United States Agency for Global Media

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.

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.

1The Board shall consist of 9 members, as follows:

2The President shall designate one member (other than the Director of the United States Information Agency) as Chairman of the Board.

3Exclusive 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.

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.

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.

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’.

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.’

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.

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.

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.

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.

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.

(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.

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.

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

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’.

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.

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.

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.

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.

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.

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.

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.

1CONTINUING EFFECT OF LEGAL DOCUMENTS

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions–

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.

2PROCEEDINGS 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.

3SUITS 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.

4NONABATEMENT 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.

5ADMINISTRATIVE 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.

6REFERENCES

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–

1unless such funds are appropriated pursuant to an authorization of appropriations; or

2in excess of the authorized level of appropriations.

1may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and

2shall 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.

1the 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;

2the term ‘RFE/RL, Incorporated’ includes—

3the 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.