S. 602 (98th): Radio Broadcasting to Cuba Act
PUBLIC LAW 98-111—OCT. 4, 1983 97 STAT. 749 Public Law 98-111 98th Congress An Act To provide for the broadcasting of accurate information to the people of Cuba, and for Oct. 4, 1983 other purposes. [S. 602] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Radio be cited as the "Radio Broadcasting to Cuba Act". Broadcasting to Cuba Act. 22 u s e 1465 FINDINGS; PURPOSES note. SEC. 2. The Congress finds and declares— 22 u s e 1465. (1) that it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart informa- tion and ideas through any media and regardless of frontiers, in accordance with article 19 of Universal Declaration of Human Rights; (2) that, consonant with this policy, radio broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba, in partic- ular 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 accordance with high professional standards, would be in the national interest; and (4) that the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive 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 promote the cause of freedom in Cuba. ADDITIONAL FUNCTIONS OF THE UNITED STATES INFORMATION AGENCY SEC. 3. (a) In order to carry out the objectives set forth in section 2, 22 use I465a. the United States Information Agency (hereafter in this Act re- ferred to as the "Agency") 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 consistently reliable and authoritative source of accurate, objective, and compre- hensive news. 0>) Radio broadcasting in accordance with subsection (a) shall be part of the Voice of America radio broadcasting to Cuba and shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views. (c) Radio broadcasting to Cuba authorized by this Act shall utilize Facilities. the broadcasting facilities located at Marathon, Florida, and the 1180 AM frequency that were used by the Voice of America prior to the date of enactment of this Act. Other frequencies, not on the Frequencies.
97 STAT. 750 PUBLIC LAW 98-111—OCT. 4, 1983 commercial Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be simultaneously utilized: Provided, That no fre- quency shall be used for radio broadcasts to Cuba in accordance with this Act which is not also used for all other Voice of America Leased time broadcasts to Cuba. Time leased from nongovernmental shortwave from nongovern- radio stations may be used to carry all or part of the Service mental stations. programs and to rebroadcast Service programs: Provided, That not less than 30 per centum of the programs broadcast or rebroadcast shall be regular Voice of America broadcasts with particular empha- sis on news and programs meeting the requirements of section 503(2) 22 u s e 1463. of Public Law 80-402. Frequency (d) Notwithstanding subsection (c), in the event that broadcasts to jamming or interference, Cuba on the 1180 AM frequency are subject to jamming or interfer- leased time. ence greater by 25 per centum or more than the average daily jamming or interference in the twelve months preceding September 1, 1983, the Director of the United States Information Agency may lease time on commercial or noncommercial educational AM band FCC monitoring. radio broadcasting stations. The Federal Communications Commis- sion shall determine levels of jamming and interference by conduct- ing regular monitoring of the 1180 AM frequency. In the event that more than two hours a day of time is leased, not less than 30 per centum of the programing broadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs 22 u s e 1463. meeting the requirements of section 503(2) of Public Law 80-402. Program designations. (e) Any program of United States Government radio broadcasts to Cuba authorized by this section shall be designated "Voice of Amer- ica: Cuba Service" or "Voice of America: Radio Marti program". (f) In the event broadcasting facilities located at Marathon, Flor- ida, are rendered inoperable by natural disaster or by unlawful destruction, the Director of the United States Information Agency may, for the period in which the facilities are inoperable but not to exceed one hundred and fifty days, use other United States Govern- ment-owned transmission facilities for Voice of America broadcasts to Cuba authorized by this Act. CUBA SERVICE OF THE VOICE OF AMERICA Establishment. SEC. 4. The Director of the United States Information Agency 22 u s e 1465b. shall establish within the Voice of America a Cuba Service (hereaf- ter in this section referred to as the "Service"). The Service shall be responsible for all radio broadcasts to Cuba authorized by section 3. The Director of the United States Information Agency 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 administered separately from other Voice of America functions and the head of the Cuba Service shall report directly to the Director and the Associate Director for Broadcasting of the United States Information Agency. BOARD FOR RADIO BROADCASTING TO CUBA Establishment. SEC. 5. (a) There is established within the Office of the President 22 u s e 1465c. the Advisory Board for Radio Broadcasting to Cuba (hereafter in this Act referred to as the "Board"). The Board shall consist of nine members, appointed by the President by and with the advice and consent of the Senate, of whom not more than five shall be members
PUBLIC LAW 98-111—OCT. 4, 1983 97 STAT. 751 of the same political party. The President shall designate one member of the Board to serve as Chairman. db) The Board shall review the effectiveness of the activities Review of carried out under this Act and shall make such recommendations to activity effectiveness. the President, the Director and the Associate Director for Broadcast- ing of the United States Information Agency as it may deem necessary. (c) In appointing the initial voting members of the Board, the Appointments. President shall designate 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 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 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 successor has been appointed and qualified. (d) The head of the Service shall serve, ex officio, as a member of the Board. (e) Members of the Board appointed by the President shall, while Compensation. 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 traveltime, be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level V of the Executive Schedule under section 5316 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 ex officio member of the Board shall not be entitled to any compensa- tion under this section, but may be allowed travel expenses as provided in the preceding sentence. (f) The 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) Notwithstanding any other provision of law, the Board shall Effective date. remain in effect indefinitely. (h) There are authorized to be appropriated $130,000 to carry out Appropriation authorization. the provisions of this section. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES SEC. 6. (a) In order to assist the United States Information Agency 22 u s e 1465d. in carrying out the purposes set forth in section 2, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administra- tive and technical support and services at the request of the Agency. Support and services shall be provided on a reimbursable basis. Any Reimbursement. reimbursement shall be credited to the appropriation from which the property, support, or services was derived. (b) The Agency may carry out the purposes of section 3 by means Grants, leases, or contracts. of grants, leases, or contracts (subject to the availability of appropri- ations), or such other means as the Agency determines will be most effective.
97 STAT. 752 PUBLIC LAW 98-111—OCT. 4, 1983 FACIUTY COMPENSATION Claims against SEC. 7. (a) It is the intent of the Congress that the Secretary of Cuban State should seek prompt and full settlement of United States Government. 22 u s e 1465e. claims against the Government of Cuba arising from Cuban interfer- ence with broadc£isting in the United States. Pending the settlement of these claims, it is appropriate to provide some interim assistance to the United States broadcasters who are adversely affected by Cuban radio interference and who seek to assert their right to measures to counteract the effects of such interference. (b) Accordingly, the Agency may make payments to the United States radio broadcasting station licensees upon their application for expenses which they have incurred before, on, or after the date of this Act in mitigating, pursuant to special temporary authority from the Federal Communications Commission, the effects of activities by the Government of Cuba which directly interfere with the transmis- sion or reception of broadcasts by these licensees. Such expenses shall be limited to the costs of equipment (replaced less depreciation) and associated technical and engineering costs. Regulations. (c) The Federal Communications Commission shall issue such regulations and establish such procedures for carrying out this section as the Federal Communications Commission finds appropri- ate. Such regulations shall be issued no later than one hundred and eighty days after enactment of this Act. Appropriation authorization. (d) There are authorized to be appropriated to the Agency, $5,000,000 for use in compensating United States radio broadcasting licensees pursuant to this section. Amounts appropriated under this section are authorized to be available until expended. (e) Funds appropriated for implementation of this section shall be available for a period of no more than four years following the initial broadcast occurring as a result of programs described in this Act. Interference (f) It is the sense of the Congress that the President should level analysis. establish a task force to analyze the level of interference from the operation of Cuban radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem. Effective date. (g) This section shall enter into effect on October 1,1984. 22 u s e 1465e note. AUTHORIZATION OF APPROPRIATIONS 22 u s e 1465f. SEC. 8. (a) There are authorized to be appropriated for the United States Information Agency $14,000,000 for fiscal year 1984 and $11,000,000 for fiscal year 1985 to carry out sections 3 and 4 of this Act. The amount obligated by the United States Information Agency in ensuing fiscal years shall be sufficient to maintain broadcasts to Cuba under this Act at rates no less than the fiscal year 1985 level. (b) In addition to amounts otherwise authorized to be appropriated to the Agency for the fiscal years 1984 and 1985, there are author- ized to be appropriated to the Agency $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 expended.
PUBLIC LAW 98-111—OCT. 4, 1983 97 STAT. 753 INDEPENDENT EVALUATION OF THE CUBA SERVICE SEC. 9. The United States Information Agency shall arrange, by 22 use I465g. contract if necessary, an independent evaluation of Cuba Service programing, the results of which are to be set forth in a report to be prepared and transmitted to the Agency eighteen months after the date of enactment of this Act and at intervals of one year thereafter for the following three years. The Agency shall, not later than thirty Report to days after the date of receipt of such report, transmit to the Con- Congress. gross such report, together with any recommendations for legisla- tive action. Approved October 4, 1983. LEGISLATIVE HISTORY—S. 602 (H.R. 2453): HOUSE REPORT No. 98-284, Pt. 1 (Coram, on Foreign Affairs) and Pt. 2 (Ck)mm. on Energy and Commerce) both accompanying H.R. 2453. SENATE REPORT No. 98-156 (Coram, on Foreign Relations). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 13, considered and passed Senate. Sept. 29, considered and passed House.