22 U.S.C. § 6205 — Establishment of the International Broad-

Page 1772 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6205 section 1299P(e) of Pub. L. 116–283, set out as a note under section 6203 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. EXPANSION OF FARSI LANGUAGE PROGRAMMING Pub. L. 111–84, div. A, title XII, § 1262, Oct. 28, 2009, 123 Stat. 2553, provided that: ‘‘(a) INTERNATIONAL BROADCASTING OPERATIONS FUND.—In addition to amounts otherwise authorized for the Broadcasting Board of Governors’ [now United States Agency for Global Media] International Broad- casting Operations Fund, there is authorized to be ap- propriated $15,000,000 to expand Farsi language pro- gramming and to provide for the dissemination of accu- rate and independent information to the Iranian people through radio, television, Internet, cellular telephone, short message service, and other communications. ‘‘(b) BROADCASTING CAPITAL IMPROVEMENTS FUND.—In addition to amounts otherwise authorized for the Broadcasting Board of Governors’ Broadcasting Capital Improvements Fund, there is authorized to be appro- priated $15,000,000 to expand transmissions of Farsi lan- guage programs to Iran. ‘‘(c) USE OF AMOUNTS.—In pursuit of the objectives described in subsections (a) and (b), amounts in the International Broadcasting Operations Fund and the Capital Improvements Fund may be used to— ‘‘(1) develop additional transmission capability for Radio Farda and the Persian News Network to counter ongoing efforts to jam transmissions, includ- ing through additional shortwave and medium wave transmissions, satellite, and Internet mechanisms; ‘‘(2) develop additional proxy server capability and anti-censorship software to counter efforts to block Radio Farda and Persian News Network Web sites; ‘‘(3) develop technologies to counter efforts to block SMS text message exchange over cellular phone networks; ‘‘(4) expand program coverage and analysis by Radio Farda and the Persian News Network, includ- ing the development of broadcast platforms and pro- grams, on the television, radio and Internet, for en- hanced interactivity with and among the people of Iran; ‘‘(5) hire, on a permanent or short-term basis, addi- tional staff for Radio Farda and the Persian News Network; and ‘‘(6) develop additional Internet-based, Farsi-lan- guage television programming, including a Farsi-lan- guage, Internet-based news channel.’’ IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA FUND Pub. L. 111–84, div. A, title XII, § 1263, Oct. 28, 2009, 123 Stat. 2553, provided that: ‘‘(a) ESTABLISHMENT.—There is established in the Treasury of the United States the Iranian Electronic Education, Exchange, and Media Fund (referred to in this section as the ‘Fund’), consisting of amounts ap- propriated to the Fund pursuant to subsection (f). ‘‘(b) ADMINISTRATION.—The Fund shall be adminis- tered by the Secretary of State. ‘‘(c) OBJECTIVE.—The objective of the Fund shall be to support the development of technologies, including Internet Web sites, that will aid the ability of the Ira- nian people to— ‘‘(1) gain access to and share information; ‘‘(2) exercise freedom of speech, freedom of expres- sion, and freedom of assembly through the Internet and other electronic media; ‘‘(3) engage in Internet-based education programs and other exchanges between Americans and Ira- nians; and ‘‘(4) counter efforts— ‘‘(A) to block, censor, and monitor the Internet; and ‘‘(B) to disrupt or monitor cellular phone net- works or SMS text exchanges. ‘‘(d) USE OF AMOUNTS.—In pursuit of the objective de- scribed in subsection (c), amounts in the Fund may be used for grants to United States or foreign universities, nonprofit organizations, or companies for targeted projects that advance the purpose of the Fund, includ- ing projects that— ‘‘(1) develop Farsi-language versions of existing so- cial-networking Web sites; ‘‘(2) develop technologies, including Internet-based applications, to counter efforts— ‘‘(A) to block, censor, and monitor the Internet; and ‘‘(B) to disrupt or monitor cellular phone net- works or SMS text message exchanges; ‘‘(3) develop Internet-based, distance learning pro- grams for Iranian students at United States univer- sities; and ‘‘(4) promote Internet-based, people-to-people edu- cational, professional, religious, or cultural ex- changes and dialogues between United States citizens and Iranians. ‘‘(e) TRANSFERS.—Amounts in the Fund may be trans- ferred to the United States Agency for International Development, the Broadcasting Board of Governors [now United States Agency for Global Media], or any other agency of the Federal Government to the extent that such amounts are used to carry out activities that will further the objective described in subsection (c). ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated $20,000,000 to the Fund.’’ BUYING POWER MAINTENANCE ACCOUNT Pub. L. 110–252, title I, § 1408(c), June 30, 2008, 122 Stat. 2342, provided that: ‘‘The Broadcasting Board of Gov- ernors [now United States Agency for Global Media] may transfer funds into its Buying Power Maintenance Account, notwithstanding the requirement that such funds be provided in advance in appropriations Acts. The authority in this subsection may be exercised only with respect to funds appropriated or otherwise made available after fiscal year 2008.’’ PILOT PROJECT FOR TRANSCRIPTION OF CERTAIN PROGRAMMING INTO ENGLISH Pub. L. 110–53, title XX, § 2032, Aug. 3, 2007, 121 Stat. 516, provided that: ‘‘(a) TRANSCRIPTION OF PERSIAN AND ARABIC LAN- GUAGE BROADCASTS.—Not later than 90 days after the date of the enactment of this Act [Aug. 3, 2007], the Broadcasting Board of Governors [now United States Agency for Global Media] shall initiate a pilot project to transcribe into the English language news and infor- mation programming broadcast by Radio Farda, Radio Sawa, the Persian Service of the Voice of America, and Alhurra. ‘‘(b) RANDOM SAMPLING; PUBLIC AVAILABILITY.—The transcription required under subsection (a) shall con- sist of a random sampling of such programming. The transcripts shall be available to Congress and the pub- lic on the Internet site of the Board. ‘‘(c) REPORT.—Not later than May 1, 2008, the Chair- man of the Broadcasting Board of Governors shall sub- mit to the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Rela- tions of the Senate a report on the feasibility and util- ity of continuing the pilot project required under sub- section (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the ‘International Broad- casting Operations’ account of the Broadcasting Board of Governors $2,000,000 for fiscal year 2008 to carry out the pilot project required under subsection (a).’’ § 6205. Establishment of the International Broad- casting Advisory Board (a) In general The International Broadcasting Advisory Board (referred to in this section as the ‘‘Advi- Page 1773 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6205 sory 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 ad- vice 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 Advi- sory 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 ap- pointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Re- form Act; (ii) two members who are not affiliated with the same political party, shall be ap- pointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Re- form Act; and (iii) two members who are not affiliated with the same political party, shall be ap- pointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Re- form Act. (B) Secretary of State The Secretary of State shall serve as a member of the Advisory Board for the dura- tion of his or her tenure as Secretary of State. (5) Vacancies (A) In general The President shall appoint, with the ad- vice 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 sub- paragraph (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 Advi- sory 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 Advi- sory 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 pub- lic 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 individ- uals submitted by the Chair of the Com- mittee on Foreign Affairs of the House of Representatives; (B) one individual should be appointed from among a list of at least three individ- uals 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 individ- uals submitted by the Chair of the Com- mittee on Foreign Relations of the Senate; and (D) one individual should be appointed from among a list of at least three individ- uals 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 meet- ings at the request of the Chief Executive Offi- cer or the Chair of the Advisory Board; (3) report periodically, or upon request, to the congressional committees specified in sub- section (c)(2) regarding its advice and rec- ommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming; (4) obtain information from the Chief Execu- tive Officer, as needed, for the purposes of ful- filling the functions described in this sub- section; (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 en- sure that— Page 1774 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6205 (A) the Chief Executive Officer fully re- spects the professional integrity and edi- torial 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, includ- ing taking necessary actions to uphold pro- fessional standards to produce consistently reliable and authoritative, accurate, objec- tive, and comprehensive news and informa- tion; 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), deci- sions 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 Advi- sory 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 at- tending meetings of the Advisory Board or while engaged in duties relating to such meet- ings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensa- tion equal to the daily equivalent of the com- pensation prescribed for level IV of the Execu- tive 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 sec- tion 5703 of such title for persons in the Gov- ernment 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. 103–236, title III, § 306, Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1323(j), Oct. 21, 1998, 112 Stat. 2681–780; Pub. L. 114–328, div. A, title XII, § 1288(3), Dec. 23, 2016, 130 Stat. 2551; Pub. L. 116–283, div. A, title XII, § 1299Q(d), Jan. 1, 2021, 134 Stat. 4022; Pub. L. 118–159, div. G, title LXXIV, § 7401, Dec. 23, 2024, 138 Stat. 2543.) Editorial Notes REFERENCES IN TEXT The 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 sec- tion 1299Q of Pub. L. 116–283, which was approved Jan. 1, 2021. A bill with that Short Title, S. 3654, was intro- duced 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. 116–283, 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. 103–236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter. For com- plete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables. CODIFICATION Pub. L. 116–283, div. A, title XII, § 1299Q(d), Jan. 1, 2021, 134 Stat. 4022, which amended this section, was Page 1775 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6207 1 See References in Text note below. itself amended by Pub. L. 116–260, 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. 116–260 could not be executed because it was en- acted before the provision from Pub. L. 116–283 that it amended. AMENDMENTS 2024—Subsecs. (f) to (h). Pub. L. 118–159 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. 2021—Subsec. (a). Pub. L. 116–283, § 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 Ad- visory Board (referred to in this section as the ‘Advi- sory 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 Gov- ernors, as appropriate.’’ Subsec. (b). Pub. L. 116–283, § 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. 116–283, § 1299Q(d)(1)–(3), redesig- nated subsec. (d) as (c), inserted ‘‘Advisory’’ before ‘‘Board’’ in subsec. heading and ‘‘who are’’ before ‘‘dis- tinguished’’ in par. (2), and struck out former subsec. (c) which related to terms of office. Subsec. (d). Pub. L. 116–283, § 1299Q(d)(4), added subsec. (d). Former subsec. (d) redesignated (c). Subsecs. (e) to (g). Pub. L. 116–283, § 1299Q(d)(4), added subsecs. (e) to (g). 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the role of the Sec- retary of State in international broadcasting. 1998—Pub. L. 105–277, § 1323(j)(1), substituted ‘‘Role of Secretary of State’’ for ‘‘Foreign policy guidance’’ in section catchline. Subsec. (a). Pub. L. 105–277, § 1323(j)(2)–(4), designated existing provisions as subsec. (a), inserted heading, sub- stituted ‘‘State’’ for ‘‘State, acting through the Direc- tor of the United States Information Agency,’’, and in- serted before period at end ‘‘, as the Secretary may deem appropriate’’. Subsec. (b). Pub. L. 105–277, § 1323(j)(5), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. § 6206. Grantee corporate boards of directors (a) In general The corporate board of directors of each grant- ee 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 jurisdic- tion of their respective States of incorpora- tion; (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 ac- cordance with applicable bylaws. (b) Not Federal employees No employee of any grantee under this chapter may be a Federal employee. (Pub. L. 103–236, title III, § 307, as added Pub. L. 117–263, div. I, title XCVII, § 9704, Dec. 23, 2022, 136 Stat. 3914.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, known as the United States Inter- national 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. 103–236, 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 sec- tion 2651 of this title and Tables. PRIOR PROVISIONS A prior section 6206, Pub. L. 103–236, title III, § 307, Apr. 30, 1994, 108 Stat. 436; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1323(k), Oct. 21, 1998, 112 Stat. 2681–780, related to the International Broadcasting Bu- reau, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1288(4), Dec. 23, 2016, 130 Stat. 2552. Statutory Notes and Related Subsidiaries PERSONAL SERVICES CONTRACTING PILOT PROGRAM Pub. L. 107–228, div. A, title V, § 504, Sept. 30, 2002, 116 Stat. 1393, as amended by Pub. L. 109–140, § 6, Dec. 22, 2005, 119 Stat. 2652; Pub. L. 109–472, § 9, Jan. 11, 2007, 120 Stat. 3556; Pub. L. 110–161, div. J, title VI, § 634(r), Dec. 26, 2007, 121 Stat. 2330; Pub. L. 110–321, § 5, Sept. 19, 2008, 122 Stat. 3536, authorized the Director of the Inter- national Broadcasting Bureau to establish a pilot pro- gram for the purpose of hiring United States citizens or aliens as personal services contractors for service in the United States as broadcasters and other broad- casting specialists in the International Broadcasting Bureau, and provided that such authority would termi- nate on Dec. 31, 2009. Subsequent laws incrementally extended the authority until Sept. 30, 2016. § 6207. Limits on grants for Radio Free Europe and Radio Liberty (a) Board of RFE/RL, Incorporated The Agency may not make any grant to RFE/ RL, Incorporated, unless the certificate of incor- poration of RFE/RL, Incorporated, has been amended to provide that— (1) the Board of Directors of RFE/RL, Incor- porated, shall consist of the members author- ized under section 6204(a)(20) 1 of this title; and (2) such Board of Directors shall make all major policy determinations governing the op- eration of RFE/RL, Incorporated, and shall ap- point and fix the compensation of such mana- gerial officers and employees of RFE/RL, In- corporated, as it considers necessary to carry out the purposes of the grant provided under this chapter. (b) Location of principal place of business (1) The Agency may not make any grant to RFE/RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its senior adminis- trative and managerial staff are in a location which ensures economy, operational effective- ness, and accountability to the Agency. (2) Not later than 90 days after confirmation of all members of the Agency, the Agency shall provide a report to Congress on the number of