Legislation

International Broadcasting Act Amendment

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

Public Law 105–277

Passed Congress/Enrolled Bill: October 21, 1998.

One Hundred Fifth Congress of the United States of America

At the Second Session

H. R. 4328

AN ACT

Making omnibus consolidated and emergency appropriations for the fiscal year ending September 30, 1999, and for other purposes.

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

XIIIUNITED STATES INFORMATION AGENCY

3INTERNATIONAL BROADCASTING

1323CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994.

aREFERENCES IN SECTION.

Whenever in this section an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.).

bSUBSTITUTION OF SECRETARY OF STATE.

Sections 304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 6203(e)) are amended by striking “Director of the United States Information Agency” each place it appears and inserting “Secretary of State”.

cSUBSTITUTION OF ACTING SECRETARY OF STATE.

Section 304(c) (22 U.S.C. 6203(c)) is amended by striking “acting Director of the agency” and inserting “Acting Secretary of State”.

dSTANDARDS AND PRINCIPLES OF INTERNATIONAL BROADCASTING.

Section 303(b) (22 U.S.C. 6202(b)) is amended—

1in paragraph (3), by inserting “, including editorials, broadcast by the Voice of America, which present the views of the United States Government” after “policies”;

2by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and

3by inserting after paragraph (3) the following:

4the capability to provide a surge capacity to support United States foreign policy objectives during crises abroad;

eAUTHORITIES OF THE BOARD.

Section 305(a) (22 U.S.C. 6204(a)) is amended—

1in paragraph (1)—

Aby striking “direct and”; and (B) by striking “and the Television Broadcasting to Cuba Act” and inserting “, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b)”;

2in paragraph (4), by inserting “, after consultation with the Secretary of State,” after “annually,”;

3in paragraph (9)—

Aby striking “, through the Director of the United States Information Agency,”; and

Bby adding at the end the following new sentence: “Each annual report shall place special emphasis on the assessment described in paragraph (2).”;

4in paragraph (12)—

Aby striking “1994 and 1995” and inserting “1998 and 1999”; and

Bby striking “to the Board for International Broadcasting for such purposes for fiscal year 1993” and inserting 112 STAT. 2681–779 PUBLIC LAW 105–277—OCT. 21, 1998 “to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997”; and

5by adding at the end the following new paragraphs:

15)(ATo procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, 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, United States Code.

BTo 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, United States Code, for persons in the Government service employed intermittently, while so employed.

16To procure, pursuant to section 1535 of title 31, United States Code (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.

17To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, 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 title.

18To 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 title.

fDELEGATION OF AUTHORITY.

Section 305 (22 U.S.C. 6204) is amended—

1by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

2by inserting after subsection (a) the following new subsection:

bDELEGATION 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).”.

gBROADCASTING BUDGETS.

Section 305(c)(1) (as redesignated) is amended—

1by striking “(1)” before “The Director”; and

2by striking “the Director of the United States Information Agency for the consideration of the Director as a part of the Agency’s budget submission to”.

hREPEAL.

Section 305(c)(2) (as redesignated) is repealed.

iIMPLEMENTATION.

Section 305(d) (as redesignated) is amended to read as follows: PUBLIC LAW 105–277—OCT. 21, 1998 112 STAT. 2681–780

dPROFESSIONAL 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.

jFOREIGN POLICY GUIDANCE.

Section 306 (22 U.S.C. 6205) is amended—

1in the section heading, by striking “FOREIGN POLICY GUIDANCE” and inserting “ROLE OF THE SECRETARY OF STATE”;

2by inserting “(a) FOREIGN POLICY GUIDANCE.” immediately before “To”;

3by striking “State, acting through the Director of the United States Information Agency,” and inserting “State”;

4by inserting before the period at the end the following:
“, as the Secretary may deem appropriate”; and

5by adding at the end the following:

bCERTAIN WORLDNET PROGRAMMING.

The Secretary of State is authorized to use Worldnet broadcasts for the purposes of continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.

kINTERNATIONAL BROADCASTING BUREAU.

Section 307 (22 U.S.C. 6206) is amended—

1in subsection (a), by striking “within the United States Information Agency” and inserting “under the Board”;

2in subsection (b)(1), by striking “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” and inserting “President, by and with the advice and consent of the Senate”;

3by redesignating subsection (b)(1) as subsection (b);

4by striking subsection (b)(2); and

5by adding at the end the following new subsection:

cRESPONSIBILITIES OF THE DIRECTOR.

The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, RFE/ RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.

lREPEALS.

The following provisions of law are repealed:

1Subsections (k) and (l) of section 308 (22 U.S.C. 6207 (k), (l)).

2Section 310 (22 U.S.C. 6209).