§ 6208. — Radio Free Asia.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6208]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 71--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 6208. Radio Free Asia
(a) Authority
(1) Grants authorized under section 6204 of this title shall be
available to make annual grants for the purpose of carrying out radio
broadcasting to the following countries: The People's Republic of China,
Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.
(2) Such broadcasting service shall be referred to as ``Radio Free
Asia''.
(b) Functions
Radio Free Asia shall--
(1) provide accurate and timely information, news, and
commentary about events in the respective countries of Asia and
elsewhere; and
(2) be a forum for a variety of opinions and voices from within
Asian nations whose people do not fully enjoy freedom of expression.
(c) Grant agreement
Any grant agreement or grants under this section shall be subject to
the following limitations and restrictions:
(1) The Board may not make any grant to Radio Free Asia unless
the headquarters of Radio Free Asia and its senior administrative
and managerial staff are in a location which ensures economy,
operational effectiveness, and accountability to the Board.
(2) Any grant agreement under this section shall require that
any contract entered into by Radio Free Asia shall specify that all
obligations are assumed by Radio Free Asia and not by the United
States Government, and shall further specify that funds to carry out
the activities of Radio Free Asia may not be available after
September 30, 2009.
(3) Any grant agreement shall require that any lease agreements
entered into by Radio Free Asia shall be, to the maximum extent
possible, assignable to the United States Government.
(4) Grants made for the operating costs of Radio Free Asia may
not exceed $30,000,000 in each of the fiscal years 2000 and 2001.
(5) Grants awarded under this section shall be made pursuant to
a grant agreement which requires that grant funds be used only for
activities consistent with this section, and that failure to comply
with such requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
(d) 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.
(e) 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.
(f) Sunset provision
The Board may not make any grant for the purpose of operating Radio
Free Asia after September 30, 2009.
(g) 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.
(h) 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, Sec. 309, Apr. 30, 1994, 108 Stat. 439;
Pub. L. 103-415, Sec. 1(s)(2), Oct. 25, 1994, 108 Stat. 4302; Pub. L.
106-113, div. B, Sec. 1000(a)(7) [div. A, title V, Sec. 501], Nov. 29,
1999, 113 Stat. 1536, 1501A-450.)
Amendments
1999--Subsec. (c). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
V, Sec. 501(1), (2)], redesignated subsec. (d) as (c) and struck out
heading and text of former subsec. (c), which required the Board,
through the Director of the United States Information Agency, to submit
to Congress a detailed plan for the establishment and operation of Radio
Free Asia prior to the awarding of a grant to carry out this section.
Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V,
Sec. 501(3)(A)], struck out ``(A)'' after ``(1)'' and struck out subpar.
(B) which read as follows: ``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 Radio Free Asia 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.''
Subsec. (c)(2). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V,
Sec. 501(3)(B)], substituted ``September 30, 2009'' for ``September 30,
1999''.
Subsec. (c)(4). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V,
Sec. 501(3)(C)], substituted ``$30,000,000 in each of the fiscal years
2000 and 2001'' for ``$22,000,000 in any fiscal year''.
Subsec. (c)(5), (6). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
V, Sec. 501(3)(D), (E)], redesignated par. (6) as (5) and struck out
former par. (5) which read as follows: ``The total amount of grant funds
made available for one-time capital costs of Radio Free Asia may not
exceed $8,000,000.''
Subsecs. (d), (e). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
V, Sec. 501(2)], redesignated subsecs. (e) and (f) as (d) and (e),
respectively. Former subsec. (d) redesignated (c).
Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V,
Sec. 501(4)], reenacted subsec. heading without change and amended text
generally. Prior to amendment, text read as follows: ``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.''
Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title V, Sec. 501(2)],
redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsecs. (g) to (i). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
V, Sec. 501(2)], redesignated subsecs. (h) and (i) as (g) and (h),
respectively. Former subsec. (g) redesignated (f).
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.
