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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1262 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1262

To reorganize United States international broadcasting, to authorize an 
         Asian Democracy Radio service, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 20 (legislative day, June 30), 1993

  Mr. Pell (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To reorganize United States international broadcasting, to authorize an 
         Asian Democracy Radio service, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``United States International 
Broadcasting Act of 1993.''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    The Congress hereby finds and declares--
            (a) that United States publicly-funded international radio 
        broadcasters--VOA, RFE/RL, Inc., and Radio Marti--have won the 
        attention and respect of millions of listeners, especially in 
        closed societies and emerging democracies, by serving as a 
        consistently reliable and authoritative source of news and 
        information about events in the respective audience areas, as 
        well as in the international community and in the United 
        States;
            (b) that the Voice of America (VOA) has built a substantial 
        global listenership by providing full-service programming of 
        high quality about events around the world, significant 
        developments in all countries to which it broadcasts, as well 
        as information about the United States, its policies, 
        institutions and people, consistent with Public Law 94-350;
            (c) that the continuation of Radio Free Europe and Radio 
        Liberty broadcasting 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;
            (d) that Radio Marti and Television Marti, continue to 
        broadcast, in a manner not inconsistent with the broad foreign 
        policy of the United States, to Cuba news, commentary, and 
        other information about events in Cuba and elsewhere, and 
        promote the cause of freedom in Cuba;
            (e) that the introduction of similar radio broadcasting to 
        the people of Asia in those countries where communications 
        media are not fully developed or free would serve the goals of 
        United States foreign policy by promoting freedom and democracy 
        in those countries;
            (f) that it is the policy of the United States to promote 
        the rights 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;
            (g) that open communication of information and ideas among 
        the peoples of the world contributes to the advances of 
        democracy and international peace, and that promotion of such 
        information is in the interests of the United States;
            (h) that the long-range interests of the United States 
        continue to be served by communicating directly with the 
        peoples of the world by radio and television;
            (i) that the continuation of all broadcasting carried out 
        prior to the date of enactment of this Act by the United States 
        Information Agency including, but not limited to the Voice of 
        America, Radio Marti, TV Marti, WORLDNET Television and Film 
        Service, all under existing mandates, charters, and authorities 
        is in the national interest; and
            (j) that a reorganization and consolidation of United 
        States nonmilitary international broadcasting will strengthen 
        the capability of such broadcasting to support freedom and 
        democracy around the world and will achieve a more efficient 
        utilization of scarce national resources.

SEC. 3. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

    (a) Establishment.--There is hereby established within the United 
States Information Agency a Broadcasting Board of Governors 
(hereinafter referred to as the ``Board'').
    (b) Composition of the Board.--The Board shall consist of eight 
members. The President shall appoint, by and with the advice and 
consent of the Senate, seven voting members to the Board. The President 
shall designate one member (other than the Director of the United 
States Information Agency) as Chairman of the Board. The Director of 
the United States Information Agency shall be one of the voting 
members. The Director of the International Broadcasting Bureau, ex 
officio, shall be a member of the Board, but may not vote in the 
determinations of the Board.
    (c) Term of Office.--The term of office of each member of the Board 
shall be three years, except that the Director of the United States 
Information Agency and the Director of the International Broadcasting 
Bureau of the United States Information Agency shall remain members of 
the Board during their respective terms of service. The President shall 
appoint, by and with the advice and consent of the Senate, Board 
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.
    (d) Selection of Board.--Members of the Board appointed by the 
President shall be citizens of the United States who are not currently 
regular full-time employees of the United States Government, except the 
Director of the United States Information Agency. Such members shall be 
selected by the President from among Americans distinguished in the 
fields of mass communications, print, broadcast media or foreign 
affairs.
    (e) Compensation.--Members of the Board, 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 
travel time, shall be entitled to receive compensation equal to the 
daily equivalent of the compensation provided for Level IV of the 
Executive Schedule under Section 5315 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 
employed intermittently: Provided, however, that the Director of the 
United States Information Agency and the Director, International 
Broadcasting Bureau, United States Information Agency, shall not be 
entitled to any compensation under this Act, but may be allowed travel 
expenses as provided in the preceding sentence.

SEC. 4. FUNCTIONS OF THE BOARD.

    The Board is authorized--
            (a) to provide guidance and oversight to the International 
        Broadcasting Bureau which is authorized to administer Radio 
        Free Europe, Radio Liberty, Voice of America, the Office of 
        Cuban Broadcasting, Asian Democracy Radio, and such services of 
        WORLDNET Television and Film Service as determined by the Board 
        with the concurrence of the Director of the United States 
        Information Agency;
            (b) to review and evaluate the mission and operation of the 
        International Broadcasting Bureau and to assess the quality, 
        effectiveness and professional integrity of its programming 
        within the context of the foreign policy objectives of the 
        United States;
            (c) to review and evaluate, at least annually, the mix of 
        traditional Voice of America programming and surrogate 
        programming and make recommendations to the President, through 
        the Director of the United States Information Agency, on the 
        addition or deletion of language services;
            (d) to undertake such studies as may be necessary to 
        identify areas in which the operations of the International 
        Broadcasting Bureau could be made more efficient and 
        economical;
            (e) to report annually to the President, through the 
        Director of the United States Information Agency, summarizing 
        the activities of the Board and evaluating the operations of 
        the International Broadcasting Bureau;
            (f) to the extent it deems necessary to carry out the 
        functions under this Act, procure supplies, services and other 
        personal property;
            (g) to appoint such staff personnel for the Board as may be 
        necessary, subject to the provisions of title 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; and
            (h) to make available for its own use, for official 
        reception and representation expenses not to exceed the current 
        amount authorized for the Board for International Broadcasting, 
        which will not be increased or decreased without the 
        concurrence of the Director of the United States Information 
        Agency and the Chairman of the Board.

SEC. 5. JOURNALISTIC INTEGRITY AND FOREIGN POLICY GUIDANCE.

            The Board shall protect the Bureau against political 
        interference with broadcasting. The United States Information 
        Agency will respect the professional independence and integrity 
        of the broadcasting services. The Secretary of State shall 
        provide information and guidance on foreign policy issues to 
        the Director of the United States Information Agency. The 
        Director of the United States Information Agency shall provide 
        guidance on foreign policy issues to the Board members.

SEC. 6. INTERNATIONAL BROADCASTING BUREAU.

            (A) Establishment.--There is hereby established an 
        International Broadcasting Bureau within the United States 
        Information Agency (hereinafter the ``Bureau'').
            (b) Organization of the Bureau.--The Bureau, in recognition 
        of and to implement the purposes of this Act, will consist of 
        the following separate elements:
            (1) Voice of America;
            (2) Office of Surrogate Broadcasting;
            (3) Such services of the WORLDNET Television and Film 
        Service as determined by the Board with the concurrence of the 
        Director of the United States Information Agency;
            (4) Engineering and Technical Operations; and,
            (5) Such other elements as the Director of the 
        International Broadcasting Bureau may from time to time 
        establish with the concurrence of the Director of the United 
        States Information Agency and the Board.
            (c) Organization of the Office of Surrogate Broadcasting.--
        The Office of Surrogate Broadcasting will administer and 
        oversee Radio Free Europe, Radio Liberty, the Office of Cuba 
        Broadcasting (including Radio Marti and TV Marti), and Asian 
        Democracy Radio, and such other surrogate services as may from 
        time to time be established.
            (d) Selection of the Director of the Bureau.--The Director 
        of the Bureau will 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 now or hereafter prescribed by 
        law for Level IV of the Executive Schedule.
            (e) Separately Identified Appropriation Account.--Funding 
        for the Bureau and the Board shall be provided in a separately 
        identified appropriation account and be authorized as a 
        separate category by the Congress. The Director of the Bureau 
        shall submit proposals on appropriation of broadcasting funds 
        to the Board. The Board will forward its recommendations 
        concerning the proposed budget for the Board and the Bureau to 
        the Director of the United States Information Agency for his 
        consideration as a part of the Agency's budget submission to 
        the Office of Management and Budget. 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.

SEC. 7. ASIAN DEMOCRACY RADIO.

    The Director of the United States Information Agency is authorized 
to create and support within the Office of Surrogate Broadcasting of 
the International Broadcasting Bureau a surrogate broadcasting service 
to be known as ``Asian Democracy Radio,'' which shall--
            (a) provide accurate and timely information, news, 
        commentary about events in the respective countries of Asia and 
        elsewhere to promote the cause of freedom and democracy in 
        those countries of Asia where communications media are not 
        fully developed or free; and
            (b) be a source of information about developments in Asia 
        and a forum for a variety of opinions and voices from within 
        Asian nations whose people do not fully enjoy freedom of 
        expression.

SEC. 8. TRANSITION.

    (a) Authorization.--The President is hereby authorized 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 Act.
    (b) Excepted Service Appointment Authority.--Notwithstanding the 
provisions of section 607 of the Treasury, Postal Service, and General 
Government Appropriations Act, 1993, Public Law 102-393, or any other 
Act, now or hereafter enacted barring employment or compensation on the 
basis of citizenship, the Director of the United States Information 
Agency shall appoint to the United States Information Agency, the 
Bureau, or the Board, any personnel or RFE/RL, Inc., who are permanent 
employees as of September 30, 1995, without regard to the provisions of 
title 5 of the United States Code governing appointments in the 
competitive service, and fix their compensation without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
5, governing classification and General Schedule pay rates. To the 
extent permitted by law, compensation, benefits, and personnel rules 
shall be modeled after existing RFE/RL, Inc., personnel and 
compensation systems until the employees leave or retire.
    (c) New Appointees.--The Director of United States Information 
Agency may assign personnel for service with RFE/RL, Inc., with the 
concurrence of the President of RFE/RL, Inc., between the date of 
enactment of this Act and September 30, 1995. Such assignment shall not 
affect the rights and benefits of such personnel as employees of the 
United States Information Agency.
    (d) Board for International Broadcasting Personnel.--All Board for 
International Broadcasting full-time United States Government personnel 
(except special Government employees) and part-time 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.
    (e) 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, as amended, and any other authority available to the 
Director on the effective date of this Act, to the extent that he or 
she deems necessary in carrying out the provisions and purposes of this 
Act.
    (f) Repeal.--The Board for International Broadcasting Act of 1973, 
as amended, (22 U.S.C. 2871, et seq.) is hereby repealed effective 
September 30, 1994, but in no event shall the Act be repealed before 
the appointment and confirmation of all members to the Broadcasting 
Board of Governors.
    (g) Appropriated funds.--No appropriated funds shall be available 
for grants to RFE/RL, Inc. after September 30, 1995.
    (h) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, 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 Act, and
                    (B) which are in effect at the time this Act takes 
                effect, or were final before the effective date of this 
                Act and are to become effective on or after the 
                effective date of this Act,
        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 Act 
        shall not affect any proceedings pending before the Board for 
        International Broadcasting at the time this Act takes effect, 
        with respect to functions transferred by this Act, 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 Act 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 discontinuance or 
        modification of any such proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this Act had not been 
        enacted.
            (3) Suits not affected.--The provisions of this Act shall 
        not affect suits commenced before the effective date of this 
        Act, 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 Act 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 Act.
            (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 the function transferred 
        under this Act may be continued by the United States 
        Information Agency with the same effect as if this Act 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 Act 
        are not intended to repeal, limit, or otherwise derogate from 
        the authorities or functions of or available 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 Act, 
                so affected; or
                    (B) is in direct conflict with such law or 
                authority existing on the effective date of this Act.
            (8) Board of directors, rfe/rl, inc.--
                    (A) At such time, and in such manner as the 
                President directs, no grant may be made to RFE/RL Inc., 
                unless the certificate of incorporation of RFE/RL, 
                Inc., has been amended to provide that--
                            (i) the Broadcasting Board of Directors of 
                        RFE/RL, Inc., shall consist of the members of 
                        the Board of Governors and of no other members, 
                        except that the Director of the Bureau shall be 
                        a nonvoting member; and
                            (ii) such Broadcasting Board of Governors 
                        shall make all major policy determinations 
                        governing the operation of RFE/RL, Inc., and 
                        shall appoint and fix the compensation of such 
                        managerial officers and employees of RFE/RL, 
                        Inc., 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 of 
                RFE/RL, Inc., a federal agency or instrumentality.
            (9) Authorization for appropriation.--There is authorized 
        to be appropriated $540,046,000 for fiscal year 1995, 
        $395,356,000 for fiscal year 1996, and $400,784,000 for fiscal 
        year 1997 for the International Broadcasting Operations 
        account. In addition, $106,271,000 for fiscal year 1995, 
        $108,874,000 for fiscal year 1996, and $111,528,000 for fiscal 
        year 1997 are authorized to be appropriated for the Radio 
        Construction Account.

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