22 U.S.C. § 6216 — Special authority for surge capacity

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 Page 1786 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6217 United States and so certifies to the appro- priate congressional committees, the Presi- dent, on such terms and conditions as the President may determine, is authorized to di- rect any department, agency, or other entity of the United States to furnish the United States Agency for Global Media with such as- sistance outside the United States as may be necessary to provide international broad- casting activities of the United States with a surge capacity to support United States for- eign policy objectives during a crisis abroad. (2) Supersedes existing law The authority of paragraph (1) shall super- sede any other provision of law. (3) Surge capacity defined In this subsection, the term ‘‘surge capac- ity’’ means the financial and technical re- sources necessary to carry out broadcasting activities in a geographical area during a cri- sis 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 re- newed 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, ex- cept that no such amount may be appropriated which, when added to amounts previously ap- propriated for such purpose but not yet obli- gated, would cause such amounts to exceed $25,000,000. (2) Availability of funds Amounts appropriated pursuant to the au- thorization of appropriations in this sub- section are authorized to remain available until expended. (3) Designation of appropriations Amounts appropriated pursuant to the au- thorization of appropriations in this sub- section may be referred to as the ‘‘United States International Broadcasting Surge Ca- pacity 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. 103–236, title III, § 316, as added Pub. L. 110–53, title XX, § 2031(c), Aug. 3, 2007, 121 Stat. 516; amended Pub. L. 116–283, div. A, title XII, § 1299Q(e)(11), Jan. 1, 2021, 134 Stat. 4026.) Editorial Notes CODIFICATION Pub. L. 116–283, div. A, title XII, § 1299Q(e)(11), Jan. 1, 2021, 134 Stat. 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. AMENDMENTS 2021—Subsecs. (a)(1), (c). Pub. L. 116–283 substituted ‘‘United States Agency for Global Media’’ for ‘‘Broad- casting Board of Governors’’. Statutory Notes and Related Subsidiaries FINDING; SENSE OF CONGRESS Pub. L. 110–53, 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 Gov- ernors [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 commu- nication of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations; and ‘‘(2) public diplomacy should reaffirm the para- mount commitment of the United States to demo- cratic principles, including preserving the civil lib- erties of all the people of the United States, including Muslim-Americans.’’ § 6217. Global internet freedom (a) Statement of policy It is the policy of the United States to pro- mote internet freedom through programs of the Department and USAID that preserve and ex- pand 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 inter- est of the United States. (b) Purpose and coordination with other pro- grams Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that pro- mote democracy and support the efforts of civil society— (A) to counter the development of repres- sive 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 activ- ists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of tech- nologies that provide or enhance access to the internet, including circumvention tools