22 U.S.C. § 1465a — Additional functions of Broadcasting

Page 368 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465a 1 See References in Text note below. Educational Exchange Act of 1948 which comprises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–111, § 1, Oct. 4, 1983, 97 Stat. 749, provided: ‘‘That this Act [enacting this subchapter] may be cited as the ‘Radio Broadcasting to Cuba Act’.’’ § 1465a. Additional functions of Broadcasting Board of Governors (a) Radio broadcasting to Cuba In order to carry out the objectives set forth in section 1465 of this title, the Broadcasting Board of Governors (hereafter in this subchapter referred to as the ‘‘Board’’) shall provide for the open communication of information and ideas through the use of radio broadcasting to Cuba. Radio broadcasting to Cuba shall serve as a con- sistently reliable and authoritative source of ac- curate, objective, and comprehensive news. (b) Broadcasting as part of Voice of America Radio broadcasting in accordance with sub- section (a) shall be part of the Voice of America radio broadcasting to Cuba and shall be in ac- cordance with all Voice of America standards to ensure the broadcast of programs which are ob- jective, accurate, balanced, and which present a variety of views. (c) Location of broadcast facilities; frequency; leased time from nongovernmental short- wave stations Radio broadcasting to Cuba authorized by this subchapter shall utilize the broadcasting facili- ties located at Marathon, Florida, and the 1180 AM frequency that were used by the Voice of America prior to October 4, 1983. Other fre- quencies, not on the commercial Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be simultaneously utilized: Provided, That no frequency shall be used for radio broad- casts to Cuba in accordance with this sub- chapter which is not also used for all other Voice of America broadcasts to Cuba. Time leased from nongovernmental shortwave radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programs: Provided, That not less than 30 per centum of the programs broadcast or rebroad- cast shall be regular Voice of America broad- casts with particular emphasis on news and pro- grams meeting the requirements of section 1463(2) 1 of this title. (d) Changes in frequencies to other AM bands; jamming and interference Notwithstanding subsection (c), in the event that broadcasts to Cuba on the 1180 AM fre- quency are subject to jamming or interference greater by 25 per centum or more than the aver- age daily jamming or interference in the twelve months preceding September 1, 1983, the Broad- casting Board of Governors may lease time on commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall determine levels of jamming and interference by con- ducting regular monitoring of the 1180 AM fre- quency. In the event that more than two hours a day of time is leased, not less than 30 per cen- tum of the programing broadcast shall be reg- ular Voice of America broadcasts with par- ticular emphasis on news and programs meeting the requirements of section 1463(2) 1 of this title. (e) Voice of America: Cuba Service; Voice of America: Radio Marti program Any program of United States Government radio broadcasts to Cuba authorized by this sec- tion shall be designated ‘‘Voice of America: Cuba Service’’ or ‘‘Voice of America: Radio Marti program’’. (f) Use of other facilities In the event broadcasting facilities located at Marathon, Florida, are rendered inoperable by natural disaster or by unlawful destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one hundred and fifty days, use other United States Government-owned trans- mission facilities for Voice of America broad- casts to Cuba authorized by this subchapter. (Pub. L. 98–111, § 3, Oct. 4, 1983, 97 Stat. 749; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1324(1)–(3), Oct. 21, 1998, 112 Stat. 2681–780, 2681–781.) REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see section 6037(c) of this title. Editorial Notes REFERENCES IN TEXT Section 1463 of this title, referred to in subsecs. (c) and (d), was repealed by Pub. L. 103–236, title III, § 315(a), Apr. 30, 1994, 108 Stat. 445. CODIFICATION Section was enacted as part of the Radio Broad- casting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1324(1), (2), sub- stituted ‘‘Broadcasting Board of Governors’’ for ‘‘United States Information Agency’’ and ‘‘Board’’ for ‘‘Agency’’. Subsecs. (d), (f). Pub. L. 105–277, § 1324(3), substituted ‘‘the Broadcasting Board of Governors’’ for ‘‘the Direc- tor of the United States Information Agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. 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 Effec- tive Date note under section 6531 of this title. Page 369 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465c 1 So in original. There is no Board of the International Broad- casting Bureau. 1 See References in Text note below. 2 So in original. The word ‘‘Advisory’’ probably should not ap- pear. § 1465b. Cuba Service The Broadcasting Board of Governors shall es- tablish within the International Broadcasting Bureau a Cuba Service (hereafter in this section referred to as the ‘‘Service’’). The Service shall be responsible for all radio broadcasts to Cuba authorized by section 1465a of this title. The Broadcasting Board of Governors shall appoint a head of the Service and shall employ such staff as the head of the Service may need to carry out his duties. The Cuba Service shall be adminis- tered separately from other Voice of America functions and the head of the Cuba Service shall report directly to the Board 1 of the Inter- national Broadcasting Bureau. (Pub. L. 98–111, § 4, Oct. 4, 1983, 97 Stat. 750; Pub. L. 103–236, title III, § 305(e)(1), formerly § 305(d)(1), Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§ 1323(f)(1), 1324(3), (4), (6), Oct. 21, 1998, 112 Stat. 2681–779, 2681–781.) REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see section 6037(c) of this title. Editorial Notes CODIFICATION Section was enacted as part of the Radio Broad- casting to Cuba Act which comprises this subchapter, and not as part of the United States Information and Educational Exchange Act of 1948 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–277, § 1324(6), substituted ‘‘Board’’ for ‘‘Director’’ in last sentence. Pub. L. 105–277, § 1324(4), which directed the amend- ment of this section by substituting ‘‘the International Broadcasting Bureau’’ for ‘‘the Voice of America’’, was executed by making the substitution for text in two places to reflect the probable intent of Congress. Pub. L. 105–277, § 1324(3), which directed the substi- tution of ‘‘the Broadcasting Board of Governors’’ for ‘‘the Director of the United States Information Agen- cy’’ each place it appears, was executed by substituting ‘‘Broadcasting Board of Governors’’ for ‘‘Director of the United States Information Agency’’ in two places, to reflect the probable intent of Congress. 1994—Pub. L. 103–236 substituted ‘‘of the Voice of America’’ for ‘‘and the Associate Director for Broad- casting of the United States Information Agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. 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 Effec- tive Date note under section 6531 of this title. PROHIBITIONS Pub. L. 114–323, title VII, § 703(b), Dec. 16, 2016, 130 Stat. 1941, as amended by Pub. L. 115–94, § 11, Dec. 18, 2017, 131 Stat. 2040, provided that: ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, any change to the Federal status of— ‘‘(A) the Cuba Service established pursuant to sec- tion 4 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465b; Public Law 98–111) is prohibited unless such section is explicitly repealed and such service is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act [Dec. 16, 2016]; and ‘‘(B) the Television Marti Service established by section 244(a) of Television Broadcasting to Cuba Act (22 U.S.C. 1465cc; Public Law 101–246) is prohibited un- less such section is explicitly repealed and such serv- ice is dissolved by an Act of Congress enacted on or after the date of the enactment of this Act. ‘‘(2) DEFINITION.—In this subsection, the term ‘change to the Federal status’, with respect to a service re- ferred to in subparagraph (A) or (B) of paragraph (1), in- cludes privatization, subordination to a private or pri- vate-public entity, or merger with a private or public- private entity of such service.’’ § 1465c. Advisory Board for Cuba Broadcasting (a) Establishment; membership; chairperson There is established within the Office of the President the Advisory Board for Cuba Broad- casting (in this subchapter 1 referred to as the ‘‘Advisory Board’’). The Advisory Board shall consist of nine members, appointed by the Presi- dent by and with the advice and consent of the Senate, of whom not more than five shall be members of the same political party. The Presi- dent shall designate one member of the Advisory Board to serve as chairperson. (b) Review; recommendations The Advisory Board shall review the effective- ness of the activities carried out under this sub- chapter and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] and shall make rec- ommendations to the President and the Broad- casting Advisory 2 Board of Governors as it may consider necessary. (c) Terms; vacancies In appointing the initial voting members of the Advisory Board, the President shall des- ignate three members to serve for a term of three years, three members to serve for a term of two years, and three members to serve for a term of one year. Thereafter, the term of each member of the Advisory Board shall be three years. The President shall appoint, by and with the advice and consent of the Senate, members to fill vacancies occurring prior to the expira- tion of a term, in which case the members so ap- pointed shall serve for the remainder of such term. Any member whose term has expired may serve until his successor has been appointed and qualified. (d) Ex officio members The head of the Cuba Service and the head of the Television Marti Service shall serve, ex offi- cio, as members of the Advisory Board. (e) Compensation; travel expenses Members of the Advisory Board appointed by the President shall, while attending meetings of