22 U.S.C. § 1465 — Congressional findings and declaration of

Page 367 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465 for ‘‘Director of the United States Information Agen- cy’’ after ‘‘statement by the’’ and for ‘‘United States Information Agency’’ after ‘‘available to the’’. Subsec. (e)(3). Pub. L. 105–277, § 1335(a)(1)(B), sub- stituted ‘‘Broadcasting Board of Governors’’ for ‘‘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. TELEVISION SERVICE OF USIA Pub. L. 100–204, title II, § 207, Dec. 22, 1987, 101 Stat. 1374, which provided that the television and film serv- ice of the United States Information Agency was to op- erate under same criteria and conditions as specified for Voice of America by section 1463 of this title, was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(7), Oct. 21, 1998, 112 Stat. 2681–790. § 1464b. Voice of America hiring practices (a) Prohibition After February 16, 1990, the Voice of America shall not select candidates for employment who must be or are preapproved for employment at the Voice of America by a foreign government or an entity controlled by a foreign government. (b) Exception The prohibition referred to in this section shall not apply to— (1) participants in the Voice of America’s ex- change programs; or (2) clerical, technical, or maintenance staff at Voice of America offices in foreign coun- tries. (c) Report If the Broadcasting Board of Governors deter- mines that the prohibition under subsection (a) would require the termination of a specific Voice of America foreign language service, then, not less than 90 days before the Board begins to recruit such candidates, the Board shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report con- cerning— (1) the number and location of speakers of the applicable foreign language who could be recruited by the Voice of America without vio- lating this section; and (2) the efforts made by the Voice of America to recruit such individuals for employment. (Jan. 27, 1948, ch. 36, title V, § 506, as added Pub. L. 101–246, title II, § 232, Feb. 16, 1990, 104 Stat. 57; amended Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(a)(2), Oct. 21, 1998, 112 Stat. 2681–787.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–277, in introductory pro- visions, substituted ‘‘Broadcasting Board of Governors’’ for ‘‘Director of the United States Information Agen- cy’’, ‘‘Board begins’’ for ‘‘Agency begins’’, and ‘‘Board shall’’ for ‘‘Director shall’’. 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. SUBCHAPTER V–A—RADIO BROADCASTING TO CUBA REPEAL OF SUBCHAPTER Subchapter repealed upon transmittal of de- termination by President under section 6063(c)(3) of this title that democratically elect- ed government in Cuba is in power, see section 6037(c) of this title. § 1465. Congressional findings and declaration of purposes The Congress finds and declares— (1) that it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accordance with article 19 of Uni- versal Declaration of Human Rights; (2) that, consonant with this policy, radio broadcasting to Cuba may be effective in fur- thering the open communication of accurate information and ideas to the people of Cuba, in particular information about Cuba; (3) that such broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in ac- cordance with high professional standards, would be in the national interest; and (4) that the Voice of America already broad- casts to Cuba information that represents America, not any single segment of American society, and includes a balanced and com- prehensive projection of significant American thought and institutions but that there is a need for broadcasts to Cuba which provide news, commentary and other information about events in Cuba and elsewhere to pro- mote the cause of freedom in Cuba. (Pub. L. 98–111, § 2, Oct. 4, 1983, 97 Stat. 749.) 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 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.