1997 U.S. Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 71 - UNITED STATES INTERNATIONAL BROADCASTING
Sec. 6209 - Transition

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§6209. Transition (a) Authorization

(1) The President is authorized consistent with the purposes of this Act to direct the transfer of all functions and authorities from the Board for International Broadcasting to the United States Information Agency, the Board, or the Bureau as may be necessary to implement this chapter.

(2)(A) Not later than 120 days after April 30, 1994, the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting shall jointly prepare and submit to the President for approval and implementation a plan to implement the provisions of this chapter. Such plan shall include at a minimum a detailed cost analysis to implement fully the recommendations of such plan. The plan shall identify all costs in excess of those authorized for such purposes and shall provide that any excess cost to implement the plan shall be derived only from funds authorized in section 201 of this Act.

(B) The President shall transmit copies of the approved plan, together with any recommendations for legislative changes that may be necessary, to the appropriate congressional committees.

(b) New appointees

The Director of the United States Information Agency may assign employees of the Agency for service with RFE/RL, Incorporated, with the concurrence of the president of RFE/RL, Incorporated. Such assignment shall not affect the rights and benefits of such personnel as employees of the United States Information Agency.

(c) Board for International Broadcasting personnel

All Board for International Broadcasting full-time United States Government personnel (except special Government employees) and part-time United States Government personnel holding permanent positions shall be transferred to the United States Information Agency, the Board, or the Bureau. Such transfer shall not cause any such employee to be separated or reduced in grade or compensation.

(d) Other authorities

The Director of the United States Information Agency is authorized to utilize the provisions of titles VIII and IX of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1471 et seq., 1478, 1479], and any other authority available to the Director on April 30, 1994, to the extent that the Director considers necessary in carrying out the provisions and purposes of this chapter.

(e) Repeal

The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30, 1995, or the date on which all members of the Board are confirmed, whichever is earlier.1

(f) Savings provisions (1) Continuing effect of legal documents

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—

(A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter; and

(B) which are in effect at the time this chapter takes effect, or were final before the effective date of this chapter and are to become effective on or after the effective date of this chapter,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the United States Information Agency or other authorized official, a court of competent jurisdiction, or by operation of law.

(2) Proceedings not affected

The provisions of this chapter shall not affect any proceedings pending before the Board for International Broadcasting at the time this chapter takes effect, with respect to functions transferred by this chapter, but such proceedings shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the termination or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been terminated or modified if this chapter had not been enacted.

(3) Suits not affected

The provisions of this chapter shall not affect suits commenced before the effective date of this chapter, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this chapter had not been enacted.

(4) Nonabatement of actions

No suit, action, or other proceeding commenced by or against the Board for International Broadcasting or by or against any individual in the official capacity of such individual as an officer of the Board for International Broadcasting shall abate by reason of the enactment of this chapter.

(5) Administrative actions relating to promulgation of regulations

Any administrative action relating to the preparation or promulgation of a regulation by the Board for International Broadcasting relating to a function transferred under this chapter may be continued by the United States Information Agency with the same effect as if this chapter had not been enacted.

(6) References

A reference in any provision of law, reorganization plan, or other authority to the Associate Director for Broadcasting of the United States Information Agency shall be considered to be a reference to the Director of the International Broadcasting Bureau of the United States Information Agency.

(7) Effect on other laws

The provisions of, and authorities contained in or transferred pursuant to, this chapter are not intended to repeal, limit, or otherwise derogate from the authorities or functions of or available to the Director of the United States Information Agency or the Secretary of State under law, reorganization plan, or otherwise, unless such provision hereof—

(A) specifically refers to the provision of law or authority existing on the effective date of this chapter, so affected; or

(B) is in direct conflict with such law or authority existing on the effective date of this chapter.

(Pub. L. 103–236, title III, §310, Apr. 30, 1994, 108 Stat. 442.)

References in Text

This Act, referred to in subsec. (a)(1), is Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 382, known as the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Section 201 of the Act, 108 Stat. 420, is not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables.

The United States Information and Educational Exchange Act of 1948, referred to in subsec. (d), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, as amended. Title VIII of the Act is classified generally to subchapter VIII (§1471 et seq.) of chapter 18 of this title. Title IX of the Act is classified to sections 1478 and 1479 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables.

The Board for International Broadcasting Act of 1973, referred to in subsec. (e), is Pub. L. 93–129, Oct. 19, 1973, 87 Stat. 456, as amended, which was classified generally to chapter 43 (§2871 et seq.) of this title. As to the date on which all members of the Broadcasting Board of Governors are confirmed, the Members of the Board were confirmed by the Senate on Aug. 11, 1995, see Cong. Rec., vol. 141, p. S12519, Daily Issue.

The effective date of this chapter, referred to in subsec. (f)(1)(B), (3), (7), probably means the date of enactment of title III of Pub. L. 103–236 which enacted this chapter and was approved Apr. 30, 1994.

1 See References in Text note below.