### §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 United States Agency for Global Media 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 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 enacted 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 "Broadcasting 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 Governors [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 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."