[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 51 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 51

  To consolidate overseas broadcasting services of the United States 
                  Government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Feingold introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To consolidate overseas broadcasting services of the United States 
                  Government, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overseas Broadcasting Consolidation 
and Deficit Reduction Act of 1993''.

     TITLE I--REDUCTION IN GOVERNMENT-FUNDED RADIO AND TELEVISION 
                         BROADCASTING OVERSEAS

SEC. 101. PROHIBITION ON USE OF FUNDS FOR ISRAEL RADIO TRANSMITTER 
              FACILITY.

    None of the funds appropriated or otherwise made available under 
any provision of law may be used for the design, construction, or 
operation of a radio transmitter facility in Israel.

SEC. 102. TERMINATION OF USIA TELEVISION MARTI PROGRAM.

    (a) Repeal.--Part D of title II of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), 
relating to television broadcasting to Cuba, is repealed.
    (b) Conforming Amendments.--Section 5 of the Radio Broadcasting to 
Cuba Act (22 U.S.C. 1465c) is amended--
            (1) in subsection (a), by striking ``Advisory Board for 
        Cuba Broadcasting'' and inserting ``Advisory Board for Radio 
        Broadcasting to Cuba'';
            (2) in subsection (b), by striking ``the Television 
        Broadcasting to Cuba Act''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) The head of the Cuba Service shall serve, ex officio, as a 
member of the Board.''.
    (c) References.--A reference in any provision of law to the 
``Advisory Board for Cuba Broadcasting'' shall be considered to be a 
reference to the ``Advisory Board for Radio Broadcasting to Cuba''.

SEC. 103. TERMINATION OF AUTHORITY OF USIA SATELLITE AND TELEVISION.

    (a) Repeal.--Section 505 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1464a) is repealed.
    (b) Conforming Amendment.--Section 506 of such Act is redesignated 
as section 505 of such Act.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

SEC. 201. DEFINITIONS.

    For purposes of this title, unless otherwise provided or indicated 
by the context--
            (1) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (2) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (3) the term ``transferee agency'' means the United States 
        Information Agency (acting through the Bureau for 
        Broadcasting); and
            (4) the term ``transferor agency'' means the Board for 
        International Broadcasting.

SEC. 202. TRANSFER OF FUNCTIONS.

    There are transferred to the transferee agency all functions which 
the head of the transferor agency exercised before the effective date 
of this title (including all related functions of any officer or 
employee of the transferor agency).

SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF 
              MANAGEMENT AND BUDGET.

    If necessary, the Office of Management and Budget shall make any 
determination of the functions that are transferred under section 202.

SEC. 204. PERSONNEL PROVISIONS.

    (a) Appointments.--The head of the transferee agency may appoint 
and fix the compensation of such officers and employees as may be 
necessary to carry out the respective functions transferred under this 
title. Except as otherwise provided by law, such officers and employees 
shall be appointed in accordance with the civil service laws and their 
compensation fixed in accordance with title 5, United States Code.
    (b) Experts and Consultants.--The head of the transferee agency may 
obtain the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, and compensate such 
experts and consultants for each day (including traveltime) at rates 
not in excess of the rate of pay for level IV of the Executive Schedule 
under section 5315 of such title. The head of the transferee agency may 
pay experts and consultants who are serving away from their homes or 
regular place of business travel expenses and per diem in lieu of 
subsistence at rates authorized by sections 5702 and 5703 of such title 
for persons in Government service employed intermittently.

SEC. 205. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this title, the head of the transferee agency may delegate 
any of the functions transferred to the head of the transferee agency 
by this title and any function transferred or granted to such head of 
the transferee agency after the effective date of this title to such 
officers and employees of the transferee agency as the head of the 
transferee agency may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions by the head of the transferee agency under this 
section or under any other provision of this title shall relieve such 
head of the transferee agency of responsibility for the administration 
of such functions.

SEC. 206. REORGANIZATION.

    The head of the transferee agency is authorized to allocate or 
reallocate any function transferred under section 202 among the 
officers of the transferee agency, and to establish, consolidate, 
alter, or discontinue such organizational entities in the transferee 
agency as may be necessary or appropriate.

SEC. 207. RULES.

    The head of the transferee agency is authorized to prescribe, in 
accordance with the provisions of chapters 5 and 6 of title 5, United 
States Code, such rules and regulations as the head of the transferee 
agency determines necessary or appropriate to administer and manage the 
functions of the transferee agency.

SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this title, the personnel employed 
in connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this title, subject to section 1531 of title 31, United 
States Code, shall be transferred to the transferee agency. Unexpended 
funds transferred pursuant to this section shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.

SEC. 209. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, at such time 
or times as the Director shall provide, is authorized to make such 
determinations as may be necessary with regard to the functions 
transferred by this title, and to make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this 
title. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.

SEC. 210. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this title, the 
transfer pursuant to this title of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this title.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this title, held a position compensated in accordance with the 
Executive Schedule prescribed in chapter 53 of title 5, United States 
Code, and who, without a break in service, is appointed in the 
transferee agency to a position having duties comparable to the duties 
performed immediately preceding such appointment shall continue to be 
compensated in such new position at not less than the rate provided for 
such previous position, for the duration of the service of such person 
in such new position.

SEC. 211. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        title, and
            (2) which are in effect at the time this title takes 
        effect, or were final before the effective date of this title 
        and are to become effective on or after the effective date of 
        this title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the head of the transferee agency or other authorized 
official, a court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this title shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending before the transferor agency at the time this title 
takes effect, with respect to functions transferred by this title but 
such proceedings and applications shall be continued. Orders shall be 
issued in such proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as if this title had 
not been enacted, and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by a duly authorized official, by a court of competent jurisdiction, or 
by operation of law. Nothing in this subsection shall be deemed to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this title had 
not been enacted.
    (c) Suits Not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this title, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this title 
had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the transferor agency, or by or against any 
individual in the official capacity of such individual as an officer of 
the transferor agency, shall abate by reason of the enactment of this 
title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the transferor agency relating to a 
function transferred under this title may be continued by the 
transferee agency with the same effect as if this title had not been 
enacted.

SEC. 212. SEPARABILITY.

    If a provision of this title or its application to any person or 
circumstance is held invalid, neither the remainder of this title nor 
the application of the provision to other persons or circumstances 
shall be affected.

SEC. 213. TRANSITION.

    The head of the transferee agency is authorized to utilize--
            (1) the services of such officers, employees, and other 
        personnel of the transferor agency with respect to functions 
        transferred to the transferee agency by this title; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this title.

SEC. 214. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or relating 
to--
            (1) the head of the transferor agency with regard to 
        functions transferred under section 202, shall be deemed to 
        refer to the head of the transferee agency; and
            (2) the transferor agency with regard to functions 
        transferred under section 202, shall be deemed to refer to the 
        transferee agency.

SEC. 215. DEVELOPMENT OF CONSOLIDATION PLAN.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Director of the United States Information 
Agency, after consultation with the appropriate congressional 
committees, shall submit to those committees a plan for the 
consolidation of the functions transferred under section 202 with the 
existing broadcasting activities carried out by the Bureau for 
Broadcasting.
    (b) Contents of Plan.--Such plan shall include--
            (1) a proposal for the reduction of broadcasting activities 
        by RFE/RL, Inc., during the 36-month period which begins on the 
        date of submission of the plan; and
            (2) any recommendations for legislative changes as may be 
        necessary.

SEC. 216. REPEAL.

    The Board for International Broadcasting Act of 1973 (22 U.S.C. 
2871 et seq.) is repealed.

SEC. 217. EFFECTIVE DATE.

    This title shall take effect 12 months after its date of enactment.

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