22 U.S.C. § 6209 — Incorporation and non-Federal status of

Page 1782 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6209 State and the Foreign Service is authorized to exercise the authorities of the Inspector Gen- eral Act of 1978 with respect to the Open Tech- nology Fund. (Pub. L. 103–236, title III, § 309A, as added Pub. L. 116–283, div. A, title XII, § 1299P(b), Jan. 1, 2021, 134 Stat. 4016.) Editorial Notes REFERENCES IN TEXT Section 7050(b)(2)(C) of the Further Consolidated Ap- propriations Act, 2020, referred to in subsec. (b)(5), is section 7050(b)(2)(C) of Pub. L. 116–94, 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. 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 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. 91–648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Wel- fare. 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 sub- sec. (h)(3), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 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 pre- ceding section 101 of Title 5. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning on July 1, 2021, see section 1299P(e) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note under sec- tion 6203 of this title. § 6209. Incorporation and non-Federal status of broadcasting entities (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 reg- ular 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 instrumen- tality. (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 organiza- tion 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 Advi- sory Board pursuant to section 6205 of this title. (Pub. L. 103–236, title III, § 310, as added Pub. L. 114–328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2553; amended Pub. L. 116–283, div. A, title XII, §§ 1299P(c)(2), (3), 1299Q(e)(5), (f), Jan. 1, 2021, 134 Stat. 4020, 4025, 4026; Pub. L. 117–263, div. I, title XCVII, § 9705, Dec. 23, 2022, 136 Stat. 3915.) Editorial Notes REFERENCES IN TEXT This 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. 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 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. 116–283, 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. 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. PRIOR PROVISIONS A prior section 6209, Pub. L. 103–236, 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. 105–277, div. G, subdiv. A, title XIII, §§ 1301, 1323(l)(2), Oct. 21, 1998, 112 Stat. 2681–776, 2681–780, effective Oct. 1, 1999. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to broadcast entities re- porting to Chief Executive Officer. 2021—Subsec. (a)(1). Pub. L. 116–283, § 1299P(c)(3), in- serted ‘‘the Open Technology Fund,’’ before ‘‘and the Middle East Broadcasting Networks’’. Subsec. (c). Pub. L. 116–283, § 1299P(c)(2), inserted ‘‘the Open Technology Fund,’’ before ‘‘or the Middle East Broadcasting Networks’’. Subsec. (d). Pub. L. 116–283, § 1299Q(e)(5), substituted ‘‘Agency’’ for ‘‘Board’’. Pub. L. 116–283, § 1299P(c)(3), inserted ‘‘the Open Tech- nology Fund,’’ before ‘‘and the Middle East Broad- casting Networks’’. Subsec. (e). Pub. L. 116–283, § 1299P(c)(3), inserted ‘‘the Open Technology Fund,’’ before ‘‘and the Middle East Broadcasting Networks’’. Subsecs. (f), (g). Pub. L. 116–283, § 1299Q(f), added sub- secs. (f) and (g). Page 1783 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6212 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1299P(c)(2), (3) of Pub. L. 116–283 effective and applicable beginning on July 1, 2021, see section 1299P(e) of Pub. L. 116–283, set out as a note under section 6203 of this title. § 6209a. Inspector General authorities (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 re- spect to the Department of State. (b) Respect for journalistic integrity of broad- casters 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 re- flected in the content of broadcasts. (Pub. L. 103–236, title III, § 310A, as added Pub. L. 114–328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2554; amended Pub. L. 116–283, div. A, title XII, § 1299Q(e)(6), Jan. 1, 2021, 134 Stat. 4025.) Editorial Notes REFERENCES IN TEXT The Inspector General Act of 1978, referred to in sub- sec. (a), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 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 pre- ceding 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. 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, to reflect the probable intent of Con- gress. 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. 116–283, div. A, title XII, § 1299Q(e)(6), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was 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 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘United States Agency for Global Media’’ for ‘‘Broadcasting Board of Governors’’. § 6209b. Role of the Secretary of State in foreign policy guidance To assist the Agency in carrying out its func- tions, the Chief Executive Officer shall regularly consult with and seek from the Secretary of State guidance on foreign policy issues. (Pub. L. 103–236, title III, § 310B, as added Pub. L. 114–328, div. A, title XII, § 1288(7), Dec. 23, 2016, 130 Stat. 2554; amended Pub. L. 116–283, div. A, title XII, § 1299Q(e)(7), Jan. 1, 2021, 134 Stat. 4025.) Editorial Notes CODIFICATION Pub. L. 116–283, div. A, title XII, § 1299Q(e)(7), Jan. 1, 2021, 134 Stat. 4025, which amended this section, was 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 2021—Pub. L. 116–283 substituted ‘‘Agency’’ for ‘‘Board’’. § 6210. Preservation of American jobs It is the sense of the Congress that the Direc- tor 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 af- firmatively seek to transfer as many positions as possible to the United States. (Pub. L. 103–236, title III, § 311, Apr. 30, 1994, 108 Stat. 444.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. § 6211. Repealed. Pub. L. 116–283, div. A, title XII, § 1299Q(e)(8), Jan. 1, 2021, 134 Stat. 4025 Section, Pub. L. 103–236, title III, § 312, Apr. 30, 1994, 108 Stat. 444; Pub. L. 106–113, § 1000(a)(7) [div. A, title V, § 503], Nov. 29, 1999, 113 Stat. 1536, 1501A–451, 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. 116–283, div. A, title XII, § 1299Q(e)(8), Jan. 1, 2021, 134 Stat. 4025, which repealed this section, was 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 enacted be- fore the provision from Pub. L. 116–283 that it amended. § 6212. Requirement for authorization of appro- priations (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 pur-