Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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section: "6201"
citation: "22 U.S.C. § 6201"
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# 22 U.S.C. § 6201 - Congressional findings and declaration of purposes
## Text
The Congress makes the following findings and declarations:
(1) It is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom “to seek, receive, and impart information and ideas through any media and regardless of frontiers,” in accordance with Article 19 of the Universal Declaration of Human Rights.
(2) Open communication of information and ideas among the peoples of the world contributes to international peace and stability and the promotion of such communication is in the interests of the United States.
(3) It is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this chapter.
(4) The continuation of existing United States international broadcasting, and the creation of a new broadcasting service to the people of the Peoples Republic of China and other countries of Asia which lack adequate sources of free information, would enhance the promotion of information and ideas, while advancing the goals of United States foreign policy.
(5) The reorganization and consolidation of United States international broadcasting will achieve important economies and strengthen the capability of the United States to use broadcasting to support freedom and democracy in a rapidly changing international environment.
(Pub. L. 103236, title III, § 302, Apr. 30, 1994, 108 Stat. 432.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in par. (3), was in the original “this title”, meaning title III of Pub. L. 103236, 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 below and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2009 AmendmentPub. L. 11184, div. A, title XII, § 1261, Oct. 28, 2009, 123 Stat. 2553, as amended by Pub. L. 111383, div. A, title X, § 1075(d)(19), Jan. 7, 2011, 124 Stat. 4374, provided that: “This subtitle [subtitle D (§§ 12611266) of title XII of div. A of Pub. L. 11184, enacting provisions set out as notes under section 6204 of this title] may be cited as the Victims of Iranian Censorship Act or the VOICE Act.”
Short Title of 2002 AmendmentPub. L. 107148, § 1, Mar. 11, 2002, 116 Stat. 64, provided that: “This Act [enacting section 6215 of this title] may be cited as the Radio Free Afghanistan Act.”
Short TitlePub. L. 103236, title III, § 301, Apr. 30, 1994, 108 Stat. 432, provided that: “This title [enacting this chapter, amending sections 1465b, 1465c, and 2873 of this title and section 5315 of Title 5, Government Organization and Employees, and repealing sections 1463, 2871 to 2877, and 2878 to 2883 of this title and provisions set out as a note under section 2871 of this title] may be cited as the United States International Broadcasting Act of 1994.”
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 6202 - Standards and principles
## Text
(a) Broadcasting standards United States international broadcasting shall—
(1) be consistent with the broad foreign policy objectives of the United States;
(2) be consistent with the international telecommunications policies and treaty obligations of the United States;
(3) not duplicate the activities of private United States broadcasters;
(4) not duplicate the activities of government supported broadcasting entities of other democratic nations;
(5) be conducted in accordance with the highest professional standards of broadcast journalism;
(6) be based on reliable information about its potential audience;
(7) be designed so as to effectively reach a significant audience; and
(8) promote respect for human rights, including freedom of religion.
(b) Broadcasting principles United States international broadcasting shall include—
(1) news which is consistently reliable and authoritative, accurate, objective, and comprehensive;
(2) a balanced and comprehensive projection of United States thought and institutions, reflecting the diversity of United States culture and society;
(3) clear and effective presentation of the policies of the United States Government and responsible discussion and opinion on those policies, including editorials, broadcast by the Voice of America, which present the views of the United States Government;
(4) the capability to provide a surge capacity to support United States foreign policy objectives during crises abroad;
(5) programming to meet needs which remain unserved by the totality of media voices available to the people of certain nations;
(6) information about developments in each significant region of the world;
(7) a variety of opinions and voices from within particular nations and regions prevented by censorship or repression from speaking to their fellow countrymen;
(8) reliable research capacity to meet the criteria under this section;
(9) adequate transmitter and relay capacity to support the activities described in this section; and
(10) training and technical support for independent indigenous media through government agencies or private United States entities.
(c) Voice of America broadcasts The long-range interests of the United States are served by communicating directly with the peoples of the world by radio. To be effective, the Voice of America must win the attention and respect of listeners. These principles will therefore govern Voice of America (VOA) broadcasts:
(1) VOA will serve as a consistently reliable and authoritative source of news. VOA news will be accurate, objective, and comprehensive.
(2) VOA will represent America, not any single segment of American society, and will therefore present a balanced and comprehensive projection of significant American thought and institutions.
(3) VOA will present the policies of the United States clearly and effectively, and will also present responsible discussions and opinion on these policies.
(Pub. L. 103236, title III, § 303, Apr. 30, 1994, 108 Stat. 433; Pub. L. 103415, § 1(p), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 105277, div. G, subdiv. A, title XIII, § 1323(d), Oct. 21, 1998, 112 Stat. 2681778; Pub. L. 105292, title V, § 502, Oct. 27, 1998, 112 Stat. 2811; Pub. L. 116283, div. A, title XII, § 1299Q(b), Jan. 1, 2021, 134 Stat. 4021.)
## Notes
Editorial Notes
Codification Pub. L. 116283, div. A, title XII, § 1299Q(b), Jan. 1, 2021, 134 Stat. 4021, which directed amendment of this section and was not executed, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Subsec. (a). Pub. L. 116283, § 1299Q(b)(1), which directed insertion of “, including editorial independence” in subsec. (a) “before the semicolon at the end”, was not executed because subsec. (a) contains 6 pars. that have a semicolon at the end and the probable intent of Congress could not be determined. Subsec. (b). Pub. L. 116283, § 1299Q(b)(2), which directed amendment of subsec. (b) by inserting “, including editorial independence,” after “programing”, was not executed because the word “programing” did not appear and the word “programming” at the beginning of par. (5) could not be clearly identified as the intended target. 1998—Subsec. (a)(8). Pub. L. 105292 added par. (8). Subsec. (b)(3). Pub. L. 105277, § 1323(d)(1), which directed amendment of par. (3) by inserting “, including editorials, broadcast by the Voice of America, which present the views of the United States Government” after “policies”, was executed by making insertion after “policies” the second time it appears to reflect the probable intent of Congress. Subsec. (b)(4) to (10). Pub. L. 105277, § 1323(d)(2), (3), added par. (4) and redesignated former pars. (4) to (9) as (5) to (10), respectively. 1994—Subsec. (c). Pub. L. 103415 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105277, set out as an Effective Date note under section 6531 of this title.
Broadcasting Information on StatesPub. L. 105277, div. G, subdiv. B, title XXIV, § 2420, Oct. 21, 1998, 112 Stat. 2681835, provided that: “(a) In General.—The Voice of America shall devote programming each day to broadcasting information on the individual States of the United States. The broadcasts shall include—“(1) information on the products, tourism, and cultural and educational facilities of each State; “(2) information on the potential for trade with each State; and “(3) discussions with State officials with respect to the matters described in paragraphs (1) and (2). “(b) Report.—Not later than one year after the date of enactment of this Act [Oct. 21, 1998], the Broadcasting Board of Governors of the United States Information Agency shall submit a report to Congress detailing the actions that have been taken to carry out subsection (a). “(c) State Defined.—In this section, the term State means any of the several States of the United States, the District of Columbia, or any commonwealth or territory of the United States.”
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# 22 U.S.C. § 6203 - Establishment of the Chief Executive Officer of the United States Agency for Global Media
## Text
(a) Continued existence within Executive branch The United States Agency for Global Media shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5.
(b) Chief Executive Officer (1) In general The head of the United States Agency for Global Media shall be a Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. Notwithstanding any other provision of law, until such time as a Chief Executive Officer is appointed and has qualified, the current or acting Chief Executive Officer appointed by the Board may continue to serve and exercise the authorities and powers under this chapter.
(2) Term The first Chief Executive Officer appointed pursuant to paragraph (1) shall serve for an initial term of three years.
(3) Compensation A Chief Executive Officer appointed pursuant to paragraph (1) shall be compensated at the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5.
(c) Termination of Director of International Broadcasting Bureau Effective on December 23, 2016, the position of the Director of the International Broadcasting Bureau shall be terminated, and all of the responsibilities, offices, authorities, and immunities of the Director or the Agency under this chapter or any other Act or authority before such date shall be transferred or available to, assumed by, or overseen by the Chief Executive Officer, as head of the Agency.
(d) Immunity from civil liability Notwithstanding any other provision of law, all limitations on liability that apply to the Chief Executive Officer shall also apply to members of the boards of directors of RFE/RL, Inc., Radio Free Asia, the Open Technology Fund, the Middle East Broadcasting Networks, or any organization that consolidates such entities when such members are acting in their official capacities.
(Pub. L. 103236, title III, § 304, Apr. 30, 1994, 108 Stat. 434; Pub. L. 105277, div. G, subdiv. A, title XIII, §§ 1322, 1323(b), (c), Oct. 21, 1998, 112 Stat. 2681777, 2681778; Pub. L. 106113, div. B, § 1000(a)(7) [div. A, title V, §§ 502, 504], Nov. 29, 1999, 113 Stat. 1536, 1501A451; Pub. L. 114328, div. A, title XII, § 1288(1), Dec. 23, 2016, 130 Stat. 2548; Pub. L. 116283, div. A, title XII, §§ 1299P(c)(1), 1299Q(e)(1), Jan. 1, 2021, 134 Stat. 4020, 4024.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b)(1) and (c), was in the original a reference to this Act, and was translated as referring to this title, meaning title III of Pub. L. 103236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables. December 23, 2016, and such date, referred to in subsec. (c), were in the original “the date of the enactment of this section” and “such date of enactment”, respectively, and were translated as meaning the date of enactment of Pub. L. 114328, which amended this section generally, to reflect the probable intent of Congress.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(1), Jan. 1, 2021, 134 Stat. 4024, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Pub. L. 116283, § 1299Q(e)(1)(A), substituted “United States Agency for Global Media” for “Broadcasting Board of Governors” in section catchline. Subsec. (a). Pub. L. 116283, § 1299Q(e)(1)(B), substituted “United States Agency for Global Media” for “Broadcasting Board of Governors”. Subsec. (b)(1). Pub. L. 116283, § 1299Q(e)(1)(C), substituted “United States Agency for Global Media” for “Broadcasting Board of Governors”. Subsec. (c). Pub. L. 116283, § 1299Q(e)(1)(D), substituted “Agency” for “Board” in two places. Subsec. (d). Pub. L. 116283, § 1299P(c)(1), inserted “the Open Technology Fund,” before “the Middle East Broadcasting Networks”. 2016—Pub. L. 114328 amended section generally. Prior to amendment, section related to the continued existence within the Executive branch, retention of existing Board members, Inspector General authorities, composition, term, selection, compensation, decisions, and immunity from civil liability of the Broadcasting Board of Governors. 1999—Subsec. (b)(2). Pub. L. 106113, § 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. 106113, § 1000(a)(7) [div. A, title V, § 502(1)], substituted “appoint” for “designate”. Subsec. (g). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 504], added subsec. (g). 1998—Subsec. (a). Pub. L. 105277, § 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. 105277, § 1323(b), substituted “Secretary of State” for “Director of the United States Information Agency” wherever appearing. Subsec. (c). Pub. L. 105277, § 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. 105277, § 1323(b), substituted “Secretary of State” for “Director of the United States Information Agency”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116283, div. A, title XII, § 1299P(e), Jan. 1, 2021, 134 Stat. 4020, provided that: “Section 309A of the United States International Broadcasting Act of 1994 [22 U.S.C. 6208a] (as added by subsection (b) of this section) and subsections (c) [amending this section and sections 6204 and 6209 of this title] and (d) [not classified to the Code] of this section shall take effect and apply beginning on July 1, 2021.”
Effective Date of 1998 AmendmentAmendment by Pub. L. 105277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105277, set out as an Effective Date note under section 6531 of this title.
References to Broadcasting Board of GovernorsPub. L. 11694, div. G, title I, Dec. 20, 2019, 133 Stat. 2822, provided in part: “That any reference to the Broadcasting Board of Governors or BBG, including in any account providing amounts to the Broadcasting Board of Governors, in any Act making appropriations for the Department of State, foreign operations, and related programs enacted before, on, or after the date of the enactment of this Act [Dec. 20, 2019] shall for this fiscal year, and any fiscal year thereafter, be construed to mean the United States Agency for Global Media or USAGM, respectively.”
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# 22 U.S.C. § 6205 - Establishment of the International Broadcasting Advisory Board
## Text
(a) In general The International Broadcasting Advisory Board (referred to in this section as the “Advisory Board”) shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5.
(b) Composition of the Advisory Board (1) In general The Advisory Board shall consist of seven members, of whom—
(A) six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and
(B) one shall be the Secretary of State.
(2) Chair The President shall designate, with the advice and consent of the Senate, one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.
(3) Party limitation Not more than three members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party.
(4) Terms of office (A) In general Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)—
(i) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;
(ii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and
(iii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.
(B) Secretary of State The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State.
(5) Vacancies (A) In general The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term.
(B) Term Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.
(C) Service beyond term Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate.
(D) Secretary of State When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed.
(c) Selection of the Advisory Board In identifying individuals for appointment to the Advisory Board under subsection (a), the President shall appoint United States citizens—
(1) who, with the exception of the Secretary of State, are not regular, full-time employees of the United States Government; and
(2) who are distinguished in the fields of public diplomacy, mass communications, print, broadcast or digital media, or foreign affairs, of whom—
(A) one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Affairs of the House of Representatives;
(B) one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives;
(C) one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Relations of the Senate; and
(D) one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Relations of the Senate.
(d) Functions of the Advisory Board The members of the Advisory Board shall—
(1) provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming;
(2) meet with the Chief Executive Officer at least four times annually, including twice in person as practicable, and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board;
(3) report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming;
(4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;
(5) consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;
(6) advise the Chief Executive Officer to ensure that—
(A) the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and
(B) agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and
(7) provide other strategic input to the Chief Executive Officer.
(e) Appointment of heads of networks (1) In general The heads of Voice of America, the Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or of any other grantee authorized under this chapter may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board.
(2) Removal After consulting with the Chief Executive Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1).
(3) Quorum (A) In general A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).
(B) Decisions Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.
(C) Closed sessions The Advisory Board may meet in closed sessions in accordance with section 552b of title 5.
(f) Suspension and debarment of grantees (1) In general Subject to paragraphs (2) and (3), a grantee may not be debarred or suspended without consultation with the Chief Executive Officer and a three-fourths majority vote of the Advisory Board in support of such action.
(2) Suspension (A) Criteria for suspension A grantee may not be suspended unless the Advisory Board determines that the criteria described in section 513.405 of title 22, Code of Federal Regulations, have been met.
(B) Suspending official The Advisory Board shall collectively serve as the suspending official (as described in section 513.105 of title 22, Code of Federal Regulations).
(3) Debarment (A) Criteria for debarment A grantee may not be debarred unless the Advisory Board determines that one or more of the causes described in section 513.305 of title 22, Code of Federal Regulations, has been established.
(B) Debarring official The Advisory Board shall collectively serve as the debarring official (as described in section 513.105 of title 22, Code of Federal Regulations).
(g) Compensation (1) In general Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under 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.
(2) Travel expenses 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 under section 5703 of such title for persons in the Government service employed intermittently.
(3) Secretary of State The Secretary of State is not entitled to any compensation under this chapter, but may be allowed travel expenses in accordance with paragraph (2).
(h) Support staff The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (d) and (e).
(Pub. L. 103236, title III, § 306, Apr. 30, 1994, 108 Stat. 436; Pub. L. 105277, div. G, subdiv. A, title XIII, § 1323(j), Oct. 21, 1998, 112 Stat. 2681780; Pub. L. 114328, div. A, title XII, § 1288(3), Dec. 23, 2016, 130 Stat. 2551; Pub. L. 116283, div. A, title XII, § 1299Q(d), Jan. 1, 2021, 134 Stat. 4022; Pub. L. 118159, div. G, title LXXIV, § 7401, Dec. 23, 2024, 138 Stat. 2543.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the U.S. Agency for Global Media Reform Act, referred to in subsec. (b)(4)(A), probably means the date of enactment of section 1299Q of Pub. L. 116283, which was approved Jan. 1, 2021. A bill with that Short Title, S. 3654, was introduced in the 115th Congress, 2nd Session, but was not enacted. Provisions similar to those in subsec. (b) of this section, as added by section 1299Q of Pub. L. 116283, were contained in section 3 of the bill. This chapter, referred to in subsecs. (e)(1) and (f)(3), was in the original “this title”, meaning title III of Pub. L. 103236, 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.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(d), Jan. 1, 2021, 134 Stat. 4022, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2024—Subsecs. (f) to (h). Pub. L. 118159 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. 2021—Subsec. (a). Pub. L. 116283, § 1299Q(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Except as provided in subsection (b)(2), the International Broadcasting Advisory Board (referred to in this section as the Advisory Board) shall consist of five members, including the Secretary of State, appointed by the President and in accordance with subsection (d), to advise the Chief Executive Officer of the Broadcasting Board of Governors, as appropriate.” Subsec. (b). Pub. L. 116283, § 1299Q(d)(1), added subsec. (b) and struck out former subsec. (b) which related to retention of existing BBG Board Members. Subsec. (c). Pub. L. 116283, § 1299Q(d)(1)(3), redesignated subsec. (d) as (c), inserted “Advisory” before “Board” in subsec. heading and “who are” before “distinguished” in par. (2), and struck out former subsec. (c) which related to terms of office. Subsec. (d). Pub. L. 116283, § 1299Q(d)(4), added subsec. (d). Former subsec. (d) redesignated (c). Subsecs. (e) to (g). Pub. L. 116283, § 1299Q(d)(4), added subsecs. (e) to (g). 2016—Pub. L. 114328 amended section generally. Prior to amendment, section related to the role of the Secretary of State in international broadcasting. 1998—Pub. L. 105277, § 1323(j)(1), substituted “Role of Secretary of State” for “Foreign policy guidance” in section catchline. Subsec. (a). Pub. L. 105277, § 1323(j)(2)(4), designated existing provisions as subsec. (a), inserted heading, substituted “State” for “State, acting through the Director of the United States Information Agency,”, and inserted before period at end “, as the Secretary may deem appropriate”. Subsec. (b). Pub. L. 105277, § 1323(j)(5), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105277, set out as an Effective Date note under section 6531 of this title.
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# 22 U.S.C. § 6206 - Grantee corporate boards of directors
## Text
(a) In general The corporate board of directors of each grantee under this chapter—
(1) shall be bipartisan;
(2) shall, except as otherwise provided in this Act, have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation;
(3) shall be composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and
(4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws.
(b) Not Federal employees No employee of any grantee under this chapter may be a Federal employee.
(Pub. L. 103236, title III, § 307, as added Pub. L. 117263, div. I, title XCVII, § 9704, Dec. 23, 2022, 136 Stat. 3914.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 103236, 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. This Act, referred to in subsec. (a)(2), is Pub. L. 103236, Apr. 30, 1994, 108 Stat. 382, known as the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 2651 of this title and Tables.
Prior ProvisionsA prior section 6206, Pub. L. 103236, title III, § 307, Apr. 30, 1994, 108 Stat. 436; Pub. L. 105277, div. G, subdiv. A, title XIII, § 1323(k), Oct. 21, 1998, 112 Stat. 2681780, related to the International Broadcasting Bureau, prior to repeal by Pub. L. 114328, div. A, title XII, § 1288(4), Dec. 23, 2016, 130 Stat. 2552.
Statutory Notes and Related Subsidiaries
Personal Services Contracting Pilot ProgramPub. L. 107228, div. A, title V, § 504, Sept. 30, 2002, 116 Stat. 1393, as amended by Pub. L. 109140, § 6, Dec. 22, 2005, 119 Stat. 2652; Pub. L. 109472, § 9, Jan. 11, 2007, 120 Stat. 3556; Pub. L. 110161, div. J, title VI, § 634(r), Dec. 26, 2007, 121 Stat. 2330; Pub. L. 110321, § 5, Sept. 19, 2008, 122 Stat. 3536, authorized the Director of the International Broadcasting Bureau to establish a pilot program for the purpose of hiring United States citizens or aliens as personal services contractors for service in the United States as broadcasters and other broadcasting specialists in the International Broadcasting Bureau, and provided that such authority would terminate on Dec. 31, 2009. Subsequent laws incrementally extended the authority until Sept. 30, 2016.
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# 22 U.S.C. § 6208 - Radio Free Asia
## Text
(a) Authority (1) Grants authorized under section 6204 of this title shall be available to make annual grants for the purpose of carrying out radio broadcasting to Asia.
(2) Such broadcasting service shall be referred to as “Radio Free Asia”.
(b) Functions Radio Free Asia shall—
(1) provide accurate and timely information, news, and commentary about events in Asia and elsewhere; and
(2) be a forum for a variety of opinions and voices from within Asian nations whose people do not fully enjoy freedom of expression.
(c) Grant agreement Any grant agreement or grants under this section shall be subject to the following limitations and restrictions:
(1) The Agency may not make any grant to Radio Free Asia unless the headquarters of Radio Free Asia and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability to the Agency.
(2) Any grant agreement under this section shall require that any contract entered into by Radio Free Asia shall specify that all obligations are assumed by Radio Free Asia and not by the United States Government.
(3) Any grant agreement shall require that any lease agreements entered into by Radio Free Asia shall be, to the maximum extent possible, assignable to the United States Government.
(4) Grants made for the operating costs of Radio Free Asia may not exceed $30,000,000 in each of the fiscal years 2000 and 2001.
(5) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section, and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.
(d) Limitations on administrative and managerial costs It is the sense of the Congress that administrative and managerial costs for operation of Radio Free Asia should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if Radio Free Asia had been operated as a Federal entity rather than as a grantee.
(e) Assessment of effectiveness of Radio Free Asia Not later than 3 years after the date on which initial funding is provided for the purpose of operating Radio Free Asia, the Agency shall submit to the appropriate congressional committees a report on—
(1) whether Radio Free Asia is technically sound and cost-effective,
(2) whether Radio Free Asia consistently meets the standards for quality and objectivity established by this chapter,
(3) whether Radio Free Asia is received by a sufficient audience to warrant its continuation,
(4) the extent to which such broadcasting is already being received by the target audience from other credible sources; and
(5) the extent to which the interests of the United States are being served by maintaining broadcasting of Radio Free Asia.
(f) Notification and consultation regarding displacement of Voice of America broadcasting (1) Notification The Agency shall notify the appropriate congressional committees before—
(A) entering into any agreements for the utilization of Voice of America transmitters, equipment, or other resources that will significantly reduce the broadcasting activities of the Voice of America in Asia or any other region in order to accommodate the broadcasting activities of Radio Free Asia; or
(B) entering into any agreements in regard to the utilization of Radio Free Asia transmitters, equipment, or other resources that will significantly reduce the broadcasting activities of Radio Free Asia.
(2) Consultation The Chief Executive Officer of the Agency shall consult with such committees on the impact of any such reduction in Voice of America broadcasting activities or Radio Free Asia broadcasting activities.
(g) Alternative grantee If the Chief Executive Officer determines at any time that Radio Free Asia is not carrying out the functions described in this section in an effective and economical manner, the Agency may award the grant to carry out such functions to another entity.
(h) Not a Federal agency or instrumentality Nothing in this chapter may be construed to make Radio Free Asia a Federal agency or instrumentality.
(Pub. L. 103236, title III, § 309, Apr. 30, 1994, 108 Stat. 439; Pub. L. 103415, § 1(s)(2), Oct. 25, 1994, 108 Stat. 4302; Pub. L. 106113, div. B, § 1000(a)(7) [div. A, title V, § 501], Nov. 29, 1999, 113 Stat. 1536, 1501A450; Pub. L. 110321, § 4, Sept. 19, 2008, 122 Stat. 3535; Pub. L. 11171, § 1, Oct. 9, 2009, 123 Stat. 2058; Pub. L. 111202, § 3, July 13, 2010, 124 Stat. 1374; Pub. L. 114323, title VII, § 703(a), Dec. 16, 2016, 130 Stat. 1941; Pub. L. 114328, div. A, title XII, § 1288(6), Dec. 23, 2016, 130 Stat. 2553; Pub. L. 116283, div. A, title XII, § 1299Q(e)(4), Jan. 1, 2021, 134 Stat. 4025.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (e)(2) and (h), was in the original “this title”, meaning title III of Pub. L. 103236, 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.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(4), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Subsec. (c)(1). Pub. L. 116283, § 1299Q(e)(4)(A), substituted “Agency” for “Board” in two places. Subsec. (e). Pub. L. 116283, § 1299Q(e)(4)(B), substituted “Agency” for “Board” in introductory provisions. Subsec. (f). Pub. L. 116283, § 1299Q(e)(4)(C), substituted “Agency” for “Board” in introductory provisions of par. (1) and in par. (2). Subsec. (g). Pub. L. 116283, § 1299Q(e)(4)(D), substituted “Agency” for “Board”. 2016—Subsec. (a)(1). Pub. L. 114323, § 703(a)(1), substituted “Asia.” for “the following countries: The Peoples Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.” Subsec. (b)(1). Pub. L. 114323, § 703(a)(2), struck out “the respective countries of” before “Asia”. Subsec. (f)(2). Pub. L. 114328, § 1288(6)(A), substituted “Chief Executive Officer of the Board” for “Chairman of the Board”. Subsecs. (g), (h). Pub. L. 114328, § 1288(6)(B), (C), added subsec. (g) and redesignated former subsec. (g) as (h). 2010—Subsec. (c)(2). Pub. L. 111202, § 3(1), struck out “, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010” after “Government”. Subsecs. (f) to (h). Pub. L. 111202, § 3(2)(4), redesignated subsecs. (g) and (h) as (f) and (g), respectively, designated first sentence of subsec. (f) as par. (1), inserted heading, inserted subpar. (A) designation before “entering into any agreements for the utilization of Voice of America”, added subpar. (B), designated second sentence of subsec. (f) as par. (2), inserted heading, inserted “or Radio Free Asia broadcasting activities” before period at end, and struck out former subsec. (f) which related to sunset provisions. 2009—Subsec. (f). Pub. L. 11171 substituted “2010” for “2009”. 2008—Subsec. (c)(2). Pub. L. 110321 substituted “2010” for “2009”. 1999—Subsec. (c). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(1), (2)], redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c), which required the Board, through the Director of the United States Information Agency, to submit to Congress a detailed plan for the establishment and operation of Radio Free Asia prior to the awarding of a grant to carry out this section. Subsec. (c)(1). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(3)(A)], struck out “(A)” after “(1)” and struck out subpar. (B) which read as follows: “Not later than 90 days after confirmation of all members of the Board, the Board shall provide a report to Congress on the number of administrative, managerial, and technical staff of Radio Free Asia who will be located within the metropolitan area of Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan area of Washington, D.C.” Subsec. (c)(2). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(3)(B)], substituted “September 30, 2009” for “September 30, 1999”. Subsec. (c)(4). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(3)(C)], substituted “$30,000,000 in each of the fiscal years 2000 and 2001” for “$22,000,000 in any fiscal year”. Subsec. (c)(5), (6). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(3)(D), (E)], redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “The total amount of grant funds made available for one-time capital costs of Radio Free Asia may not exceed $8,000,000.” Subsecs. (d), (e). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(2)], redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d) redesignated (c). Subsec. (f). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(4)], reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: “The Board may not make any grant for the purpose of operating Radio Free Asia after September 30, 1998, unless the President of the United States determines in the Presidents fiscal year 1999 budget submission that continuation of funding for Radio Free Asia for 1 additional year is in the interest of the United States.” Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(2)], redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsecs. (g) to (i). Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 501(2)], redesignated subsecs. (h) and (i) as (g) and (h), respectively. Former subsec. (g) redesignated (f). 1994—Subsec. (d)(1)(B). Pub. L. 103415 inserted “of all members” after “confirmation”.
Statutory Notes and Related Subsidiaries
FindingsPub. L. 111202, § 1, July 13, 2010, 124 Stat. 1373, provided that: “Congress finds the following: “(1) Radio Free Asia (referred to in this Act [amending this section] as RFA)—“(A) was authorized under section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208); “(B) was incorporated as a private, non-profit corporation in March 1996 in the hope that its operations would soon be obviated by the global advancement of democracy; and “(C) is headquartered in Washington, DC, with additional offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, and Taipei. “(2) RFA broadcasts serve as substitutes for indigenous free media in regions lacking free media outlets. “(3) The mission of RFA is to provide accurate and timely news and information to Asian countries whose governments prohibit access to a free press in order to enable informed decisionmaking by the people within Asia. “(4) RFA provides daily broadcasts of news, commentary, analysis, and cultural programming to Asian countries in several languages, including—“(A) 12 hours per day in Mandarin; “(B) 8 hours per day in 3 Tibetan dialects, Uke, Kham, and Amdo; “(C) 4 hours per day in Korean and Burmese; “(D) 2 hours per day in Cantonese, Vietnamese, Laotian, Khmer (Cambodian), and Uyghur; and “(E) 1½ hours per week in Wu (local Shanghai dialect). “(5) The governments of the countries targeted for these broadcasts have consistently denied and blocked attempts at Medium Wave and FM transmissions into their countries, forcing RFA to rely on Shortwave broadcasts and the Internet. “(6) RFA has provided continuous online news to its Asian audiences since 2004, although some countries—“(A) routinely and aggressively block RFAs website; “(B) monitor access to RFAs website; and “(C) discourage online users by making it illegal to access RFAs website. “(7) Despite these attempts, RFA has successfully managed to reach its online audiences through proxies, cutting-edge software, and active republication and repostings by its audience. “(8) RFA also provides forums for local opinions and experiences through message boards, podcasts, web logs (blogs), cell phone-distributed newscasts, and new media, including Facebook, Flickr, Twitter, and YouTube. “(9) Freedom House has documented that freedom of the press is in decline in nearly every region of the world, particularly in Asia, where none of the countries served by RFA have increased their freedom of the press during the past 5 years. “(10) In fiscal year 2010, RFA is operating on a $37,000,000 budget, less than $400,000 of which is available to fund Internet censorship circumvention. “(11) Congress currently provides grant funding for RFAs operations on a fiscal year basis.”
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# 22 U.S.C. § 6208a - Open Technology Fund
## Text
(a) Authority (1) In general Grants authorized under section 6204 of this title shall be available to make annual grants for the purpose of promoting, consistent with United States law, unrestricted access to uncensored sources of information via the internet to enable journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, the Office of Cuba Broadcasting, or any entity funded by or partnering with the United States Agency for Global Media, to create and disseminate, and for their audiences to receive, news and information consistent with the purposes, standards, and principles specified in sections 6201 and 6202 of this title.
(2) Establishment There is established a grantee entity to be known as the “Open Technology Fund”, which shall carry out the provisions of this section.
(b) Functions of the grantee In furtherance of the mission set forth in subsection (a), the Open Technology Fund shall seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees, and shall—
(1) research, develop, implement, and maintain—
(A) technologies that circumvent techniques used by authoritarian governments, nonstate actors, and others to block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used to limit or block legitimate access to content and information; and
(B) secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites;
(2) advance internet freedom by supporting private and public sector research, development, implementation, and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments, nonstate actors, and others to improperly restrict freedom online;
(3) research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments, nonstate actors, and others;
(4) develop, acquire, and distribute requisite internet freedom technologies and techniques for the United States Agency for Global Media, including as set forth in paragraph (1), and digital security interventions, to fully enable the creation and distribution of digital content between and to all users and regional audiences;
(5) prioritize programs for countries the governments of which restrict freedom of expression on the internet, and that are important to the national interest of the United States, and are consistent with section 7050(b)(2)(C) of the Further Consolidated Appropriations Act, 2020 (Public Law 11694); and
(6) carry out any other effort consistent with the purposes of this chapter or press freedom overseas if requested or approved by the United States Agency for Global Media.
(c) Methodology In carrying out subsection (b), the Open Technology Fund shall—
(1) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefitting from programs supported by the Open Technology Fund;
(3) review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
(6) seek input from technical, regional, and subject matter experts from a wide range of relevant disciplines, to review, provide feedback, and evaluate proposals to ensure the most competitive projects are funded;
(7) implement an independent review process, through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence;
(8) maximize cooperation with the public and private sectors, as well as foreign allies and partner countries, to maximize efficiencies and eliminate duplication of efforts; and
(9) utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund.
(d) Grant agreement Any grant agreement with or grants made to the Open Technology Fund under this section shall be subject to the following limitations and restrictions:
(1) The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy, operational effectiveness, and accountability to the United States Agency for Global Media.
(2) Grants awarded under this section shall be made pursuant to a grant agreement which requires that grant funds be used only for activities consistent with this section, and that failure to comply with such requirements shall permit the grant to be terminated without fiscal obligation to the United States.
(3) Any grant agreement under this section shall require that any contract entered into by the Open Technology Fund shall specify that all obligations are assumed by the grantee and not by the United States Government.
(4) Any grant agreement under this section shall require that any lease agreements entered into by the Open Technology Fund shall be, to the maximum extent possible, assignable to the United States Government.
(5) Administrative and managerial costs for operation of the Open Technology Fund should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee.
(6) Grant funds may not be used for any activity the purpose of which is influencing the passage or defeat of legislation considered by Congress.
(e) Relationship to the United States Agency for Global Media (1) In general The Open Technology Fund shall be subject to the same oversight and governance by the United States Agency for Global Media as other grantees of the Agency as set forth in section 6204 of this title.
(2) Assistance The United States Agency for Global Media, its broadcast entities, and the Open Technology Fund should render assistance to each other as may be necessary to carry out the purposes of this section or any other provision of this chapter.
(3) Not a Federal agency or instrumentality Nothing in this section may be construed to make the Open Technology Fund a Federal agency or instrumentality.
(4) Detailees Under the Intergovernmental Personnel Act [42 U.S.C. 4701 et seq.], employees of a grantee of the United States Agency for Global Media may be detailed to the Agency, and Federal employees may be detailed to a grantee of the United States Agency for Global Media.
(f) Relationship to other United States Government-funded Internet freedom programs The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (b) and (c).
(g) Reporting requirements (1) Annual report The Open Technology Fund shall highlight, in its annual report, internet freedom activities, including a comprehensive assessment of the Open Technology Funds activities relating to the implementation of subsections (b) and (c). Each such report shall include the following:
(A) An assessment of the current state of global internet freedom, including trends in censorship and surveillance technologies and internet shutdowns, and the threats such pose to journalists, citizens, and human rights and civil-society organizations.
(B) A description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the prior year, including the countries and regions in which such technologies were deployed, and any associated metrics indicating audience usage of such technologies, as well as future-year technology project initiatives.
(2) Assessment of the effectiveness of the Open Technology Fund Not later than two years after January 1, 2021, the Inspector General of the Department of State and the Foreign Service shall submit to the appropriate congressional committees a report on the following:
(A) Whether the Open Technology Fund is technically sound and cost effective.
(B) Whether the Open Technology Fund is satisfying the requirements of this section.
(C) The extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund.
(h) Audit authorities (1) In general Financial transactions of the Open Technology Fund, as such relate to functions carried out under this section, may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept.
(2) Access by GAO The Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund.
(3) Exercise of authorities Notwithstanding any other provision of law, the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Open Technology Fund.
(Pub. L. 103236, title III, § 309A, as added Pub. L. 116283, div. A, title XII, § 1299P(b), Jan. 1, 2021, 134 Stat. 4016.)
## Notes
Editorial Notes
References in TextSection 7050(b)(2)(C) of the Further Consolidated Appropriations Act, 2020, referred to in subsec. (b)(5), is section 7050(b)(2)(C) of Pub. L. 11694, div. G, title VII, Dec. 20, 2019, 133 Stat. 2915, which is not classified to the Code. This chapter, referred to in subsecs. (b)(6) and (e)(2), was in the original “this Act”, and was translated, to reflect the probable intent of Congress, as reading “this title”, meaning title III of Pub. L. 103236, 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. The Intergovernmental Personnel Act, referred to in subsec. (e)(4), probably means the Intergovernmental Personnel Act of 1970, Pub. L. 91648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables. The Inspector General Act of 1978, referred to in subsec. (h)(3), is Pub. L. 95452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning on July 1, 2021, see section 1299P(e) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note under section 6203 of this title.
@@ -0,0 +1,69 @@
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# 22 U.S.C. § 6209 - Incorporation and non-Federal status of broadcasting entities
## Text
(a) Defined term In this chapter—
(1) the term “grant” includes agreements under section 6305 of title 31; and
(2) the term “grantee” includes recipients of an agreement described in paragraph (1).
(b) Incorporation The Chief Executive Officer is authorized to incorporate grantees in accordance with the regular notification procedures of—
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Appropriations of the House of Representatives; and
(4) the Committee on Foreign Affairs of the House of Representatives.
(c) Federal status Nothing in this chapter or in any other Act, and no action taken pursuant to this chapter or any other Act, may be construed to make a grantee incorporated pursuant to subsection (b), or any other grantee or entity provided funding by the Agency, a Federal agency or instrumentality.
(d) Leadership of grantee organizations The chief executive officer or the equivalent official of RFE/RL Inc., Radio Free Asia, the Open Technology Fund, and the Middle East Broadcasting Networks, and any other organization that is established or authorized under this chapter, shall serve at the pleasure of, and may be named by, the Chief Executive Officer of the Agency, with the concurrence of the Grantee Board and subject to the approval of the Advisory Board pursuant to section 6205 of this title.
(Pub. L. 103236, title III, § 310, as added Pub. L. 114328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2553; amended Pub. L. 116283, div. A, title XII, §§ 1299P(c)(2), (3), 1299Q(e)(5), (f), Jan. 1, 2021, 134 Stat. 4020, 4025, 4026; Pub. L. 117263, div. I, title XCVII, § 9705, Dec. 23, 2022, 136 Stat. 3915.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a), (c), and (d), was so in the original, but probably should have been a reference to “this title”, meaning title III of Pub. L. 103236, 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.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(5), (f), Jan. 1, 2021, 134 Stat. 4025, 4026, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Prior ProvisionsA prior section 6209, Pub. L. 103236, title III, § 310, Apr. 30, 1994, 108 Stat. 442, related to transition of transfer of functions from Board for International Broadcasting to United States Information Agency, Board, or Bureau, prior to repeal by Pub. L. 105277, div. G, subdiv. A, title XIII, §§ 1301, 1323(l)(2), Oct. 21, 1998, 112 Stat. 2681776, 2681780, effective Oct. 1, 1999.
Amendments2022—Pub. L. 117263 amended section generally. Prior to amendment, section related to broadcast entities reporting to Chief Executive Officer. 2021—Subsec. (a)(1). Pub. L. 116283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”. Subsec. (c). Pub. L. 116283, § 1299P(c)(2), inserted “the Open Technology Fund,” before “or the Middle East Broadcasting Networks”. Subsec. (d). Pub. L. 116283, § 1299Q(e)(5), substituted “Agency” for “Board”. Pub. L. 116283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”. Subsec. (e). Pub. L. 116283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”. Subsecs. (f), (g). Pub. L. 116283, § 1299Q(f), added subsecs. (f) and (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by section 1299P(c)(2), (3) of Pub. L. 116283 effective and applicable beginning on July 1, 2021, see section 1299P(e) of Pub. L. 116283, set out as a note under section 6203 of this title.
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# 22 U.S.C. § 6209a - Inspector General authorities
## Text
(a) In general The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the United States Agency for Global Media 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 of the Department of State and the Foreign Service 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.
(Pub. L. 103236, title III, § 310A, as added Pub. L. 114328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2554; amended Pub. L. 116283, div. A, title XII, § 1299Q(e)(6), Jan. 1, 2021, 134 Stat. 4025.)
## Notes
Editorial Notes
References in TextThe Inspector General Act of 1978, referred to in subsec. (a), is Pub. L. 95452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5. This chapter, referred to in subsec. (b), was in the original “this Act”, and was translated as reading “this title”, meaning title III of Pub. L. 103236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(6), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “United States Agency for Global Media” for “Broadcasting Board of Governors”.
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# 22 U.S.C. § 6209b - Role of the Secretary of State in foreign policy guidance
## Text
To assist the Agency in carrying out its functions, the Chief Executive Officer shall regularly consult with and seek from the Secretary of State guidance on foreign policy issues.
(Pub. L. 103236, title III, § 310B, as added Pub. L. 114328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2554; amended Pub. L. 116283, div. A, title XII, § 1299Q(e)(7), Jan. 1, 2021, 134 Stat. 4025.)
## Notes
Editorial Notes
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(7), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Pub. L. 116283 substituted “Agency” for “Board”.
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# 22 U.S.C. § 6210 - Preservation of American jobs
## Text
It is the sense of the Congress that the Director of the United States Information Agency and the Chairman of the Board for International Broadcasting should, in developing the plan for consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent with the purposes of the consolidation, elimination of any United States-based positions and should affirmatively seek to transfer as many positions as possible to the United States.
(Pub. L. 103236, title III, § 311, Apr. 30, 1994, 108 Stat. 444.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
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# 22 U.S.C. § 6211 - Repealed. Pub. L. 116283, div. A, title XII, § 1299Q(e)(8), Jan. 1, 2021, 134 Stat. 4025
## Notes
Section, Pub. L. 103236, title III, § 312, Apr. 30, 1994, 108 Stat. 444; Pub. L. 106113, § 1000(a)(7) [div. A, title V, § 503], Nov. 29, 1999, 113 Stat. 1536, 1501A451, provided the sense of Congress regarding the continuing mission of Radio Free Europe and Radio Liberty broadcasts to Central Europe, Eurasia, and the Persian Gulf.
Editorial Notes
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(8), Jan. 1, 2021, 134 Stat. 4025, which repealed this section, was amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
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# 22 U.S.C. § 6212 - Requirement for authorization of appropriations
## Text
(a) Limitation on obligation and expenditure of funds Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent fiscal year, any funds appropriated for the purposes of broadcasting subject to supervision of the Agency shall not be available for obligation or expenditure—
(1) unless such funds are appropriated pursuant to an authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) Subsequent authorization The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.
(c) Application The provisions of this section—
(1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and
(2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered under or pursuant to this chapter.
(Pub. L. 103236, title III, § 313, Apr. 30, 1994, 108 Stat. 444; Pub. L. 107228, div. A, title V, § 507(2), Sept. 30, 2002, 116 Stat. 1394; Pub. L. 116283, div. A, title XII, § 1299Q(e)(9), Jan. 1, 2021, 134 Stat. 4025.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c)(2), was in the original “this title”, meaning title III of Pub. L. 103236, 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.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(9), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “Agency” for “Board” in introductory provisions. 2002—Subsec. (a). Pub. L. 107228 struck out “the direction and” after “broadcasting subject to” in introductory provisions.
Statutory Notes and Related Subsidiaries
Continued Availability of Funds Following Repeal of Board for International Broadcasting Act of 1973Pub. L. 103317, title V, Aug. 26, 1994, 108 Stat. 1771, provided in part: “That on the date upon which the Board for International Broadcasting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed, as provided for by section 310(e) of the Foreign Relations Authorization Act, fiscal years 1994 and 1995 (Public Law 103236; 108 Stat. 442) [former 22 U.S.C. 6209(e)], funds made available for expenses of the Board for International Broadcasting shall be made available until expended only for expenses necessary to enable the Broadcasting Board of Governors [now United States Agency for Global Media] to carry out the authorities provided in section 305(a) of Public Law 103236 [22 U.S.C. 6204(a)], including the appointment of staff personnel as authorized by section 305(a)(11) of Public Law 103236: Provided further, That such amounts appropriated to the Board for International Broadcasting in fiscal year 1994 as are certified by the Office of Management and Budget to the Congress as gains due to the fluctuation of foreign currency, may be used in fiscal year 1995 and thereafter either to offset foreign currency losses or to offset unfunded RFE/RL costs associated with the implementation of Public Law 103236 [see Tables for classification]: Provided further, That obligated but unexpended balances appropriated in fiscal year 1990 to fund planned transmitter modernization expenses may be expended in fiscal year 1995 for unfunded RFE/RL costs associated with the implementation of Public Law 103236”.
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# 22 U.S.C. § 6213 - Definitions
## Text
For the purposes of this chapter—
(1) the term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives;
(2) the terms “Agency” and “Chief Executive Officer of the Agency” mean the United States Agency for Global Media and the Chief Executive Officer of the United States Agency for Global Media, respectively, and the position, respectively, authorized in accordance with this chapter;
(3) the term “RFE/RL, Incorporated” means the corporation having the corporate title described in section 6207 of this title 11 So in original. Probably should be followed by “; and”.
(4) the term “salary or other compensation” includes any deferred compensation or pension payments, any payments for expenses for which the recipient is not obligated to itemize, and any payments for personnel services provided to an employee of RFE/RL, Incorporated.
(Pub. L. 103236, title III, § 314, Apr. 30, 1994, 108 Stat. 445; Pub. L. 114328, div. A, title XII, § 1288(8), Dec. 23, 2016, 130 Stat. 2554; Pub. L. 116283, div. A, title XII, § 1299Q(e)(10), Jan. 1, 2021, 134 Stat. 4025.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in introductory provisions, was in the original “this title”, meaning title III of Pub. L. 103236, 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. This chapter, referred to in par. (2), was in the original “this Act”, and was translated as reading “this title”, meaning title III of Pub. L. 103236, to reflect the probable intent of Congress. See above.
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(10), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Par. (2). Pub. L. 116283, § 1299Q(e)(10)(A), which directed redesignation of first par. (4), relating to the terms “Board” and “Chief Executive Officer of the Board”, as (2) and substitutition of “the terms Agency and Chief Executive Officer of the Agency mean the United States Agency for Global Media and the Chief Executive Officer of the United States Agency for Global Media, respectively,” for “the terms Board and Chief Executive Officer of the Board means the Broadcasting Board of Governors”, was executed by making the redesignation and by making the substitution for “the terms Board and Chief Executive Officer of the Board mean the Broadcasting Board of Governors”, to reflect the probable intent of Congress. Par. (3). Pub. L. 116283, § 1299Q(e)(10)(B), substituted “means the corporation having the corporate title described in section 6207 of this title” for “includes—” and struck out subpars. (A) and (B) which read as follows: “(A) the corporation having the corporate title described in section 6206(b)(3) of this title; and “(B) any alternative grantee described in section 6206(e) of this title; and”. Par. (4). Pub. L. 116283, § 1299Q(e)(10)(A), redesignated first par. (4), relating to the terms “Board” and “Chief Executive Officer of the Board”, as (2). 2016—Pars. (2) to (4). Pub. L. 114328 redesignated par. (2) as (3) and par. (3) as (4) defining “salary or other compensation” and added par. (4) defining “Board” and “Chief Executive Officer of the Board” after par. (1).
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# 22 U.S.C. § 6214 - Relocation costs
## Text
Notwithstanding any other provision of law, funds derived from the sale of real property assets of RFE/RL in Munich, Germany, may be retained, obligated, and expended to meet one-time costs associated with the consolidation of United States Government broadcasting activities in accordance with this chapter, including the costs of relocating RFE/RL offices and operations.
(Pub. L. 103236, title III, § 315(d), as added Pub. L. 103415, § 1(ll), Oct. 25, 1994, 108 Stat. 4303.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 103236, 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.
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# 22 U.S.C. § 6215 - Establishment of Radio Free Afghanistan
## Text
(a) Requirement of a detailed plan Not later than 15 days after March 11, 2002, RFE/RL, Incorporated, shall submit to the Broadcasting Board of Governors a report setting forth a detailed plan for the provision by RFE/RL, Incorporated, of surrogate broadcasting services in the Dari and Pashto languages to Afghanistan. Such broadcasting services shall be known as “Radio Free Afghanistan”.
(b) Grant authority (1) In general Effective 15 days after March 11, 2002, or the date on which the report required by subsection (a) is submitted, whichever is later, the Broadcasting Board of Governors is authorized to make grants to support Radio Free Afghanistan.
(2) Supersedes existing limitation on total annual grant amounts Grants made to RFE/RL, Incorporated, during the fiscal year 2002 for support of Radio Free Afghanistan may be made without regard to section 308(c) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207(c)).
(c) Available authorities In addition to the authorities in this section, the authorities applicable to carry out United States Government broadcasting activities under the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.], the United States International Broadcasting Act of 1994 [22 U.S.C. 6201 et seq.], the Foreign Affairs Reform and Restructuring Act of 1998, and other provisions of law consistent with such purpose may be used to carry out the grant authority of subsection (b).
(d) Standards; oversight Radio Free Afghanistan shall adhere to the same standards of professionalism and accountability, and shall be subject to the same oversight mechanisms, as other services of RFE/RL, Incorporated.
(Pub. L. 107148, § 2, Mar. 11, 2002, 116 Stat. 64.)
## Notes
Editorial Notes
References in TextThe United States Information and Educational Exchange Act of 1948, referred to in subsec. (c), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, which is classified generally to chapter 18 (§ 1431 et seq.) 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 United States International Broadcasting Act of 1994, referred to in subsec. (c), is title III of Pub. L. 103236, Apr. 30, 1994, 108 Stat. 432, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The Foreign Affairs Reform and Restructuring Act of 1998, referred to in subsec. (c), is division G of Pub. L. 105277, Oct. 21, 1998, 112 Stat. 2681761. For complete classification of division G to the Code, see Short Title note set out under section 6501 of this title and Tables.
Codification Section was enacted as part of the Radio Free Afghanistan Act, and not as part of the United States International Broadcasting Act of 1994 which comprises this chapter.
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.
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# 22 U.S.C. § 6216 - Special authority for surge capacity
## Text
(a) Emergency authority (1) In general Whenever the President determines it to be important to the national interests of the United States and so certifies to the appropriate congressional committees, the President, on such terms and conditions as the President may determine, is authorized to direct any department, agency, or other entity of the United States to furnish the United States Agency for Global Media with such assistance outside the United States as may be necessary to provide international broadcasting activities of the United States with a surge capacity to support United States foreign policy objectives during a crisis abroad.
(2) Supersedes existing law The authority of paragraph (1) shall supersede any other provision of law.
(3) Surge capacity defined In this subsection, the term “surge capacity” means the financial and technical resources necessary to carry out broadcasting activities in a geographical area during a crisis abroad.
(4) Duration The President is authorized to exercise the authority provided in subsection (a)(1) for a period of up to six months, which may be renewed for one additional six month period.
(b) Authorization of appropriations (1) In general There are authorized to be appropriated to the President such sums as may be necessary for the President to carry out this section, except that no such amount may be appropriated which, when added to amounts previously appropriated for such purpose but not yet obligated, would cause such amounts to exceed $25,000,000.
(2) Availability of funds Amounts appropriated pursuant to the authorization of appropriations in this subsection are authorized to remain available until expended.
(3) Designation of appropriations Amounts appropriated pursuant to the authorization of appropriations in this subsection may be referred to as the “United States International Broadcasting Surge Capacity Fund”.
(c) Report The annual report submitted to the President and Congress by the United States Agency for Global Media under section 6204(a)(9) of this title shall provide a detailed description of any activities carried out under this section.
(Pub. L. 103236, title III, § 316, as added Pub. L. 11053, title XX, § 2031(c), Aug. 3, 2007, 121 Stat. 516; amended Pub. L. 116283, div. A, title XII, § 1299Q(e)(11), Jan. 1, 2021, 134 Stat. 4026.)
## Notes
Editorial Notes
Codification Pub. L. 116283, div. A, title XII, § 1299Q(e)(11), Jan. 1, 2021, 134 Stat. 4026, which amended this section, was itself amended by Pub. L. 116260, div. O, title XIII, § 1301, Dec. 27, 2020, 134 Stat. 2158, to make it effective 90 days after Jan. 1, 2021. However, the amendment by Pub. L. 116260 could not be executed because it was enacted before the provision from Pub. L. 116283 that it amended.
Amendments2021—Subsecs. (a)(1), (c). Pub. L. 116283 substituted “United States Agency for Global Media” for “Broadcasting Board of Governors”.
Statutory Notes and Related Subsidiaries
Finding; Sense of CongressPub. L. 11053, title XX, § 2031(a), (b), Aug. 3, 2007, 121 Stat. 515, provided that: “(a) Finding.—Congress finds that the report of the National Commission on Terrorist Attacks Upon the United States stated that Recognizing that Arab and Muslim audiences rely on satellite television and radio, the government has begun some promising initiatives in television and radio broadcasting to the Arab world, Iran, and Afghanistan. These efforts are beginning to reach large audiences. The Broadcasting Board of Governors [now United States Agency for Global Media] has asked for much larger resources. It should get them.. “(b) Sense of Congress.—It is the sense of Congress that—“(1) the United States needs to improve its communication of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations; and “(2) public diplomacy should reaffirm the paramount commitment of the United States to democratic principles, including preserving the civil liberties of all the people of the United States, including Muslim-Americans.”
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# 22 U.S.C. § 6217 - Global internet freedom
## Text
(a) Statement of policy It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries—
(1) whose governments restrict freedom of expression on the internet; and
(2) that are important to the national interest of the United States.
(b) Purpose and coordination with other programs Global internet freedom programming under this section—
(1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society—
(A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations;
(B) to combat violence against bloggers and other civil society activists who utilize the internet; and
(C) to enhance digital security training and capacity building for democracy activists;
(2) shall seek to assist efforts—
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and
(C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and
(3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate.
(c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023—
(1) $75,000,000 to the Department and USAID, to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and
(2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the “USAGM”) and its grantees, for internet freedom and circumvention technologies that are designed—
(A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees;
(B) to facilitate audience access to such digital content on websites that are censored;
(C) to coordinate the distribution of such digital content to targeted regional audiences; and
(D) to promote and distribute such tools and techniques, including digital security techniques.
(d) United States Agency for Global Media activities (1) Annual certification For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USAGM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the “OTF”) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they—
(A) have evaluated the risks and benefits of such new tools or techniques; and
(B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes.
(2) Information sharing The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of—
(A) sharing information, technologies, and best practices; and
(B) assessing the effectiveness of such technologies.
(3) United States Agency for Global Media The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall—
(A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate;
(B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and
(C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGMs annual language service prioritization review.
(e) USAGM report Not later than 120 days after December 23, 2022, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes—
(1) as of the date of the report—
(A) the full scope of internet freedom programs within the USAGM, including—
(i) the efforts of the Office of Internet Freedom; and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and
(C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and
(2) successful examples from the Office of Internet Freedom and Open Technology Fund involving—
(A) responding rapidly to internet shutdowns in closed societies; and
(B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes.
(f) Joint report Not later than 60 days after December 23, 2022, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes—
(1) as of the date of the report—
(A) the full scope of internet freedom programs within the Department and USAID, including—
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet infrastructure;
(B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and
(C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and
(2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access—
(A) to respond rapidly to internet shutdowns in closed societies; and
(B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes.
(g) Security audits Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding.
(h) Surge (1) Authorization of appropriations Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, up to $2,500,000 to support internet freedom programs in closed societies, including programs that—
(A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year.
(2) Certification Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States.
(i) Defined term In this section, the term “internet censorship circumvention tool” means a software application or other tool that an individual can use to evade foreign government restrictions on internet access.
(Pub. L. 117263, div. I, title XCVII, § 9707, Dec. 23, 2022, 136 Stat. 3915.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of State Authorization Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the United States International Broadcasting Act of 1994 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 9002 of Pub. L. 117263, set out as a note under section 2651 of this title.