§ 6208 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1272

19, 1973, 87 Stat. 456, as amended, which was classified

generally to chapter 43 (§2871 et seq.) of this title prior

to repeal by Pub. L. 103–236, title III, §310(e), Apr. 30,

1994, 108 Stat. 442. See section 6209(e) of this title.

The Inspector General Act of 1978, referred to in subsec. (j)(3), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,

as amended, which is set out in the Appendix to Title

5, Government Organization and Employees.

LIAISON WITH RFE/RL, INCORPORATED;

REPRESENTATION AT BOARD MEETINGS

Section 305(b) of Pub. L. 99–93 provided that: ‘‘The

Secretary of State shall—

‘‘(1) establish an office within the United States

Consulate in Munich, Federal Republic of Germany,

which shall be responsible for the daily liaison operations of the Department of State with RFE/RL, Incorporated; and

‘‘(2) be represented by an observer at each meeting

of the Board for International Broadcasting and of

the Board of Directors of RFE/RL, Incorporated.’’

PRESIDENTIAL DETERMINATION ON RFE/RL RELOCATION

Determination of President of the United States, No.

94–32, July 12, 1994, 59 F.R. 37649, provided:

Pursuant to the authority vested in me by section

308(k) of the United States International Broadcasting

Act of 1994 (Public Law 103–236) [22 U.S.C. 6207(k)] (the

‘‘Act’’), I hereby certify that significant national interest requires a relocation of the operations of RFE/RL,

Incorporated from Munich, Germany, to Prague, Czech

Republic, before the confirmation of a new Board of

Broadcasting Governors can be completed.

You are authorized and directed to transmit this determination to the appropriate committees of the Congress (as defined in section 314 of the Act [22 U.S.C.

6213]) and to arrange for its publication in the Federal

Register.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6204, 6206 of this

title.

§ 6208. Radio Free Asia

(a) Authority

(1) Grants authorized under section 6204 of this

title 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.

(2) Such broadcasting service shall be referred

to as ‘‘Radio Free Asia’’.

(b) Functions

Radio Free Asia shall—

(1) provide accurate and timely information,

news, and commentary about events in the respective countries of Asia and elsewhere; and

(2) be a forum for a variety of opinions and

voices from within Asian nations whose people

do not fully enjoy freedom of expression.

(c) Submission of detailed plan for Radio Free

Asia

(1) No 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—

(A) a description of the manner in which

Radio Free Asia would meet the funding limitations provided in subsection (d)(4) of this

section;

(B) a description of the numbers and qualifications of employees it proposes to hire; and

(C) how it proposes to meet the technical requirements for carrying out its responsibilities under this section.

(2) The 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.

(3) No 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) of this section and subsection (d)(5) of this section.

(4) If 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.

(d) Grant agreement

Any grant agreement or grants under this section shall be subject to the following limitations

and restrictions:

(1)(A) The 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.

(B) 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 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.

(2) Any 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.

(3) Any 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.

(4) Grants made for the operating costs of

Radio Free Asia may not exceed $22,000,000 in

any fiscal year.

(5) The total amount of grant funds made

available for one-time capital costs of Radio

Free Asia may not exceed $8,000,000.

(6) Grants 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.
Page 1273 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6209

1See References in Text note below.

(e) Limitations 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.

(f) Assessment of 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—

(1) whether Radio Free Asia is technically

sound and cost-effective,

(2) whether Radio Free Asia consistently

meets the standards for quality and objectivity established by this chapter,

(3) whether Radio Free Asia is received by a

sufficient audience to warrant its continuation,

(4) the extent to which such broadcasting is

already being received by the target audience

from other credible sources; and

(5) the extent to which the interests of the

United States are being served by maintaining

broadcasting of Radio Free Asia.

(g) Sunset 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.

(h) Notification 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.

(i) Not a Federal agency or instrumentality

Nothing in this chapter may be construed to

make Radio Free Asia a Federal agency or instrumentality.

(Pub. L. 103–236, title III, §309, Apr. 30, 1994, 108

Stat. 439; Pub. L. 103–415, §1(s)(2), Oct. 25, 1994,

108 Stat. 4302.)

AMENDMENTS

1994—Subsec. (d)(1)(B). Pub. L. 103–415 inserted ‘‘of all

members’’ after ‘‘confirmation’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6204, 6206, 6207

of this title.

§ 6209. Transition

(a) Authorization

(1) The 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 chapter.

(2)(A) Not later than 120 days after April 30,

1994, 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 chapter. 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.

(B) The President shall transmit copies of the

approved plan, together with any recommendations for legislative changes that may be necessary, to the appropriate congressional committees.

(b) New 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.

(c) Board for International Broadcasting personnel

All Board for International Broadcasting fulltime United States Government personnel (except special Government employees) and parttime 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.

(d) Other 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 [22

U.S.C. 1471 et seq., 1478, 1479], and any other authority available to the Director on April 30,

1994, to the extent that the Director considers

necessary in carrying out the provisions and

purposes of this chapter.

(e) Repeal

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.1

(f) Savings provisions

(1) Continuing effect of legal documents

All orders, determinations, rules, regulations, permits, agreements, grants, contracts,