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,
§ 6210 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1274

certificates, licenses, registrations, privileges,

and other administrative actions—

(A) which have been issued, made, granted,

or allowed to become effective by the President, any Federal agency or official thereof,

or by a court of competent jurisdiction, in

the performance of functions which are

transferred under this chapter; and

(B) which are in effect at the time this

chapter takes effect, or were final before the

effective date of this chapter and are to become effective on or after the effective date

of this chapter,

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.

(2) Proceedings not affected

The provisions of this chapter shall not affect any proceedings pending before the Board

for International Broadcasting at the time

this chapter takes effect, with respect to functions transferred by this chapter, 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 chapter 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 chapter had not been enacted.

(3) Suits not affected

The provisions of this chapter shall not affect suits commenced before the effective date

of this chapter, 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 chapter had not been

enacted.

(4) Nonabatement 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 chapter.

(5) Administrative 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

chapter may be continued by the United

States Information Agency with the same effect as if this chapter had not been enacted.

(6) References

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.

(7) Effect on other laws

The provisions of, and authorities contained

in or transferred pursuant to, this chapter 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—

(A) specifically refers to the provision of

law or authority existing on the effective

date of this chapter, so affected; or

(B) is in direct conflict with such law or

authority existing on the effective date of

this chapter.

(Pub. L. 103–236, title III, §310, Apr. 30, 1994, 108

Stat. 442.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(1), is Pub. L.

103–236, Apr. 30, 1994, 108 Stat. 382, known as the Foreign

Relations Authorization Act, Fiscal Years 1994 and 1995.

Section 201 of the Act, 108 Stat. 420, is not classified to

the Code. For complete classification of this Act to the

Code, see Short Title note set out under section 2651 of

this title and Tables.

The United States Information and Educational Exchange Act of 1948, referred to in subsec. (d), is act Jan.

27, 1948, ch. 36, 62 Stat. 6, as amended. Title VIII of the

Act is classified generally to subchapter VIII (§1471 et

seq.) of chapter 18 of this title. Title IX of the Act is

classified to sections 1478 and 1479 of this title. For

complete classification of this Act to the Code, see

Short Title note set out under section 1431 of this title

and Tables.

The Board for International Broadcasting Act of 1973,

referred to in subsec. (e), is Pub. L. 93–129, Oct. 19, 1973,

87 Stat. 456, as amended, which was classified generally

to chapter 43 (§2871 et seq.) of this title. As to the date

on which all members of the Broadcasting Board of

Governors are confirmed, the Members of the Board

were confirmed by the Senate on Aug. 11, 1995, see

Cong. Rec., vol. 141, p. S12519, Daily Issue.

The effective date of this chapter, referred to in subsec. (f)(1)(B), (3), (7), probably means the date of enactment of title III of Pub. L. 103–236 which enacted this

chapter and was approved Apr. 30, 1994.

§ 6210. Preservation of American jobs

It is the sense of the Congress that the Director of the United States Information Agency and

the Chairman of the Board for International

Broadcasting should, in developing the plan for

consolidation and reorganization of overseas

international broadcasting services, limit, to

the maximum extent feasible, consistent with

the purposes of the consolidation, elimination of

any United States-based positions and should affirmatively seek to transfer as many positions

as possible to the United States.

(Pub. L. 103–236, title III, §311, Apr. 30, 1994, 108

Stat. 444.)

§ 6211. Privatization of Radio Free Europe and

Radio Liberty

(a) Declaration of policy

It is the sense of the Congress that, in furtherance of the objectives of section 6201 of this