§ 6207. — Limits on grants for Radio Free Europe and Radio Liberty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6207]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 71--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 6207. Limits on grants for Radio Free Europe and Radio
Liberty
(a) Board of RFE/RL, Incorporated
The Board may not make any grant to RFE/RL, Incorporated, unless the
certificate of incorporation of RFE/RL, Incorporated, has been amended
to provide that--
(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Broadcasting Board of Governors
established under section 6203 of this title and of no other
members; and
(2) such Board of Directors shall make all major policy
determinations governing the operation of RFE/RL, Incorporated, and
shall appoint and fix the compensation of such managerial officers
and employees of RFE/RL, Incorporated, as it considers necessary to
carry out the purposes of the grant provided under this chapter.
(b) Location of principal place of business
(1) The Board may not make any grant to RFE/RL, Incorporated unless
the headquarters of RFE/RL, Incorporated and its senior administrative
and managerial staff are in a location which ensures economy,
operational effectiveness, and accountability to the Board.
(2) 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 RFE/RL, Incorporated
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.
(c) Limitation on grant amounts
The total amount of grants made for the operating costs of RFE/RL,
Incorporated, may not exceed $85,000,000 in fiscal year 2003.
(d) Alternative grantee
If the Board determines at any time that RFE/RL, Incorporated, is
not carrying out the functions described in section 6208 of this title
in an effective and economical manner, the Board may award the grant to
carry out such functions to another entity after soliciting and
considering applications from eligible entities in such manner and
accompanied by such information as the Board may reasonably require.
(e) Not a Federal agency or instrumentality
Nothing in this chapter may be construed to make RFE/RL,
Incorporated a Federal agency or instrumentality.
(f) Authority
Grants authorized under section 6204 of this title for RFE/RL,
Incorporated, shall be available to make annual grants for the purpose
of carrying out similar functions as were carried out by RFE/RL,
Incorporated, on the day before April 30, 1994, with respect to Radio
Free Europe and Radio Liberty, consistent with section 2 of the Board
for International Broadcasting Act of 1973 [22 U.S.C. 2871], as in
effect on such date.
(g) Grant agreement
Grants to RFE/RL, Incorporated, by the Board shall only be made in
compliance with a grant agreement. The grant agreement shall establish
guidelines for such grants. The grant agreement shall include the
following provisions--
(1) that a grant be used only for activities which the Board
determines are consistent with the purposes of subsection (f) of
this section;
(2) that RFE/RL, Incorporated, shall otherwise comply with the
requirements of this section;
(3) that failure to comply with the requirements of this section
may result in suspension or termination of a grant without further
obligation by the Board or the United States;
(4) that duplication of language services and technical
operations between RFE/RL, Incorporated and the International
Broadcasting Bureau be reduced to the extent appropriate, as
determined by the Board; and
(5) that RFE/RL, Incorporated, justify in detail each proposed
expenditure of grant funds, and that such funds may not be used for
any other purpose unless the Board gives its prior written approval.
(h) Prohibited uses of grant funds
No grant funds provided under this section may be used for the
following purposes:
(1)(A) Except as provided in subparagraph (B) or (C), to pay any
salary or other compensation, or enter into any contract providing
for the payment of salary or compensation in excess of the rates
established for comparable positions under title 5 or the foreign
relations laws of the United States, except that no employee may be
paid a salary or other compensation in excess of the rate of pay
payable for level IV of the Executive Schedule under section 5315 of
title 5.
(B) Salary and other compensation limitations under subparagraph
(A) shall not apply prior to October 1, 1995, with respect to any
employee covered by a union agreement requiring a salary or other
compensation in excess of such limitations.
(C) Notwithstanding the limitations under subparagraph (A),
grant funds provided under this section may be used by RFE/RL,
Incorporated, to pay up to three employees employed in Washington,
D.C., salary or other compensation not to exceed the rate of pay
payable for level III of the Executive Schedule under section 5314
of title 5.
(2) For any activity for the purpose of influencing the passage
or defeat of legislation being considered by Congress.
(3) To enter into a contract or obligation to pay severance
payments for voluntary separation for employees hired after December
1, 1990, except as may be required by United States law or the laws
of the country where the employee is stationed.
(4) For first class travel for any employee of RFE/RL,
Incorporated, or the relative of any employee.
(5) To compensate freelance contractors without the approval of
the Board.
(i) Report on management practices
(1) \1\ Effective not later than March 31 and September 30 of each
calendar year, the Inspector General of the Department of State and the
Foreign Service shall submit to the Board and the Congress a report on
management practices of RFE/RL, Incorporated, under this section. The
Inspector General of the Department of State and the Foreign Service
shall establish a special unit within the Inspector General's office to
monitor and audit the activities of RFE/RL, Incorporated, and shall
provide for on-site monitoring of such activities.
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\1\ So in original. No par. (2) has been enacted.
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(j) Audit authority
(1) Such financial transactions of RFE/RL, Incorporated, as relate
to functions carried out under this section may be audited by the
General Accounting Office in accordance with such principles and
procedures and under such rules and regulations as may be prescribed by
the Comptroller General of the United States. Any such audit shall be
conducted at the place or places where accounts of RFE/RL, Incorporated,
are normally kept.
(2) Representatives of the General Accounting Office shall have
access to all books, accounts, records, reports, files, papers, and
property belonging to or in use by RFE/RL, Incorporated pertaining to
such financial transactions and necessary to facilitate an audit. Such
representatives shall be afforded full facilities for verifying
transactions with any assets held by depositories, fiscal agents, and
custodians. All such books, accounts, records, reports, files, papers,
and property of RFE/RL, Incorporated, shall remain in the possession and
custody of RFE/RL, Incorporated.
(3) Notwithstanding any other provision of law and upon repeal of
the Board for International Broadcasting Act [22 U.S.C. 2871 et seq.],
the Inspector General of the Department of State and the Foreign Service
is authorized to exercise the authorities of the Inspector General Act
of 1978 with respect to RFE/RL, Incorporated.
(Pub. L. 103-236, title III, Sec. 308, Apr. 30, 1994, 108 Stat. 437;
Pub. L. 105-277, div. G, subdiv. A, title XIII, Secs. 1314(d),
1323(l)(1), Oct. 21, 1998, 112 Stat. 2681-777, 2681-780; Pub. L. 107-
228, div. A, title V, Secs. 501, 502, Sept. 30, 2002, 116 Stat. 1392.)
References in Text
The foreign relations laws of the United States, referred to in
subsec. (h)(1)(A), are classified generally to this title.
The Board for International Broadcasting Act, referred to in
subsecs. (f) and (j)(3), is Pub. L. 93-129, Oct. 19, 1973, 87 Stat. 456,
as amended, which was classified generally to chapter 43 (Sec. 2871 et
seq.) of this title prior to repeal by Pub. L. 103-236, title III,
Sec. 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.
Amendments
2002--Subsec. (c). Pub. L. 107-228, Sec. 501, amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The total
amount of grants made by the Board for the operating costs of Radio Free
Europe and Radio Liberty may not exceed $75,000,000 for any fiscal year
after fiscal year 1995.''
Subsec. (h)(1)(A). Pub. L. 107-228, Sec. 502(2), substituted
``subparagraph (B) or (C),'' for ``subparagraph (B),''.
Subsec. (h)(1)(C). Pub. L. 107-228, Sec. 502(1), added subpar. (C).
1998--Subsec. (i)(1). Pub. L. 105-277, Sec. 1314(d), substituted
``Inspector General of the Department of State and the Foreign Service''
for ``Inspector General of the United States Information Agency'' in two
places and struck out ``, the Director of the United States Information
Agency,'' after ``shall submit to the Board''.
Subsec. (j)(3). Pub. L. 105-277, Sec. 1314(d)(1), substituted
``Inspector General of the Department of State and the Foreign Service''
for ``Inspector General of the United States Information Agency''.
Subsecs. (k), (l). Pub. L. 105-277, Sec. 1323(l)(1), struck out
subsecs. (k) and (l), which listed conditions placed upon plan for
relocation of offices or operations of RFE/RL, Incorporated from Munich,
Germany, and required report to Congress on classification of personnel
not later than 90 days after confirmation of all members of Board,
respectively.
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.
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.''
Section Referred to in Other Sections
This section is referred to in sections 6204, 6206 of this title.
