§ 6203. Establishment of Broadcasting Board of Governors

(a) Continued existence within Executive branch

(1) In general

The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5.

(2) Retention of existing Board members

The members of the Broadcasting Board of Governors appointed by the President pursuant to subsection (b)(1)(A) before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998 and holding office as of that date may serve the remainder of their terms of office without reappointment.

(3) Inspector General authorities

(A) In general

The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting Board of Governors and the International Broadcasting Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 3929 of this title with respect to the Department of State.

(B) Respect for journalistic integrity of broadcasters

The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this chapter and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.

(b) Composition of Board

(1) The Board shall consist of 9 members, as follows:

(A) 8 voting members who shall be appointed by the President, by and with the advice and consent of the Senate.

(B) The Secretary of State who shall also be a voting member.

(2) The President shall appoint one member (other than the Secretary of State) as Chairman of the Board, subject to the advice and consent of the Senate.

(3) Exclusive of the Secretary of State, not more than 4 of the members of the Board appointed by the President shall be of the same political party.

(c) Term of office

The term of office of each member of the Board shall be three years, except that the Secretary of State shall remain a member of the Board during the Director’s is appointed.

(d) Selection of Board

Members of the Board appointed by the President shall be citizens of the United States who are not regular full-time employees of the United States Government. Such members shall be selected by the President from among Americans distinguished in the fields of mass communications, print, broadcast media, or foreign affairs.

(e) Compensation

Members of the Board, while 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 travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5. While away from their homes or regular places of business, members of the Board 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 Secretary of State shall not be entitled to any compensation under this chapter, but may be allowed travel expenses as provided under this subsection.

(f) Decisions

Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of 5 members.

(g) Immunity from civil liability

Notwithstanding any other provision of law, any and all limitations on liability that apply to the members of the Broadcasting Board of Governors also shall apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and Radio Free Asia.

(Pub. L. 103–236, title III, § 304, Apr. 30, 1994, 108 Stat. 434; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§ 1322, 1323(b), (c), Oct. 21, 1998, 112 Stat. 2681–777, 2681–778; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title V, §§ 502, 504], Nov. 29, 1999, 113 Stat. 1536, 1501A–451.)

References In Text

References in Text

For the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, referred to in subsec. (a)(2), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.

The Inspector General Act of 1978, referred to in subsec. (a)(3)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

This chapter, referred to in subsecs. (a)(3)(B) and (e), was in the original “this title”, meaning title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables.

Amendments

Amendments

1999—Subsec. (b)(2). Pub. L. 106–113, § 1000(a)(7) [div. A, title V, § 502(2)], which directed amendment of par. (2) by inserting “, subject to the advice and consent of the Senate” at end, was executed by making the insertion before period at end, to reflect the probable intent of Congress.

Pub. L. 106–113, § 1000(a)(7) [div. A, title V, § 502(1)], substituted “appoint” for “designate”.

Subsec. (g). Pub. L. 106–113, § 1000(a)(7) [div. A, title V, § 504], added subsec. (g).

1998—Subsec. (a). Pub. L. 105–277, § 1322, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There is hereby established within the United States Information Agency a Broadcasting Board of Governors (hereafter in this chapter referred to as the ‘Board’).”

Subsec. (b). Pub. L. 105–277, § 1323(b), substituted “Secretary of State” for “Director of the United States Information Agency” wherever appearing.

Subsec. (c). Pub. L. 105–277, § 1323(b), (c), in first sentence, substituted “Secretary of State” for “Director of the United States Information Agency”, and in last sentence, substituted “no Secretary of State” for “no Director of the United States Information Agency” and “Acting Secretary of State” for “acting Director of the agency”.

Subsec. (e). Pub. L. 105–277, § 1323(b), substituted “Secretary of State” for “Director of the United States Information Agency”.

Effective Date Of Amendment

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 Effective Date note under section 6531 of this title.