§6205 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Creates an International Broadcasting Advisory Board that must give advice to the Chief Executive Officer of the U.S. Agency for Global Media. The Board has seven members: six picked by the President and confirmed by the Senate, and the Secretary of State who serves while in office. The President, with Senate approval, picks one of the six as Chair. No more than three presidential appointees may be from the same political party. Most members serve a single 4-year term, but the first six appointees get staggered terms of 2, 4, or 6 years after the enactment of the U.S. Agency for Global Media Reform Act. If a seat opens, the President names a replacement who serves the rest of the term. An Acting Secretary of State serves on the Board if there is no confirmed Secretary. Appointees must be U.S. citizens, normally not full-time federal employees, and be experienced in public diplomacy, media, or foreign affairs. Four of the appointed members should come from lists provided by the chairs and ranking members of the House Foreign Affairs Committee and the Senate Foreign Relations Committee. The Board must advise the CEO on how to make the agency and its programs more effective, meet at least four times a year (two in person when practical), review budgets and plans before they go to OMB or Congress, protect editorial independence and journalistic standards, and report to Congress as required. The Board must approve appointments or removals of heads of networks or grantees by majority vote; after consulting the CEO, five or more members can remove a head. The Board handles grantee suspensions and debarments only after consulting the CEO and by a three‑fourths vote, following the criteria in 22 C.F.R. §§513.405 and 513.305. Members are paid at the daily rate of Executive Schedule level IV when on duty and may get travel expenses; the Secretary of State is not paid but may get travel costs. The CEO must provide an executive secretary and staff from current agency employees.

Title 22, §6205

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The International Broadcasting Advisory Board (referred to in this section as the “Advisory Board”) shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. The Advisory Board as established shall exist within the executive branch as an entity described in section 104 of title 5.

(b)(1)The Advisory Board shall consist of seven members, of whom—

(A)six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and

(B)one shall be the Secretary of State.

(2)The President shall designate, with the advice and consent of the Senate, one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.

(3)Not more than three members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party.

(4)(A)Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)—

(i)two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;

(ii)two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and

(iii)two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.

(B)The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State.

(5)(A)The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term.

(B)Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.

(C)Any member whose term has expired shall continue to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate.

(D)When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed.

(c)In identifying individuals for appointment to the Advisory Board under subsection (a), the President shall appoint United States citizens—

(1)who, with the exception of the Secretary of State, are not regular, full-time employees of the United States Government; and

(2)who are distinguished in the fields of public diplomacy, mass communications, print, broadcast or digital media, or foreign affairs, of whom—

(A)one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Affairs of the House of Representatives;

(B)one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives;

(C)one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Relations of the Senate; and

(D)one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Relations of the Senate.

(d)The members of the Advisory Board shall—

(1)provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming;

(2)meet with the Chief Executive Officer at least four times annually, including twice in person as practicable, and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board;

(3)report periodically, or upon request, to the congressional committees specified in subsection (c)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming;

(4)obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;

(5)consult with the Chief Executive Officer regarding budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress;

(6)advise the Chief Executive Officer to ensure that—

(A)the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and

(B)agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and

(7)provide other strategic input to the Chief Executive Officer.

(e)(1)The heads of Voice of America, the Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or of any other grantee authorized under this chapter may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board.

(2)After consulting with the Chief Executive Officer, five or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1).

(3)(A)A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).

(B)Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.

(C)The Advisory Board may meet in closed sessions in accordance with section 552b of title 5.

(f)(1)Subject to paragraphs (2) and (3), a grantee may not be debarred or suspended without consultation with the Chief Executive Officer and a three-fourths majority vote of the Advisory Board in support of such action.

(2)(A)A grantee may not be suspended unless the Advisory Board determines that the criteria described in section 513.405 of title 22, Code of Federal Regulations, have been met.

(B)The Advisory Board shall collectively serve as the suspending official (as described in section 513.105 of title 22, Code of Federal Regulations).

(3)(A)A grantee may not be debarred unless the Advisory Board determines that one or more of the causes described in section 513.305 of title 22, Code of Federal Regulations, has been established.

(B)The Advisory Board shall collectively serve as the debarring official (as described in section 513.105 of title 22, Code of Federal Regulations).

(g)(1)Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5.

(2)While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in the Government service employed intermittently.

(3)The Secretary of State is not entitled to any compensation under this chapter, but may be allowed travel expenses in accordance with paragraph (2).

(h)The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (d) and (e).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the U.S. Agency for Global Media Reform Act, referred to in subsec. (b)(4)(A), probably means the date of enactment of section 1299Q of Pub. L. 116–283, which was approved Jan. 1, 2021. A bill with that

Short Title

, S. 3654, was introduced in the 115th Congress, 2nd Session, but was not enacted. Provisions similar to those in subsec. (b) of this section, as added by section 1299Q of Pub. L. 116–283, were contained in section 3 of the bill. This chapter, referred to in subsecs. (e)(1) and (f)(3), was in the original “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(d), Jan. 1, 2021, 134 Stat. 4022, 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

2024—Subsecs. (f) to (h). Pub. L. 118–159 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. 2021—Subsec. (a). Pub. L. 116–283, § 1299Q(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Except as provided in subsection (b)(2), the International Broadcasting Advisory Board (referred to in this section as the ‘Advisory Board’) shall consist of five members, including the Secretary of State, appointed by the President and in accordance with subsection (d), to advise the Chief Executive Officer of the Broadcasting Board of Governors, as appropriate.” Subsec. (b). Pub. L. 116–283, § 1299Q(d)(1), added subsec. (b) and struck out former subsec. (b) which related to retention of existing BBG Board Members. Subsec. (c). Pub. L. 116–283, § 1299Q(d)(1)–(3), redesignated subsec. (d) as (c), inserted “Advisory” before “Board” in subsec. heading and “who are” before “distinguished” in par. (2), and struck out former subsec. (c) which related to terms of office. Subsec. (d). Pub. L. 116–283, § 1299Q(d)(4), added subsec. (d). Former subsec. (d) redesignated (c). Subsecs. (e) to (g). Pub. L. 116–283, § 1299Q(d)(4), added subsecs. (e) to (g). 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the role of the Secretary of State in international broadcasting. 1998—Pub. L. 105–277, § 1323(j)(1), substituted “Role of Secretary of State” for “Foreign policy guidance” in section catchline. Subsec. (a). Pub. L. 105–277, § 1323(j)(2)–(4), designated existing provisions as subsec. (a), inserted heading, substituted “State” for “State, acting through the Director of the United States Information Agency,”, and inserted before period at end “, as the Secretary may deem appropriate”. Subsec. (b). Pub. L. 105–277, § 1323(j)(5), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an

Effective Date

note under section 6531 of this title.

§6205 Establishment of the International Broadcasting Advisory Board

Summary

Title 22, §6205

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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