§ 6209. Incorporation and non-Federal status of broadcasting entities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   United States International Broadcasting Act of 1994

   Pub. L. 103–236 title III § 310 · 108 Stat. 382

   Enacted · 22 U.S.C. § 6209

   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

   Source evidence

   Code source credit
   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

   Enacted provision · exact public law section
   SEC. 310. TRANSITION. (a) Authorization.— (1) The President is authorized consistent with the purposes of this Act to direct the transfer of all functions and authorities from the Board for International Broadcasting to the United States Information Agency, the Board, or the Bureau as may be necessary to implement this title. (2) (A) Not later than 120 days after the date of enactment of this Act, the Director of the United States Information Agency and the Chairman of the Board for International Broad-casting shall jointly prepare and submit to the President for approval and implementation a plan to implement the provisions of this title. Such plan shall include at a minimum a detailed cost analysis to implement fully the recommendations of such plan. The plan shall identify all costs in excess of those authorized for such purposes and shall provide that any excess cost to implement the plan shall be derived only from funds authorized in section 201 of this Act. (B) The President shall transmit copies of the approved plan, together with any recommendations for legislative changes that may be necessary, to the appropriate congressional committees. (b) New Appointees.— The Director of the United States Information Agency may assign employees of the Agency for service with RFE/RL, Incorporated, with the concurrence of the president of RFE/RL, Incorporated. Such assignment shall not affect the rights and benefits of such personnel as employees of the United States Information Agency. (c) Board for International Broadcasting Personnel.— All Board for International Broadcasting full-time United States Government personnel (except special Government employees) and part-time United States Government personnel holding permanent positions shall be transferred to the United States Information Agency, the Board, or the Bureau. Such transfer shall not cause any such employee to be separated or reduced in grade or compensation. (d) Other Authorities.— The Director of the United States Information Agency is authorized to utilize the provisions of titles VIII and IX of the United States Information and Educational Exchange Act of 1948, and any other authority available to the Director on the date of enactment of this Act, to the extent that the Director considers necessary in carrying out the provisions and purposes of this title. (e) Repeal.— The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871, et seq.) is repealed effective September 30, 1995, or the date on which all members of the Board are confirmed, whichever is earlier. (f) Savings Provisions.— (1) Continuing effect of legal documents.— All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title; and (B) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the United States Information Agency or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected.— The provisions of this title shall not affect any proceedings pending before the Board for International Broadcasting at the time this title takes effect, with respect to functions transferred by this title, but such proceedings shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the termination or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been terminated or modified if this title had not been enacted. (3) Suits not affected.— The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (4) Nonabatement of actions.— No suit, action, or other proceeding commenced by or against the Board for International Broadcasting or by or against any individual in the official capacity of such individual as an officer of the Board for International Broadcasting shall abate by reason of the enactment of this title. (5) Administrative actions relating to promulgation of regulations.— Any administrative action relating to the preparation or promulgation of a regulation by the Board for International Broadcasting relating to a function transferred under this title may be continued by the United States Information Agency with the same effect as if this title had not been enacted. (6) References.— A reference in any provision of law, reorganization plan, or other authority to the Associate Director for Broadcasting of the United States Information Agency shall be considered to be a reference to the Director of the International Broadcasting Bureau of the United States Information Agency. (7) Effect on other laws.— The provisions of, and authorities contained in or transferred pursuant to, this title are not intended to repeal, limit, or otherwise derogate from the authorities or functions of or available to the Director of the United States Information Agency or the Secretary of State under law, reorganization plan, or otherwise, unless such provision hereof— (A) specifically refers to the provision of law or authority existing on the effective date of this title, so affected; or (B) is in direct conflict with such law or authority existing on the effective date of this title.

2. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299P(c)(3) · 134 Stat. 3388

   Inserted · 22 U.S.C. § 6209(a)(1)

   Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”.

   Enacted provision · exact public law section
   (3) in section 310 (22 U.S.C. 6209), by inserting “the Open Technology Fund,” before “and the Middle East Broadcasting Networks” each place such term appears.

   Effective date note
   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.

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299P(c)(2) · 134 Stat. 3388

   Inserted · 22 U.S.C. § 6209(c)

   Pub. L. 116–283, § 1299P(c)(2), inserted “the Open Technology Fund,” before “or the Middle East Broadcasting Networks”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–283, § 1299P(c)(2), inserted “the Open Technology Fund,” before “or the Middle East Broadcasting Networks”.

   Enacted provision · exact public law section
   (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by inserting “the Open Technology Fund,” before “or the Middle East Broadcasting Networks” each place such term appears; and

   Effective date note
   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.

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299Q(e)(5) · 134 Stat. 3388

   Substituted · 22 U.S.C. § 6209(d)

   Pub. L. 116–283, § 1299Q(e)(5), substituted “Agency” for “Board”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–283, § 1299Q(e)(5), substituted “Agency” for “Board”.

   Enacted provision · exact public law section
   (5) in section 310(d), by striking “Board” and inserting “Agency”;

   Effective date note
   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.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299P(c)(3) · 134 Stat. 3388

   Inserted · 22 U.S.C. § 6209(d)

   Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”.

   Enacted provision · exact public law section
   (3) in section 310 (22 U.S.C. 6209), by inserting “the Open Technology Fund,” before “and the Middle East Broadcasting Networks” each place such term appears.

   Effective date note
   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.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299P(c)(3) · 134 Stat. 3388

   Inserted · 22 U.S.C. § 6209(e)

   Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 116–283, § 1299P(c)(3), inserted “the Open Technology Fund,” before “and the Middle East Broadcasting Networks”.

   Enacted provision · exact public law section
   (3) in section 310 (22 U.S.C. 6209), by inserting “the Open Technology Fund,” before “and the Middle East Broadcasting Networks” each place such term appears.

   Effective date note
   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.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1299Q(f) · 134 Stat. 3388

   Added · 22 U.S.C. § 6209(f); 22 U.S.C. § 6209(g)

   Pub. L. 116–283, § 1299Q(f), added subsecs. (f) and (g)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 116–283, § 1299Q(f), added subsecs. (f) and (g).

   Enacted provision · exact public law section
   (f) Savings Provisions.— Section 310 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by adding at the end the following new subsections: “(f) Maintenance of Proprietary Information.— No consolidation of grantees authorized under subsection (a) involving any grantee shall result in any legal transfer of ownership of any proprietary information or intellectual property to the United State Agency for Global Media or any other Federal entity. “(g) Rule of Construction.— No consolidation of grantees authorized under subsection (a) shall result in the consolidation of the Open Technology Fund or any successor entity with any other grantee.” .

   Effective date note
   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.

8. 2022

   Department of State Authorization Act of 2022

   Pub. L. 117–263 div. I title XCVII § 9705 · 136 Stat. 2395

   Amended · 22 U.S.C. § 6209

   Pub. L. 117–263 amended section generally. Prior to amendment, section related to broadcast entities reporting to Chief Executive Officer

   Source evidence

   Code amendment note
   Pub. L. 117–263 amended section generally. Prior to amendment, section related to broadcast entities reporting to Chief Executive Officer.

   Enacted provision · exact public law section
   SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE INTO A SINGLE PRIVATE, NONPROFIT CORPORATION.   Section 310 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended. to read as follows: “SEC. 310. 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, United States Code; 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 regular 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 instrumentality. “(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 organization 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 Advisory Board pursuant to section 306.” .

8 of 8 references resolved to an enrolled provision