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(e) COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.-Any authority provided by this section shall be effective only to the extent and in such amounts as are provided in advance in appropriation Acts.

(f) 10 DESIGNATION OF PROGRAM AND SCHOLARSHIPS.—

(1) The scholarship program established by this section shall be known as the "Edmund S. Muskie Fellowship Program". (2) Scholarships provided under this section shall be known as "Muskie Fellowships".

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(f).

10 Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3352) added subsec.

(7) Eisenhower Exchange Fellowship Act of 1990

Public Law 101-454 [S. 2017], 104 Stat. 1063, approved October 24, 1990; amended by Public Law 104–72 [S. 1465], 109 Stat. 776, approved December 23, 1995; Public Law 104-99 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; H.R. 1868], enacted by reference in sec. 301 of H.R. 2880, 110 Stat. 26, approved January 26, 1996, enacted again as Public Law 104–107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; Public Law 104-134 [H.R. 3019; Omnibus Consolidated Rescissions and Appropriations Act of 1996, title I, sec. 101(a), title IV, Department of State and Related Agencies Appropriations Act, 1996], 110 Stat. 1321 at 1321-36, approved April 26, 1996

AN ACT To provide a permanent endowment for the Eisenhower Exchange Fellowship Program.

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

SECTION 1.1 SHORT TITLE.

This Act may be cited as the "Eisenhower Exchange Fellowship Act of 1990".

SEC. 2.2 PURPOSES.

The purposes of this Act are—

(1) to provide a permanent endowment for the Eisenhower Exchange Fellowship Program;

(2) to honor Dwight D. Eisenhower for his character, courage, and patriotism, and for his leadership based on moral integrity and trust;

(3) to pay tribute to President Eisenhower's leadership in war and peace, through his diverse understanding of history, practical affairs, and the hearts of humankind;

(4) to address America's need for the best possible higher education of its young talent for a competitive world which shares a common and endangered environment;

(5) to advance the network of friendship and trust already established in President Eisenhower's name, so that it may continue to grow to the imminent challenges of the 21st century;

(6) to complete Dwight David Eisenhower's crusade to liberate the people's 3 of Europe from oppression;

120 U.S.C. 5201 note.

220 U.S.C. 5201. Sec. 1203 of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107-206; 116 Stat. 888; 20 U.S.C. 5207) provided the following:

"SEC. 1203. Notwithstanding any other provision of law, hereafter, for purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (relating to Federal sources of supply, including lodging providers, airlines and other transportation providers), the Eisenhower Exchange Fellowship Program shall be deemed an executive agency for the purposes of carrying out the provisions of 20 U.S.C. 5201, and the employees of and participants in the Eisenhower Exchange Fellowship Program shall be eligible to have access to such sources of supply on the same basis as employees of an executive agency have such access.”.

3 So in original. Should read peoples.

(7) to deepen and expand relationships with European nations developing democracy and self-determination; and

(8) to honor President Dwight D. Eisenhower on the occasion of the centennial of his birth through permanent endowment of an established fellowship program, the Eisenhower Exchange Fellowships, to increase educational opportunities for young leaders in preparation for and enhancement of their professional careers, and advancement of peace through international understanding.

SEC. 3.4 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND.

(a) ESTABLISHMENT.-There is established in the Treasury of the United States a trust fund to be known as the Eisenhower Exchange Fellowship Program Trust Fund (hereinafter in this Act referred to as the "fund"). The fund shall consist of amounts authorized to be appropriated under section 5 of this Act.

(b) INVESTMENT IN INTEREST BEARING OBLIGATIONS.-It shall be the duty of the Secretary of the Treasury to invest in full amounts appropriated 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 interests 5 by the United States. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other than interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.

(c) SALE AND REDEMPTION OF OBLIGATIONS.-Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.

(d) CREDIT TO THE FUND OF INTEREST AND PROCEEDS OF SALE OR REDEMPTION.-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.

420 U.S.C. 5202.

5 Should probably read "interest".

SEC. 4.6 EXPENDITURE AND AUDIT OF TRUST FUND.

(a) AUTHORIZATION OF FUNDING.-For each fiscal year, there is authorized to be appropriated from the fund to Eisenhower Exchange Fellowships, Incorporated, the interest and earnings of the fund.

(b) ACCESS TO BOOKS, RECORDS, ETC. BY GENERAL ACCOUNTING OFFICE.7-The activities of Eisenhower Exchange Fellowships, Incorporated, may be audited by the General Accounting Office 7 under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office? shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by Eisenhower Exchange Fellowships, Incorporated, pertaining to such activities and necessary to facilitate the audit.

SEC. 5.8 AUTHORIZATION OF APPROPRIATIONS.

To provide a permanent endowment for the Eisenhower Exchange Fellowship Program, there are authorized to be appropriated to the Eisenhower Exchange Fellowships Program Trust Fund

(1) $2,500,000, or

(2) the lesser of

(A) $2,500,000, or

(B) an amount equal to contributions to Eisenhower Exchange Fellowships, Incorporated, from private sector sources during the 4-year period beginning on the date of enactment of this Act.

SEC. 6.9 USE OF INCOME ON THE ENDOWMENT.

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7 Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 108-271; 118 Stat. 814) redesignated the "General Accounting Office" as the "Government Accountability Office" and provided that "Any reference to the General Accounting Office in any law, rule, regulations, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.". 820 U.S.C. 5204. The Department of State and Related Agency Appropriations Act, 2005 (title IV of division B of Public Law 108-447; 118 Stat. 2809), provided the following:

"EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

"For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20_U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2005, to remain available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services.".

920 U.S.C. 5205.

10 Sec. 407 of the Department of State and Related Agencies Appropriations Act, 1996 (title IV of Public Law 104-134; 110 Stat. 1321-45), repealed subsecs. 6(a) and (b). The subsecs. had read as follows:

“(a) REQUIREMENT FOR FUNDING OF UNITED States FellowS IN EMERGING EUROPEAN DEMOCRACIES. For any fiscal year, not less than 50 percent of the amounts made available to Eisenhower Exchange Fellowships, Incorporated, pursuant to section 4(a) shall be available only to assist United States fellows in traveling to and studying in emerging European democracies. "(b) LIMITATION ON STUDY IN UNITED STATES.-For any fiscal year, not more than 50 percent of the amounts made available to Eisenhower Exchange Fellowships, Incorporated, pursuant to section 4(a) shall be available to assist foreign fellows in traveling to and studying in the United States.".

Sec. 407 of Public Law 104-134 further provided:

Continued

(b) 10 ***
** [Repealed-1996]

(c) AGRICULTURAL EXCHANGE PROGRAM. For any fiscal year, as may be determined by Eisenhower Exchange Fellowships, Incorporated, a portion of the amounts made available to Eisenhower Exchange Fellowships, Incorporated, pursuant to section 4(a) shall be used to provide fellowships for agricultural exchange programs for farmers from the United States and foreign countries.

(d) PARTICIPATION BY UNITED STATES MINORITY POPULATIONS.— In order to ensure that the United States fellows participating in programs of the Eisenhower Exchange Fellowships, Incorporated, are representatives of the cultural, ethnic, and racial diversity of the American people, of the amounts made available to Eisenhower Exchange Fellowships, Incorporated, pursuant to section 4(a) which are obligated and expended for United States fellowship programs, not less than 10 percent shall be available only for participation by individuals who are representative of United States minority populations.

SEC. 7.11 REPORT TO CONGRESS.

For any fiscal year for which Eisenhower Exchange Fellowships, Incorporated, receive funds pursuant to section 4(a) of this Act, Eisenhower Exchange Fellowships, Incorporated, shall prepare and transmit to the President and the Congress a report of its activities for such fiscal year.

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"SEC. 407. Sections 6(a) and 6(b) of Public Law 101-454 are repealed. In addition, notwithstanding any other provision of law, Eisenhower Exchange Fellowships, Incorporated, may use one-third of any earned but unused trust income from the period 1992 through 1995 for Fellowship purposes in each of fiscal years 1996 through 1998.".

11 20 U.S.C. 5206.

12 Sec. 1(a) of Public Law 104-72 (109 Stat. 776) repealed sec. 8, which had extended the authority of USIA to implement an au pair program.

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