RADIO FREE ASIA ACT OF 1997 HOUSE OF REPRESENTATIVES 105th Congress 1st Session

59 006

105 th Congress

Report

HOUSE OF REPRESENTATIVES

1st Session

105 303

RADIO FREE ASIA ACT OF 1997

October 6, 1997.--Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. Gilman, from the Committee on International Relations, submitted

the following

R E P O R T

[To accompany H.R. 2232]

[Including cost estimate of the Congressional Budget Office]

The Committee on International Relations, to whom was referred the

bill (H.R. 2232) to provide for increased international broadcasting

activities to China, having considered the same, report favorably

thereon with an amendment and recommend that the bill as amended do

pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Radio Free Asia Act of 1997''.

SEC. 2. FINDINGS.

The Congress makes the following findings:

(1) The Government of the People's Republic of China systematically

controls the flow of information to the Chinese people.

(2) The Government of the People's Republic of China demonstrated

that maintaining its monopoly on political power is a higher priority

than economic development by announcing in January 1996 that its

official news agency Xinhua, will supervise wire services selling

economic information, including Dow Jones-Telerate, Bloomberg, and

Reuters Business, and in announcing in February of 1996 the ``Interim

Internet Management Rules'', which have the effect of censoring computer

networks.

(3) Under the May 30, 1997, order of Premier Li Peng, all

organizations that engage in business activities related to

international computer networking must now apply for a license,

increasing still further government control over access to the internet.

(4) Both Radio Free Asia and the Voice of America, as a surrogate

for a free press in the People's Republic of China, provide an

invaluable source of uncensored information to the Chinese people,

including objective and authoritative news of in-country and regional

events, as well as accurate news about the United States and its

policies.

(5) Radio Free Asia currently broadcasts only 5 hours a day in the

Mandarin dialect and 2 hours a day in Tibetan.

(6) Voice of America currently broadcasts only 10 hours a day in

Mandarin and 3\1/2\ hours a day in Tibetan.

(7) Radio Free Asia and Voice of America should develop

24-hour-a-day service in Mandarin, Cantonese, and Tibetan, as well as

further broadcasting capability in the dialects spoken in the People's

Republic of China.

(8) Radio Free Asia and Voice of America, in working toward

continuously broadcasting to the People's Republic of China in multiple

languages, have the capability to immediately establish 24-hour-a-day

Mandarin broadcasting to that nation by staggering the hours of Radio

Free Asia and Voice of America.

(9) Simultaneous broadcasting on Voice of America radio and Worldnet

television 7 days a week in Mandarin are also important and needed

capabilities.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING

FOR RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING TO CHINA.

(a) Authorization of Appropriations for Radio Free Asia.--

(1) Authorization of appropriations.--There are authorized to be

appropriated for ``Radio Free Asia'' $30,000,000 for fiscal year 1998

and $22,000,000 for fiscal year 1999.

(2) Limitations.--

(A) Of the funds under paragraph (1) authorized to be appropriated

for fiscal year 1998, $8,000,000 is authorized to be appropriated for

one-time capital costs.

(B) Of the funds under paragraph (1), $700,000 is authorized to be

appropriated for each such fiscal year for additional personnel to staff

Cantonese language broadcasting.

(b) Authorization of Appropriations for International Broadcasting to

China and North Korea.--In addition to such sums as are otherwise

authorized to be appropriated for ``International Broadcasting

Activities'' for fiscal years 1998 and 1999, there are authorized to be

appropriated for ``International Broadcasting Activities'' $10,000,000

for fiscal year 1998 and $7,000,000 for fiscal year 1999, which shall be

available only for enhanced Voice of America broadcasting to China and

North Korea.

(1) Authorization of appropriations.--In addition to such sums as

are otherwise authorized to be appropriated for ``Radio Construction''

for fiscal years 1998 and 1999, there are authorized to be appropriated

for ``Radio Construction'' $10,000,000 for fiscal year 1998 and

$3,000,000 for fiscal year 1999, which shall be available only for

construction in support of enhanced broadcasting to China.

(2) Limitation.--Of the funds under paragraph (1) authorized to be

appropriated for fiscal year 1998, $3,000,000 is authorized to be

appropriated to facilitate the timely augmentation of transmitters at

Tinian, the Commonwealth of the Northern Mariana Islands.

(d) Allocation.--Of the amounts authorized to be appropriated for

``International Broadcasting Activities'', the Director of the United

States Information Agency and the Board of Broadcasting Governors shall

seek to ensure that the amounts made available for broadcasting to

nations whose people do not fully enjoy freedom of expression do not

decline in proportion to the amounts made available for broadcasting to

other nations.

(e) Allocation of Funds for North Korea.--Of the funds under

subsection (b), $2,000,000 is authorized to be appropriated for each

fiscal year for additional personnel and broadcasting targeted at North

Korea.

SEC. 4. REPORTING REQUIREMENT.

Not later than 90 days after the date of enactment of this Act, in

consultation with the Board of Broadcasting Governors, the President

shall prepare and transmit to Congress a report on a plan to achieve

continuous broadcasting of Radio Free Asia and Voice of America to the

People's Republic of China in multiple major dialects and languages.

SEC. 5. UTILIZATION OF UNITED STATES INTERNATIONAL

BROADCASTING SERVICES FOR PUBLIC SERVICE ANNOUNCEMENTS REGARDING

FUGITIVES FROM UNITED STATES JUSTICE.

United States international broadcasting services, particularly the

Voice of America, shall produce and broadcast public service

announcements, by radio, television, and Internet, regarding fugitives

from the criminal justice system of the United States, including cases

of international child abduction.

Background and Purpose

H.R. 2232, the ``Radio Free Asia Act of 1997,'' is intended to

provide continuous, 24-hour-a-day broadcasting capability into China and

Tibet. The increased broadcast programs will be in Mandarin, Cantonese,

Tibetan, and other dialects spoken in the People's Republic of China.

Section 2 of the bill is a series of findings describing the media

and information environment in the People's Republic of China, and the

current limited broadcast hours of Radio Free Asia and the Voice of

America, which serve as the surrogate free press in the People's

Republic of China.

Section 3 provides for the authorization of appropriations for fiscal

years 1998 and 1999 to support the activities required to increase the

hours of broadcasting. Of the funds authorized to be appropriated for

International Broadcasting, $2 million is authorized to be appropriated

for broadcasting to North Korea.

Section 4 is a reporting requirement requiring the President to

prepare a plan to achieve the continuous broadcasting through Radio Free

Asia and the Voice of America to the People's Republic of China.

Committee Action

On March 13, 1997, the Subcommittee on International Operations and

Human Rights held a hearing on the U.S. Information Agency, which among

other duties, is responsible for U.S. international broadcasting.

Witnesses at this hearing included: The Honorable Joseph D. Duffey,

Director of the U.S. Information Agency, and David W. Burke, Chairman of

the International Broadcasting Board of Governors.

On July 9, 1996, the Subcommittee on International Operations and

Human Rights held a hearing on international broadcasting. Witnesses for

this hearing were: The Honorable Joseph D. Duffey, Director of the U.S.

Information Agency and David W. Burke, Chairman of the international

Broadcasting Board of Governors.

The Subcommittee on International Operations and Human Rights

reported to the full committee, H.R. 2232, with an amendment in the

nature of a substitute, on September 25, 1997.

The Full Committee marked up the bill on September 29, 1997,

considering the subcommittee amendment in the nature of a substitute as

original text for the purposes of amendment and taking the following

preliminary actions, all by voice vote:

Adopting the Kim amendment, adding reference to North Korea to

section 3(b) of the bill.

Adoping the Smith amendment revising subsection (7) of section 1,

striking language relating to additional advanced editing equipment, and

reducing the amount for additional personnel to staff Cantonese language

broadcasting.

Adopting the Bereuter amendment making a technical change in a

reference.

Adopting the Royce amendment relating to utilization of U.S.

International Broadcasting Services for public service announcements

relative to fugitives from U.S. justice.

After concluding its consideration of the amendment in the nature of

a substitute, the Committee adopted the amendment and ordered the bill

reported to the House by voice vote, a quorum being present.

Committee Oversight Findings

In compliance with clause 2(l)(3)(A) of rule XI of the Rules of the

House of Representatives, the Committee reports the findings and

recommendations of the Committee, based on oversight activities under

clause 2(b)(1) of rule X of the Rules of the House of Representatives,

are incorporated in the descriptive portions of this report.

Committee on Government Reform and Oversight Findings

No findings or recommendations of the Committee on Government Reform

and Oversight were received as referred to in clause 2(l)(3)(D) of rule

XI of the Rules of the House of Representatives.

New Budget Authority and Tax Expenditures

The Committee adopts the cost estimate of the Congressional Budget

Office, set out below, as its submission of any required information on

new budget authority, new spending authority, new credit authority, or

an increase or decrease in the national debt required by clause

2(l)(3)(B) of rule XI of the Rules of the House of Representatives.

Federal Mandates Statement

The Committee adopts as its own the estimate of Federal mandates

prepared by the Director of the Congressional Budget Office pursuant to

Section 423 of the Unfunded Mandates Reform Act.

Advisory Committee Statement

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by this legislation.

Applicablity to the Legislative Branch

The Committee finds that the legislation does not relate to the terms

and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the

Congressional Accountability Act.

Constitutional Authority Statement

In compliance with clause 2(l)(4) of rule XI of the Rules of the

House of Representatives, the Committee cites the following specific

powers granted to the Congress in the Constitution as authority for

enactment of H.R. 2232, as reported by the Committee: Article I, section

8, clause 3 (relating to the regulation of commerce with foreign nations

and among the several states); and Article I, section 8, clause 18

(relating to making all laws necessary and proper for carrying into

execution powers vested by the Constitution in the government of the

United States).

Congressional Budget Office Cost Estimate

In compliance with clause 2(l)(3)(C) of rule XI of the Rules of the

House of Representatives, the Committee sets forth with respect to H.R.

2232 as reported by the Committee the following estimate and comparison

prepared by the Director of the Congressional Budget Office under

section 403 of the Budget Act of 1974:

U.S. Congress,

Congressional Budget Office,

Washington, DC, October 3, 1997.

Hon. Benjamin A. Gilman, Chairman, Committee on International Relations, House of Representatives, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared the

enclosed cost estimate for H.R. 2232, the Radio Free Asia Act of 1997.

If your wish further details on this estimate, we will be pleased to

provide them. The CBO staff contact is Sunita D'Monte.

Sincerely,

June E. O'Neill, Director.

Enclosure.

H.R. 2232--Radio Free Asia Act of 1997

H.R. 2232 would authorize appropriations of $50 million in 1998 and

$32 million in 1999 for broadcasting to China and North Korea and

construction of broadcasting facilities. Assuming that authorized

amounts would be appropriated by the start of each fiscal year and that

outlays would follow historical spending patterns, CBO estimates that

enacting the bill would raise spending by $32 million in 1998 and $81

million over the 1998 2002 period. The authorizations in this bill would

be in addition to amounts provided in other legislation. H.R. 1757, as

passed by the House of Representatives on June 11, 1997, would authorize

$415 million in 1998 and $405 million in 1999 for broadcasting and

construction of facilities. Together, H.R. 2232 and H.R. 1757 would

raise annual funding for comparable activities by $105 million in 1998

and $77 million in 1999 over the amount provided in 1997. Because H.R.

2232 would not affect direct spending or receipts, pay-as-you-go

procedures would not apply.

The bill contains no intergovernmental mandates as defined in the

Unfunded Mandates Reform Act of 1995 (UMRA) and would not affect the

budgets of state, local, or tribal governments. Section 5 of H.R. 2232,

however, would impose a new private-sector mandate on two privately

owned United States international broadcasting services, Radio Free

Europe/Radio Liberty and Radio Free Asia. The bill would require these

organizations to produce and broadcast, by radio, television, and

Internet, public service announcements regarding fugitives from the

criminal justice system of the United States. Based on information

provided by representatives of these organizations, CBO estimates that

the direct cost of the new private-sector mandate would be well below

the statutory threshold ($100 million in 1996, adjusted annually for

inflation) established in UMRA in any year.

The estimate of costs to the federal government was prepared by

Sunita D'Monte. Lesley Frymier prepared the estimate of the

private-sector mandate, and Pepper Santalucia assessed the impact on

state, local, and tribal governments. This estimate was approved by Paul

N. Van de Water, Assistant Director for Budget Analysis.

Section-by-Section Analysis

Section 1. Short title

Provides that the Act may be cited as the ``Radio Free Asia Act of

1997.''

Section 2. Findings

Sets forth relevant findings of Congress, including that the

government of the People's Republic of China systematically controls the

flow of information to the Chinese people; that Radio Free Asia and the

Voice of America provide an invaluable source of information to the

Chinese people, but have limited service to China; that Radio Free Asia

and the Voice of America should develop 24-hour-a-day service in

Mandarin, Cantonese, and Tibetan; and that together Radio Free Asia and

the Voice of America could immediately establish 24-hour-a-day

broadcasting to China in Mandarin.

Section 3. Authorization of appropriations for increased

funding for Radio Free Asia and Voice of America broadcasting to China

Authorizes the appropriation of $30,000,000 for fiscal year 1998 and

$22,000,000 for fiscal year 1999 for Radio Free Asia. Of the amounts

authorized for fiscal year 1998 for Radio Free Asia, $8,000,000 is

authorized for one-time capital costs. Of the amounts authorized for

fiscal years 1998 and 1999 for Radio Free Asia, $700,000 is authorized

for each such fiscal year for additional personnel to staff Cantonese

language broadcasting.

In addition, authorizes the appropriation of $10,000,000 for fiscal

year 1998 and $7,000,000 for fiscal year 1999 for International

Broadcasting Activities, which shall be in addition to such sums as are

otherwise authorized and which shall be available only for enhanced

Voice of America broadcasting to China and North Korea. Of the amounts

authorized for fiscal years 1998 and 1999 for International Broadcasting

Activities, $2,000,000 is authorized for each such fiscal year for

additional personnel and broadcasting targeted at North Korea.

In addition, authorizes $10,000,000 for fiscal year 1998 and

$3,000,000 for fiscal year 1999 for Radio Construction, which shall be

in addition to such sums as are otherwise authorized and which shall be

available only for construction in support of enhanced broadcasting to

China. Of the amount authorized for Radio Construction for fiscal year

1998, $3,000,000 is authorized to facilitate the timely augmentation of

transmitters at Tinian.

The Director of the U.S. Information Agency and the Broadcasting

Board of Governors shall seek to ensure that of the funds made available

for International Broadcasting Activities, the proportion of funds made

available for broadcasting to nations whose people do not enjoy full

freedom of expression does not decline.

Section 4. Reporting requirements

Not later than 90 days after the date of enactment, the President

shall transmit to Congress a plan to achieve continuous broadcasting on

Radio Free Asia and the Voice of America to China in multiple major

dialects and languages.

Section 5. Utilization of United States International

Broadcasting Services for public service announcements regarding

fugitives from United States justice

United States international broadcasting services shall produce and

broadcast public service announcements regarding fugitives form the U.S.

criminal justice system, including cases of international child

abduction.