### §6209. 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; 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 6205 of this title.

(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; amended Pub. L. 116–283, div. A, title XII, §§1299P(c)(2), (3), 1299Q(e)(5), (f), Jan. 1, 2021, 134 Stat. 4020, 4025, 4026; Pub. L. 117–263, div. I, title XCVII, §9705, Dec. 23, 2022, 136 Stat. 3915.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsecs. (a), (c), and (d), was so in the original, but probably should have been a reference to "this title", meaning title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, 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 section 6201 of this title and Tables.

#### Codification

Pub. L. 116–283, div. A, title XII, §1299Q(e)(5), (f), Jan. 1, 2021, 134 Stat. 4025, 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.

#### Prior Provisions

A prior section 6209, Pub. L. 103–236, title III, §310, Apr. 30, 1994, 108 Stat. 442, related to transition of transfer of functions from Board for International Broadcasting to United States Information Agency, Board, or Bureau, prior to repeal by Pub. L. 105–277, div. G, subdiv. A, title XIII, §§1301, 1323(l)(2), Oct. 21, 1998, 112 Stat. 2681–776, 2681–780, effective Oct. 1, 1999.

#### Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to broadcast entities reporting to Chief Executive Officer.

2021—Subsec. (a)(1). Pub. L. 116–283, §1299P(c)(3), inserted "the Open Technology Fund," before "and the Middle East Broadcasting Networks".

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

Subsec. (d). Pub. L. 116–283, §1299Q(e)(5), substituted "Agency" for "Board".

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

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

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

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2021 Amendment

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.