Page 1269 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6205

(1) To direct and supervise all broadcasting

activities conducted pursuant to this chapter,

the Radio Broadcasting to Cuba Act [22 U.S.C.

1465 et seq.], and the Television Broadcasting

to Cuba Act [22 U.S.C. 1465aa et seq.].

(2) To 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.

(3) To ensure that United States international broadcasting is conducted in accordance with the standards and principles contained in section 6202 of this title.

(4) To review, evaluate, and determine, at

least annually, the addition or deletion of language services.

(5) To make and supervise grants for broadcasting and related activities in accordance

with sections 6207 and 6208 of this title.

(6) To allocate funds appropriated for international broadcasting activities among the

various elements of the International Broadcasting Bureau and grantees, subject to the

limitations in sections 6207 and 6208 of this

title and subject to reprogramming notification requirements in law for the reallocation

of funds.

(7) To review engineering activities to ensure that all broadcasting elements receive

the highest quality and cost-effective delivery

services.

(8) To undertake such studies as may be necessary to identify areas in which broadcasting

activities under its authority could be made

more efficient and economical.

(9) To 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 chapter, the Radio Broadcasting to

Cuba Act [22 U.S.C. 1465 et seq.], and the Television Broadcasting to Cuba Act [22 U.S.C.

1465aa et seq.].

(10) To the extent considered necessary to

carry out the functions of the Board, procure

supplies, services, and other personal property.

(11) To appoint such staff personnel for the

Board as the Board may determine to be necessary, subject to the provisions of title 5 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.

(12) To 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).

(13) To 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.

(14) The Board may provide for the use of

United States Government transmitter capacity for relay of Radio Free Asia.

(b) Broadcasting budgets

(1) The Director of the Bureau and the grantees identified in sections 6207 and 6208 of this

title 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

chapter, the Radio Broadcasting to Cuba Act [22

U.S.C. 1465 et seq.], and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] 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.

(2) The 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.

(c) Implementation

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.

(Pub. L. 103–236, title III, §305, Apr. 30, 1994, 108

Stat. 435; Pub. L. 103–415, §1(s)(1), Oct. 25, 1994,

108 Stat. 4302.)

REFERENCES IN TEXT

The Radio Broadcasting to Cuba Act, referred to in

subsecs. (a)(1), (9) and (b)(1), is Pub. L. 98–111, Oct. 4,

1983, 97 Stat. 749, as amended, which is classified generally to subchapter V–A (§1465 et seq.) of chapter 18 of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1465 of

this title and Tables.

The Television Broadcasting to Cuba Act, referred to

in subsecs. (a)(1), (9) and (b)(1), is part D of title II of

Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, as amended,

which is classified principally to subchapter V–B

(§1465aa et seq.) of chapter 18 of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 1465aa of this title and

Tables.

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (a)(11),

are classified generally to section 3301 et seq. of Title

5, Government Organization and Employees.

CODIFICATION

Section is comprised of section 305 of Pub. L. 103–236.

Subsec. (d) of section 305 of Pub. L. 103–236 amended

sections 1465b and 1465c of this title.

AMENDMENTS

1994—Subsec. (a)(14). Pub. L. 103–415 substituted

‘‘relay of Radio’’ for ‘‘relay to Radio’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6207, 6208 of this

title.

§ 6205. Foreign policy guidance

To assist the Board in carrying out its functions, the Secretary of State, acting through the

Director of the United States Information Agen-
§ 6206 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1270

cy, shall provide information and guidance on

foreign policy issues to the Board.

(Pub. L. 103–236, title III, §306, Apr. 30, 1994, 108

Stat. 436.)

§ 6206. International Broadcasting Bureau

(a) Establishment

There is hereby established an International

Broadcasting Bureau within the United States

Information Agency (hereafter in this chapter

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 6207 and

6208 of this title.

(b) Selection of Director of Bureau

(1) The 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.

(2) Omitted.

(Pub. L. 103–236, title III, §307, Apr. 30, 1994, 108

Stat. 436.)

REFERENCES IN TEXT

Level IV of the Executive Schedule, referred to in

subsec. (b)(1), is set out in section 5315 of Title 5, Government Organization and Employees.

CODIFICATION

Section is comprised of section 307 of Pub. L. 103–236.

Subsec. (b)(2) of section 307 of Pub. L. 103–236 amended

section 5315 of Title 5, Government Organization and

Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6211, 6213 of this

title.

§ 6207. Limits on grants for Radio Free Europe

and Radio Liberty

(a) Board 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—

(1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the

Broadcasting Board of Governors established

under section 6203 of this title and of no other

members; 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 considers necessary to carry

out the purposes of the grant provided under

this chapter.

(b) Location of principal place of business

(1) The 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.

(2) Not 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.

(c) Limitation 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 6208 of this title 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.

(e) Not a Federal agency or instrumentality

Nothing in this chapter may be construed to

make RFE/RL, Incorporated a Federal agency or

instrumentality.

(f) Authority

Grants authorized under section 6204 of this

title 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

April 30, 1994, with respect to Radio Free Europe

and Radio Liberty, consistent with section 2 of

the Board for International Broadcasting Act of

1973 [22 U.S.C. 2871], as in effect on such date.

(g) Grant 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—

(1) that a grant be used only for activities

which the Board determines are consistent

with the purposes of subsection (f) of this section;

(2) that RFE/RL, Incorporated, shall otherwise comply with the requirements of this section;

(3) that 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;

(4) that 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

(5) that 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.