22 U.S.C. § 1465aa — Findings and purposes

Page 372 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465f 1 So in original. The word ‘‘that’’ probably should not appear. AMENDMENTS 1998—Subsecs. (b), (d). Pub. L. 105–277 substituted ‘‘Board’’ for ‘‘Agency’’. 1984—Subsec. (b). Pub. L. 98–411 substituted ‘‘replaced (less’’ for ‘‘(replaced less’’. Statutory Notes and Related Subsidiaries 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. § 1465f. Authorization of appropriations (a) There are authorized to be appropriated for the Broadcasting Board of Governors $14,000,000 for fiscal year 1984 and $11,000,000 for fiscal year 1985 to carry out sections 1465a and 1465b of this title. The amount obligated by the Broadcasting Board of Governors in ensuing fiscal years shall be sufficient to maintain broadcasts to Cuba under this subchapter at rates no less than the fiscal year 1985 level. (b) In addition to amounts otherwise author- ized to be appropriated to the Board for the fis- cal years 1984 and 1985, there are authorized to be appropriated to the Board $54,800,000 for the fiscal year 1984 and $54,800,000 for the fiscal year 1985, which amounts shall be available only for expenses incurred by essential modernization of the facilities and operations of the Voice of America. (c) Amounts appropriated under this section are authorized to be made available until ex- pended. (Pub. L. 98–111, § 8, Oct. 4, 1983, 97 Stat. 752; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1324(1), (2), Oct. 21, 1998, 112 Stat. 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 REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see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—Subsec. (a). Pub. L. 105–277, § 1324(1), substituted ‘‘Broadcasting Board of Governors’’ for ‘‘United States Information Agency’’ in two places. Subsec. (b). Pub. L. 105–277, § 1324(2), substituted ‘‘Board’’ for ‘‘Agency’’ in two places. 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. § 1465g. Repealed. Pub. L. 103–236, title I, § 139(9), Apr. 30, 1994, 108 Stat. 398 Section, Pub. L. 98–111, § 9, Oct. 4, 1983, 97 Stat. 753, di- rected United States Information Agency to arrange for independent evaluations of Cuba Service pro- graming for submission to Congress. SUBCHAPTER V–B—TELEVISION 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. § 1465aa. Findings and purposes The Congress finds and declares that— (1) 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 the Universal Declaration of Human Rights; (2) consonant with this policy, television broadcasting to Cuba may be effective in fur- thering the open communication of accurate information and ideas to the people of Cuba and, in particular, information about Cuba; (3) television 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; (4) facilities broadcasting television pro- gramming to Cuba must be operated in a man- ner consistent with applicable regulations of the Federal Communications Commission, and must not affect the quality of domestic broad- cast transmission or reception; and (5) that 1 the Voice of America already broadcasts to Cuba information that rep- resents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant Amer- ican thought and institutions, but that there is a need for television broadcasts to Cuba which provide news, commentary, and other information about events in Cuba and else- where to promote the cause of freedom in Cuba. (Pub. L. 101–246, title II, § 242, Feb. 16, 1990, 104 Stat. 58.) 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 Television 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. Page 373 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465bb Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–246, title II, § 241, Feb. 16, 1990, 104 Stat. 58, provided that: ‘‘This part [part D (§§ 241–248) of title II of Pub. L. 101–246, enacting this subchapter, amending section 1465c of this title, and enacting provisions set out as notes under section 1465c of this title] may be cited as the ‘Television Broadcasting to Cuba Act’.’’ § 1465bb. Television broadcasting to Cuba (a) Television broadcasting to Cuba In order to carry out the purposes set forth in section 1465aa of this title and notwithstanding the limitation of section 1461 of this title with respect to the dissemination in the United States of information prepared for dissemina- tion abroad to the extent such dissemination is inadvertent, the Broadcasting Board of Gov- ernors (hereafter in this subchapter referred to as the ‘‘Agency’’ shall provide for the open com- munication of information and ideas through the use of television broadcasting to Cuba. Tele- vision broadcasting to Cuba shall serve as a con- sistently reliable and authoritative source of ac- curate, objective, and comprehensive news. (b) Voice of America standards Television broadcasting to Cuba under this subchapter shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, bal- anced, and which present a variety of views. (c) Television Marti Any program of United States Government television broadcasts to Cuba authorized by this section shall be designated the ‘‘Television Marti Program’’. (d) Frequency assignment (1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.], the Federal Communica- tions Commission shall assign by order a suit- able frequency to further the national interests expressed in this subchapter, except that no such assignment shall result in objectionable in- terference with the broadcasts of any domestic licensee. (2) No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable in- terference caused by broadcasting of the Serv- ice. (3) For purposes of section 305 of the Commu- nications Act of 1934 [47 U.S.C. 305], a television broadcast station established for purposes of this subchapter shall be treated as a government station, but the Federal Communications Com- mission shall exercise the authority of the President under such section to assign a fre- quency to such station. (e) Interference with domestic broadcasting (1) Broadcasting by the Television Marti Serv- ice shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objec- tionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regard- ing objectionable interference as any domestic licensee. The Federal Communications Commis- sion shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a com- plaint from any person, the Federal Communica- tions Commission determines, in its discretion, that broadcasting by the Television Marti Serv- ice is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communica- tions Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broad- casts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur. (2) The Federal Communications Commission shall take such actions as are necessary and ap- propriate to assist domestic licensees in over- coming the adverse effects of objectionable in- terference caused by broadcasting by the Tele- vision Marti Service. Such assistance may in- clude the authorization of nondirectional in- creases in the effective radiated power of a do- mestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service. (3) If the Federal Communications Commis- sion directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall con- tinue to notify the appropriate committees of Congress of progress in eliminating the objec- tionable interference and shall assure that Con- gress is fully informed about the operation of the Television Marti Service. (f) Monitoring of interference The Federal Communications Commission shall continually monitor and periodically re- port to the appropriate committees of the Con- gress interference to domestic broadcast licens- ees— (1) from the operation of Cuban television and radio stations; and (2) from the operations of the television broadcasting to Cuba. (g) Task force It is the sense of the Congress that the Presi- dent should establish a task force to analyze the level of interference from the operation of Cuban television and radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem. (Pub. L. 101–246, title II, § 243, Feb. 16, 1990, 104 Stat. 59; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(1), (2), Oct. 21, 1998, 112 Stat. 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.