and other property, from persons, corporations, foundations, and all other groups and entities both within the United States and abroad, and, pursuant to the Federal Property Administrative Services Act of 1949, as amended, to use, sell, or otherwise dispose of such property for the carrying out of its functions. For the purposes of sections 170, 2055, and 2522 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 170, 2055, or 2522), the Board shall be deemed to be a corporation described in section 170(cX2), 2055(a)(2), or 2522(a)(2) of the Code, as the case may be.

AUTHORIZATION OF APPROPRIATIONS

SEC. 8.24 (a)(1) 25 There are authorized to be appropriated to carry out the purposes of this Act and the Inspector General Act of 1978

(A) $212,491,000 for fiscal year 1992 and $221,203,000 for fiscal year 1993 (at April 2, 1991 exchange rates) and such additional amounts for each such fiscal year as may be necessary to offset adverse fluctuations in foreign currency exchange rates; and

(B) such additional amounts for any fiscal year as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law.

(2) In order to maintain the level of operations authorized under paragraph (1) for RFE/RL, Incorporated, there are authorized to be appropriated such additional amounts as may be necessary for any fiscal year to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes,26 occurring after November 30 of the earlier of (A) the calendar year which ended during the fiscal year preceding such fiscal year, or (B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted. 27 Amounts appropriated under this paragraph shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines (and so certifies to the Congress) is necessary, because of such fluctuations or such

24 22 U.S.C. 2877. Title V the Departments of Commerce, Justice, and State, the Judiciary. and Related Agencies Appropriations Act, 1993 (Public Law 102-395; 106 Stat. 1869) provided the following:

"BOARD FOR International Broadcasting

"GRANTS AND EXPENSES

"For expenses of the Board for International Broadcasting, including grants to Radio Free Europe/Radio Liberty, Incorporated as authorized by the Board for International Broadcasting Act of 1973, as amended (22 U.S.C. 2871-2883), $220,000,000, of which not to exceed $52,000 may be made available for official reception and representation expenses.".

See also sec. 307 of the BIB Authorization Act, Fiscal Years 1984 and 1985, which placed restrictions on the use of funds authorized in sec. 8(aX1XA) of this Act, page 1026.

Authorization figures in recent years included the following: fiscal year 1979 $88,180,000; fiscal year 1980 $81,917,000; fiscal year 1981-$86,787,000; fiscal year 1982-886,519,000, fiscal year 1983 $111,600,000; fiscal year 1984 $106,055,000; fiscal year 1985 $111,251,000, fiscal year 1986 $125,000,000; fiscal year 1987-$125,000,000; fiscal year 1888 $186,000,000, fiscal year 1989 $207,424,000; fiscal year 1990-$180,330,000; fiscal year 1991-$187,543,000.

25 Sec. 241(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 704), amended and restated sec. 8(a)1).

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

27 The words to this point beginning with "earlier of (A) the calendar year *" were inserted in lieu of the words "preceding fiscal year" by sec. 112(c) of Public Law 97-241 (96 Stat. 278)

changes, 28 in order to maintain the level of operation authorized under paragraph (1) for RFE/RL, Incorporated.

(3) Amounts appropriated under this subsection are authorized to be made available until expended.

(4) 29 The authorities of paragraph (1) may be exercised only in such amounts and to such extent as provided for in advance in an appropriations Act.

(b) 30 Beginning with fiscal year 1983, any amount appropriated under subsection (a)(1), which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for RFE/RL, Incorporated, shall be certified to the Congress by the Director of the Office of Management and Budget and shall

(1) be placed in reserve in a separate account in the Treasury only for the purpose of offsetting future downward fluctuations in foreign currency exchange rates in order to maintain the level of operations authorized for each fiscal year; or

(2) be used to make payments to RFE/RL's United States and German pension plans in order to avoid future pension liabilities.

Any such amount placed in reserve may be merged with and made available for the same time period and same purposes as amounts appropriated under subsection (a)(2) of this section.

(c) 31 Of the authorization of appropriations contained in subsection (a)(1)(A), authorizations of $20,000,000 for the fiscal year 1986 and $18,323,000 for the fiscal year 1987, which shall be available for radio modernization, shall remain available until the appropriations are made and when those amounts are appropriated they are authorized to remain available until expended.

USE OF BROADCASTING FACILITIES BY COMMUNIST COUNTRIES

SEC. 9.32 No funds or other assistance may be provided by the Board under this Act to RFE/RL, Incorporated, if RFE/RL, Incorporated, permits any Communist country (within the meaning of section 620(f) of the Foreign Assistance Act of 1961) to use its broadcasting facilities unless that Communist country permits RFE/RL, Incorporated, to use that country's broadcasting facilities on a comparable basis.

SEC. 10.33 Under the authority of section 4(a)(3) of this Act, the Board shall prepare and transmit to the Congress, on or before October 1, 1979, a report setting forth alternative plans for the relocation to the territory of the United States of such activities of RFE/

28 The words "or such changes" were added by sec. 112(c) of Public Law 97-241 (96 Stat. 278). 29 Sec. 241(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 704), added par. (4).

30 Subsec. (b) was amended and restated by sec. 242 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 704).

Subsec. (b), was previously amended by sec. 502 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331), by sec. 306 of Public Law 95426 (92 Stat. 977), and amended and restated by sec. 303 of the BIB Authorization Act, Fiscal Year 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1036).

31 Subsec. (c) was added by Sec. 302 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93; 99 Stat. 405).

32 22 U.S.C. 2878. Sec. 9 was added by sec. 307 of Public Law 95-426 (92 Stat. 977).

33 22 U.S.C. 2879 note. Sec. 10 was added by sec. 303 of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 402).

RL, Incorporated, as would result in the transfer to the United States of not less than 10 percent, 25 percent, and 50 percent, respectively, of the total personnel of RFE/RL, Incorporated. For each such alternative plan, the report shall include—

(1) proposals for the timing of such transfer and the recommended location in the United States of such personnel;

(2) estimates of the costs and amortization period for such plan;

(3) a consideration of the impact of such plan on the operating efficiency of RFE/RL, Incorporated, in achieving its program objectives; and

(4) any other significant anticipated consequences of such a relocation.

MERGER OF THE BOARD FOR INTERNATIONAL BROADCASTING AND THE RFE/RL BOARD

SEC. 11.34 (a) Effective 60 days after the date of enactment of this section, no grant may be made under this Act to RFE/RL, Incorpo rated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—

(1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Board for International Broadcasting and of no other members, except that the member of the Board for International Broadcasting who is an ex officio member of that Board because of his or her position as chief operating executive of RFE/RL, Incorporated, may participate in the activities of the Board of Directors but may not vote in the determinations of the Board of Directors; and

(2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such managerial officers and employees of RFE/RL, Incorporated, as it deems necessary to carry out the purposes of this Act.

(b) Compliance with the requirement of paragraph (1) of subsection (a) shall not be construed to make RFE/RL, Incorporated, a Federal agency or instrumentality.

BENEFITS FOR CERTAIN RETIREES AND SURVIVING SPOUSES OF
EMPLOYEES OF RADIO FREE EUROPE AND RADIO LIBERTY

SEC. 12.35 The Congress hereby authorizes the Board to make available in accordance with the Supplemental Appropriations Act, 1983, $4,900,000 of the amount appropriated for the Board by that Act for enhancement of (1) the pensions and cost-of-living adjustments of individuals who retired from RFE/RL, Incorporated,

34 22 U.S.C. 2880. Sec. 11 was added by sec. 403(a) of Public Law 97-241 (96 Stat. 296). 35 22 U.S.C. 2881. Sec. 12 was added by sec. 304 of the BIB Authorization Act, Fiscal Years 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1036).

The Supplemental Appropriations Act, 1983 (Public Law 98-63; 97 Stat. 307), provided the following:

"For an additional amount for the Board for International Broadcasting, 'Grants and Expenses', $8,017,000 exclusively for grants to Radio Free Europe/Radio Liberty, of which $4,900,000 shall be for the purposes of (1) upgrading pensions and benefits for the Members of the Society of International Broadcasters, who are pre-1976 Radio Free Europe/Radio Liberty retirees, and (2) the RFE/RL Special Widows Project;".

before January 1, 1976, and (2) the benefits to which surviving spouses of employees of RFE/RL, Incorporated, are entitled by virtue of the creditable service of such employees rendered before January 1, 1976.

SALARY OF THE RFE/RL PRESIDENT

SEC. 13.36 Funds made available under this Act to RFE/RL, Incorporated, may not be used for the salary of the President of RFE/RL, Incorporated, at an annual rate in excess of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

RADIO BROADCASTING TO AFGHANISTAN IN THE DARI AND PASHTO

LANGUAGES

SEC. 14.37 Funds granted to RFE/RL, Incorporated, under this Act may be used for radio broadcasting to the Afghan people in the Dari and Pashto languages, such broadcasts to be designated "Radio Free Afghanistan".

36 22 U.S.C. 2882. Sec. 13 was added by sec. 305(a) of the BIB Authorization Act, Fiscal Years 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1037). Sec. 305(b) of that Act stated that this new sec. 13 would apply with respect to funds used for the salary of any President of RFE/ RL, Inc., who is appointed after the date of enactment of this Act (November 22, 1983).

37 22 U.S.C. 2883. This section was added by sec. 303(b) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405). The Supplemental Appropriations Act, 1985 (Public Law 99-88; 99 Stat 293), appropriated $500,000, "to promote the development of an independent media service by the Afghan people and to provide for the training of Afghans in media and media-related fields, to remain available until September 30, 1986".

b. Bureau of Broadcasting, Board for International Broadcasting 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, approved October 28, 1991

NOTE.-Sections of this Act amend the Board for International Broadcasting Act of 1973 and the Television Broadcasting to Cuba Act, and have been incorporated into those Acts at the appropriate places.

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 C-BUREAU OF BROADCASTING

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the United States Information Agency for the Bureau of Broadcasting for carrying out title V of the United States Information and Educational Exchange Act of 1948 and the Radio Broadcasting to Cuba Act the following amounts:

(1) SALARIES AND EXPENSES.-For "Salaries and Expenses", $196,942,000 for the fiscal year 1992 and $216,815,000 for the fiscal year 1993.

(2) TELEVISION AND FILM SERVICE.-For "Television and Film Service", $33,185,000 for the fiscal year 1992 and $34,476,000 for the fiscal year 1993.

(3) ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES.-For "Acquisition and Construction of Radio Facilities", $98,043,000 for the fiscal year 1992 and $103,000,000 for the fiscal year 1993.

(4) BROADCASTING TO CUBA.-For "Broadcasting to Cuba", $38,988,000 for the fiscal year 1992 and $34,525,000 for the fiscal year 1993.