term of office any member may continue to serve until his successor is appointed and has qualified.

(e) The President shall designate a chairman for each Commission 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. (g) The Commissions are authorized to adopt such rules and regulations as they may deem necessary to carry out the authority conferred upon them by this title.

(h) The Department 19 is authorized to provide the necessary secretarial and clerical assistance for the Commissions.

RECOMMENDATIONS AND REPORTS

SEC. 603.35 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 19 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 19 for effectuating the purposes and objectives of this Act and the action taken to carry out such recommendations.

UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

SEC. 604.36 (a) ESTABLISHMENT.-(1) There is established an advisory commission to be known as the United States Advisory Commission on Public Diplomacy.

(2) The Commission shall consist of seven members appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor, business, and professional backgrounds. Not more than four members shall be from any one political party.

(3) The term of each member shall be 3 years, except that of the original seven appointments, two shall be for a term of 1 year and two shall be for a term of 2 years.

(4) Any member appointed to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member's term of office, such member may continue to serve until a successor is appointed and qualified.

36 22 U.S.C. 1468. This section has been repealed insofar as it related to the United States Advisory Commission on Educational Exchange, by Public Law 87-256 (75 Stat. 527).

36 22 U.S.C. 1469. Sec. 604 was amended and restated by soc. 206 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 51). Previously. sec. 604 was restated by sec. 213 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1376). It was added originally by sec. 203(f) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96–60; 93 Stat. 399).

(5) The President shall designate a member to chair the Commission.

(b) STAFF.-The Commission shall have a staff director who shall be appointed by the chairperson of the Commission. Subject to such rules and regulations as may be adopted by the Commission, the chairperson of the Commission may

(1) appoint such additional personnel for the staff of the Commission as the chairperson considers necessary; and

(2) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code.

(c) DUTIES AND RESPONSIBILITIES.-(1) The Commission shall formulate and recommend to the Director of the United States Information Agency, the Secretary of State, and the President policies and programs to carry out the functions vested in the Director or the Agency, and shall appraise the effectiveness of policies and programs of the Agency.

(2) The Commission shall submit to the Congress, the President, the Secretary of State, and the Director of the United States Information Agency annual reports on programs and activities carried out by the Agency, including appraisals, where feasible, as to the effectiveness of the several programs. The Commission shall also include in such reports such recommendations as shall have been made by the Commission to the Director for effectuating the purposes of the Agency, and the action taken to carry out such recommendations.

(3) The Commission may also submit such other reports to the Congress as it considers appropriate, and shall make reports to the public in the United States and abroad to develop a better understanding of and support for the programs conducted by the Agency. (4) The Commission's reports to the Congress shall include assessments of the degree to which the scholarly integrity and nonpolitical character of the educational and cultural exchange activities vested in the Director of the United States Information Agency have been maintained, and assessments of the attitudes of foreign scholars and governments regarding such activities.

(d) LIMITATION ON AUTHORITY.-The Commission shall have no authority with respect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO.

TITLE VII-APPROPRIATIONS

PRIOR AUTHORIZATION BY CONGRESS

SEC. 701.37 (a) Notwithstanding any provision of law enacted before the date of enactment of the United States Information Agency

37 22 U.S.C. 1476. Sec. 701 was amended and restated by sec. 3 of Public Law 93–168 (Nov. 29, 1973). It was previously amended and restated by sec. 107(d) of Public Law 92-226 (80 Stat. 35); further amended by adding last sentence by Public Law 92-352.

Appropriation Authorization Act of 1973, no money appropriated to carry out this Act shall be available for obligation or expenditure(1) unless the appropriation thereof has been previously authorized by law; or

(2) in excess of an amount previously prescribed by law.

(b) To the extent that legislation enacted after the making of an appropriation to carry out this Act authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall have no effect.

(c) The provisions of this section shall not be superseded except by a provision of law enacted after the date of enactment of the United States Information Agency Appropriation Authorization Act of 1973, which specifically repeals, modifies, or supersedes the provisions of this section.

(d) The provisions of this section shall not apply with respect to appropriations made available under the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1974, and for other purposes", approved July 1, 1973, and any provision of law specifically amending such joint resolution enacted through October 16, 1973.

(e) 38 The provisions of this section shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the United States Information Agency 19 as authorized by law.

(f) 39 (1) Subject to paragraphs (2) and (3), funds authorized to be appropriated for any account of the United States Information Agency in the Department of State and Related Agencies Appropriations Act, for the second fiscal year of any 2-year authorization cycle may be appropriated for such second fiscal year for any other account of the United States Information Agency.

(2) Amounts appropriated for the "Salaries and Expenses" and "Educational and Cultural Exchange Programs" accounts may not exceed by more than 5 percent the amount specifically authorized to be appropriated for each such account for a fiscal year. No other appropriations account may exceed by more than 10 percent the amount specifically authorized to be appropriated for such account for a fiscal year.

(3) The requirements and limitations of subsection (a) shall not apply to the appropriation of funds pursuant to this subsection. (4) This subsection shall cease to have effect after September 30, 1995.40

TRANSFER OF FUNDS

SEC. 702.41 The Secretary 19 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 19 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

38 Subsec. (e) was added by sec. 6 of Public Law 93-475 (88 Stat. 1439).

39 Sec. 2 of Public Law 102-499 (106 Stat. 3264) added subsec. (f).

40 Sec. 1(q) of Public Law 103-415 (108 Stat. 4301) struck out "1993" and inserted in lieu thereof "1995".

41 22 U.S.C. 1477.

fic authority contained in this Act or under the authority govg the activities of the Government agency to which a part of such appropriation is transferred, provided the activities come in the scope of this Act.

JTHORIZATION FOR GRANTS TO RADIO FREE EUROPE AND RADIO

LIBERTY

c. 703.42 There are authorized to be appropriated to the Secry of State $38,520,000 for fiscal year 1973 to provide grants, er such terms and conditions as the Secretary considers approte, to Radio Free Europe and Radio Liberty. There are further horized to be appropriated in fiscal year 1973 not to exceed 150,000 for nondiscretionary costs. Except for funds approated pursuant to this section, no funds appropriated after the e of this Act may be made available to or for the use of Radio ee Europe or Radio Liberty in fiscal year 1973.

NONDISCRETIONARY PERSONNEL COSTS AND CURRENCY

FLUCTUATIONS

SEC. 704.43 (a) Amounts appropriated for a fiscal year to carry at this Act are authorized to be made available until expended. (b) There are authorized to be appropriated for the United States formation Agency,44 in addition to amounts otherwise authorized › be appropriated for the Agency, such sums as may be necessary or any fiscal year for increases in salary, pay, retirement, and ther employee benefits authorized by law.

(c)(1) 45 In order to maintain the levels of program activity proided for by the annual authorizing legislation for the United States Information Agency,44 there are authorized to be approriated for the Agency such sums as may be necessary for any fiscal year to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, occurring after November 30 of the earlier of (A) 45 the calendar year which ended during the fiscal year preceding such fiscal year, or (B) 45 the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted.47

46

42 22 U.S.C. 1477a. Sec. 703 was added by Public Law 92-264 (86 Stat. 114); further amended when the second sentence was added by Public Law 93-59 on July 6, 1973.

43 22 U.S.C. 1477b. Sec. 704 was added by sec. 204(e) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400). Sec. 209 of Public Law 96-60 also provided that this amendment would be effective on October 1, 1979, and that the authority to expend appropriations "shall apply only with respect to funds appropriated after the date of enactment of this Act." (August 15, 1979).

44 Sec. 303(b) of Public Law 97-241 (96 Stat. 291) redesignated the International Communication Agency as the United States Information Agency and stated that any reference to the International Communication Agency in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding, shall be deemed to be a reference to the United States Information Agency. Sec. 303 also stated that references to the Director or other official of the International Communication Agency shall be deemed to refer to the Director or other official of the United States Information Agency.

45 Sec. 224 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 422), redesignated clauses (1) and (2) as clauses (A) and (B), respectively; inserted para. designation “(1)" in subsec. (c); and added new paras. (2) through (7).

46 The words or overseas wage and price changes," were added by sec. 112(b) of Public Law 97-241 (96 Stat. 278).

47 The words, to this point beginning with "earlier of (1)" were inserted in lieu of "preceding fiscal year" by sec. 112(b) of Public Law 97-241 (96 Stat. 278).

(2) 45 In carrying out this subsection, there may be established a Buying Power Maintenance account.

(3) 45 In order to eliminate substantial gains to the approved levels of overseas operations for the United States Information Agency, the Director shall transfer to the Buying Power Maintenance account such amounts appropriated for "Salaries and Expenses" as the Director determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices.

(4)45 In order to offset adverse fluctuations in foreign currency exchange rates or foreign wages and prices, the Director may transfer from the Buying Power Maintenance account to the "Salaries and Expenses" appropriations account such amounts as the Director determines are necessary to maintain the approved level of operations under that appropriation account.

(5) 45 Funds transferred by the Director from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Director from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended.

(6) 45 Any restriction contained in an appropriation Act or other provision of law limiting the amounts that may be obligated or expended by the United States Information Agency shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.

(7) 45 (A) Subject to the limitations contained in this paragraph, not later than the end of the 5th fiscal year after the fiscal year for which funds are appropriated or otherwise made available for the "Salaries and Expenses" account, the Director may transfer any unobligated balance of such funds to the Buying Power Maintenance account.

(B) The balance of the Buying Power Maintenance account may not exceed $50,000,000 as a result of any transfer under this paragraph.4

48

(C) Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 705 and shall be available for obligation or expenditure only in accordance with the procedures under such section.

48 Title III, chapter 2 of Public Law 103–211 (108 Stat. 27), rescinding certain budget authority, provided the following.

"DEPARTMENT OF STATE

"ADMINISTRATION OF FOREIGN AFFAIRS

"BUYING POWER MAINTENANCE
"(RESCISSION)

"Of the balances in the Buying Power Maintenance account, $8,800,000 are rescinded.".