of assistance provided under this Act, the total cost of the undertakings or programs in connection with which such assistance is given or used, that portion of the cost of the undertakings or programs supplied by other sources, and such other records as will facilitate an effective audit.

(b) The Board and the Comptroller General of the United States. or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of RFE/RL, Incorporated, 17 which, in the opinion of the Board or the Comptroller General, may be related or pertinent to the assistance provided under this Act.

(c) No grant may be made under this Act unless RFE/RL Incorporated, 18 agrees to make available, and does make available, for public inspection, during normal business hours at its principal office in the United States, a complete list of every person and government making a contribution to RFE/RL, Incorporated, 19 (including a contribution made to any corporation or other entity having a principal purpose of receiving private contributions on behalf of RFE/RL, Incorporated) 20 during the fiscal year preceding the making of the grant and the fiscal year in which the grant is to be made, the address of the person or government making the contribution, the amount of each such contribution, and the date the contribution was made.

ROLE OF THE SECRETARY OF STATE

Sec. 6. (a) 21 To assist the Board in carrying out its functions, the Secretary of State shall provide the Board with such information regarding the foreign policy of the United States as the Secretary may deem appropriate. The Secretary shall report regularly to the Board on the impact of broadcasts by RFE/RL, Incorporated, in Eastern Europe and the Soviet Union.21

(b) 22 No grant may be made under this Act unless RFE/RL, Incorporated, agrees to the presence of an observer representing the Secretary of State at the meetings of its Board of Directors.

PUBLIC SUPPORT

Sec. 7.23 The Board is authorized to receive donations, bequests, devises, gifts, and other forms of contributions of cash, services, and other property, from persons, corporations, foundations, and all other groups and entities both within the United States and abroad, and, pursuant to the Federal Property Administrative Services Act of 1949, as amended, to use, sell, or otherwise dispose of such property for the carrying out of its functions. For the pur

18 Sec. 302(d)(3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), substituted the words "RFE/RL, Incorporated," in lieu of "the radio to which the grant is to be made". 19 Sec. 302(d)(3) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 852), substituted the words "RFE/RL, Incorporated," in lieu of "that radio".

20 The parenthetical phrase was added by sec. 305 of Public Law 95-426 (92 Stat. 976). 21 22 U.S.C. 2875. Sec. 305 (a) (1) and (2) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405), designated this section as sec. (a) and added the text of the second sentence relating to reporting of impact of broadcasts.

22 Subsec. (b) was added by sec. 305 (a) (3) of the Foreign Relations Authorization Act, Fiscal Year 1986 and 1987 (Public Law 99-93; 99 Stat. 405).

23 22 U.S.C. 2876.

poses of sections 170, 2055, and 2522 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 170, 2055, or 2522), the Board shall be deemed to be a corporation described in section 170(c)(2), 2055(a)(2), or 2522(a)(2) of the Code, as the case may be.

AUTHORIZATION OF APPROPRIATIONS

Sec. 8.24 (a) 25 (1) There are authorized to be appropriated to carry out the purposes of this Act

(A) $186,000,000 for fiscal year 1988 and $207,424,000 for fiscal year 1989; and

(B) such additional amounts for any fiscal year as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law.

(2) In order to maintain the level of operations authorized under paragraph (1) for RFE/RL, Incorporated, there are authorized to be appropriated such additional amounts as may be necessary for any fiscal year to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes,26 occurring after November 30 of the earlier of (A) the calendar year which ended during the fiscal year preceding such fiscal year, or (B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted.27

24 22 U.S.C. 2877. Sec. 301 of the Foreign Relations Authorization Act, Fiscal Year 1977, amended sec. 8 which formerly read as follows:

"FINANCING And ImplementATION

"Sec. 8. (a) There are authorized to be appropriated, to remain available until expended, $65,640,000 for fiscal year 1976. There are authorized to be appropriated for fiscal year 1976 such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law and for other nondiscretionary costs. "(b) To allow for the orderly implementation of this Act, the Secretary of State

authorized

to make grants to Radio Free Europe and to Radio Liberty under such terms and conditions as he deems appropriate for their continued operation until a majority of the voting members of the Board have been appointed and qualified, and until funds authorized to be appropriated under this Act are available to the Board."

25 Subsec. (a) was amended and restated by sec. 302 of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 402). Sec. 501(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1383 substituted the authorization figures for fiscal years 1988 and 1989 in lieu of authorization figures for FY 1986 and 1987. Sec. 501(b) of that act made $12,000,000 in each of fiscal years 1988 and 1989 available only for radio transmitter construction and modernization.

Title V of sec. 101(a) of the Continuing Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329) provided the following for the "Board for International Broadcasting":

"GRANTS AND EXPENSES

"For expenses of the Board for International Broadcasting, including grants to RFE/RL, Inc., $185,000,000, of which $20,000,000, to remain available until expended, shall become available for expenditure on October 1, 1988, and of which not to exceed $52,000 may be made available for official reception and representation expenses

"ISRAEL RADIO RELAY STATION

"There is hereby appropriated the sum of $34,000,000, to remain available until expended, to the Board for International Broadcasting for the purpose of making and overseeing grants to Radio Free Europe/Radio Liberty, Incorporated, and its subsidiaries and of making payments as necessary in order to begin implementation of the agreement signed on June 18, 1987, between the United States Government and the Government of Israel to establish and operate a radio relay station in Israel for use by Radio Free Europe/Radio Liberty and the Voice of America." See also sec. 307 of the BIB Authorization Act, Fiscal Years 1984 and 1985, which places restrictions on the use of funds authorized in sec. 8(aX1XA) of this Act.

Authorization figures in recent years included the following: FY 1979-$88,180,000; FY 1980$81,917,000; FY 1981-$86,787,000; FY 1982-$86,519,000; FY 1983-$111,600,000; FY 1984$106,055,000; 1985-$111,251,000; 1986-$125,000,000; 1987-$125,000,000.

26 The words "or overseas wage and price changes," were added by sec. 112(c) of Public Law 97-241 (96 Stat. 278).

27 The words to this point beginning with "earlier of (A) the calendar year

were insert

ed in lieu of the words "preceding fiscal year" by sec. 112(c) of Public Law 97-241 (96 Stat. 278).

Amounts appropriated under this paragraph shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines (and so certifies to the Congress) is necessary, because of such fluctuations or such changes, 28 in order to maintain the level of operation authorized under paragraph (1) for RFE/RL, Incorporated.

(3) Amounts appropriated under this subsection are authorized to be made available until expended.

(b) 29 Beginning with fiscal year 1983, any amount appropriated under subsection (a)(1) of this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for RFE/RI, Incorporated, shall be certified to the Congress by the Director of the Office of Management and Budget and placed in re serve in a separate account in the Treasury only for the purpose of offsetting future downward fluctuations in foreign currency_exchange rates in order to maintain the level of operations authorized for each fiscal year. Any such amount may be merged with and made available for the same time period and same purposes as amounts appropriated under subsection (a)(2) of this section.

(c) 30 of the authorization of appropriations contained in subsection (a)(1)(A), authorizations of $20,000,000 for the fiscal year 1986 and $18,323,000 for the fiscal year 1987, which shall be available for radio modernization, shall remain available until the appropriations are made and when those amounts are appropriated they are authorized to remain available until expended.

USE OF BROADCASTING FACILITIES BY COMMUNIST COUNTRIES

Sec. 9.31 No funds or other assistance may be provided by the Board under this Act to RFE/RL, Incorporated, if RFE/RL, Încorporated, permits any Communist country (within the meaning of section 620(f) of the Foreign Assistance Act of 1961) to use its broadcasting facilities unless that Communist country permits RFE/RL, Incorporated, to use that country's broadcasting facilities on a comparable basis.

Sec. 10.32 Under the authority of section 4(a)(3) of this Act, the Board shall prepare and transmit to the Congress, on or before October 1, 1979, a report setting forth alternative plans for the relocation to the territory of the United States of such activities of RFE/ RL, Incorporated, as would result in the transfer to the United

28 The words "or such changes" were added by sec. 112(c) of Public Law 97-241 (96 Stat. 278). 29 The words following "RFE/RI, Incorporated," and ending in "Any such amount" in subsec. (b) were added by sec. 502 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331).

Subsec. (b), as amended by sec. 306 of Public Law 95-426 (92 Stat. 977), was previously amended and restated by sec. 303 of the BIB Authorization Act, Fiscal Year 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1036). It formerly read as follows:

"(b) The Director of the Office of Management and Budget shall place in reserve and inform the Congress of any amount appropriated under this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for RFE/RL, Incorporated."

30 Subsec. (c) was added by Sec. 302 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405).

31 22 U.S.C. 2878, sec. 9 was added by sec. 307 of Public Law 95-426 (92 Stat. 977).

32 22 U.S.C. 2879 note, sec. 10 was added by sec. 303 of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 402).

States of not less than 10 percent, 25 percent, and 50 percent, respectively, of the total personnel of RFE/RL, Incorporated. For each such alternative plan, the report shall include

(1) proposals for the timing of such transfer and the recommended location in the United States of such personnel;

(2) estimates of the costs and amortization period for such plan;

(3) a consideration of the impact of such plan on the operating efficiency of RFE/RL, Incorporated, in achieving its program objectives; and

(4) any other significant anticipated consequences of such a relocation.

MERGER OF THE BOARD FOR INTERNATIONAL BROADCASTING AND THE RFE/RL BOARD

Sec. 11.33 (a) Effective 60 days after the date of enactment of this section, no grant may be made under this Act to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—

(1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Board for International Broadcasting and of no other members, except that the member of the Board for International Broadcasting who is an ex officio member of that Board because of his or her position as chief operating executive of RFE/RL, Incorporated, may participate in the activities of the Board of Directors but may not vote in the determinations of the Board of Directors; and

(2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such managerial officers and employees of RFE/RL, Incorporated, as it deems necessary to carry out the purposes of this Act.

(b) Compliance with the requirement of paragraph (1) of subsection (a) shall not be construed to make RFE/RL, Incorporated, a Federal agency or instrumentality.

BENEFITS FOR CERTAIN RETIREES AND SURVIVING SPOUSES OF

EMPLOYEES OF RADIO FREE EUROPE AND RADIO LIBERTY

Sec. 12.34 The Congress hereby authorizes the Board to make available in accordance with the Supplemental Appropriations Act, 1983, $4,900,000 of the amount appropriated for the Board by that Act for enhancement of (1) the pensions and cost-of-living adjustments of individuals who retired from RFE/RL, Incorporated, before January 1, 1976, and (2) the benefits to which surviving

33 22 U.S.C. 2880. Sec. 11 was added by sec. 403(a) of Public Law 97-241 (96 Stat. 296). 34 22 U.S.C. 2881. Sec. 12 was added by sec. 304 of the BIB Authorization Act, Fiscal Years 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1036).

The Supplemental Appropriations Act, 1983 (Public Law 98-63; 97 Stat. 307) provided the following:

"For an additional amount for the Board for International Broadcasting, ‘Grants and Expenses', $8,017,000 exclusively for grants to Radio Free Europe/Radio Liberty, of which $4,900,000 shall be for the purposes of (1) upgrading pensions and benefits for the Members of the Society of International Broadcasters, who are pre-1976 Radio Free Europe/Radio Liberty retirees, and (2) the RFE/RL Special Widows Project;"

spouses of employees of RFE/RL, Incorporated, are entitled by virtue of the creditable service of such employees rendered before January 1, 1976.

SALARY OF THE RFE/RL PRESIDENT

Sec. 13.35 Funds made available under this Act to RFE/RL, Incorporated, may not be used for the salary of the President of RFE/RL, Incorporated, at an annual rate in excess of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

RADIO BROADCASTING TO AFGHANISTAN IN THE DARI AND PASHTO

LANGUAGES

Sec. 14.36 Funds granted to RFE/RL, Incorporated, under this Act may be used for radio broadcasting to the Afghan people in the Dari and Pashto languages, such broadcasts to be designated "Radio Free Afghanistan".

35 22 U.S.C. 2882. Sec. 13 was added by sec. 305(a) of the BIB Authorization Act, Fiscal Years 1984 and 1985 (title III of Public Law 98-164; 97 Stat. 1037). Sec. 305(b) of that Act stated that this new sec. 13 would apply with respect to funds used for the salary of any President of RFE/ RL, Inc., who is appointed after the date of enactment of this Act (Nov. 22, 1983).

36 22 U.S.C. 2883. This section was added by sec. 303(b) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93, 99 Stat. 405). The Supplemental Appropriations Act, 1985 (Public Law 99-88; 99 Stat 293) appropriated $500,000, "to promote the development of an independent media service by the Afghan people and to provide for the training of Afghans in media and media-related fields, to remain available until September 30, 1986".