[Congressional Record Volume 140, Number 1 (Tuesday, January 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


              FOREIGN RELATIONS AUTHORIZATION ACT OF 1994

                                 ______


                 BIDEN (AND OTHERS) AMENDMENT NO. 1246

  Mr. BIDEN (for himself, Mr. Feingold, Mr. Pell, Mr. Wofford, Mr. 
Kerry, and Mr. Helms) proposed an amendment to the bill (S. 1281) to 
authorize appropriations for the fiscal year 1994 and 1995 for the 
Department of State, the United States Information Agency, and related 
agencies, to provide for the consolidation of international 
broadcasting activities, and for other purposes; as follows:

       Beginning on page 133, strike out line 1 and all that 
     follows through line 24 on page 149, and insert in lieu 
     thereof the following:
    TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``United States 
     International Broadcasting Act of 1994''.

     SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

       The Congress hereby finds and declares that--
       (1) it is the policy of the United States to promote the 
     right of opinion and expression, including the freedom ``to 
     seek, receive, and impart information and ideas through any 
     media and regardless of frontiers,'' in accordance with 
     Article 19 of the Universal Declaration of Human Rights;
       (2) open communication of information and ideas among the 
     peoples of the world contributes to international peace and 
     stability, and that the promotion of such communication is in 
     the interests of the United States;
       (3) prominent in the implementation of this policy has been 
     United States support for the Voice of America, Radio Free 
     Europe, Radio Liberty, and Broadcasting to Cuba, which have 
     demonstrated their effectiveness in providing accurate and 
     timely information to the people of the world;
       (4) the continuation of these broadcasting entities, and 
     the creation of a new broadcasting service to the people of 
     the People's Republic of China and the other communist 
     countries of Asia, would continue the promotion of 
     information and ideas, while advancing the goals of United 
     States foreign policy; and
       (5) the reorganization and consolidation of these services 
     will achieve important economies and strengthen the 
     capability of the United States to utilize these 
     instrumentalities to support freedom and democracy in a 
     rapidly changing international environment.

     SEC. 303. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

       (a) Establishment.--There is hereby established within the 
     United States Information Agency a Broadcasting Board of 
     Governors (hereafter in this title referred to as the 
     ``Board'').
       (b) Composition of the Board.--(1) The Board shall consist 
     of 8 members, as follows:
       (A) Six voting members who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (B) The Director of the United States Information Agency 
     who shall also be a voting member.
       (C) The Director of the International Broadcasting Bureau, 
     who shall be an ex officio member of the Board and may not 
     vote in the determinations of the Board.
       (2) The President shall designate one member (other than 
     the Director of the United States Information Agency) as 
     Chairman of the Board.
       (3) Exclusive of the Director of the United States 
     Information Agency, not more than three of the members of the 
     Board appointed by the President shall be of the same 
     political party.
       (c) Term of Office.--The term of office of each member of 
     the Board shall be three years, except that the Director of 
     the United States Information Agency and the Director of the 
     International Broadcasting Bureau of the United States 
     Information Agency shall remain members of the Board during 
     their respective terms of service. Of the other six voting 
     members, the initial terms of office of two members shall be 
     one year, and the initial terms of office of two other 
     members shall be two years, so that the terms of one-third of 
     these voting members of the Board expire each year. The 
     President shall appoint, by and with the advice and consent 
     of the Senate, Board members to fill vacancies occurring 
     prior to the expiration of a term, in which case the members 
     so appointed shall serve for the remainder of such term. Any 
     member whose term has expired may serve until his or her 
     successor has been appointed and qualified.
       (d) Selection of Board.--Members of the Board appointed by 
     the President shall be citizens of the United States who are 
     not currently regular full-time employees of the United 
     States Government, except the Director of the United States 
     Information Agency. Such members shall be selected by the 
     President from among Americans distinguished in the fields of 
     mass communications, print, broadcast media or foreign 
     affairs.
       (e) Compensation.--Members of the Board, while attending 
     meetings of the Board or while engaged in duties relating to 
     such meetings or in other activities of the Board pursuant to 
     this section, including travel time, shall be entitled to 
     receive compensation equal to the daily equivalent of the 
     compensation prescribed for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code. 
     While away from their homes or regular places of business 
     they may be allowed travel expenses, including per diem in 
     lieu of subsistence, as authorized by law (5 U.S.C. 5703) for 
     persons in the Government service employed intermittently. 
     The Director of the United States Information Agency and the 
     Director, International Broadcasting Bureau, United States 
     Information Agency, shall not be entitled to any compensation 
     under this title, but may be allowed travel expenses as 
     provided in the preceding sentence.

     SEC. 304. FUNCTIONS OF THE BOARD.

       (a) Authorities.--The Board is authorized--
       (1) to provide guidance and oversight to the International 
     Broadcasting Bureau;
       (2) to review and evaluate the mission and operation of the 
     International Broadcasting Bureau and to assess the quality, 
     effectiveness, and professional integrity of its programming 
     within the context of the broad foreign policy objectives of 
     the United States;
       (3) to review and evaluate, at least annually, the mix of 
     traditional Voice of America programming and surrogate 
     programming and make recommendations to the President, 
     through the Director of the United States Information Agency, 
     regarding the addition or deletion of language services;
       (4) to make grants to RFE/RL, Incorporated, or to an 
     alternative entity in accordance with section 307(e);
       (5) to review engineering activities to ensure that all 
     broadcasting elements receive the highest quality and cost-
     effective delivery services;
       (6) to undertake such studies as may be necessary to 
     identify areas in which the operations of the International 
     Broadcasting Bureau could be made more efficient and 
     economical;
       (7) to submit to the President, through the Director of the 
     United States Information Agency, an annual report which 
     summarizes the activities of the Board and evaluates the 
     operations of the International Broadcasting Bureau;
       (8) to the extent it deems necessary to carry out the 
     functions under this title, procure supplies, services, and 
     other personal property;
       (9) to appoint such staff personnel for the Board as may be 
     necessary, subject to the provisions of title 5, United 
     States Code, 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; and
       (10) to make available for its own use, for official 
     reception and representation expenses, such amount as 
     provided for in an annual appropriations which shall not 
     exceed the amount appropriated to the Board for International 
     Broadcasting for such purposes in fiscal year 1993.
       (b) Implementation.--The Director and the Board, in 
     carrying out the functions of subsection (a), shall respect 
     the professional independence and integrity of the 
     International Broadcasting Bureau and its broadcasting 
     services.

     SEC. 305. FOREIGN POLICY GUIDANCE.

       To assist the Board in carrying out its functions, the 
     Secretary of State, acting through the Director of the United 
     States Information Agency, shall provide information and 
     guidance on foreign policy issues to the Board.

     SEC. 306. INTERNATIONAL BROADCASTING BUREAU.

       (a) Establishment.--There is hereby established an 
     International Broadcasting Bureau within the United States 
     Information Agency (hereafter in this title referred to as 
     the ``Bureau'').
       (b) Organization of the Bureau.--The Bureau, in recognition 
     of and to implement the purposes of this title, shall consist 
     of the following separate elements:
       (1) The Voice of America.
       (2) The Office of Surrogate Broadcasting.
       (3) Such services of the WORLDNET Television and Film 
     Service as determined by the Board with the concurrence of 
     the Director of the United States Information Agency.
       (4) Engineering and Technical Operations.
       (5) Such other elements as the Director of the 
     International Broadcasting Bureau may from time to time 
     establish with the concurrence of the Director of the United 
     States Information Agency and the Board.
       (c) Organization of the Office of Surrogate Broadcasting.--
     The Office of Surrogate Broadcasting shall administer the 
     grants for Radio Free Europe, Radio Liberty, and Radio Free 
     Asia and shall administer the Office of Cuba Broadcasting 
     (including Radio Marti and TV Marti), and such other 
     surrogate services as may from time to time be established.
       (d) Selection of the Director of the Bureau.--(1) The 
     Director of the Bureau shall be appointed by the 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. The Director of the Bureau shall be 
     entitled to receive compensation at the rate now or hereafter 
     prescribed by law for level IV of the Executive Schedule.
       (2) Section 5315 of title 5, United States Code, is amended 
     by adding at the end the following:
       ``Director of the International Broadcasting Bureau, the 
     United States Information Agency.''.
       (e) Separately Identified Appropriation Account.--(1) In 
     any fiscal year, funding for the Board and the Bureau shall 
     be made out of a single appropriations account designated 
     ``International Broadcasting Activities'' or ``International 
     Broadcasting Operations'', as the case may be.
       (2) The Director of the Bureau shall submit proposals on 
     appropriation of broadcasting funds to the Board. The Board 
     shall forward its recommendations concerning the proposed 
     budget for the Board and the Bureau to the Director of the 
     United States Information Agency for his consideration as a 
     part of the Agency's budget submission to the Office of 
     Management and Budget.
       (3) 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.
       (4) The Board shall allocate funds appropriated pursuant to 
     paragraph (1) among the separate elements of the 
     International Broadcasting Bureau, subject to the limitations 
     contained in section 307(d).

     SEC. 307. GRANTS FOR RADIO FREE EUROPE, RADIO LIBERTY, AND 
                   RADIO FREE ASIA.

       (a) Authority.--The Board is authorized to make annual 
     grants to RFE/RL, Incorporated, for the purpose of operating 
     Radio Free Europe, Radio Liberty, and Radio Free Asia as 
     provided for in sections 308 and 309.
       (b) Board Structure.--No grant may be made 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 303 and of no other members;
       (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 deems necessary to carry out the purposes 
     of the grant provided under this title; and
       (3) the name of the corporation shall be amended to include 
     reference to Radio Free Asia, and the corporation shall be 
     authorized to carry out the functions described in section 
     308 with respect to Radio Free Asia.
       (c) Location of Principal Place of Business.--(1) No grant 
     may be made under this section unless RFE/RL, Incorporated, 
     agrees to locate the headquarters of the corporation and its 
     senior administrative and managerial staff within the 
     metropolitan area of Washington, D.C.
       (2) Not later than 90 days after the date of enactment of 
     this Act, the Board shall provide a report to Congress on the 
     number of administrative, managerial, and technical staff 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.
       (d) Limitation on Grant Amounts.--(1) Grants made after 
     September 30, 1995, for the operating costs of Radio Free 
     Europe and Radio Liberty may not exceed $75,000,000 in any 
     fiscal year.
       (2) Grants made for the operating costs of Radio Free Asia 
     may not exceed $22,000,000 in any fiscal year.
       (3) The total amount of grant funds made available for one-
     time capital costs of Radio Free Asia may not exceed 
     $8,000,000.
       (4) Notwithstanding the provisions of paragraphs (1) and 
     (2), if RFE/RL, Incorporated, determines that there is a need 
     to reallocate resources between funds made available for 
     Radio Free Europe, Radio Liberty, and Radio Free Asia, RFE/
     RL, Incorporated, may submit a request for the reallocation 
     of such resources to the Board, which may authorize such 
     reallocation after notifying the appropriate congressional 
     committees.
       (e) Alternative Grantee.--If the Board determines at any 
     time that RFE/RL, Incorporated, is not carrying out the 
     functions described in section 308 or 309 in an effective and 
     economical manner, the Board may award the grant to carry out 
     these 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.
       (f) Not a Federal Agency or Instrumentality.--Compliance 
     with the requirements of subsection (b) shall not be 
     construed to make such entity a Federal agency or 
     instrumentality.

     SEC. 308. RADIO FREE ASIA.

       (a) Authority.--(1) Grants authorized under section 307(a) 
     shall be available to make annual grants for the purpose of 
     carrying out radio broadcasting to the People's Republic of 
     China, Burma, Cambodia, Laos, North Korea, Tibet, or Vietnam.
       (2) Such surrogate 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) Submission of Detailed Plan for Radio Free Asia.--(1) 
     No grant may be awarded to carry out this section unless the 
     Board, through the Director of the United States Information 
     Agency, has submitted to Congress and the Comptroller General 
     of the United States a detailed plan for the establishment 
     and operation of Radio Free Asia, including--
       (A) a description of the manner in which RFE/RL, 
     Incorporated, would meet the funding limitations provided in 
     section 307(d)(2);
       (B) a statement that the authority to utilize existing 
     transmitters has been obtained for the broadcasting of Radio 
     Free Asia to countries or regions proposed in the plan, and 
     that existing transmitters meet the technical needs of the 
     new service; and
       (C) a detailed justification for the number of employees 
     RFE/RL, Incorporated, proposes to hire, the extent to which 
     RFE/RL, Incorporated, intends to utilize technical or other 
     resources of other broadcasting entities, and the manner in 
     which RFE/RL, Incorporated, intends to reimburse such other 
     entities for such utilization of resources.
       (2) The plan required by paragraph (1) shall be submitted 
     not later than 120 days after the date of enactment of this 
     Act.
       (3) No grant may be awarded to carry out the provisions of 
     this section unless the plan submitted by the Board includes 
     a certification by the Board that Radio Free Asia can be 
     established and operated within the funding limitations 
     provided for in section 307(d)(2).
       (4) The Comptroller General of the United States shall 
     review the plan submitted by the Board and shall, not later 
     than 30 days after receipt of the plan, report to the 
     Director of the United States Information Agency, the Board, 
     and the appropriate congressional committees on whether the 
     Comptroller General determines that the fiscal assumptions 
     contained in the plan are adequate and that the plan can be 
     implemented within the funding limitations provided for in 
     this section.
       (5) If the Board determines that a Radio Free Asia cannot 
     be established or operated effectively within the funding 
     limitations provided for in this section, the Board may 
     submit, through the Director of United States Information 
     Agency, an alternative plan and such proposed changes in 
     legislation as may be necessary to the appropriate 
     congressional committees.
       (d) Grant Agreement.--(1) Grants awarded under this section 
     shall be subject to the same terms and conditions as are 
     provided in subsections (b), (c), (d), and (e) of section 309 
     with respect to the functions of Radio Free Europe and Radio 
     Liberty.
       (2) Any grant agreement under this section shall require 
     that any contract entered into by RFE/RL, Incorporated, with 
     respect to Radio Free Asia shall specify that all obligations 
     are assumed by RFE/RL, Incorporated, and not by the United 
     States Government, and shall further specify that funds to 
     carry out the activities of RFE/RL, Incorporated, may not be 
     available after September 30, 1999.
       (3) Any such grant agreement shall require that any lease 
     agreements entered into by RFE/RL, Incorporated, with respect 
     to Radio Free Asia shall be, to the maximum extent possible, 
     assignable to the United States Government.
       (e) Limitations on Administrative and Managerial Costs.--
     (1) 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.
       (2) The Board shall include in the annual report required 
     by section 304(a)(7) information on the amount of funds 
     expended on administrative and managerial services by each of 
     the broadcasting services operated through the Bureau, 
     directly or by grant, and the steps it has taken to reduce 
     unnecessary overhead costs for each of the broadcasting 
     services.
       (f) Assessment of the Effectiveness of Radio Free Asia.--
     Not later than 3 years after the date funds have been 
     provided to RFE/RL, Incorporated, for the purpose of 
     operating Radio Free Asia, the Board, through the Director of 
     the United States Information Agency, 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 law by 
     the United States Information Agency or the Board,
       (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 interest of the United States 
     is being served by maintaining broadcasting of Radio Free 
     Asia.
       (g) Sunset Provision.--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 
     his 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.
       (h) 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.
       (i) Principal Place of Business.--Grants may only be made 
     to RFE/RL, Incorporated, if the principal place of business 
     of Radio Free Asia is within the Washington, D.C., 
     metropolitan area, unless the Board determines that another 
     location within the United States is necessary to carry out 
     the functions of Radio Free Asia effectively and in a cost-
     effective manner.

     SEC. 309. RADIO FREE EUROPE AND RADIO LIBERTY.

       (a) Authority.--Grants authorized under section 307(a) 
     shall be available to make annual grants for the purpose of 
     carrying out the same functions as were carried out by RFE/
     RL, Incorporated, before the date of enactment of this Act 
     with respect to Radio Free Europe and Radio Liberty, 
     consistent with section 2 of the Board for International 
     Broadcasting Act of 1973, as in effect on such date.
       (b) Grant Agreement.--(1) Such grants shall be made 
     pursuant to a grant agreement between the Board and RFE/RL, 
     Incorporated, which requires that grant funds shall only be 
     used for activities which the Board determines are consistent 
     with the purposes of subsection (a) and that RFE/RL, 
     Incorporated, shall otherwise comply with the requirements of 
     this section. Failure to comply with such requirements shall 
     permit the grant to be terminated without fiscal obligation 
     to the United States.
       (2) The grant agreement shall impose such conditions as the 
     Board determines may be appropriate pursuant to section 
     304(a)(3) to reduce overlapping language services and 
     broadcasting service with other broadcasting services 
     operated within the International Broadcasting Bureau.
       (3) The grant agreement shall require RFE/RL, Incorporated, 
     to justify in detail each proposed expenditure of grant 
     funds, and such funds may not be used for any other purpose 
     unless the Board gives its prior written approval.
       (c) Prohibited Uses of Grant Funds.--No grant funds 
     provided under this section may be used--
       (1) to pay any salary or other compensation, or enter into 
     any contract providing for the payment thereof in excess of 
     the rates established for comparable positions under title 5 
     of the United States Code or the foreign relations laws of 
     the United States, except that no employee may be paid a 
     salary or other compensation in an amount in excess of the 
     rate of pay payable for level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code and that 
     the salary or other compensation limitations provided for in 
     this paragraph shall not be imposed prior to January 1, 1995, 
     with respect to any employee covered by a union agreement 
     requiring a different salary or;
       (2) to pay 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 beyond those required by United States law or the 
     laws of the country where the employee is stationed;
       (4) to pay for first class travel for any employee of RFE/
     RL, Incorporated, or the employee's relative; or
       (5) to compensate freelance contractors without the written 
     approval of the Director.
       (d) Report on Management Practices.--Not later than March 
     31 and September 30 of each calendar year, the Inspector 
     General of the United States Information Agency shall submit 
     to the Board, the Director of the United States Information 
     Agency, and the Congress a report on management practices of 
     RFE/RL, Incorporated, under this section during the preceding 
     6-month period. The Inspector General of the United States 
     Information Agency 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.
       (e) 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) The representatives of the General Accounting Office 
     shall have access to all books, accounts, records, reports, 
     files, and all other papers, things or property belonging to 
     or in use by the private entity pertaining to such financial 
     transactions and necessary to facilitate the 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, the 
     Inspector General of the United States Information Agency is 
     authorized to exercise the authorities of the Inspector 
     General Act of 1978 with respect to RFE/RL, Incorporated.
       (g) Plan for Relocation.--Before relocating the activities 
     of RFE/RL, Incorporated, in the Federal Republic of Germany 
     to another site, the Board for International Broadcasting or 
     the Board, if established, shall submit to the Comptroller 
     General of the United States and the appropriate 
     congressional committees a detailed plan for such relocation, 
     including cost estimates. No funds made available under law 
     may be used for such relocation unless explicitly provided in 
     an appropriation Act or pursuant to a reprogramming 
     notification. Any plan developed pursuant to this subsection 
     shall include provisions for relocating the senior 
     administrative and management personnel of RFE/RL, 
     Incorporated, to the geographic area of Washington, D.C., as 
     provided for in section 307(c).
       (h) Reports on Personnel Classification.--(1) Not later 
     than 3 months after the date of enactment of this Act, the 
     Board for International Broadcasting shall submit a report to 
     the Office of Personnel Management containing a 
     justification, in terms of the types of duties performed at 
     specific rates of salary and other compensation, of the 
     classification of personnel employed by RFE/RL, Incorporated.
       (2) Not later than 9 months after submission of the report 
     referred to in paragraph (1), the Office of Personnel 
     Management shall submit to Congress a report containing an 
     evaluation of the system of personnel classification used by 
     RFE/RL, Incorporated, with respect to its employees.
       (3) The report submitted by the Office of Personnel 
     Management shall include a comparison of the rates of salary 
     or other compensation and classifications provided to 
     employees of RFE/RL, Incorporated, with the rates of salary 
     or other compensation and classifications of employees of the 
     Voice of America stationed overseas in comparable positions 
     and shall identify any disparities and steps which should be 
     taken to eliminate such disparities.

     SEC. 310. TRANSITION.

       (a) Authorization.--(1) The President is authorized to 
     direct the transfer of all functions and authorities from the 
     Board for International Broadcasting to the United States 
     Information Agency, the Board, or the Bureau as may be 
     necessary to implement this title.
       (2)(A) Not later than 120 days after the date of enactment 
     of this Act, the Director of the United States Information 
     Agency and the Chairman of the Board for International 
     Broadcasting shall jointly prepare and submit to the 
     President for approval and implementation a plan to implement 
     the provisions of this title. Such report shall include at a 
     minimum a detailed cost analysis to implement fully the 
     recommendations of such plan. Additionally, such plan shall 
     identify all costs in excess of those authorized for such 
     purposes and shall provide that any excess cost to implement 
     such plan shall be derived only from funds authorized in 
     title II, Part A, section 201(a)(1) of this act.
       (B) The President shall transmit copies of the approved 
     plan, together with any recommendations for legislative 
     changes that may be necessary, to the appropriate 
     congressional committees.
       (b) New Appointees.--The Director of the United States 
     Information Agency may assign employees of the Agency for 
     service with RFE/RL, Incorporated, with the concurrence of 
     the president of RFE/RL, Incorporated.
     Such assignment shall not affect the rights and benefits of 
     such personnel as employees of the United States Information 
     Agency.
       (c) Board for International Broadcasting Personnel.--All 
     Board for International Broadcasting full-time United States 
     Government personnel (except special Government employees) 
     and part-time United States Government personnel holding 
     permanent positions shall be transferred to the United States 
     Information Agency, the Board, or the Bureau. Such transfer 
     shall not cause any such employee to be separated or reduced 
     in grade or compensation.
       (d) Other Authorities.--The Director of the United States 
     Information Agency is authorized to utilize the provisions of 
     titles VIII and IX of the United States Information and 
     Educational Exchange Act of 1948, and any other authority 
     available to the Director on the date of enactment of this 
     Act, to the extent that the Director deems necessary in 
     carrying out the provisions and purposes of this title.
       (e) Repeal.--The Board for International Broadcasting Act 
     of 1973 (22 U.S.C. 2871, et seq.) is repealed effective 
     September 30, 1995, or the earliest date by which all members 
     of the Board are appointed, whichever is later.
       (f) Savings Provisions.--
       (1) Continuing effect of legal documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (A) 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
       (B) 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 Director of the 
     United States Information Agency or other authorized 
     official, a court of competent jurisdiction, or by operation 
     of law.
       (2) Proceedings not affected.--The provisions of this title 
     shall not affect any proceedings pending before the Board for 
     International Broadcasting at the time this title takes 
     effect, with respect to functions transferred by this title, 
     but such proceedings 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.
       (3) 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.
       (4) Nonabatement of actions.--No suit, action, or other 
     proceeding commenced by or against the Board for 
     International Broadcasting or by or against any individual in 
     the official capacity of such individual as an officer of the 
     Board for International Broadcasting shall abate by reason of 
     the enactment of this title.
       (5) Administrative actions relating to promulgation of 
     regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Board for 
     International Broadcasting relating to a function transferred 
     under this title may be continued by the United States 
     Information Agency with the same effect as if this title had 
     not been enacted.
       (6) References.--A reference in any provision of law, 
     reorganization plan, or other authority to the Associate 
     Director for Broadcasting of the United States Information 
     Agency shall be considered to be a reference to the Director 
     of the International Broadcasting Bureau of the United States 
     Information Agency.
       (7) Effect on other laws.--The provisions of, and 
     authorities contained in or transferred pursuant to, this 
     title are not intended to repeal, limit, or otherwise 
     derogate from the authorities or functions of or available to 
     the Director of the United States Information Agency or the 
     Secretary of State under law, reorganization plan, or 
     otherwise, unless such provision hereof--
       (A) specifically refers to the provision of law or 
     authority existing on the effective date of this title, so 
     affected; or
       (B) is in direct conflict with such law or authority 
     existing on the effective date of this title.

     SEC. 311. PRESERVATION OF AMERICAN JOBS.

       It is the sense of the Congress that the Director of the 
     United States Information Agency and the Chairman of the 
     Board for International Broadcasting should, in developing 
     the plan for consolidation and reorganization of overseas 
     international broadcasting services, limit, to the maximum 
     extent feasible, consistent with the purposes of the 
     consolidation, elimination of any United States-based 
     positions and should affirmatively seek to transfer as many 
     positions as possible to the United States.

     SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO 
                   LIBERTY.

       (a) Declaration of Policy.--It is the sense of the Congress 
     that, in furtherance of the objectives of section 302 of this 
     Act, the funding of Radio Free Europe and Radio Liberty 
     should be assumed by the private sector not later than 
     December 31, 1999, and that the funding of Radio Free Europe 
     and Radio Liberty Research Institute should be assumed by the 
     private sector at the earliest possible time.
       (b) Presidential Submission.--The President shall submit 
     with his annual budget submission for the International 
     Broadcasting Bureau established by section 306 of this Act an 
     analysis and recommendations for achieving the objectives of 
     subsection (a).
       (c) Reports on Transfer of RFE/RL Research Institute.--No 
     later than 120 days after the date of enactment of this Act, 
     the Board for International Broadcasting, or the Board, if 
     established, shall submit to the appropriate congressional 
     committees a report on the steps being taken to transfer RFE/
     RL Research Institute pursuant to subsection (a) and shall 
     provide periodic progress reports on such efforts until such 
     transfer has been achieved.

     SEC. 313. DEFINITIONS.

       For the purposes of this title--
       (1) the term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives;
       (2) the term ``Director'' means the Director of the 
     International Broadcasting Bureau, acting through the Office 
     of Surrogate Broadcasting;
       (3) the term ``RFE/RL, Incorporated'' includes--
       (A) the corporation having the corporate title described in 
     section 307(b)(3); and
       (B) any alternative grantee described in section 307(e).
       (4) the term ``salary or other compensation'' includes any 
     deferred compensation or pension payments, any payments for 
     expenses for which the recipient is not obligated to itemize, 
     and any payments for personnel services provided to an 
     employee of RFE/RL, Incorporated.

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