Authorities
Professional independence of broadcasters
The Secretary of State and the Chief Executive Officer, in carrying out their functions, shall respect the professional independence and integrity of the Agency, its broadcasting services, and the grantees of the Agency.
Limitation on corporate leadership of grantees
In general
The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or any other grantee authorized under this chapter (collectively referred to as “Agency Grantee Networks”) unless the incorporation documents of any such grantee require that the corporate leadership and Board of Directors of such grantee be selected in accordance with this chapter.
Conflicts of interest
Chief Executive Officer
The Chief Executive Officer may not serve on any of the corporate boards of any grantee under subsection (a).
Federal employees
A full-time employee of a Federal agency may not serve on a corporate board of any grantee under subsection (a).
Qualifications of grantee board members
Individuals appointed under subsection (a) to the Board of Directors of any of the Agency Grantee Networks shall have requisite expertise in journalism, technology, broadcasting, or diplomacy, or appropriate language or cultural understanding relevant to the grantee’s mission.
Pub. L. 103–236, title III, § 305108 Stat. 435Pub. L. 103–415, § 1(s)(1)108 Stat. 4302Pub. L. 105–277, div. G112 Stat. 2681–778Pub. L. 107–228, div. A, title V, § 507(1)116 Stat. 1394Pub. L. 109–140, § 8119 Stat. 2652Pub. L. 114–328, div. A, title XII, § 1288(2)130 Stat. 2549Pub. L. 116–283, div. A, title XII134 Stat. 4020Pub. L. 117–263, div. I, title XCVII, § 9706136 Stat. 3915(, , ; , , ; , subdiv. A, title XIII, § 1323(e)–(i), , , 2681–779; , , ; , , ; , , ; , §§ 1299P(c)(2), 1299Q(c), (e)(2), , , 4021, 4025; , , .)
Editorial Notes
References in Text
Pub. L. 103–236108 Stat. 432section 6201 of this titleThis chapter, referred to in subsecs. (a)(1), (9), (17), (18) and (c)(1) the first place appearing, was in the original “this title”, meaning title III of , , , 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 and Tables.
Pub. L. 98–11197 Stat. 749section 1465 of this titleThe Radio Broadcasting to Cuba Act, referred to in subsec. (a)(1), (9), is , , , 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 and Tables.
Pub. L. 101–246104 Stat. 58section 1465aa of this titleThe Television Broadcasting to Cuba Act, referred to in subsec. (a)(1), (9), is part D of title II of , , , 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 and Tables.
Pub. L. 103–236108 Stat. 432section 6201 of this titleThis chapter, referred to in subsecs. (a)(5), (14) and (c)(1) the second place appearing, was in the original “this Act”, and was translated, to reflect the probable intent of Congress, as reading “this title”, meaning title III of , , , 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 and Tables.
act Jan. 27, 1948, ch. 3662 Stat. 6section 1431 of this titleThe United States Information and Educational Exchange Act of 1948, referred to in subsec. (a)(17), is , , 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 and Tables.
section 1461 of this titlePub. L. 105–277, div. G112 Stat. 2681–790Section 6 of Reorganization Plan Number 2 of 1977, referred to in subsec. (a)(17), which was set out under , was repealed by , subdiv. A, title XIII, § 1336(6), , .
Pub. L. 105–277section 1301 of Pub. L. 105–277section 6531 of this titleFor 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 , see , set out as a note under .
Codification
Pub. L. 114–328, § 1288(2)(A)(i)“Chief Executive Officer” was substituted for “Board” in section catchline to reflect the probable intent of Congress and the amendment by , which substituted “Chief Executive Officer” for “Board” wherever appearing in subsec. (a).
section 305 of Pub. L. 103–236section 305 of Pub. L. 103–236Pub. L. 114–328, § 1288(2)(B)Pub. L. 116–283, § 1299Q(c)(2)Section is comprised of , which consists of subsecs. (a), (b), (e), and (c), in that order. Subsec. (e) of amended sections 1465b and 1465c of this title and is omitted from the text of this section. There was no subsec. (c) or (d) after amendment by –(D). , which added a new subsec. (c), directed that it be added at the end of this section, which technically places it after subsec. (e) but is shown here as following subsec. (b) due to the omission of subsec. (e).
Pub. L. 116–283, div. A, title XII, § 1299Q(c)134 Stat. 4021Pub. L. 116–260, div. O, title XIII, § 1301134 Stat. 2158Pub. L. 116–260Pub. L. 116–283, (e)(2), , , 4025, which amended this section, was itself amended by , , , to make it effective 90 days after . However, the amendment by could not be executed because it was enacted before the provision from that it amended.
Amendments
Pub. L. 117–263, § 9706(1)2022—Subsec. (a)(1). , struck out “direct and” before “supervise”.
Pub. L. 117–263, § 9706(4)section 6207(a) of this titlePub. L. 117–263, § 9706(3)Subsec. (a)(20). , which directed amendment of par. (22), “as redesignated”, of subsec. (a) by substituting a period for “and to condition grants” and all that followed, was executed by substituting a period for “and to condition grants or cooperative agreements, if appropriate, on such grants or cooperative agreements or any similar amendments as authorized under , including authority to name and replace the board of any grantee authorized under this chapter, to meet the purposes of this chapter in accordance with subsection (c).” in par. (20), as redesignated by , to reflect the probable intent of Congress. See Amendment note below. Par. (20), and not par. (22), contained the words “and to condition grants”.
Pub. L. 117–263, § 9706(2)section 6207(a) of this title, (3), redesignated par. (21) as (20) and struck out former par. (20) which read as follows: “Notwithstanding any other provision of law, including , to condition, if appropriate, any grant or cooperative agreement to RFE/RL, Inc., Radio Free Asia, the Open Technology Fund, or the Middle East Broadcasting Networks, or any organization that is established through the consolidation of such entities, on authority to determine membership of their respective boards, and the consolidation of such grantee entities into a single grantee organization under terms and conditions established by the Agency in accordance with subsection (c).”
Pub. L. 117–263, § 9706(3)Subsec. (a)(21), (22). , redesignated pars. (22) and (23) as (21) and (22), respectively. Former par. (21) redesignated (20).
Pub. L. 116–283, § 1299Q(e)(2)(A)(i)2021—Subsec. (a)(6). , substituted “Agency” for “Board”.
Pub. L. 116–283, § 1299Q(e)(2)(A)(ii)Subsec. (a)(13). , substituted “Agency” for “Board”.
Pub. L. 116–283, § 1299Q(c)(1)(A)Subsec. (a)(20). , (e)(2)(A)(iii), substituted “Agency” for “Board” and inserted “in accordance with subsection (c)” before period at end.
Pub. L. 116–283, § 1299P(c)(2), inserted “the Open Technology Fund,” before “or the Middle East Broadcasting Networks”.
Pub. L. 116–283, § 1299Q(c)(1)(B)Subsec. (a)(21). , struck out “including with Federal officials,” before “to meet the purposes” and inserted “in accordance with subsection (c)” before period at end.
Pub. L. 116–283, § 1299Q(e)(2)(A)(iv)Subsec. (a)(22). , substituted “Agency” for “Board”.
Pub. L. 116–283, § 1299Q(c)(1)(C)Subsec. (a)(23). , added par. (23).
Pub. L. 116–283, § 1299Q(e)(2)(B)Subsec. (b). , substituted “Agency” for “Board” in two places.
Pub. L. 116–283, § 1299Q(c)(2)Subsec. (c). , added subsec. (c). See Codification note above.
Pub. L. 114–328, § 1288(2)(A)(i)2016—Subsec. (a). , substituted “Chief Executive Officer” for “Board” in introductory provisions.
Pub. L. 114–328, § 1288(2)(A)(ii)Subsec. (a)(1). , inserted “direct and” before “supervise”.
Pub. L. 114–328, § 1288(2)(A)(iii)Subsec. (a)(5). , inserted “and cooperative agreements” after “grants” and substituted “in furtherance of the purposes of this chapter and on behalf of other agencies, accordingly” for “in accordance with sections 6207 and 6208 of this title”.
Pub. L. 114–328, § 1288(2)(A)(iv)Subsec. (a)(6). , substituted “Board” for “International Broadcasting Bureau” and struck out “subject to the limitations in sections 6207 and 6208 of this title and” before “subject to reprogramming”.
Pub. L. 114–328, § 1288(2)(A)(i)22 U.S.C. 1461(b)section 3903 of title 41Subsec. (a)(10). , (v), substituted “Chief Executive Officer” for “Board”, inserted “, rent, or lease” after “procure”, and substituted “property for journalism, media, production, and broadcasting, and related support services, notwithstanding any other provision of law relating to such acquisition, rental, or lease, and under the same terms and conditions as authorized under section 501(b) of the United States Information and Educational Exchange Act of 1948 (), and for multiyear contracts and leases for periods of up to 20 years subject to the requirements of subsections (b) through (f) of ” for “personal property”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(11). , (vi), struck out “staff” before “personnel” and substituted “for the Chief Executive Officer” for “for the Board”, “as the Chief Executive Officer” for “as the Board”, and “which shall not be subject” for “subject”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(12). , substituted “Chief Executive Officer” for “Board”.
Pub. L. 114–328, § 1288(2)(A)(vii)Subsec. (a)(13). , substituted “Board” for “Bureau” and “Chief Executive Officer has taken” for “Board has taken”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(14). , (viii), substituted “Chief Executive Officer” for “Board” and inserted “transmission or” before “relay” and “or any other grantee authorized under this chapter” after “Radio Free Asia”.
Pub. L. 114–328, § 1288(2)(A)(ix)section 3109 of title 5Subsec. (a)(15)(A). , struck out “temporary and intermittent” after “To procure” and “to the same extent as is authorized by ,” after “personal services”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(16). , (x), substituted “for the Chief Executive Officer” for “for the Board” and “Chief Executive Officer determines” for “Board determines”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(17). , substituted “Chief Executive Officer” for “Board”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(18). , (xi), substituted “Agency, the Chief Executive Officer” for “Agency, the Bureau” and “or the Chief Executive Officer” for “or the Board”.
Pub. L. 114–328, § 1288(2)(A)(i)Subsec. (a)(19). , substituted “Chief Executive Officer” for “Board” in subpars. (A) and (B).
Pub. L. 114–328, § 1288(2)(A)(xii)Subsec. (a)(20) to (22). , added pars. (20) to (22).
Pub. L. 114–328, § 1288(2)(B)Subsecs. (b) to (d). –(D), redesignated subsec. (d) as (b), substituted “and the Chief Executive Officer” for “and the Board” and “Board” for “International Broadcasting Bureau”, and struck out former subsecs. (b) and (c) which related to delegation of authority and broadcasting budgets, respectively.
Pub. L. 109–1402005—Subsec. (a)(19). added par. (19).
Pub. L. 107–2282002—Subsec. (a)(4). substituted “annually,” for “annually,,”.
Pub. L. 105–277, § 1323(e)(1)section 6205(b) of this title1998—Subsec. (a)(1). , struck out “direct and” after “To” and substituted “, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in ” for “and the Television Broadcasting to Cuba Act”.
Pub. L. 105–277, § 1323(e)(2)Subsec. (a)(4). , inserted “, after consultation with the Secretary of State,” after “annually,”.
Pub. L. 105–277, § 1323(e)(3)Subsec. (a)(9). , struck out “, through the Director of the United States Information Agency,” after “the Congress” and inserted at end “Each annual report shall place special emphasis on the assessment described in paragraph (2).”
Pub. L. 105–277, § 1323(e)(4)Subsec. (a)(12). , substituted “1998 and 1999” for “1994 and 1995” and “to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997” for “to the Board for International Broadcasting for such purposes for fiscal year 1993”.
Pub. L. 105–277, § 1323(e)(5)Subsec. (a)(15) to (18). , added pars. (15) to (18).
Pub. L. 105–277, § 1323(f)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).
Pub. L. 105–277, § 1323(g)Subsec. (c). , (h), struck out “(1)” before “The Director”, struck out “the Director of the United States Information Agency for the consideration of the Director as a part of the Agency’s budget submission to” before “the Office of Management and Budget”, and struck out par. (2) which read as follows: “The Director of the United States Information Agency shall include in the Agency’s submission to the Office of Management and Budget the comments and recommendations of the Board concerning the proposed broadcasting budget.”
Pub. L. 105–277, § 1323(f)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Pub. L. 105–277, § 1323(i)Subsec. (d). , amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Director of the United States Information Agency and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and grantees.”
Pub. L. 105–277, § 1323(f)(1), redesignated subsec. (c) as (d).
Pub. L. 105–277, § 1323(f)(1), redesignated subsec. (d) as (e). See Codification note above.
Pub. L. 103–4151994—Subsec. (a)(14). substituted “relay of Radio” for “relay to Radio”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
section 1299P(c)(2) of Pub. L. 116–283section 1299P(e) of Pub. L. 116–283section 6203 of this titleAmendment by effective and applicable beginning on , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–277section 1301 of Pub. L. 105–277section 6531 of this titleAmendment by effective , see , set out as an Effective Date note under .
Expansion of Farsi Language Programming
Pub. L. 111–84, div. A, title XII, § 1262123 Stat. 2553
International Broadcasting Operations Fund .—
Broadcasting Capital Improvements Fund .—
Use of Amounts .—
Iranian Electronic Education, Exchange, and Media Fund
Pub. L. 111–84, div. A, title XII, § 1263123 Stat. 2553
Establishment .—
Administration .—
Objective .—
Use of Amounts .—
Transfers .—
Authorization of Appropriations .—
Buying Power Maintenance Account
Pub. L. 110–252, title I, § 1408(c)122 Stat. 2342
Pilot Project for Transcription of Certain Programming Into English
Pub. L. 110–53, title XX, § 2032121 Stat. 516