section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) who have not received their initial baccalaureate degree or through other programs designed to promote contact between the young peoples of the United States, the independent states of the former Soviet Union,37 and Eastern European countries; 38 and

(9)36 the Arts America program which promotes a greater appreciation and understanding of American art abroad by supporting exhibitions and tours by American artists in other countries.

(b) 39 (1) All recipients of Fulbright Academic Exchange and Humphrey Fellowship awards shall have full academic and artistic freedom, including freedom to write, publish, and create. No award granted pursuant to this Act may be revoked or diminished on account of the political views expressed by the recipient or on account of any scholarly or artistic activity that would be subject to the protections of academic and artistic freedom normally observed in universities in the United States. The Board shall ensure that the academic and artistic freedoms of all persons receiving grants are protected.

(2) The J. William Fulbright Foreign Scholarship Board shall formulate a policy on revocation of Fulbright grants which shall be made known to all grantees. Such policy shall fully protect the right to due process as well as the academic and artistic freedom of all grantees.

(c) 38 The President shall insure that all programs under the authority of the Bureau shall maintain their nonpolitical character and shall be balanced and representative of the diversity of American political, social, and cultural life. The President shall insure that academic and cultural programs under the authority of the Bureau shall maintain their scholarly integrity and shall meet the highest standards of academic excellence or artistic achievement.

(d) 39 The Bureau shall administer no programs except those operating under the authority of this Act and consistent with its purposes.

(e) 40 There is established in the Bureau of Educational and Cultural Affairs an Office of Citizen Exchanges. The Office shall support private not-for-profit organizations engaged in the exchange of persons between the United States and other countries.

(f) 41 (1) The President shall ensure that all exchange programs conducted by the United States Government, its departments and

38 Sec. 223 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 56), added text to this point from "or through other programs”.

30 Sec. 204(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 50), redesignated subsec.(b) and (c) as (c) and (d), respectively, and added a new subsec. (b).

40 Sec. 222(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 55), added subsec. (e).

Sec. 222(b) of that Act provided that all functions carried out by the Office of Private Sector Programs be transferred to the Office of Citizen Exchanges.

41 Sec. 229(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 423), added subsec. (f). Sec. 229(b) of that Act further provided the following:

"(b) REPORT BY THE DIRECTOR OF USIA.-Not later than 120 days after the date of enactment of this Act, the Director of the United States Information Agency shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report

Continued

agencies, directly or through agreements with other parties, are reported at a time and in a format prescribed by the Director. The President shall ensure that such exchanges are consistent with United States foreign policy and avoid duplication of effort.

(2) Not later than 90 days after the date of enactment of this subsection, and annually thereafter, the President shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report pursuant to paragraph (1). Such report shall include information for each exchange program supported by the United States on the objectives of such exchange, the number of exchange participants supported, the types of exchange activities conducted, the total amount of Federal expenditures for such exchanges, and the extent to which such exchanges are duplicative.

SEC. 113.42 EXCHANGES BETWEEN THE UNITED STATES AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) The President is authorized to negotiate and implement agreements with the independent states of the former Soviet Union 43 under which repayments made by the independent states 44 on LendLease debts to the United States would be used to finance the exchange of persons between the United States and the independent states 45 for educational, cultural, and artistic purposes. Exchanges authorized pursuant to this section shall be administered subject to the provisions of this Act. Part of the funds repaid to the United States shall be in convertible currency for the purpose of paying the expenses associated with study and other exchange activities in the United States by citizens of the independent states.46

(b) Funds made available for the purposes of this section shall be available only to the extent and in the amounts provided for in an appropriation Act.

"(1) detailing the range of exchange programs administered by the Agency;
"(2) identifying possible areas of duplication of inefficiency; and

"(3) recommending program consolidation and administrative restructuring as warranted.".

42 22 U.S.C. 2461. Sec. 224 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 56), added sec. 113. Sec. 301(2XÁ) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) amended the section caption; it formerly read “UNITED STATES-SOVIET EXCHANGES.—”.

43 Sec. 301(2XB) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out "an agreement with the Union of Soviet Socialist Republics" and inserted in lieu thereof "agreements with the independent states of the former Soviet Union".

44 Sec. 301(2XC) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out "made by the Soviet Union" and inserted in lieu thereof "made by the independent states". 45 Sec. 30192XD) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out "and the Soviet Union" and inserted in lieu thereof "and the independent states".

46 Sec. 301(2XE) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out "by Soviet citizens in the United States" and inserted in lieu thereof "in the United States by citizens of the independent states".

b. Exchange Program With Countries in Transition From Totalitarianism to Democracy

Partial text of Public Law 101-610 [National and Community Service Act of 1990, S. 1430], 104 Stat. 3127 at 3186, approved November 16, 1990

AN ACT To enhance national and community service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "National and Community Service Act of 1990".

TITLE VI-MISCELLANEOUS PROVISIONS

SEC. 602. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM TOTALITARIANISM TO DEMOCRACY.

(a)1 AUTHORIZATION OF ACTIVITIES; GRANTS OR CONTRACTS FOR EXCHANGES WITH FOREIGN COUNTRIES.-Pursuant to the Mutual Educational and Cultural Exchange Act of 1961 and using the authorities contained therein, the President is authorized, when the President considers that it would strengthen international cooperative relations, to provide, by grant, contract, or otherwise, for exchanges with countries that are in transition from totalitarianism to democracy, which include, but are not limited to Poland, Hungary, Czechoslovakia, Bulgaria, and Romania—

(1) by financing studies, research, instruction, and related activities

(A) of or for American citizens and nationals in foreign countries; and

(B) of or for citizens and nationals of foreign countries in American private businesses, trade associations, unions, chambers of commerce, and local, State, and Federal Government agencies, located in or outside the United States; and

(2) by financing visits and interchanges between the United States and countries in transition from totalitarianism to democracy. The program under this section shall be coordinated by the United States Information Agency.

(b) TRANSFER OF FUNDS.-The President is authorized to transfer to the appropriations account of the United States Information Agency such sums as the President shall determine to be necessary out of the travel accounts of the departments and agencies of the

122 U.S.C. 2452a.

United States, except for the Department of State and the United States Information Agency, as the President shall designate. Such transfers shall be subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. In addition, the President is authorized to accept such gifts or cost-sharing arrangements as may be proffered to sustain the program under this section.

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88-541 95-33