22 U.S.C. § 1465c — Advisory Board for Cuba Broadcasting

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 REPEAL OF SECTION Section repealed upon transmittal of deter- mination by President under section 6063(c)(3) of this title that democratically elected govern- ment in Cuba is in power, see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 Page 370 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1465d the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board pursuant to this section, including traveltime, be entitled to receive com- pensation equal to the daily equivalent of the compensation prescribed for level V of the Exec- utive Schedule under section 5316 of title 5. While away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as au- thorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The ex officio members of the Advisory Board shall not be entitled to any compensation under this section, but may be allowed travel expenses as provided in the preceding sentence. (f) Procurement powers of Advisory Board The Advisory Board may, to the extent it deems necessary to carry out its functions under this section, procure supplies, services, and other personal property, including specialized electronic equipment. (g) Indefinite life span of Advisory Board Notwithstanding any other provision of law, the Advisory Board shall remain in effect indefi- nitely. (h) Authorization of appropriations There are authorized to be appropriated $130,000 to carry out the provisions of this sec- tion. (Pub. L. 98–111, § 5, Oct. 4, 1983, 97 Stat. 750; Pub. L. 101–246, title II, § 245(a), Feb. 16, 1990, 104 Stat. 61; Pub. L. 103–236, title III, § 305(e)(2), formerly § 305(d)(2), Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§ 1323(f)(1), 1324(5), 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 REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this division’’, and was translated as reading ‘‘this Act’’, meaning Pub. L. 98–111, which enacted this subchapter, to reflect the probable intent of Congress. The Television Broadcasting to Cuba Act, referred to in subsec. (b), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§ 1465aa et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables. 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(5), substituted ‘‘There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this divi- sion referred to as the ‘Advisory Board’).’’ for ‘‘There is established within the Office of the President the Advi- sory Board for Cuba Broadcasting (hereafter in this subchapter referred to as the ‘Board’).’’, and sub- stituted ‘‘Advisory Board’’ for ‘‘Board’’ in two places. Subsecs. (b) to (g). Pub. L. 105–277, § 1324(5)(A), sub- stituted ‘‘Advisory Board’’ for ‘‘Board’’ wherever ap- pearing. 1994—Subsec. (b). Pub. L. 103–236 substituted ‘‘Broad- casting Board of Governors’’ for ‘‘Director and Asso- ciate Director for Broadcasting of the United States In- formation Agency’’. 1990—Pub. L. 101–246, § 245(a)(1), substituted ‘‘Cuba Broadcasting’’ for ‘‘Radio Broadcasting to Cuba’’ in section catchline. Subsec. (a). Pub. L. 101–246, § 245(a)(2), amended sub- sec. (a) generally, substituting ‘‘Cuba Broadcasting’’ for ‘‘Radio Broadcasting to Cuba’’ and ‘‘to serve as chairperson’’ for ‘‘to serve as Chairman’’. Subsec. (b). Pub. L. 101–246, § 245(a)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The Board shall review the effectiveness of the activities carried out under this subchapter and shall make such recommendations to the President, the Director and the Associate Director for Broadcasting of the United States Information Agency as it may deem necessary.’’ Subsec. (d). Pub. L. 101–246, § 245(a)(3), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The head of the Service shall serve, ex offi- cio, as a member of the Board.’’ Subsec. (e). Pub. L. 101–246, § 245(a)(4), substituted ‘‘The ex officio members’’ for ‘‘The ex officio member’’. 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. FORMER REFERENCES TO ADVISORY BOARD FOR RADIO BROADCASTING TO CUBA Pub. L. 101–246, title II, § 245(b), Feb. 16, 1990, 104 Stat. 61, provided that: ‘‘A reference in any provision of law to the ‘Advisory Board for Radio Broadcasting to Cuba’ shall be considered to be a reference to the ‘Advisory Board for Cuba Broadcasting’.’’ CONTINUED SERVICE OF BOARD MEMBERS Pub. L. 101–246, title II, § 245(c), Feb. 16, 1990, 104 Stat. 61, provided that: ‘‘Each member of the Advisory Board for Radio Broadcasting to Cuba as in existence on the day before the effective date of the amendment made by subsection (a) [Feb. 16, 1990] shall continue to serve for the remainder of the term to which such member was appointed as a member of the Advisory Board for Cuba Broadcasting.’’ STAFF DIRECTOR Pub. L. 101–246, title II, § 245(d), Feb. 16, 1990, 104 Stat. 62, as amended by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(5), Oct. 21, 1998, 112 Stat. 2681–782, pro- vided that: ‘‘The Advisory Board shall have a staff di- rector who shall be appointed by the Chairperson of the Advisory Board for Cuba Broadcasting.’’ § 1465d. Assistance from other government agen- cies (a) In order to assist the Broadcasting Board of Governors in carrying out the purposes set