USA Law
International Broadcasting Act
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
Public Law 103-236
Passed Congress/Enrolled Bill: Apr 29, 1994.
One Hundred-Third Congress of the United States of America
At the Second Session
H. R. 2333
AN ACT
To authorize appropriations for the Department of State, the United States Information Agency, and related agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
III UNITED STATES INTERNATIONAL BROADCASTING ACT
301 SHORT TITLE.
This title may be cited as the ‘United States International Broadcasting Act of 1994’.
302 CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
The Congress makes the following findings and declarations:
1 It is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom ‘to seek, receive, and impart information and ideas through any media and regardless of frontiers,’ in accordance with Article 19 of the Universal Declaration of Human Rights.
2Open communication of information and ideas among the peoples of the world contributes to international peace and stability and the promotion of such communication is in the interests of the United States.
3 It is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this title.
4The continuation of existing United States international broadcasting, and the creation of a new broadcasting service to the people of the People’s Republic of China and other countries of Asia which lack adequate sources of free information, would enhance the promotion of information and ideas, while advancing the goals of United States foreign policy.
5The reorganization and consolidation of United States international broadcasting will achieve important economies and strengthen the capability of the United States to use broadcasting to support freedom and democracy in a rapidly changing international environment.
303 STANDARDS AND PRINCIPLES.
aBROADCASTING STANDARDS
United States international broadcasting shall—
1be consistent with the broad foreign policy objectives of the United States;
2be consistent with the international telecommunications policies and treaty obligations of the United States;
3not duplicate the activities of private United States broadcasters;
4not duplicate the activities of government supported broadcasting entities of other democratic nations;
5be conducted in accordance with the highest professional standards of broadcast journalism;
6be based on reliable information about its potential audience; and
7be designed so as to effectively reach a significant audience.
bBROADCASTING PRINCIPLES
United States international broadcasting shall include—
1news which is consistently reliable and authoritative, accurate, objective, and comprehensive;
2a balanced and comprehensive projection of United States thought and institutions, reflecting the diversity of United States culture and society;
3clear and effective presentation of the policies of the United States Government and responsible discussion and opinion on those policies;
4programming to meet needs which remain unserved by the totality of media voices available to the people of certain nations;
5information about developments in each significant region of the world;
6a variety of opinions and voices from within particular nations and regions prevented by censorship or repression from speaking to their fellow countrymen;
7reliable research capacity to meet the criteria under this section;
8adequate transmitter and relay capacity to support the activities described in this section; and
9training and technical support for independent indigenous media through government agencies or private United States entities.
304ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
aESTABLISHMENT
There is hereby established within the United States Information Agency a Broadcasting Board of Governors (hereafter in this title referred to as the ‘Board’).
bCOMPOSITION OF THE BOARD
1 The Board shall consist of 9 members, as follows:
A8 voting members who shall be appointed by the President, by and with the advice and consent of the Senate.
BThe Director of the United States Information Agency who shall also be a voting member.
2 The President shall designate one member (other than the Director of the United States Information Agency) as Chairman of the Board.
3 Exclusive of the Director of the United States Information Agency, not more than 4 of the members of the Board appointed by the President shall be of the same political party.
cTERM OF OFFICE
The term of office of each member of the Board shall be three years, except that the Director of the United States Information Agency shall remain a member of the Board during the Director’s term of service. Of the other 8 voting members, the initial terms of office of two members shall be one year, and the initial terms of office of 3 other members shall be two years, as determined by the President. The President shall appoint, by and with the advice and consent of the Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until a successor has been appointed and qualified. When there is no Director of the United States Information Agency, the acting Director of the agency shall serve as a member of the Board until a Director is appointed.
dSELECTION OF BOARD
Members of the Board appointed by the President shall be citizens of the United States who are not regular full-time employees of the United States Government. Such members shall be selected by the President from among Americans distinguished in the fields of mass communications, print, broadcast media, or foreign affairs.
eCOMPENSATION
Members of the Board, while attending meetings of the Board or while engaged in duties relating to such meetings or in other activities of the Board pursuant to this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The Director of the United States Information Agency shall not be entitled to any compensation under this title, but may be allowed travel expenses as provided under this subsection.
fDECISIONS
There is hereby established within the United States Information Agency a Broadcasting Board of Governors (hereafter in this title referred to as the ‘Board’).
305 AUTHORITIES OF THE BOARD.
aAUTHORITIES
The Board shall have the following authorities:
1To direct and supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act.
2To review and evaluate the mission and operation of, and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign policy objectives of the United States.
3To ensure that United States international broadcasting is conducted in accordance with the standards and principles contained in section 303.
4To review, evaluate, and determine, at least annually, the addition or deletion of language services.
5To make and supervise grants for broadcasting and related activities in accordance with sections 308 and 309.
6To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 308 and 309 and subject to reprogramming notification requirements in law for the reallocation of funds.
7To review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective delivery services.
8To undertake such studies as may be necessary to identify areas in which broadcasting activities under its authority could be made more efficient and economical.
9To submit to the President and the Congress, through the Director of the United States Information Agency, an annual report which summarizes and evaluates activities under this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act.
10To the extent considered necessary to carry out the functions of the Board, procure supplies, services, and other personal property.
11To appoint such staff personnel for the Board as the Board may determine to be necessary, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
12To obligate and expend, for official reception and representation expenses, such amount as may be made available through appropriations (which for each of the fiscal years 1994 and 1995 may not exceed the amount made available to the Board for International Broadcasting for such purposes for fiscal year 1993).
13To make available in the annual report required by paragraph (9) information on funds expended on administrative and managerial services by the Bureau and by grantees and the steps the Board has taken to reduce unnecessary overhead costs for each of the broadcasting services.
14The Board may provide for the use of United States Government transmitter capacity for relay to Radio Free Asia.
bBROADCASTING BUDGETS
1The Director of the Bureau and the grantees identified in sections 308 and 309 shall submit proposed budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board and broadcasting activities under this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act to the Director of the United States Information Agency for the consideration of the Director as a part of the Agency’s budget submission to the Office of Management and Budget.
2The Director of the United States Information Agency shall include in the Agency’s submission to the Office of Management and Budget the comments and recommendations of the Board concerning the proposed broadcasting budget.
cIMPLEMENTATION
The Director of the United States Information Agency and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and grantees.
1Section 4 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by striking ‘and the Associate Director for Broadcasting of the United States Information Agency’ and inserting ‘of the Voice of America’.
2Section 5(b) of the Radio Broadcasting to Cuba Act (22 U.S.C.1465c(b)) is amended by striking ‘Director and Associate Director for Broadcasting of the United States Information Agency’ and inserting ‘Broadcasting Board of Governors’.
306FOREIGN POLICY GUIDANCE.
To assist the Board in carrying out its functions, the Secretary of State, acting through the Director of the United States Information Agency, shall provide information and guidance on foreign policy issues to the Board.
307 INTERNATIONAL BROADCASTING BUREAU.
aESTABLISHMENT
There is hereby established an International Broadcasting Bureau within the United States Information Agency (hereafter in this title referred to as the ‘Bureau’), to carry out all nonmilitary international broadcasting activities supported by the United States Government other than those described in sections 308 and 309.
bSELECTION OF THE DIRECTOR OF THE BUREAU
1The Director of the Bureau shall be appointed by the Chairman of the Board, in consultation with the Director of the United States Information Agency and with the concurrence of a majority of the Board. The Director of the Bureau shall be entitled to receive compensation at the rate prescribed by law for level IV of the Executive Schedule.
2Section 5315 of title 5, United States Code, is amended by adding at the end the following:
‘Director of the International Broadcasting Bureau, the United States Information Agency.’
308 LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.
aBOARD OF RFE/RL, INCORPORATED
The Board may not make any grant to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—
1the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Broadcasting Board of Governors established under section 304 and of no other members; and
2such 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 considers necessary to carry out the purposes of the grant provided under this title.
bLOCATION OF PRINCIPAL PLACE OF BUSINESS
The Board may not make any grant to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—
1The Board may not make any grant to RFE/RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability to the Board.
2Not later than 90 days after confirmation of all members of the Board, the Board shall provide a report to Congress on the number of administrative, managerial, and technical staff of RFE/RL, Incorporated who will be located within the metropolitan area of Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan area of Washington, D.C.
cLIMITATION ON GRANT AMOUNTS
The total amount of grants made by the Board for the operating costs of Radio Free Europe and Radio Liberty may not exceed $75,000,000 for any fiscal year after fiscal year 1995.
d ALTERNATIVE GRANTEE
If the Board determines at any time that RFE/RL, Incorporated, is not carrying out the functions described in section 309 in an effective and economical manner, the Board may award the grant to carry out such functions to another entity after soliciting and considering applications from eligible entities in such manner and accompanied by such information as the Board may reasonably require.
eNOT A FEDERAL AGENCY OR INSTRUMENTALITY
Nothing in this title may be construed to make RFE/RL, Incorporated a Federal agency or instrumentality.
fAUTHORITY
Grants authorized under section 305 for RFE/RL, Incorporated, shall be available to make annual grants for the purpose of carrying out similar functions as were carried out by RFE/RL, Incorporated, on the day before the date of enactment of this Act with respect to Radio Free Europe and Radio Liberty, consistent with section 2 of the Board for International Broadcasting Act of 1973, as in effect on such date.
gGRANT AGREEMENT
Grants to RFE/RL, Incorporated, by the Board shall only be made in compliance with a grant agreement. The grant agreement shall establish guidelines for such grants. The grant agreement shall include the following provisions—
1that a grant be used only for activities which the Board determines are consistent with the purposes of subsection (f);
2that RFE/RL, Incorporated, shall otherwise comply with the requirements of this section;
3that failure to comply with the requirements of this section may result in suspension or termination of a grant without further obligation by the Board or the United States;
4that duplication of language services and technical operations between RFE/RL, Incorporated and the International Broadcasting Bureau be reduced to the extent appropriate, as determined by the Board; and
5that RFE/RL, Incorporated, justify in detail each proposed expenditure of grant funds, and that such funds may not be used for any other purpose unless the Board gives its prior
written approval.
hPROHIBITED USES OF GRANT FUNDS
No grant funds provided under this section may be used for the following purposes:
1)(AExcept as provided in subparagraph (B), to pay any salary or other compensation, or enter into any contract providing for the payment of salary or compensation in excess of the rates established for comparable positions under title 5 of the United States Code or the foreign relations laws of the United States, except that no employee may be paid a salary or other compensation in excess of the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
BSalary and other compensation limitations under subparagraph (A) shall not apply prior to October 1, 1995, with respect to any employee covered by a union agreement requiring a salary or other compensation in excess of such limitations.
2For any activity for the purpose of influencing the passage or defeat of legislation being considered by Congress.
3To enter into a contract or obligation to pay severance payments for voluntary separation for employees hired after December 1, 1990, except as may be required by United States law or the laws of the country where the employee is stationed.
4For first class travel for any employee of RFE/RL, Incorporated, or the relative of any employee.
5To compensate freelance contractors without the approval of the Board.
i REPORT ON MANAGEMENT PRACTICES
(1) Effective not later than March 31 and September 30 of each calendar year, the Inspector General of the United States Information Agency shall submit to the Board, the Director of the United States Information Agency, and the Congress a report on management practices of RFE/RL, Incorporated, under this section. The Inspector General of the United States Information Agency shall establish a special unit within the Inspector General’s office to monitor and audit the activities of RFE/RL, Incorporated, and shall provide for on-site monitoring of such activities.
jAUDIT AUTHORITY
1Such financial transactions of RFE/RL, Incorporated, as relate to functions carried out under this section may be audited by the General Accounting Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of RFE/RL, Incorporated, are normally kept.
2Representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by RFE/RL, Incorporated pertaining to such financial transactions and necessary to facilitate an audit. Such representatives shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of RFE/RL, Incorporated, shall remain in the possession and custody of RFE/RL, Incorporated.
3Notwithstanding any other provision of law and upon repeal of the Board for International Broadcasting Act, the Inspector General of the United States Information Agency is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to RFE/RL, Incorporated.
kPLAN FOR RELOCATION
None of the funds authorized to be appropriated for the fiscal years 1994 or 1995 may be used to relocate the offices or operations of RFE/RL, Incorporated from Munich, Germany, unless—
1such relocation is specifically provided for in an appropriation Act or pursuant to a reprogramming notification; and
2)(Asuch relocation is authorized by the Board and the Board submits to the Comptroller General of the United States and the appropriate Congressional committees a detailed plan for such relocation, including cost estimates and any and all fiscal data, audits, business plans, and other documents which justify such relocation; or
Bprior to the confirmation of all members of the Board, such relocation is authorized by the President, the President certifies that a significant national interest requires that such relocation determination be made before the confirmation of all members of the Board, and the President submits to the Comptroller General of the United States and the appropriate congressional committees a detailed plan for such relocation, including cost estimates and any and all fiscal data, audits, business plans, and other documents which justify such relocation.
l REPORTS ON PERSONNEL CLASSIFICATION
Not later than 90 days after the date of confirmation of all members of the Board, the Board shall submit a report to the Congress containing a justification, in terms of the types of duties performed at specific rates of salary and other compensation, of the classification of personnel employed by RFE/RL, Incorporated. The report shall include a comparison of the rates of salary or other compensation and classifications provided to employees of RFE/RL, Incorporated, with the rates of salary or other compensation and classifications of employees of the Voice of America stationed overseas in comparable positions and shall identify any disparities and steps which should be taken to eliminate such disparities.
309 RADIO FREE ASIA.
aAUTHORITY
1Grants authorized under section 305 shall be available to make annual grants for the purpose of carrying out radio broadcasting to the following countries: The People’s Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.
2Such broadcasting service shall be referred to as ‘Radio Free Asia’.
bFUNCTIONS
Radio Free Asia shall—
1provide accurate and timely information, news, and commentary about events in the respective countries of Asia and elsewhere; and
2be a forum for a variety of opinions and voices from within Asian nations whose people do not fully enjoy freedom of expression.
cSUBMISSION OF DETAILED PLAN FOR RADIO FREE ASIA
1No grant may be awarded to carry out this section unless the Board, through the Director of the United States Information Agency, has submitted to Congress a detailed plan for the establishment and operation of Radio Free Asia, including
2be a forum for a variety of opinions and voices from within Asian nations whose people do not fully enjoy freedom of expression.
Aa description of the manner in which Radio Free Asia would meet the funding limitations provided in subsection (d)(4);
Ba description of the numbers and qualifications of employees it proposes to hire; and
Chow it proposes to meet the technical requirements for carrying out its responsibilities under this section.
2The plan required by paragraph (1) shall be submitted not later than 90 days after the date on which all members of the Board are confirmed.
3No grant may be awarded to carry out the provisions of this section unless the plan submitted by the Board includes a certification by the Board that Radio Free Asia can be established and operated within the funding limitations provided for in subsection (d)(4) and subsection (d)(5).
4If the Board determines that a Radio Free Asia cannot be established or operated effectively within the funding limitations provided for in this section, the Board may submit, through the Director of the United States Information Agency, an alternative plan and such proposed changes in legislation as may be necessary to the appropriate congressional committees.
dGRANT AGREEMENT
Any grant agreement or grants under this section shall be subject to the following limitations and restrictions:
1)(AThe Board may not make any grant to Radio Free Asia unless the headquarters of Radio Free Asia and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability to the Board.
BNot later than 90 days after confirmation of the Board, the Board shall provide a report to Congress on the number of administrative, managerial, and technical staff of Radio Free Asia who will be located within the metropolitan area of Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan area of Washington, D.C.
2Any grant agreement under this section shall require that any contract entered into by Radio Free Asia shall specify that all obligations are assumed by Radio Free Asia and not by the United States Government, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 1999.
3Any grant agreement shall require that any lease agreements entered into by Radio Free Asia shall be, to the maximum extent possible, assignable to the United States Government.
4Grants made for the operating costs of Radio Free Asia may not exceed $22,000,000 in any fiscal year.
5The total amount of grant funds made available for one-time capital costs of Radio Free Asia may not exceed $8,000,000.
6Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section, and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.
eLIMITATIONS ON ADMINISTRATIVE AND MANAGERIAL COSTS
It is the sense of the Congress that administrative and managerial costs for operation of Radio Free Asia should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if Radio Free Asia had been operated as a Federal entity rather than as a grantee.
fASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE ASIA
Not later than 3 years after the date on which initial funding is provided for the purpose of operating Radio Free Asia, the Board shall submit to the appropriate congressional committees a report on–
1whether Radio Free Asia is technically sound and cost-effective,
2whether Radio Free Asia consistently meets the standards for quality and objectivity established by this title,
3whether Radio Free Asia is received by a sufficient audience to warrant its continuation,
4the extent to which such broadcasting is already being received by the target audience from other credible sources; and
5the extent to which the interests of the United States are being served by maintaining broadcasting of Radio Free Asia.
fSUNSET PROVISION
The Board may not make any grant for the purpose of operating Radio Free Asia after September 30, 1998, unless the President of the United States determines in the President’s fiscal year 1999 budget submission that continuation of funding for Radio Free Asia for 1 additional year is in the interest of the United States.
hNOTIFICATION AND CONSULTATION REGARDING DISPLACEMENT OF VOICE OF AMERICA BROADCASTING
The Board shall notify the appropriate congressional committees before entering into any agreements for the utilization of Voice of America transmitters, equipment, or other resources that will significantly reduce the broadcasting activities of the Voice of America in Asia or any other region in order to accommodate the broadcasting activities of Radio Free Asia. The Chairman of the Board shall consult with such committees on the impact of any such reduction in Voice of America broadcasting activities.
iNOT A FEDERAL AGENCY OR INSTRUMENTALITY
Nothing in this title may be construed to make Radio Free Asia a Federal agency or instrumentality.
310 TRANSITION.
aAUTHORIZATION
1The President is authorized consistent with the purposes of this Act to direct the transfer of all functions and authorities from the Board for International Broadcasting to the United States Information Agency, the Board, or the Bureau as may be necessary to implement this title.
2)(ANot later than 120 days after the date of enactment of this Act, the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting shall jointly prepare and submit to the President for approval and implementation a plan to implement the provisions of this title. Such plan shall include at a minimum a detailed cost analysis to implement fully the recommendations of such plan. The plan shall identify all costs in excess of those authorized for such purposes and shall provide that any excess cost to implement the plan shall be derived only from funds authorized in section 201 of this Act.
BThe President shall transmit copies of the approved plan, together with any recommendations for legislative changes that may be necessary, to the appropriate congressional committees.
bNEW APPOINTEES
The Director of the United States Information Agency may assign employees of the Agency for service with RFE/RL, Incorporated, with the concurrence of the president of RFE/RL, Incorporated. Such assignment shall not affect the rights and benefits of such personnel as employees of the United States Information Agency.
cBOARD FOR INTERNATIONAL BROADCASTING PERSONNEL
All Board for International Broadcasting full-time United States Government personnel (except special Government employees) and part-time United States Government personnel holding permanent positions shall be transferred to the United States Information Agency, the Board, or the Bureau. Such transfer shall not cause any such employee to be separated or reduced in grade or compensation.
dOTHER AUTHORITIES
The Director of the United States Information Agency is authorized to utilize the provisions of titles VIII and IX of the United States Information and Educational Exchange Act of 1948, and any other authority available to the Director on the date of enactment of this Act, to the extent that the Director considers necessary in carrying out the provisions and purposes of this title.
eREPEAL
The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30, 1995, or the date on which all members of the Board are confirmed, whichever is earlier.
fSAVINGS PROVISIONS
1 CONTINUING EFFECT OF LEGAL DOCUMENTS
All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions–
Awhich have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title; and
Bwhich are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the United States Information Agency or other authorized official, a court of competent jurisdiction, or by operation of law.
2 PROCEEDINGS NOT AFFECTED
The provisions of this title shall not affect any proceedings pending before the Board for International Broadcasting at the time this title takes effect, with respect to functions transferred by this title, but such proceedings shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the termination or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been terminated or modified if this title had not been enacted.
3 SUITS NOT AFFECTED
The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted.
4 NONABATEMENT OF ACTIONS
No suit, action, or other proceeding commenced by or against the Board for International Broadcasting or by or against any individual in the official capacity of such individual as an officer of the Board for International Broadcasting shall abate by reason of the enactment of this title.
5 ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS
Any administrative action relating to the preparation or promulgation of a regulation by the Board for International Broadcasting relating to a function transferred under this title may be continued by the United States Information Agency with the same effect as if this title had not been enacted.
6 REFERENCES
A reference in any provision of law, reorganization plan, or other authority to the Associate Director for Broadcasting of the United States Information Agency shall be considered to be a reference to the Director of the International Broadcasting Bureau of the United States Information Agency.
7EFFECT ON OTHER LAWS
The provisions of, and authorities contained in or transferred pursuant to, this title are not intended to repeal, limit, or otherwise derogate from the authorities or functions of or available to the Director of the United States Information Agency or the Secretary of State under law, reorganization plan, or otherwise, unless such provision hereof–
Aspecifically refers to the provision of law or authority existing on the effective date of this title, so affected; or
Bis in direct conflict with such law or authority existing on the effective date of this title.
311 PRESERVATION OF AMERICAN JOBS.
It is the sense of the Congress that the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting should, in developing the plan for consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent with the purposes of the consolidation, elimination of any United States-based positions and should affirmatively seek to transfer as many positions as possible to the United States.
312 PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIBERTY.
aDECLARATION OF POLICY
It is the sense of the Congress that, in furtherance of the objectives of section 302 of this Act, the funding of Radio Free Europe and Radio Liberty should be assumed by the private sector not later than December 31, 1999, and that the funding of Radio Free Europe and Radio Liberty Research Institute should be assumed by the private sector at the earliest possible time.
bPRESIDENTIAL SUBMISSION
The President shall submit with his annual budget submission as provided for in section 307 an analysis and recommendations for achieving the objectives of subsection (a).
cREPORTS ON TRANSFER OF RFE/RL RESEARCH INSTITUTE
Not later than 120 days after the date of enactment of this Act, the Board for International Broadcasting, or the Board, if established, shall submit to the appropriate congressional committees a report on the steps being taken to transfer RFE/RL Research Institute pursuant to subsection (a) and shall provide periodic progress reports on such efforts until such transfer has been achieved.
313 REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
aLIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS
Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent fiscal year, any funds appropriated for the purposes of broadcasting subject to the direction and supervision of the Board shall not be available for obligation or expenditure—
1unless such funds are appropriated pursuant to an authorization of appropriations; or
2in excess of the authorized level of appropriations.
bSUBSEQUENT AUTHORIZATION
The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.
cAPPLICATION
The provisions of this section—
1 may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and
2 shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered under or pursuant to this title.
314 DEFINITIONS.
For the purposes of this title—
1 the term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives;
2 the term ‘RFE/RL, Incorporated’ includes—
A the corporation having the corporate title described in section 307(b)(3); and
B any alternative grantee described in section 307(e); and
3 the term ‘salary or other compensation’ includes any deferred compensation or pension payments, any payments for expenses for which the recipient is not obligated to itemize, and any payments for personnel services provided to an employee of RFE/RL, Incorporated.
315 TECHNICAL AND CONFORMING AMENDMENTS.
a VOICE OF AMERICA BROADCASTS
Section 503 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1463) is repealed.
b ISRAEL RELAY STATION
Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is repealed.
c BOARD FOR INTERNATIONAL BROADCASTING ACT
Section 4(a)(1) of the Board for International Broadcasting Act of 1973 is amended to read as follows:
‘(1) to make grants to RFE/RL, Incorporated and, until September 30, 1995, to make grants to entities established in the privatization of certain functions of RFE/RL, Incorporated in order to carry out the purposes set forth in section 2 of this Act;’.
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US Information and Educational Exchange Act (Smith-Mundt Act 1948)
