22 U.S.C. § 6209 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6209. Broadcast entities reporting to Chief Executive Officer
(a) Consolidation of grantee organizations
(1) In general
The Chief Executive Officer, subject to the regular notification procedures of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, who is authorized to incorporate a grantee, may condition annual grants to RFE/RL, Inc., Radio Free Asia, the Open Technology Fund, and the Middle East Broadcasting Networks on the consolidation of such grantees into a single, consolidated private, non-profit corporation (in accordance with section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title), in such a manner and under such terms and conditions as determined by the Chief Executive Officer, which may broadcast and provide news and information to audiences wherever the agency may broadcast, for activities that the Chief Executive Officer determines are consistent with the purposes of this chapter, including the terms and conditions of subsections (g)(5), (h), (i), and (j) of section 6207 of this title, except that the Agency may select any name for such a consolidated grantee.
(2) Special rule
No State or political subdivision of a State may establish, enforce, or continue in effect any provision of law or legal requirement that is different from, or is in conflict with, any requirement or authority applicable under this chapter relating to the consolidation, incorporation, structure, or dissolution of any grantee under this chapter.
(b) Mission
The consolidated grantee established under subsection (a) shall—
(1) counter state-sponsored propaganda which undermines the national security or foreign policy interests of the United States and its allies;
(2) provide uncensored local and regional news and analysis to people in societies where a robust, indigenous, independent, and free media does not exist;
(3) help countries improve their indigenous capacity to enhance media professionalism and independence, and develop partnerships with local media outlets, as appropriate; and
(4) promote unrestricted access to uncensored sources of information, especially via the internet, and use all effective and efficient mediums of communication to reach target audiences.
(c) Federal status
Nothing in this chapter or any other Act, or any action taken pursuant to this chapter or any other Act, may be construed to make such a consolidated grantee described in subsection (a) or RFE/RL, Inc., Radio Free Asia, the Open Technology Fund, or the Middle East Broadcasting Networks or any other grantee or entity provided funding by the agency a Federal agency or instrumentality. Employees or staff of such grantees or entities may not be Federal employees. For purposes of this section and this chapter, the term “grant” includes agreements under section 6305 of title 31, and the term “grantee” includes recipients of such agreements.
(d) Leadership of grantee organizations
Officers and directors of RFE/RL Inc., Radio Free Asia, the Open Technology Fund, and the Middle East Broadcasting Networks or any organization that is established through the consolidation of such entities, or authorized under this chapter, shall serve at the pleasure of and may be named by the Chief Executive Officer of the Agency.
(e) Maintenance of the existing individual grantee brands
RFE/RL, Incorporated, Radio Free Asia, the Open Technology Fund, and the Middle East Broadcasting Networks, Incorporated should remain brand names under which news and related programming and content may be disseminated by the consolidated grantee. Additional brands may be created as necessary.
(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.
(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.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a), (c), and (d), was in the original a reference to this Act, and was translated as referring 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, to reflect the probable intent of Congress. For complete classification of title III to the Code, see Short Title note set out under section 6201 of this title and Tables.
heading: Codification
text: 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.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: 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.