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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 contribution, the amount of each such contribution, and the date the contribution was made.

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

10 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.

26 22 U.S.C. 2874.

17 Sec. 302(1X3) 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(2X3) of the Forcign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), inserted “RFE/RL, Incorporaled," in licu of "the radio to which the grant is to be made".

19 Sec. 302(0X3) of the Forcign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), inserted "RFE/RL, Incorporatod," in lieu of "that radio".

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

ROLE OF THE SECRETARY OF STATE SEC. 6. (a)21 To assist the Board in carrying out its functions, the Secretary of State shall provide the Board with such information regarding the foreign policy of the United States as the Secretary may deem appropriate. The Secretary shall report regularly to the Board on the impact of broadcasts by RFE/RL, Incorporated, in Eastern Europe and the Soviet Union.21

(b) 22 No grant may be made under this Act unless RFE/RL, Incorporated, agrees to the presence of an observer representing the Secretary of State at the meetings of its Board of Directors.

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PUBLIC SUPPORT Sec. 7.23 The Board is authorized to receive donations, bequests, devises, gifts, and other forms of contributions of cash, services, 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(c)(2), 2055(a)(2), or 2522(a)(2) of the Code, as the case may be.

21 22 U.S.C. 2875. Sec. 305 (a) (1) and (2) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93, 99 Stat. 405), designated this section as sec. (a) and added the text of the second sentence relating to reporting of impact of broadcasts.

2 Subsec. (b) was added by sec. 305 (a) (3) of the Foreign Relations Authorization Act, Fiscal Year 1986 and 1987 (Public Law 99-93; 99 Slat. 405).

23 22 U.S.C. 2876.

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

* 22 U.S.C. 2877. The Department of State and Related Agencies Appropriations Act, 1995 (title V of Public Law 103_317; 108 Slat. 1770), provided the following:

"INTERNATIONAL BROADCASTING OPERATIONS "For expenses necessary to enable the United States Information Agency, as authorized by the United States Information and Educational Exchange Act of 1948, as amended, and Reorganization Plan No. 2 of 1977. Lo carry out international communication act

activitie *** Provided, That $229,735,000 shall be transferred to the Board for International Broad casting and shall remain available until expended for expenses authorized by the Board for International Broadcasting Act of 1973, as amended, of which not to exceed $45,000 shall be available for official reception and representation expenses: Provided further, That on the date upon which the Board for International Broadcasting Act of 1973 (22 U.S.Č. 2871, et seq.) is repealed, as provided for by section 310(c) of the Foreign Relations Authorization Act, fiscal years 1994 and 1995 (Public Law 103-236; 108 Stat. 442), funds made available for expenses of the Board for International Broadcasting shall be made available until expended only for expenses necessary to enable the Broadcasting Board of Governors to carry out the authorities pro vided in section 305(a) of Public Law 103-236, including the appointment of stall personnel as authorized by section 305(aX11) of Public Law 103-236: Provided further, That such amounts appropriated to the Board for International Broadcasting in fiscal year 1994 as are certified by the Office of Management and Budget to the Congress as gains due to the fluctuation of foreign currency, may be used in fiscal year 1995 and thereaster either to offset foreign currency losses or to offset unfunded RFE/RL costs associated with the implementation of Public Law 103–236: Provided further, That obligated but unexpended balances appropriated in fiscal year 1990 to fund planned transmitter modernization expenses may be expended in fiscal year 1995 for unfunded RFE/RL costs associated with the implementation of Public Law 103–236: Provided further, That funds appropriated under this Act used by the Board for International Broadcasting or the Broadcasting Board of Governors to relocate oshces or operations of RFE/RL, Incorporated, from Munich, Germany lo Prague, Czech Republic, shall be made available only from funds provided for the Board for International Broadcasting in this paragraph: Provided further, That none of the funds provided by this Act for the United States Information Agency, except for amounts made available for transfer to the Board for International Broadcasting, shall be available for any excess cost to implement the plan required by section 310 of Public Law 103236: Provided further, That no funds appropria led under this heading may be expended for the payment of retroactive operating costs, including rent on facilities, in Prague, or for the payment of operating costs prior lo lhe dale or signing a lease by RFE/RL, Incorporated: Provided further, That not less than the amount appropriated by this Act for the Office of Inspector General, Board for International Broadcasting shall be ava

hall be available for semiannual reviews of RFE/I corporated and that on-site revicw is maintained at the current level throughout the duration of the relocation transition.".

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-$86,519,000; fiscal year 1983—$111,600,000; riscal 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; riscal year 1990–$180,330,000; fiscal year 1991-$187,543,000.

20 Séc. 241(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Slat. 704), amended and restated sec. 8(aX1).

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

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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 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 li.

abilities. 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

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

28 The words "or such changes" were added by sec. 112(c) of Public Law 97–241 (96 Stat. 278)

20 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. (6) 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 95 426 (92 Stat. 977), and amended and restated by sec. 303 of the BIB Authorization Act, Fiscal Year 1984 and 1985 (tille Il 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 Slat. 405).

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

States of morated, as of the Unitedth alternatingress, on this Act, the

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/ 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, Incorporated, 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.

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

* 22 U.S.C. 2880. Soc. 11 was added by soc. 403(a) of Public Law 97–241 (96 Stat. 296).

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