Statutory Law - US Code - Title 22: Chapter 71: United States International Broadcasting


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U.S. Code Title 22: Foreign Relations and Intercourse


Chapter 71: United States International Broadcasting

*Current through Public Law 112-173, August 16th, 2012.
**Selected Provisions Relevant to U.S. Intelligence Law

CHAPTER 71—UNITED STATES INTERNATIONAL BROADCASTING

22 USC § 6201. Congressional findings and declaration of purposes

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 People's 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. 103–236, title III, §302, Apr. 30, 1994, 108 Stat. 432.)
Short Title of 2009 Amendment
Pub. L. 111–84, div. A, title XII, §1261, Oct. 28, 2009, 123 Stat. 2553, as amended by Pub. L. 111–383, div. A, title X, §1075(d)(19), Jan. 7, 2011, 124 Stat. 4374, provided that: “This subtitle [subtitle D (§§1261–1266) of title XII of div. A of Pub. L. 111–84, 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 Amendment
Pub. L. 107–148, §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 Title
Pub. L. 103–236, 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’.”

22 USC § 6202. Standards and principles

(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. 103–236, title III, §303, Apr. 30, 1994, 108 Stat. 433; Pub. L. 103–415, §1(p), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1323(d), Oct. 21, 1998, 112 Stat. 2681–778; Pub. L. 105–292, title V, §502, Oct. 27, 1998, 112 Stat. 2811.)

22 USC § 6203. Establishment of Broadcasting Board of Governors

(a) Continued existence within Executive branch
(1) In general
The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5.
(2) Retention of existing Board members
The members of the Broadcasting Board of Governors appointed by the President pursuant to subsection (b)(1)(A) before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998 and holding office as of that date may serve the remainder of their terms of office without reappointment.
(3) 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 Broadcasting Board of Governors and the International Broadcasting Bureau 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 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.
(b) Composition of Board
(1) The Board shall consist of 9 members, as follows:
(A) 8 voting members who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) The Secretary of State who shall also be a voting member.

(2) The President shall appoint one member (other than the Secretary of State) as Chairman of the Board, subject to the advice and consent of the Senate.
(3) Exclusive of the Secretary of State, not more than 4 of the members of the Board appointed by the President shall be of the same political party.
(c) Term of office
The term of office of each member of the Board shall be three years, except that the Secretary of State shall remain a member of the Board during the Director's term of service. Of the other 8 voting members, the initial terms of office of two members shall be one year, and the initial terms of office of 3 other members shall be two years, as determined by the President. The President shall appoint, by and with the advice and consent of the Senate, Board members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until a successor has been appointed and qualified. When there is no Secretary of State, the Acting Secretary of State shall serve as a member of the Board until a Director is appointed.
(d) Selection of Board
Members of the Board appointed by the President shall be citizens of the United States who are not regular full-time employees of the United States Government. Such members shall be selected by the President from among Americans distinguished in the fields of mass communications, print, broadcast media, or foreign affairs.
(e) Compensation
Members of the Board, while attending meetings of the Board or while engaged in duties relating to such meetings or in other activities of the Board pursuant to 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. 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 by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The Secretary of State shall not be entitled to any compensation under this chapter, but may be allowed travel expenses as provided under this subsection.
(f) Decisions
Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of 5 members.
(g) Immunity from civil liability
Notwithstanding any other provision of law, any and all limitations on liability that apply to the members of the Broadcasting Board of Governors also shall apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and Radio Free Asia.
(Pub. L. 103–236, title III, §304, Apr. 30, 1994, 108 Stat. 434; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1322, 1323(b), (c), Oct. 21, 1998, 112 Stat. 2681–777, 2681–778; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title V, §§502, 504], Nov. 29, 1999, 113 Stat. 1536, 1501A–451.)
References in Text
For the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, referred to in subsec. (a)(2), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.
The Inspector General Act of 1978, referred to in subsec. (a)(3)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

22 USC § 6204. Authorities of Board

(a) Authorities
The Board shall have the following authorities:
(1) To supervise all broadcasting activities conducted pursuant to this chapter, the Radio Broadcasting to Cuba Act [22 U.S.C. 1465 et seq.], the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.], and Worldnet Television, except as provided in section 6205(b) of this title.
(2) To review and evaluate the mission and operation of, and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign policy objectives of the United States.
(3) To ensure that United States international broadcasting is conducted in accordance with the standards and principles contained in section 6202 of this title.
(4) To review, evaluate, and determine, at least annually, after consultation with the Secretary of State, the addition or deletion of language services.
(5) To make and supervise grants for broadcasting and related activities in accordance with sections 6207 and 6208 of this title.
(6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 6207 and 6208 of this title and subject to reprogramming notification requirements in law for the reallocation of funds.
(7) To review engineering activities to ensure that all broadcasting elements receive the highest quality and cost-effective delivery services.
(8) To undertake such studies as may be necessary to identify areas in which broadcasting activities under its authority could be made more efficient and economical.
(9) To submit to the President and the Congress an annual report which summarizes and evaluates activities under this chapter, the Radio Broadcasting to Cuba Act [22 U.S.C. 1465 et seq.], and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.]. Each annual report shall place special emphasis on the assessment described in paragraph (2).
(10) To the extent considered necessary to carry out the functions of the Board, procure supplies, services, and other personal property.
(11) To appoint such staff personnel for the Board as the Board may determine to be necessary, subject to the provisions of title 5 governing appointments in the competitive service, and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(12) To obligate and expend, for official reception and representation expenses, such amount as may be made available through appropriations (which for each of the fiscal years 1998 and 1999 may not exceed the amount made available to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997).
(13) To make available in the annual report required by paragraph (9) information on funds expended on administrative and managerial services by the Bureau and by grantees and the steps the Board has taken to reduce unnecessary overhead costs for each of the broadcasting services.
(14) The Board may provide for the use of United States Government transmitter capacity for relay of Radio Free Asia.
(15)(A) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, at rates not to exceed the daily equivalent of the rate provided for positions classified above grade GS–15 of the General Schedule under section 5108 of title 5.
(B) To allow those providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Government service employed intermittently, while so employed.
(16) To procure, pursuant to section 1535 of title 31 (commonly known as the “Economy Act”), such goods and services from other departments or agencies for the Board and the International Broadcasting Bureau as the Board determines are appropriate.
(17) To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.], and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary in carrying out the provisions and purposes of this chapter.
(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had been available to the Director of the United States Information Agency, the Bureau, or the Board before the effective date of title XIII of the Foreign Affairs Consolidation Act of 1998 for carrying out the broadcasting activities covered by this chapter.
(19)(A) To provide for the payment of primary and secondary school expenses for dependents of personnel stationed in the Commonwealth of the Northern Mariana Islands (CNMI) at a cost not to exceed expenses authorized by the Department of Defense for such schooling for dependents of members of the Armed Forces stationed in the Commonwealth, if the Board determines that schools available in the Commonwealth are unable to provide adequately for the education of the dependents of such personnel.
(B) To provide transportation for dependents of such personnel between their places of residence and those schools for which expenses are provided under subparagraph (A), if the Board determines that such schools are not accessible by public means of transportation.
(b) Delegation of authority
The Board may delegate to the Director of the International Broadcasting Bureau, or any other officer or employee of the United States, to the extent the Board determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of subsection (a) of this section.
(c) Broadcasting budgets
The Director of the Bureau and the grantees identified in sections 6207 and 6208 of this title shall submit proposed budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board and broadcasting activities under this chapter, the Radio Broadcasting to Cuba Act [22 U.S.C. 1465 et seq.], and the Television Broadcasting to Cuba Act [22 U.S.C. 1465aa et seq.] to the Office of Management and Budget.
(d) Professional independence of broadcasters
The Secretary of State and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and the grantees of the Board.
(Pub. L. 103–236, title III, §305, Apr. 30, 1994, 108 Stat. 435; Pub. L. 103–415, §1(s)(1), Oct. 25, 1994, 108 Stat. 4302; Pub. L. 105–277, div. G, subdiv. A, title XIII, §1323(e)–(i), Oct. 21, 1998, 112 Stat. 2681–778, 2681–779; Pub. L. 107–228, div. A, title V, §507(1), Sept. 30, 2002, 116 Stat. 1394; Pub. L. 109–140, §8, Dec. 22, 2005, 119 Stat. 2652.)
References in Text
The Radio Broadcasting to Cuba Act, referred to in subsecs. (a)(1), (9) and (c), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, as amended, which is classified generally to subchapter V–A (§1465 et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables.
The Television Broadcasting to Cuba Act, referred to in subsecs. (a)(1), (9) and (b)(1), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, as amended, which is classified principally to subchapter V–B (§1465aa et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
The United States Information and Educational Exchange Act of 1948, referred to in subsec. (a)(17), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, as amended, 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.
Section 6 of Reorganization Plan Number 2 of 1977, referred to in subsec. (a)(17), which was set out under section 1461 of this title, was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, §1336(6), Oct. 21, 1998, 112 Stat. 2681–790.
For the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, referred to in subsec. (a)(17), (18), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a 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’ International Broadcasting Operations Fund, there is authorized to be appropriated $15,000,000 to expand Farsi language programming and to provide for the dissemination of accurate 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 appropriated $15,000,000 to expand transmissions of Farsi language 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, including 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, including the development of broadcast platforms and programs, on the television, radio and Internet, for enhanced interactivity with and among the people of Iran;
“(5) hire, on a permanent or short-term basis, additional staff for Radio Farda and the Persian News Network; and
“(6) develop additional Internet-based, Farsi-language television programming, including a Farsi-language, 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 appropriated to the Fund pursuant to subsection (f).
“(b) Administration.—The Fund shall be administered 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 Iranian people to—
“(1) gain access to and share information;
“(2) exercise freedom of speech, freedom of expression, and freedom of assembly through the Internet and other electronic media;
“(3) engage in Internet-based education programs and other exchanges between Americans and Iranians; and
“(4) counter efforts—
“(A) to block, censor, and monitor the Internet; and
“(B) to disrupt or monitor cellular phone networks or SMS text exchanges.
“(d) Use of Amounts.—In pursuit of the objective described 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, including projects that—
“(1) develop Farsi-language versions of existing social-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 networks or SMS text message exchanges;
“(3) develop Internet-based, distance learning programs for Iranian students at United States universities; and
“(4) promote Internet-based, people-to-people educational, professional, religious, or cultural exchanges and dialogues between United States citizens and Iranians.
“(e) Transfers.—Amounts in the Fund may be transferred to the United States Agency for International Development, the Broadcasting Board of Governors, 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 authorized to be appropriated $20,000,000 to the Fund.”

22 USC § 6205. Role of Secretary of State

(a) Foreign policy guidance
To assist the Board in carrying out its functions, the Secretary of State shall provide information and guidance on foreign policy issues to the Board, as the Secretary may deem appropriate.
(b) Certain Worldnet programming
The Secretary of State is authorized to use Worldnet broadcasts for the purposes of continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.
(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.)

22 USC § 6206. International Broadcasting Bureau

(a) Establishment
There is hereby established an International Broadcasting Bureau under the Board (hereafter in this chapter referred to as the “Bureau”), to carry out all nonmilitary international broadcasting activities supported by the United States Government other than those described in sections 6207 and 6208 of this title.
(b) Selection of Director of Bureau
The Director of the Bureau shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall be entitled to receive compensation at the rate prescribed by law for level IV of the Executive Schedule.
(c) Responsibilities of Director
The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.
(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.)

22 USC § 6207. Limits on grants for Radio Free Europe and Radio Liberty

(a) Board of RFE/RL, Incorporated
The Board may not make any grant to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that—
(1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Broadcasting Board of Governors established under section 6203 of this title and of no other members; and
(2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such managerial officers and employees of RFE/RL, Incorporated, 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 Board may not make any grant to RFE/RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its senior administrative and managerial staff are in a location which ensures economy, operational effectiveness, and accountability to the Board.
(2) 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 RFE/RL, Incorporated 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.
(c) Limitation on grant amounts
The total amount of grants made for the operating costs of RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal year 2003.
(d) Alternative grantee
If the Board determines at any time that RFE/RL, Incorporated, is not carrying out the functions described in section 6208 of this title in an effective and economical manner, the Board may award the grant to carry out such functions to another entity after soliciting and considering applications from eligible entities in such manner and accompanied by such information as the Board may reasonably require.
(e) Not a Federal agency or instrumentality
Nothing in this chapter may be construed to make RFE/RL, Incorporated a Federal agency or instrumentality.
(f) Authority
Grants authorized under section 6204 of this title for RFE/RL, Incorporated, shall be available to make annual grants for the purpose of carrying out similar functions as were carried out by RFE/RL, Incorporated, on the day before April 30, 1994, with respect to Radio Free Europe and Radio Liberty, consistent with section 2 of the Board for International Broadcasting Act of 1973 [22 U.S.C. 2871], as in effect on such date.
(g) Grant agreement
Grants to RFE/RL, Incorporated, by the Board shall only be made in compliance with a grant agreement. The grant agreement shall establish guidelines for such grants. The grant agreement shall include the following provisions—
(1) that a grant be used only for activities which the Board determines are consistent with the purposes of subsection (f) of this section;
(2) that RFE/RL, Incorporated, shall otherwise comply with the requirements of this section;
(3) that failure to comply with the requirements of this section may result in suspension or termination of a grant without further obligation by the Board or the United States;
(4) that duplication of language services and technical operations between RFE/RL, Incorporated and the International Broadcasting Bureau be reduced to the extent appropriate, as determined by the Board; and
(5) that RFE/RL, Incorporated, justify in detail each proposed expenditure of grant funds, and that such funds may not be used for any other purpose unless the Board gives its prior written approval.
(h) Prohibited uses of grant funds
No grant funds provided under this section may be used for the following purposes:
(1)(A) Except as provided in subparagraph (B) or (C), to pay any salary or other compensation, or enter into any contract providing for the payment of salary or compensation in excess of the rates established for comparable positions under title 5 or the foreign relations laws of the United States, except that no employee may be paid a salary or other compensation in excess of the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5.
(B) Salary and other compensation limitations under subparagraph (A) shall not apply prior to October 1, 1995, with respect to any employee covered by a union agreement requiring a salary or other compensation in excess of such limitations.
(C) Notwithstanding the limitations under subparagraph (A), grant funds provided under this section may be used by RFE/RL, Incorporated, to pay up to three employees employed in Washington, D.C., salary or other compensation not to exceed the rate of pay payable for level III of the Executive Schedule under section 5314 of title 5.
(2) For any activity for the purpose of influencing the passage or defeat of legislation being considered by Congress.
(3) To enter into a contract or obligation to pay severance payments for voluntary separation for employees hired after December 1, 1990, except as may be required by United States law or the laws of the country where the employee is stationed.
(4) For first class travel for any employee of RFE/RL, Incorporated, or the relative of any employee.
(5) To compensate freelance contractors without the approval of the Board.
(i) Report on management practices
(1) Effective not later than March 31 and September 30 of each calendar year, the Inspector General of the Department of State and the Foreign Service shall submit to the Board and the Congress a report on management practices of RFE/RL, Incorporated, under this section. The Inspector General of the Department of State and the Foreign Service shall establish a special unit within the Inspector General's office to monitor and audit the activities of RFE/RL, Incorporated, and shall provide for on-site monitoring of such activities.
(j) Audit authority
(1) Such financial transactions of RFE/RL, Incorporated, as 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 where accounts of RFE/RL, Incorporated, are normally kept.
(2) Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by RFE/RL, Incorporated pertaining to such financial transactions and necessary to facilitate an audit. Such representatives 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 RFE/RL, Incorporated, shall remain in the possession and custody of RFE/RL, Incorporated.
(3) Notwithstanding any other provision of law and upon repeal of the Board for International Broadcasting Act [22 U.S.C. 2871 et seq.], 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 RFE/RL, Incorporated.
(Pub. L. 103–236, title III, §308, Apr. 30, 1994, 108 Stat. 437; Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1314(d), 1323(l)(1), Oct. 21, 1998, 112 Stat. 2681–777, 2681–780; Pub. L. 107–228, div. A, title V, §§501, 502, Sept. 30, 2002, 116 Stat. 1392; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

22 USC § 6208. Radio Free Asia

(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 the following countries: The People's Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.
(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 the respective countries of 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 Board 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 Board.
(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 Board 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 Board 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 Chairman of the Board 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) 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. 103–236, title III, §309, Apr. 30, 1994, 108 Stat. 439; Pub. L. 103–415, §1(s)(2), Oct. 25, 1994, 108 Stat. 4302; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title V, §501], Nov. 29, 1999, 113 Stat. 1536, 1501A–450; Pub. L. 110–321, §4, Sept. 19, 2008, 122 Stat. 3535; Pub. L. 111–71, §1, Oct. 9, 2009, 123 Stat. 2058; Pub. L. 111–202, §3, July 13, 2010, 124 Stat. 1374.)
Amendments
2010—Subsec. (c)(2). Pub. L. 111–202, §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. 111–202, §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.
Findings
Pub. L. 111–202, §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 RFA's website;
“(B) monitor access to RFA's website; and
“(C) discourage online users by making it illegal to access RFA's 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 RFA's operations on a fiscal year basis.”

22 USC § 6211. The continuing mission of Radio Free Europe and Radio Liberty broadcasts

It is the sense of Congress that Radio Free Europe and Radio Liberty should continue to broadcast to the peoples of Central Europe, Eurasia, and the Persian Gulf until such time as—
(1) a particular nation has clearly demonstrated the successful establishment and consolidation of democratic rule; and
(2) its domestic media which provide balanced, accurate, and comprehensive news and information, is firmly established and widely accessible to the national audience, thus making redundant broadcasts by Radio Free Europe or Radio Liberty.

At such time as a particular nation meets both of these conditions, RFE/RL should phase out broadcasting to that nation.
(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.)

22 USC § 6212. Requirement for authorization of appropriations

(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 Board 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) of this section 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. 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.)

22 USC § 6213. Definitions

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 term “RFE/RL, Incorporated” includes—
(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

(3) 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. 103–236, title III, §314, Apr. 30, 1994, 108 Stat. 445.)

22 USC § 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 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) of this section 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) of this section.
(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. 107–148, §2, Mar. 11, 2002, 116 Stat. 64.)
References in Text
The United States Information and Educational Exchange Act of 1948, referred to in subsec. (c), is act Jan. 27, 1948, ch. 36, 62 Stat. 6, as amended, 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, as amended, 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, as amended. 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.

22 USC § 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 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 Broadcasting Board of Governors 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 Broadcasting Board of Governors 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.)
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 Governors 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.”