22 U.S.C. § 6213 — Definitions

Page 1784 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6213 1 So in original. Probably should be followed by ‘‘; and’’. poses of broadcasting subject to supervision of the Agency shall not be available for obligation or expenditure— (1) unless such funds are appropriated pursu- ant to an authorization of appropriations; or (2) in excess of the authorized level of appro- priations. (b) Subsequent authorization The limitation under subsection (a) shall not apply to the extent that an authorization of ap- propriations is enacted after such funds are ap- propriated. (c) Application The provisions of this section— (1) may not be superseded, except by a provi- sion of law which specifically repeals, modi- fies, or supersedes the provisions of this sec- tion; and (2) shall not apply to, or affect in any man- ner, permanent appropriations, trust funds, and other similar accounts which are author- ized by law and administered under or pursu- ant to this chapter. (Pub. L. 103–236, title III, § 313, Apr. 30, 1994, 108 Stat. 444; Pub. L. 107–228, div. A, title V, § 507(2), Sept. 30, 2002, 116 Stat. 1394; Pub. L. 116–283, div. A, title XII, § 1299Q(e)(9), Jan. 1, 2021, 134 Stat. 4025.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(2), 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 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)(9), 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 ‘‘Agen- cy’’ for ‘‘Board’’ in introductory provisions. 2002—Subsec. (a). Pub. L. 107–228 struck out ‘‘the di- rection and’’ after ‘‘broadcasting subject to’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries CONTINUED AVAILABILITY OF FUNDS FOLLOWING REPEAL OF BOARD FOR INTERNATIONAL BROADCASTING ACT OF 1973 Pub. L. 103–317, 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 sec- tion 310(e) of the Foreign Relations Authorization Act, fiscal years 1994 and 1995 (Public Law 103–236; 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 ex- penses 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 103–236 [22 U.S.C. 6204(a)], including the appointment of staff personnel as authorized by section 305(a)(11) of Public Law 103–236: Provided further, That such amounts appropriated to the Board for Inter- national Broadcasting in fiscal year 1994 as are cer- tified by the Office of Management and Budget to the Congress as gains due to the fluctuation of foreign cur- rency, may be used in fiscal year 1995 and thereafter ei- ther to offset foreign currency losses or to offset un- funded RFE/RL costs associated with the implementa- tion of Public Law 103–236 [see Tables for classifica- tion]: 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 103–236’’. § 6213. Definitions For the purposes of this chapter— (1) the term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Re- lations 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 Execu- tive 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 posi- tion, respectively, authorized in accordance with this chapter; (3) the term ‘‘RFE/RL, Incorporated’’ means the corporation having the corporate title de- scribed in section 6207 of this title 1 (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 serv- ices provided to an employee of RFE/RL, In- corporated. (Pub. L. 103–236, title III, § 314, Apr. 30, 1994, 108 Stat. 445; Pub. L. 114–328, div. A, title XII, § 1288(8), Dec. 23, 2016, 130 Stat. 2554; Pub. L. 116–283, div. A, title XII, § 1299Q(e)(10), Jan. 1, 2021, 134 Stat. 4025.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, 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. This chapter, referred to in par. (2), was in the origi- nal ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title III of Pub. L. 103–236, to reflect the probable intent of Congress. See above. CODIFICATION Pub. L. 116–283, div. A, title XII, § 1299Q(e)(10), 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 Page 1785 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6216 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—Par. (2). Pub. L. 116–283, § 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 Glob- al Media, respectively,’’ for ‘‘the terms ‘Board and Chief Executive Officer of the Board’ means the Broad- casting 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. 116–283, § 1299Q(e)(10)(B), substituted ‘‘means the corporation having the corporate title de- scribed in section 6207 of this title’’ for ‘‘includes—’’ and struck out subpars. (A) and (B) which read as fol- lows: ‘‘(A) the corporation having the corporate title de- scribed 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. 116–283, § 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. 114–328 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). § 6214. Relocation costs Notwithstanding any other provision of law, funds derived from the sale of real property as- sets of RFE/RL in Munich, Germany, may be re- tained, obligated, and expended to meet one- time costs associated with the consolidation of United States Government broadcasting activi- ties in accordance with this chapter, including the costs of relocating RFE/RL offices and oper- ations. (Pub. L. 103–236, title III, § 315(d), as added Pub. L. 103–415, § 1(ll), Oct. 25, 1994, 108 Stat. 4303.) 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. § 6215. Establishment of Radio Free Afghanistan (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 set- ting forth a detailed plan for the provision by RFE/RL, Incorporated, of surrogate broad- casting services in the Dari and Pashto lan- guages to Afghanistan. Such broadcasting serv- ices shall be known as ‘‘Radio Free Afghani- stan’’. (b) Grant authority (1) In general Effective 15 days after March 11, 2002, or the date on which the report required by sub- section (a) is submitted, whichever is later, the Broadcasting Board of Governors is au- thorized to make grants to support Radio Free Afghanistan. (2) Supersedes existing limitation on total an- nual grant amounts Grants made to RFE/RL, Incorporated, dur- ing the fiscal year 2002 for support of Radio Free Afghanistan may be made without regard to section 308(c) of the United States Inter- national 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 Edu- cational Exchange Act of 1948 [22 U.S.C. 1431 et seq.], the United States International Broad- casting 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 account- ability, and shall be subject to the same over- sight mechanisms, as other services of RFE/RL, Incorporated. (Pub. L. 107–148, § 2, Mar. 11, 2002, 116 Stat. 64.) Editorial Notes REFERENCES IN TEXT The United States Information and Educational Ex- change 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. 103–236, 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. 105–277, Oct. 21, 1998, 112 Stat. 2681–761. 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 Af- ghanistan 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. § 6216. Special authority for surge capacity (a) Emergency authority (1) In general Whenever the President determines it to be important to the national interests of the