22 USC CHAPTER 18, SUBCHAPTER V-A: RADIO BROADCASTING TO CUBA

From Title 22—FOREIGN RELATIONS AND INTERCOURSECHAPTER 18—UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS

SUBCHAPTER V–A—RADIO BROADCASTING TO CUBA

Repeal of Subchapter

Subchapter repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

§1465. Congressional findings and declaration of purposes

The Congress finds and declares—

(1) that 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 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 particular 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.

(Pub. L. 98–111, §2, Oct. 4, 1983, 97 Stat. 749.)

Repeal of Section

Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

Section was enacted as part of the Radio Broadcasting 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.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 98–111, §1, Oct. 4, 1983, 97 Stat. 749, provided: "That this Act [enacting this subchapter] may be cited as the 'Radio Broadcasting to Cuba Act'."

§1465a. Additional functions of Broadcasting Board of Governors

(a) Radio broadcasting to Cuba

In order to carry out the objectives set forth in section 1465 of this title, the Broadcasting Board of Governors (hereafter in this subchapter referred to as the "Board") 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 comprehensive news.

(b) Broadcasting as part of Voice of America

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) Location of broadcast facilities; frequency; leased time from nongovernmental shortwave stations

Radio broadcasting to Cuba authorized by this subchapter shall utilize the broadcasting facilities located at Marathon, Florida, and the 1180 AM frequency that were used by the Voice of America prior to October 4, 1983. Other frequencies, not on the commercial Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be simultaneously utilized: Provided, That no frequency shall be used for radio broadcasts to Cuba in accordance with this subchapter which is not also used for all other Voice of America broadcasts to Cuba. Time leased from nongovernmental shortwave radio stations may be used to carry all or part of the Service 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 emphasis on news and programs meeting the requirements of section 1463(2) ¹ of this title.

(d) Changes in frequencies to other AM bands; jamming and interference

Notwithstanding subsection (c), in the event that broadcasts to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily jamming or interference in the twelve months preceding September 1, 1983, the Broadcasting Board of Governors may lease time on commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall determine levels of jamming and interference by conducting 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 meeting the requirements of section 1463(2) ¹ of this title.

(e) Voice of America: Cuba Service; Voice of America: Radio Marti program

Any program of United States Government radio broadcasts to Cuba authorized by this section shall be designated "Voice of America: Cuba Service" or "Voice of America: Radio Marti program".

(f) Use of other facilities

In the event broadcasting facilities located at Marathon, Florida, are rendered inoperable by natural disaster or by unlawful destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one hundred and fifty days, use other United States Government-owned transmission facilities for Voice of America broadcasts to Cuba authorized by this subchapter.

(Pub. L. 98–111, §3, Oct. 4, 1983, 97 Stat. 749; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(1)–(3), Oct. 21, 1998, 112 Stat. 2681–780, 2681-781.)

Repeal of Section

Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

References in Text

Section 1463 of this title, referred to in subsecs. (c) and (d), was repealed by Pub. L. 103–236, title III, §315(a), Apr. 30, 1994, 108 Stat. 445.

Codification

Amendments

1998—Subsec. (a). Pub. L. 105–277, §1324(1), (2), substituted "Broadcasting Board of Governors" for "United States Information Agency" and "Board" for "Agency".

Subsecs. (d), (f). Pub. L. 105–277, §1324(3), substituted "the Broadcasting Board of Governors" for "the Director 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 Effective Date note under section 6531 of this title.

¹ See References in Text note below.

§1465b. Cuba Service

The Broadcasting Board of Governors shall establish 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 administered separately from other Voice of America functions and the head of the Cuba Service shall report directly to the Board ¹ of the International 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 determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

Amendments

1998—Pub. L. 105–277, §1324(6), substituted "Board" for "Director" in last sentence.

Pub. L. 105–277, §1324(4), which directed the amendment 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 substitution of "the Broadcasting Board of Governors" for "the Director of the United States Information Agency" 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 Broadcasting of the United States Information Agency".

Statutory Notes and Related Subsidiaries

Change of Name

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.

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 provision of law, any change to the Federal status of—

"(A) the Cuba Service established pursuant to section 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 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.

"(2) Definition.—In this subsection, the term 'change to the Federal status', with respect to a service referred to in subparagraph (A) or (B) of paragraph (1), includes privatization, subordination to a private or private-public entity, or merger with a private or public-private entity of such service."

¹ So in original. There is no Board of the International Broadcasting Bureau.

§1465c. Advisory Board for Cuba Broadcasting

(a) Establishment; membership; chairperson

There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this subchapter ¹ referred to as the "Advisory Board"). The Advisory 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 of the same political party. The President shall designate one member of the Advisory Board to serve as chairperson.

(b) Review; recommendations

The Advisory Board shall review the effectiveness of the activities carried out under this subchapter and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] and shall make recommendations to the President and the Broadcasting 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 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 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 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) Ex officio members

The head of the Cuba Service and the head of the Television Marti Service shall serve, ex officio, as members of the Advisory Board.

(e) Compensation; travel expenses

Members of the Advisory Board appointed by the President shall, while attending meetings of 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 compensation equal to the daily equivalent of the compensation prescribed for level V of the Executive 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 authorized 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 indefinitely.

(h) Authorization of appropriations

There are authorized to be appropriated $130,000 to carry out the provisions of this section.

(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 determination by President under section 6063(c)(3) of this title that democratically elected government 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

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 division referred to as the 'Advisory Board')." for "There is established within the Office of the President the Advisory Board for Cuba Broadcasting (hereafter in this subchapter referred to as the 'Board').", and substituted "Advisory Board" for "Board" in two places.

Subsecs. (b) to (g). Pub. L. 105–277, §1324(5)(A), substituted "Advisory Board" for "Board" wherever appearing.

1994—Subsec. (b). Pub. L. 103–236 substituted "Broadcasting Board of Governors" for "Director and Associate Director for Broadcasting of the United States Information 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 subsec. (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 subsec. (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 subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The head of the Service shall serve, ex officio, 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

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.

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, provided that: "The Advisory Board shall have a staff director who shall be appointed by the Chairperson of the Advisory Board for Cuba Broadcasting."

¹ See References in Text note below.

² So in original. The word "Advisory" probably should not appear.

§1465d. Assistance from other government agencies

(a) In order to assist the Broadcasting Board of Governors in carrying out the purposes set forth in section 1465 of this title, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Board. Support and services shall be provided on a reimbursable basis. Any reimbursement shall be credited to the appropriation from which the property, support, or services was derived.

(b) The Board may carry out the purposes of section 1465a of this title by means of grants, leases, or contracts (subject to the availability of appropriations), or such other means as the Board determines will be most effective.

(Pub. L. 98–111, §6, Oct. 4, 1983, 97 Stat. 751; 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 determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

Amendments

1998—Subsec. (a). Pub. L. 105–277 substituted "Broadcasting Board of Governors" for "United States Information Agency" and "Board" for "Agency".

Subsec. (b). Pub. L. 105–277, §1324(2), substituted "Board" for "Agency" in two places.

Statutory Notes and Related Subsidiaries

Change of Name

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.

§1465e. Compensation for Cuban interference with broadcasting in United States

(a) Interim assistance to United States broadcasters

It is the intent of the Congress that the Secretary of State should seek prompt and full settlement of United States claims against the Government of Cuba arising from Cuban interference with broadcasting 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) Money payments pursuant to authority from Federal Communications Commission

Accordingly, the Board may make payments to the United States radio broadcasting station licensees upon their application for expenses which they have incurred before, on, or after October 4, 1983, 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 transmission 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.

(c) Regulations and procedures

The Federal Communications Commission shall issue such regulations and establish such procedures for carrying out this section as the Federal Communications Commission finds appropriate. Such regulations shall be issued no later than one hundred and eighty days after October 4, 1983.

(d) Authorization of appropriations

There are authorized to be appropriated to the Board, $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) Four-year availability for appropriated funds

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 subchapter.

(f) Presidential task force

It is the sense of the Congress that the President should 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.

(g) Effective Date

This section shall enter into effect on October 1, 1984.

(Pub. L. 98–111, §7, Oct. 4, 1983, 97 Stat. 752; Pub. L. 98–411, title V, §512, Aug. 30, 1984, 98 Stat. 1574; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1324(2), Oct. 21, 1998, 112 Stat. 2681–781.)

Repeal of Section

Section repealed upon transmittal of determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

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 Effective 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 authorized to be appropriated to the Board for the fiscal 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.

(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 determination by President under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, see section 6037(c) of this title.

Editorial Notes

Codification

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

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.

§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, directed United States Information Agency to arrange for independent evaluations of Cuba Service programing for submission to Congress.