AND EXPENSES" ACCOUNT. Of the amount authorized to be appropriated by subsection (a)(1), $284,000 is authorized for the fiscal year 1992 for the establishment and operation of a United States Information Agency office in Vientiane, Laos, pursuant to section 216 of this Act, and $307,000 is authorized for fiscal year 1993 for the continued operation of such office.

SEC. 206.5 USIA POSTS AND PERSONNEL OVERSEAS. * *

(b) 6 REDUCTIONS IN AMERICAN EMPLOYEES.-Reductions may not be made in the number of positions filled by American employees of the United States Information Agency stationed abroad until the number of such employees is the same percentage of the total number of American employees of the Agency as the number of American employees of the Agency stationed abroad in 1981 was to the total number of American employees at the Agency at the same time in 1981.

(c) REPEAL.-Section 204 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 1461 note) is repealed."

SEC. 207.8 IMPLEMENTATION OF BEIRUT AGREEMENT. ***

SEC. 208.9 CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH AND SOUTH. *

SEC. 210.1o CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM.

(a) PURPOSE.—It is the purpose of this section to provide Federal financial assistance to facilitate a program to enable high school

The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1870), provided $4,390,000.

3 The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 823), provided $27,500,000 for USIA grants to the National Endowment for Democracy.

The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1872), provided $30,000,000 for USÍA grants to the National Endowment for Democracy.

The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 823), provided $24,500,000, for USIA grants to the East-West Center.

The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1872), provided $26,000,000, for USIA grants to the East-West Center. Sec. 206(a) added a new sec. 812 to the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475g). For text, see page 831.

22 U.S.C. 1475g note.

Sec. 204 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204), relating to USIA posts and personnel overseas, was waived during fiscal years 1988 and 1989 by sec. 305 of the Department of State Appropriations Act, 1988 (sec. 101(a) of Public Law 100-202; 101 Stat. 1329).

Sec. 207 amended Public Law 89-634 (80 Stat. 879). For text, see page 980.

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and college students from emerging democracies, who are visiting the United States, to spend from one to two weeks in Washington, District of Columbia, observing and studying the workings and operations of the democratic form of government of the United States.

(b) GRANTS.-The Director of the United States Information Agency is authorized to make grants to the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation to carry out the purpose specified in subsection (a).

(c) 11 AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated $1,000,000 for fiscal year 1992 to carry out this section, of which not more than $500,000 is authorized to be available for obligation or expenditure during that fiscal year. Amounts appropriated pursuant to this subsection are authorized to be available until expended.

SEC. 211. PROGRAM REVIEW OF NED.

(a) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.-In addition to amounts authorized to be appropriated under section 201(3), after the submission of the report under subsection (b), there are authorized to be appropriated for the National Endowment for Democracy $5,000,000 for fiscal year 1992.

(b) REPORTING REQUIREMENT.-The National Endowment for Democracy shall submit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a comprehensive report concerning the actions of the National Endowment for Democracy and certain grantees (the Free Trade Union Institute, the Center for International Private Enterprise, the National Republican Institute for International Affairs, and the National Democratic Institute for International Affairs) to comply with the recommendations of the General Accounting Office report of March 1991, entitled "Promoting Democracy: National Endowment for Democracy's Management of Grants Needs Improvement".

(c) GENERAL ACCOUNTING OFFICE REPORT.-Not more than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives an evaluation of the actions taken by the National Endowment for Democracy and certain grantees to comply with the General Accounting Office report of March 1991. (d) ANNUAL AUDIT.-Section 504(g) of the National Endowment for Democracy Act (22 U.S.C. 4413) is amended by striking out "may also" and inserting in lieu thereof "shall".

22 U.S.C. 2075. For text of sec. 208, the "North/South Center Act of 1991", see page 970. 10 22 U.S.C. 2452 note.

11 The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided under educational and cultural exchange programs, that "$1,000,000 shall be available for the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation".

The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under educational and cultural exchange programs, that "$200,000 shall be available for the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation and $600,000 shall be available for the Institute for Representative Government.".

(e) SENSE OF CONGRESS ON PRIVATE DONATIONS.-It is the sense of the Congress that the National Endowment for Democracy should make every effort to solicit private contributions to realize the purposes of the Endowment as set forth in section 502(b) of the National Endowment for Democracy Act.

SEC. 212.12 USIA GRANTS.

(a) COMPETITIVE GRANT PROCEDURES.-Except as provided in subsection (b), the United States Information Agency shall work to achieve full and open competition in the award of grants.

(b) EXCEPTIONS.-The United States Information Agency may award a grant under procedures other than competitive procedures when

(1) a grant is made under the Mutual Educational and Cultural Exchange Act of 1961 (commonly known as the Fulbright-Hays Act) or any statute which expressly authorizes or requires that a grant be made with a specified entity;

(2) the terms of an international agreement or treaty between the United States Government and a foreign government or international organization have the effect of requiring the use of procedures other than competitive procedures;

(3) a recipient organization has developed particular expertise in the planning and administration of longstanding exchange programs important to United States foreign policy; or (4) introducing competition would increase costs.

(c) COMPLIANCE WITH GRANT GUIDELINES.

(1) After October 1, 1991, grants awarded by the United States Information Agency shall substantially comply with United States Information Agency grant guidelines and applicable circulars of the Office of Management and Budget.

(2) If the Agency determines that a grantee has not satisfied the requirement of paragraph (1), the United States Information Agency shall notify the grantee of the suspension of payments under a grant unless compliance is achieved within 90 days of such notice.

(3) The Agency shall suspend payments under any grant which remains in noncompliance 90 days after notification under paragraph (2).

(d) REPORT TO CONGRESS.-Not later than 90 days after the date of the enactment of this Act, the Director of the United States Information Agency shall submit a detailed report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on United States Information Agency action to comply with subsection (a).

SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES INFORMATION AGENCY PHOTOGRAPHIC WORKS OF RICHARD SAUNDERS.

(a) DISTRIBUTION TO THE SCHOMBURG CENTER FOR BLACK STUD IES. Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1(a)) and the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)—

12 22 U.S.C. 1475h.

(1) the Director of the United States Information Agency shall make available to the Schomburg Center for Black Studies, New York, New York, master copies of the United States Information Agency photographic works of Richard Saunders, a former employee of the United States Information Agency; and

(2) the Schomburg Center for Black Studies, New York, New York, shall reimburse the Director of the United States Information Agency for any expenses of the Agency in making such master copies.

(b) REIMBURSEMENT.-Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency.

SEC. 214.10 ISRAELI ARAB SCHOLARSHIP PROGRAM.

(a) ESTABLISHMENT.-Subject to the availability of funds under subsection (d), there is established in the United States Information Agency a fund to be known as the Israeli Arab Scholarship Fund (hereinafter in this Act referred to as the "fund"). The income from the fund shall be used for a program of scholarships for Israeli Arabs to attend institutions of higher education in the United States to be known as the Israeli Arab Scholarship Program (hereinafter in the section referred to as the "program"). The fund and the program shall be administered by the United States Information Agency in accordance with this section and the Mutual Educational and Cultural Exchange Act of 1961. The fund may accept contributions and gifts from public and private sources.

(b) ADMINISTRATION OF THE FUND.-It shall be the duty of the Director of the United States Information Agency to invest in full amounts made available to the fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund.

(c) APPROPRIATIONS FROM THE FUND.-For each fiscal year, there is authorized to be appropriated from the fund for the Israeli Arab Scholarship Program the interest and earnings of the fund.

(d) FUNDING.-Amounts made available under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (as amended by section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991), are authorized to be appropriated to the fund.13

13 Sec. 556 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1237), as amended, provided the following:

"MIDDLE EAST REGIONAL COOPERATION AND ISRAELI-ARAB SCHOLARSHIPS

"SEC. 556. (a) Middle East regional cooperative programs which have been carried out in accordance with section 202(c) of the International Security and Development Cooperation Act of 1985 shall continue to be funded at a level of not less than $7,000,000 from funds appropriated under the heading 'Economic Support Fund'.

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