§ 6204. — Authorities of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6204]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 71--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 6204. Authorities of Board
(a) Authorities
The Board shall have the following authorities:
(1) To supervise all broadcasting activities conducted pursuant
to this chapter, the Radio Broadcasting to Cuba Act [22 U.S.C. 1465
et seq.],,\1\ the Television Broadcasting to Cuba Act [22 U.S.C.
1465aa et seq.], and Worldnet Television, except as provided in
section 6205(b) of this title.
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\1\ So in original.
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(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, after
consultation with the Secretary of State, 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 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.]. Each
annual report shall place special emphasis on the assessment
described in paragraph (2).
(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 1998 and
1999 may not exceed the amount made available to the Board and the
International Broadcasting Bureau for such purposes for fiscal year
1997).
(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.
(15)(A) To procure temporary and intermittent personal services
to the same extent as is authorized by section 3109 of title 5, at
rates not to exceed the daily equivalent of the rate provided for
positions classified above grade GS-15 of the General Schedule under
section 5108 of title 5.
(B) To allow those providing such services, while away from
their homes or their regular places of business, travel expenses
(including per diem in lieu of subsistence) as authorized by section
5703 of title 5 for persons in the Government service employed
intermittently, while so employed.
(16) To procure, pursuant to section 1535 of title 31 (commonly
known as the ``Economy Act''), such goods and services from other
departments or agencies for the Board and the International
Broadcasting Bureau as the Board determines are appropriate.
(17) To utilize the provisions of titles III, IV, V, VII, VIII,
IX, and X of the United States Information and Educational Exchange
Act of 1948 [22 U.S.C. 1431 et seq.], and section 6 of
Reorganization Plan Number 2 of 1977, as in effect on the day before
the effective date of title XIII of the Foreign Affairs Agencies
Consolidation Act of 1998, to the extent the Board considers
necessary in carrying out the provisions and purposes of this
chapter.
(18) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that had
been available to the Director of the United States Information
Agency, the Bureau, or the Board before the effective date of title
XIII of the Foreign Affairs Consolidation Act of 1998 for carrying
out the broadcasting activities covered by this chapter.
(b) Delegation of authority
The Board may delegate to the Director of the International
Broadcasting Bureau, or any other officer or employee of the United
States, to the extent the Board determines to be appropriate, the
authorities provided in this section, except those authorities provided
in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of subsection
(a) of this section.
(c) Broadcasting budgets
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
Office of Management and Budget.
(d) Professional independence of broadcasters
The Secretary of State and the Board, in carrying out their
functions, shall respect the professional independence and integrity of
the International Broadcasting Bureau, its broadcasting services, and
the grantees of the Board.
(Pub. L. 103-236, title III, Sec. 305, Apr. 30, 1994, 108 Stat. 435;
Pub. L. 103-415, Sec. 1(s)(1), Oct. 25, 1994, 108 Stat. 4302; Pub. L.
105-277, div. G, subdiv. A, title XIII, Sec. 1323(e)-(i), Oct. 21, 1998,
112 Stat. 2681-778, 2681-779; Pub. L. 107-228, div. A, title V,
Sec. 507(1), Sept. 30, 2002, 116 Stat. 1394.)
References in Text
The Radio Broadcasting to Cuba Act, referred to in subsecs. (a)(1),
(9) and (c), is Pub. L. 98-111, Oct. 4, 1983, 97 Stat. 749, as amended,
which is classified generally to subchapter V-A (Sec. 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 (Sec. 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.
The United States Information and Educational Exchange Act of 1948,
referred to in subsec. (a)(17), is act Jan. 27, 1948, ch. 36, 62 Stat.
6, as amended, which is classified generally to chapter 18 (Sec. 1431 et
seq.) 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.
Section 6 of Reorganization Plan Number 2 of 1977, referred to in
subsec. (a)(17), which was set out under section 1461 of this title, was
repealed by Pub. L. 105-277, div. G, subdiv. A, title XIII,
Sec. 1336(6), Oct. 21, 1998, 112 Stat. 2681-790.
For the effective date of title XIII of the Foreign Affairs Agencies
Consolidation Act of 1998, referred to in subsec. (a)(17), (18), 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.
Codification
Section is comprised of section 305 of Pub. L. 103-236. Subsec. (e)
of section 305 of Pub. L. 103-236 amended sections 1465b and 1465c of
this title.
Amendments
2002--Subsec. (a)(4). Pub. L. 107-228 substituted ``annually,'' for
``annually,,''.
1998--Subsec. (a)(1). Pub. L. 105-277, Sec. 1323(e)(1), struck out
``direct and'' after ``To'' and substituted ``, the Television
Broadcasting to Cuba Act, and Worldnet Television, except as provided in
section 6205(b) of this title'' for ``and the Television Broadcasting to
Cuba Act''.
Subsec. (a)(4). Pub. L. 105-277, Sec. 1323(e)(2), inserted ``, after
consultation with the Secretary of State,'' after ``annually,''.
Subsec. (a)(9). Pub. L. 105-277, Sec. 1323(e)(3), struck out ``,
through the Director of the United States Information Agency,'' after
``the Congress'' and inserted at end ``Each annual report shall place
special emphasis on the assessment described in paragraph (2).''
Subsec. (a)(12). Pub. L. 105-277, Sec. 1323(e)(4), substituted
``1998 and 1999'' for ``1994 and 1995'' and ``to the Board and the
International Broadcasting Bureau for such purposes for fiscal year
1997'' for ``to the Board for International Broadcasting for such
purposes for fiscal year 1993''.
Subsec. (a)(15) to (18). Pub. L. 105-277, Sec. 1323(e)(5), added
pars. (15) to (18).
Subsec. (b). Pub. L. 105-277, Sec. 1323(f), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 105-277, Sec. 1323(g), (h), struck out ``(1)''
before ``The Director'', struck out ``the Director of the United States
Information Agency for the consideration of the Director as a part of
the Agency's budget submission to'' before ``the Office of Management
and Budget'', and struck out par. (2) which read as follows: ``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.''
Pub. L. 105-277, Sec. 1323(f)(1), redesignated subsec. (b) as (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 105-277, Sec. 1323(i), amended heading and text
of subsec. (d) generally. Prior to amendment, text read as follows:
``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. 105-277, Sec. 1323(f)(1), redesignated subsec. (c) as (d).
Pub. L. 105-277, Sec. 1323(f)(1), redesignated subsec. (d) as (e).
See Codification note above.
1994--Subsec. (a)(14). Pub. L. 103-415 substituted ``relay of
Radio'' for ``relay to Radio''.
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 sections 6207, 6208 of this title.