§ 6203. — Establishment of Broadcasting Board of Governors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6203]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 71--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 6203. Establishment of Broadcasting Board of Governors
(a) Continued existence within Executive branch
(1) In general
The Broadcasting Board of Governors shall continue to exist
within the Executive branch of Government as an entity described in
section 104 of title 5.
(2) Retention of existing Board members
The members of the Broadcasting Board of Governors appointed by
the President pursuant to subsection (b)(1)(A) before the effective
date of title XIII of the Foreign Affairs Agencies Consolidation Act
of 1998 and holding office as of that date may serve the remainder
of their terms of office without reappointment.
(3) Inspector General authorities
(A) In general
The Inspector General of the Department of State and the
Foreign Service shall exercise the same authorities with respect
to the Broadcasting Board of Governors and the International
Broadcasting Bureau as the Inspector General exercises under the
Inspector General Act of 1978 and section 3929 of this title
with respect to the Department of State.
(B) Respect for journalistic integrity of broadcasters
The Inspector General shall respect the journalistic
integrity of all the broadcasters covered by this chapter and
may not evaluate the philosophical or political perspectives
reflected in the content of broadcasts.
(b) Composition of Board
(1) The Board shall consist of 9 members, as follows:
(A) 8 voting members who shall be appointed by the President, by
and with the advice and consent of the Senate.
(B) The Secretary of State who shall also be a voting member.
(2) The President shall appoint one member (other than the Secretary
of State) as Chairman of the Board, subject to the advice and consent of
the Senate.
(3) Exclusive of the Secretary of State, not more than 4 of the
members of the Board appointed by the President shall be of the same
political party.
(c) Term of office
The term of office of each member of the Board shall be three years,
except that the Secretary of State shall remain a member of the Board
during the Director's \1\ term of service. Of the other 8 voting
members, the initial terms of office of two members shall be one year,
and the initial terms of office of 3 other members shall be two years,
as determined by the President. 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 a successor has been appointed
and qualified. When there is no Secretary of State, the Acting Secretary
of State shall serve as a member of the Board until a Director \2\ is
appointed.
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\1\ So in original. Probably should be ``Secretary's''.
\2\ So in original. Probably should be ``Secretary''.
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(d) Selection of Board
Members of the Board appointed by the President shall be citizens of
the United States who are not regular full-time employees of the United
States Government. 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 prescribed for level IV of the Executive Schedule under
section 5315 of title 5. While away from their homes or regular places
of business, members of the Board 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. The Secretary of State shall not be entitled to any
compensation under this chapter, but may be allowed travel expenses as
provided under this subsection.
(f) Decisions
Decisions of the Board shall be made by majority vote, a quorum
being present. A quorum shall consist of 5 members.
(g) Immunity from civil liability
Notwithstanding any other provision of law, any and all limitations
on liability that apply to the members of the Broadcasting Board of
Governors also shall apply to such members when acting in their
capacities as members of the boards of directors of RFE/RL, Incorporated
and Radio Free Asia.
(Pub. L. 103-236, title III, Sec. 304, Apr. 30, 1994, 108 Stat. 434;
Pub. L. 105-277, div. G, subdiv. A, title XIII, Secs. 1322, 1323(b),
(c), Oct. 21, 1998, 112 Stat. 2681-777, 2681-778; Pub. L. 106-113, div.
B, Sec. 1000(a)(7) [div. A, title V, Secs. 502, 504], Nov. 29, 1999, 113
Stat. 1536, 1501A-451.)
References in Text
For the effective date of title XIII of the Foreign Affairs Agencies
Consolidation Act of 1998, referred to in subsec. (a)(2), meaning the
effective date of title XIII of subdiv. A of div. G of Pub. L. 105-277,
see section 1301 of Pub. L. 105-277, set out as a note under section
6531 of this title.
The Inspector General Act of 1978, referred to in subsec. (a)(3)(A),
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.
Amendments
1999--Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
title V, Sec. 502(2)], which directed amendment of par. (2) by inserting
``, subject to the advice and consent of the Senate'' at end, was
executed by making the insertion before period at end, to reflect the
probable intent of Congress.
Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V, Sec. 502(1)],
substituted ``appoint'' for ``designate''.
Subsec. (g). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V,
Sec. 504], added subsec. (g).
1998--Subsec. (a). Pub. L. 105-277, Sec. 1322, amended heading and
text of subsec. (a) generally. Prior to amendment, text read as follows:
``There is hereby established within the United States Information
Agency a Broadcasting Board of Governors (hereafter in this chapter
referred to as the `Board').''
Subsec. (b). Pub. L. 105-277, Sec. 1323(b), substituted ``Secretary
of State'' for ``Director of the United States Information Agency''
wherever appearing.
Subsec. (c). Pub. L. 105-277, Sec. 1323(b), (c), in first sentence,
substituted ``Secretary of State'' for ``Director of the United States
Information Agency'', and in last sentence, substituted ``no Secretary
of State'' for ``no Director of the United States Information Agency''
and ``Acting Secretary of State'' for ``acting Director of the agency''.
Subsec. (e). Pub. L. 105-277, Sec. 1323(b), substituted ``Secretary
of State'' for ``Director of the United States Information Agency''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section
1301 of Pub. L. 105-277, set out as an Effective Date note under section
6531 of this title.
Section Referred to in Other Sections
This section is referred to in section 6207 of this title.
