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15. Board for International Broadcasting

a. Board for International Broadcasting Act of 1973 (Radio Free Europe/Radio Liberty)

Public Law 93-129 [S. 1914], 87 Stat. 456, approved October 19, 1973; as amended by Public Law 93-392 [Board for International Broadcasting Appropriations, Fiscal Year 1975; S. 3190], 88 Stat. 781, approved August 28, 1974; Public Law 94-104 [Board for International Broadcasting Appropriations, Fiscal Year 1976; S. 2230], 89 Stat. 508, approved October 6, 1975; Public Law 94-350 (Foreign Relations Authorization Act, Fiscal Year 1977; S. 3168], 90 Stat. 823, approved July 12, 1976; Public Law 95105 [Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 851, approved August 17, 1977; Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12593], 92 Stat. 963 at 975, approved October 7, 1978; Public Law 96-60 [ICA Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 Stat. 395 at 402, approved August 15, 1979; Public Law 97-241 [Department of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273, approved August 24, 1982; Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1036, approved November 22, 1983; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792), 104 Stat. 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994; H.R. 2333], 108 Stat. 382, approved April 30, 1994

AN ACT To provide for the establishment of the Board for International Broadcasting, to authorize the continuation of assistance to Radio Free Europe and Radio Liberty, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Board for International Broadcasting Act of 1973".

NOTE.-The United States International Broadcasting
Act of 1994 (title III of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995; Public Law 103-236; 108
Stat. 432; 22 U.S.C. 6201 et seq.), established a new Broad-
casting Board of Governors, and sec. 310(e) of that Act pro-
vided for the repeal of the Board for International Broad-
casting Act of 1973, effective September 30, 1995, or the
date on which all members of the Board of Governors are
confirmed, whichever is earlier.

For text of the United States International Broadcasting
Act of 1994, see page 1105.

DECLARATION OF PURPOSES

SEC. 2.1 The Congress hereby finds and declares

(1) that 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; (2) that open communication of information and ideas among the peoples of the world contributes to international peace and stability, and that the promotion of such communication is in the interests of the United States;

(3) that Free Europe, Incorporated, and the Radio Liberty Committee, Incorporated (commonly referred to as Radio Free Europe and Radio Liberty), which have now been consolidated into RFE/RL, Incorporated,2 have demonstrated their effectiveness in furthering the open communication of information and ideas in Eastern Europe and the Union of Soviet Socialist Republics;

(4) that the continuation of RFE/RL, Incorporated, as an 3 independent broadcast media, operating in a manner not inconsistent with the broad foreign policy objectives of the United States and in accordance with high professional standards, is in the national interest; and

(5) that in order to provide an effective instrumentality for the continuation of assistance to RFE/RL, Incorporated and to encourage a constructive dialog with the peoples of the Union of Soviet Socialist Republics, Eastern Europe, and Afghanistan (until the government in Kabul is replaced by a government achieved through a free act of self-determination), it is desirable to establish a Board for International Broadcasting.

ESTABLISHMENT AND ORGANIZATION

SEC. 3.6 (a) There is established a Board for International Broadcasting (hereinafter referred to as the "Board").

122 U.S.C. 2871.

2 Sec. 302(aX1) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 851), substituted the words to this point beginning with "(commonly referred to * * *” in lieu of "(hereinafter referred to as Radio Free Europe and Radio Liberty),".

Sec. 302(a)(2) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 851), substituted the words "RFE/RL., Incorporated, as an” in lieu of "Radio Free Europe and Radio Liberty as".

Sec. 302(a)(3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 851) substituted the words “RFE/RL, Incorporated" in lieu of "Radio Free Europe and Radio Liberty". This reference to Afghanistan was added by sec. 303(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405). Sec. 304 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 64), struck out the parenthetical language: “as long as it is under Soviet occupation" and inserted in lieu thereof "until the government in Kabul is replaced by a government achieved through a free act of self-determination".

The Supplemental Appropriations Act, 1985 (Public Law 99-93; 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, $500,000, to remain available until September 30, 1986: Provided, That the Director, with the Secretary of State, shall report to the appropriate committees of Congress on the obligation of these funds 60 days from the date of enactment of this Act.”.

622 U.S.C. 2872.

(b)(1)7 COMPOSITION OF BOARD.-The Board shall consist of ten members, one of whom shall be an ex officio member. The President shall appoint, by and with the advice and consent of the Senate, nine voting members, one of whom the President shall designate as chairman. Not more than five of the members of the Board appointed by the President shall be of the same political party. The chief operating executive of RFE/RL, Incorporated, shall be an ex officio member of the Board and may participate in the activities of the Board, but may not vote in the determinations of the Board.

(2) SELECTION.-Members of the Board appointed by the President shall be citizens of the United States who are not concurrently 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 foreign policy or mass communications.

(3)8 TERM OF OFFICE OF PRESIDENTIALLY APPOINTED MEMBERS.-The term of office of each member of the Board appointed by the President shall be three years, except that the terms of office of the individuals initially appointed as the four additional voting members of the Board who are provided for by the Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983, shall be one, two, or three years (as designated by the President at the time of their appointment) so that the terms of one-third of the voting members of the Board expire each year. The President shall appoint, by and with the advice and consent of the Senate, 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 his or her successor has been appointed and qualified.

(4)9 TERM OF OFFICE OF THE EX OFFICIO MEMBER.-The ex officio member of the Board shall serve on the Board during his or her term of service as chief operating executive of RFE/RL, Incorporated.

(5) COMPENSATION.-Members of the Board appointed by the President shall, 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 traveltime, be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. While away from their homes or regular places of business they 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 em

7Paragraph (1), as amended by sec. 302 of Public Law 94-350, sec. 302 of Public Law 95105, and sec. 303 of Public Law 95-426, was further amended and restated by sec. 403(b) of Public Law 97-241 (96 Stat. 296). Formerly, the Board was composed of seven members (two ex officio members), five voting members, and only three members of the Board could be of the same political party.

Paragraph (3) was amended and restated by sec. 403(b)(2) of Public Law 97-241 (96 Stat.

296).

Paragraph (4), as amended by sec. 302 of Public Law 94-350, sec. 302 of Public Law 95105, and sec. 303 of Public Law 95-426, was further amended and restated by sec. 403(b)2) of Public Law 97-241 (96 Stat. 296).

ployed intermittently. The ex officio member 10 of the Board shall not be entitled to any compensation under this Act, but may be allowed travel expenses as provided in the preceding sentence.

(c) 11 The Board may, to the extent it deems necessary to carry out its functions under this Act, procure supplies, services, and other personal property, including specialized electronic equipment.

FUNCTIONS

SEC. 4.12 (a) The Board is authorized:

(1)13 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;

(2) to review and evaluate the mission and operation of RFE/ RL, Incorporated,13 and to assess the quality, effectiveness and professional integrity of its broadcasting within the context of the broad foreign policy objectives of the United States;

(3) to encourage the most efficient utilization of available resources by RFE/RL, Incorporated, 13 and to undertake, or request that RFE/RL, Incorporated, 13 undertake, such studies as may be necessary to identify areas in which the operations of RFE/RL, Incorporated,13 may be made more efficient and economical;

(4) to develop and apply such financial procedures, and to make such audits of RFE/RL, Incorporated,13 as the Board may determine are necessary, to assure that grants are applied in accordance with the purposes for which such grants are made;

(5) to develop and apply such evaluative procedures as the Board may determine are necessary to assure that grants are applied in a manner not inconsistent with the broad foreign policy objectives of the United States Government;

(6) to appoint such staff personnel as may be necessary, subject to the provisions of section 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;

(7)A) to procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the rate provided for GS-18; and

(B) to allow those providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by sec

10 Sec. 302(a)(3) of the Foreign Relations Authorization Act, Fiscal Year 1977, substituted the words "The ex officio member" in lieu of "Ex officio members".

11 Subsec. (c) was added by sec. 302(b) of the Foreign Relations Authorization Act, Fiscal Year 1977.

12 22 U.S.C. 2873.

13 Sec. 315(c) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 445), amended and restated sec. (4XaX1), to accommodate the pending repeal of this Act and the establishment of the Broadcasting Board of Governors. See box note, page 1105.

tion 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed;

(8)14 to make available for its own use or for the use of RFE/ RL, Incorporated, for official reception and representational expenses not to exceed $65,000 of the funds made available to carry out this Act each fiscal year;

(9)14 to report annually to the President and the Congress on or before the 31st day of January, 15 summarizing the activities of the Board during the year ending the preceding September 15 30, and reviewing and evaluating the operation of RFE/ RL, Incorporated,13 during such year; and

(10) 14 to prescribe such regulations as the Board deems necessary to govern the manner in which its functions shall be carried out.

(b) In carrying out the foregoing functions, the Board shall bear in mind the necessity of maintaining the professional independence and integrity of RFE/RL, Incorporated.13

RECORDS; AUDIT; CONTRIBUTORS

SEC. 5.16 (a) The Board shall require that RFE/RL, Incorporated,17 keep records which fully disclose the amount and disposition of assistance provided under this Act, the total cost of the undertakings or programs in connection with which such assistance is given or used, that portion of the cost of the undertakings or programs supplied by other sources, and such other records as will facilitate an effective audit.

(b) The Board and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of RFE/RL, Incorporated,17 which, in the opinion of the Board or the Comptroller General, may be related or pertinent to the assistance provided under this Act.

(c) No grant may be made under this Act unless RFE/RL Incorporated,18 agrees to make available, and does make available, for public inspection, during normal business hours at its principal office in the United States, a complete list of every person and government making a contribution to RFE/RL, Incorporated, 19 (including a contribution made to any corporation or other entity having a principal purpose of receiving private contributions on behalf of RFE/RL, Incorporated) 20 during the fiscal year preceding the making of the grant and the fiscal year in which the grant is to be made, the address of the person or government making the con

14 Sec. 304 of Public Law 95-426 (92 Stat. 976) redesignated pars. (8) and (9) as pars. (9) and (10), respectively, and added a new par. (8), effective October 1, 1978.

18 Sec. 302(c) of the Foreign Relations Authorization Act, Fiscal Year 1977, inserted "31st day of January" and "September" in lieu of “30th day of October" and "June", respectively. 1622 U.S.C. 2874.

17 Sec. 302(dX3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), inserted "RFE/RL, Incorporated,” in lieu of “Radio Free Europe and Radio Liberty".

18 Sec. 302(dX3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), inserted "RFE/RL, Incorporated," in lieu of "the radio to which the grant is to be made".

19 Sec. 302(dX3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), inserted "RFE/RL, Incorporated," in lieu of “that radio”.

20 The parenthetical phrase was added by sec. 305 of Public Law 95-426 (92 Stat. 976).

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