[USC02] 22 USC CHAPTER 74, SUBCHAPTER III: UNITED STATES INFORMATION AGENCY
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22 USC CHAPTER 74, SUBCHAPTER III: UNITED STATES INFORMATION AGENCY
From Title 22—FOREIGN RELATIONS AND INTERCOURSECHAPTER 74—FOREIGN AFFAIRS AGENCIES CONSOLIDATION

SUBCHAPTER III—UNITED STATES INFORMATION AGENCY

Part A—Abolition and Transfer of Functions

§6531. Abolition of United States Information Agency

The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) is abolished.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1311, Oct. 21, 1998, 112 Stat. 2681–776.)

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

Effective Date

Pub. L. 105–277, div. G, subdiv. A, title XIII, §1301, Oct. 21, 1998, 112 Stat. 2681–776, provided that: "This title [see Tables for classification], and the amendments made by this title, shall take effect on the earlier of—

"(1) October 1, 1999; or

"(2) the date of abolition [Oct. 1, 1999] of the United States Information Agency pursuant to the reorganization plan described in section 1601 [22 U.S.C. 6601]."

§6532. Transfer of functions

(a) In general

There are transferred to the Secretary of State all functions of the Director of the United States Information Agency and all functions of the United States Information Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this subchapter.

(b) Exception

Subsection (a) does not apply to the Broadcasting Board of Governors, the International Broadcasting Bureau, or any function performed by the Board or the Bureau.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1312, Oct. 21, 1998, 112 Stat. 2681–776.)

References in Text

For the effective date of this subchapter, referred to in subsec. (a), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

§6533. Abolition of Office of Inspector General of United States Information Agency and transfer of functions

(a) Abolition of Office

The Office of Inspector General of the United States Information Agency is abolished.

(b) to (d) Omitted

(e) Transfer of functions

There are transferred to the Office of the Inspector General of the Department of State and the Foreign Service the functions that the Office of Inspector General of the United States Information Agency exercised before the effective date of this subchapter (including all related functions of the Inspector General of the United States Information Agency).

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1314, Oct. 21, 1998, 112 Stat. 2681–776.)

References in Text

For the effective date of this subchapter, referred to in subsec. (e), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.

Codification

Section is comprised of section 1314 of Pub. L. 105–277. Subsec. (b) of section 1314 of Pub. L. 105–277 amended section 11 of the Inspector General Act of 1978, set out in the Appendix to Title 5, Government Organization and Employees, and subsecs. (c) and (d) of section 1314 of Pub. L. 105–277 amended section 5315 of Title 5 and section 6207 of this title, respectively.

Part B—International Broadcasting

§6541. Congressional findings and declaration of purpose

Congress finds that—

(1) it is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom "to seek, receive, and impart information and ideas through any media and regardless of frontiers", in accordance with Article 19 of the Universal Declaration of Human Rights;

(2) open communication of information and ideas among the peoples of the world contributes to international peace and stability, and the promotion of such communication is in the interests of the United States;

(3) it is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this part and the United States International Broadcasting Act of 1994 [22 U.S.C. 6201 et seq.]; and

(4) international broadcasting is, and should remain, an essential instrument of United States foreign policy.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1321, Oct. 21, 1998, 112 Stat. 2681–777.)

References in Text

This part, referred to in par. (3), was in the original "this chapter", meaning chapter 3 (§§1321–1328) of title XIII of subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–777. For complete classification of chapter 3 to the Code, see Tables.

The United States International Broadcasting Act of 1994, referred to in par. (3), is title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, as amended, which is classified principally to chapter 71 (§6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

§6542. Transfer of broadcasting related funds, property, and personnel

(a) Transfer and allocation of property and appropriations

(1) In general

The assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 6543(d) of this title), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices of USIA transferred to the Broadcasting Board of Governors by this part shall be transferred to the Broadcasting Board of Governors for appropriate allocation.

(2) Additional transfers

In addition to the transfers made under paragraph (1), there shall be transferred to the Chairman of the Broadcasting Board of Governors the assets, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds, as determined by the Secretary, in concurrence with the Broadcasting Board of Governors, to support the functions transferred by this part.

(b) Transfer of personnel

Notwithstanding any other provision of law—

(1) except as provided in subsection (c), all personnel and positions of USIA employed or maintained to carry out the functions transferred by this part to the Broadcasting Board of Governors shall be transferred to the Broadcasting Board of Governors at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer; and

(2) the personnel and positions of USIA, as determined by the Secretary of State, with the concurrence of the Broadcasting Board of Governors and the Director of USIA, to support the functions transferred by this part shall be transferred to the Broadcasting Board of Governors, including the International Broadcasting Bureau, at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer.

(c) Transfer and allocation of property, appropriations, and personnel associated with Worldnet

USIA personnel responsible for carrying out interactive dialogs with foreign media and other similar overseas public diplomacy programs using the Worldnet television broadcasting system, and funds associated with such personnel, shall be transferred to the Department of State in accordance with the provisions of subchapter VI of this chapter.

(d) Incidental transfers

The Director of the Office of Management and Budget, when requested by the Broadcasting Board of Governors, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions and offices transferred from USIA, as may be necessary to carry out the provisions of this section.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1326, Oct. 21, 1998, 112 Stat. 2681–782.)

References in Text

This part, referred to in subsecs. (a) and (b), was in the original "this chapter", meaning chapter 3 (§§1321–1328) of title XIII of subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–777. For complete classification of chapter 3 to the Code, see Tables.

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

§6543. Savings provisions

(a) Continuing legal force and effect

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—

(1) that 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 exercised by the Broadcasting Board of Governors of the United States Information Agency on the day before the effective date of this subchapter, and

(2) that are in effect at the time this subchapter takes effect, or were final before the effective date of this subchapter and are to become effective on or after the effective date of this subchapter,


shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Broadcasting Board of Governors, or other authorized official, a court of competent jurisdiction, or by operation of law.

(b) Pending proceedings

(1) In general

The provisions of this part, or amendments made by this part, shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Broadcasting Board of Governors of the United States Information Agency at the time this subchapter takes effect, with respect to functions exercised by the Board as of the effective date of this subchapter but such proceedings and applications shall be continued.

(2) Orders, appeals, and payments

Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this part 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.

(3) Statutory construction

Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this part had not been enacted.

(c) Nonabatement of proceedings

No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Broadcasting Board of Governors, or any commission or component thereof, shall abate by reason of the enactment of this part. No cause of action by or against the Broadcasting Board of Governors, or any commission or component thereof, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this part.

(d) Continuation of proceedings with substitution of parties

(1) Substitution of parties

If, before the effective date of this subchapter, USIA or the Broadcasting Board of Governors, or any officer thereof in the official capacity of such officer, is a party to a suit which is related to the functions transferred by this part, then effective on such date such suit shall be continued with the Broadcasting Board of Governors or other appropriate official of the Board substituted or added as a party.

(2) Liability of the Board

The Board shall participate in suits continued under paragraph (1) where the Broadcasting Board of Governors or other appropriate official of the Board is added as a party and shall be liable for any judgments or remedies in those suits or proceedings arising from the exercise of the functions transferred by this part to the same extent that USIA would have been liable if such judgment or remedy had been rendered on the day before the abolition of USIA.

(e) Administrative actions relating to promulgation of regulations

Any administrative action relating to the preparation or promulgation of a regulation by the Broadcasting Board of Governors relating to a function exercised by the Board before the effective date of this subchapter may be continued by the Board with the same effect as if this part had not been enacted.

(f) References

Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Broadcasting Board of Governors of the United States Information Agency with regard to functions exercised before the effective date of this subchapter, shall be deemed to refer to the Board.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1327, Oct. 21, 1998, 112 Stat. 2681–783.)

References in Text

For the effective date of this subchapter, referred to in subsecs. (a), (b)(1), (d)(1), (e), and (f), meaning the effective date of title XIII of subdiv. A of div. G of Pub. L. 105–277, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of this title.

This part, referred to in subsecs. (b) to (e), was in the original "this chapter", meaning chapter 3 (§§1321–1328) of title XIII of subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–777. For complete classification of chapter 3 to the Code, see Tables.

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

§6544. Report on privatization of RFE/RL, Incorporated

Not later than March 1 of each year, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report on the progress of the Board and of RFE/RL, Incorporated, on any steps taken to further the policy declared in section 6211(a) of this title. The report under this subsection shall include the following:

(1) Efforts by RFE/RL, Incorporated, to terminate individual language services.

(2) A detailed description of steps taken with regard to section 6211(a) of this title.

(3) An analysis of prospects for privatization over the coming year.

(4) An assessment of the extent to which United States Government funding may be appropriate in the year 2000 and subsequent years for surrogate broadcasting to the countries to which RFE/RL, Incorporated, broadcast during the year. This assessment shall include an analysis of the environment for independent media in those countries, noting the extent of government control of the media, the ability of independent journalists and news organizations to operate, relevant domestic legislation, level of government harassment and efforts to censor, and other indications of whether the people of such countries enjoy freedom of expression.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1328, Oct. 21, 1998, 112 Stat. 2681–784.)

Change of Name

Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.

Part C—Conforming Amendments

§6551. References

(a) In general

Except as otherwise provided in this chapter, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—

(1) the Director of the United States Information Agency or the Director of the International Communication Agency shall be deemed to refer to the Secretary of State; and

(2) the United States Information Agency, USIA, or the International Communication Agency shall be deemed to refer to the Department of State.

(b) Continuing references to USIA or Director

Subsection (a) shall not apply to section 4069a(f), 4069b(g), or 4069c(f) of this title.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1331, Oct. 21, 1998, 112 Stat. 2681–785.)

References in Text

This chapter, referred to in subsec. (a), was in the original "this subdivision", meaning subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–765, known as the Foreign Affairs Agencies Consolidation Act of 1998. For complete classification of this subdivision to the Code, see Short Title note set out under section 6501 of this title and Tables.

Section 4069a(f), 4069b(g), or 4069c(f) of this title, referred to in subsec. (b), was in the original "section 146(a), (b), or (c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991" meaning section 146(a), (b), (c) of Pub. L. 101–246, title I, Feb. 16, 1990, 104 Stat. 37, which amended sections 830, 831, and 832, respectively, of the Foreign Service Act of 1980, by adding subsecs. (f), (g), and (f), respectively, to those sections which are classified to sections 4069a(f), 4069b(g), and 4069c(f) of this title.

§6552. Application of certain laws

(a) Application to functions of Department of State

Section 1461 of this title, section 1461–1 of this title, and section 1461–1a of this title shall not apply to public affairs and other information dissemination functions of the Secretary of State as carried out prior to any transfer of functions pursuant to this chapter.

(b) Application to functions transferred to Department of State

Section 1461 of this title, section 1461–1 of this title, and section 1461–1a of this title shall apply only to public diplomacy programs of the Director of the United States Information Agency as carried out prior to any transfer of functions pursuant to this chapter to the same extent that such programs were covered by these provisions prior to such transfer.

(c) Limitation on use of funds

(1) Except as provided in section 1461 of this title and section 1461–1a of this title, funds specifically authorized to be appropriated for such public diplomacy programs, identified as public diplomacy funds in any Congressional Presentation Document described in subsection (e), or reprogrammed for public diplomacy purposes, shall not be used to influence public opinion in the United States, and no program material prepared using such funds shall be distributed or disseminated in the United States.

(2) Construction.—Nothing in paragraph (1) may be construed (A) to interfere with the integration of administrative resources between public diplomacy and other functions of the Department of State or to prevent the occasional performance of functions other than public diplomacy by officials or employees of the Department of State who are primarily assigned to public diplomacy, provided there is no substantial resulting diminution in the amount of resources devoted to public diplomacy below the amounts described in paragraph (1), or (B) to supersede reprogramming procedures.

(d) Reporting requirements

The report submitted pursuant to section 6601(f) of this title shall include a detailed statement of the manner in which the special mission of public diplomacy carried out by USIA prior to the transfer of functions under this chapter shall be preserved within the Department of State, including the planned duties and responsibilities of any new bureaus that will perform such public diplomacy functions. Such report shall also include the best available estimates of—

(1) the amounts expended by the Department of State for public affairs programs during fiscal year 1998, and on the personnel and support costs for such programs;

(2) the amounts expended by USIA for its public diplomacy programs during fiscal year 1998, and on the personnel and support costs for such programs; and

(3) the amounts, including funds to be transferred from USIA and funds appropriated to the Department, that will be allocated for the programs described in paragraphs (1) and (2), respectively, during the fiscal year in which the transfer of functions from USIA to the Department occurs.

(e) Congressional Presentation Document

The Department of State's Congressional Presentation Document for fiscal year 2000 and each fiscal year thereafter shall include—

(1) the aggregated amounts that the Department will spend on such public diplomacy programs and on costs of personnel for such programs, and a detailed description of the goals and purposes for which such funds shall be expended; and

(2) the amount of funds allocated to and the positions authorized for such public diplomacy programs, including bureaus to be created upon the transfer of functions from USIA to the Department.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1333, Oct. 21, 1998, 112 Stat. 2681–785; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title III, §304], Nov. 29, 1999, 113 Stat. 1536, 1501A-434.)

References in Text

This chapter, referred to in subsecs. (a), (b), and (d), was in the original "this subdivision", meaning subdiv. A of div. G of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–765, known as the Foreign Affairs Agencies Consolidation Act of 1998. For complete classification of this subdivision to the Code, see Short Title note set out under section 6501 of this title and Tables.

Amendments

1999—Subsec. (c). Pub. L. 106–113 designated existing provisions as par. (1), inserted ", identified as public diplomacy funds in any Congressional Presentation Document described in subsection (e), or reprogrammed for public diplomacy purposes," after "diplomacy programs", and added par. (2).

§6553. Sunset of United States Advisory Commission on Public Diplomacy

The United States Advisory Commission on Public Diplomacy, established under section 1469 of this title and section 8 of Reorganization Plan Numbered 2 of 1977, shall continue to exist and operate under such provisions of law until October 1, 2020.

(Pub. L. 105–277, div. G, subdiv. A, title XIII, §1334, Oct. 21, 1998, 112 Stat. 2681–786; Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446; Pub. L. 107–77, title IV, §407(a), Nov. 28, 2001, 115 Stat. 790; Pub. L. 109–108, title IV, §410, Nov. 22, 2005, 119 Stat. 2327; Pub. L. 110–21, §1, May 2, 2007, 121 Stat. 87; Pub. L. 111–70, §1, Oct. 9, 2009, 123 Stat. 2057; Pub. L. 112–239, div. A, title XII, §1280(d)(1), Jan. 2, 2013, 126 Stat. 2033; Pub. L. 114–323, title VII, §702(a), Dec. 16, 2016, 130 Stat. 1940.)

References in Text

Section 8 of Reorganization Plan Numbered 2 of 1977, referred to in text, is set out as a note under section 1461 of this title and in the Appendix to Title 5, Government Organization and Employees.

Amendments

2016Pub. L. 114–323 substituted "October 1, 2020" for "October 1, 2015".

2013Pub. L. 112–239 substituted "October 1, 2015" for "October 1, 2010".

2009Pub. L. 111–70 substituted "October 1, 2010" for "October 1, 2009".

2007Pub. L. 110–21 substituted "October 1, 2009" for "October 1, 2006".

2005Pub. L. 109–108 substituted "October 1, 2006" for "October 1, 2005".

2001Pub. L. 107–77 substituted "October 1, 2005" for "October 1, 2001".

1999Pub. L. 106–113 amended section catchline and text generally, substituting present provisions for provisions which had abolished the United States Advisory Commission on Public Diplomacy, repealed section 1469 of this title, and amended Reorganization Plan No. 2 of 1977.

Effective Date of 2016 Amendment

Pub. L. 114–323, title VII, §702(b), Dec. 16, 2016, 130 Stat. 1940, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 2016. Any lapse in powers, authorities, or responsibilities of the United States Advisory Commission on Public Diplomacy from the period beginning on October 1, 2016, and ending on the date of the enactment of this Act [Dec. 16, 2016], shall be deemed to have not so lapsed."

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title XII, §1280(d)(2), Jan. 2, 2013, 126 Stat. 2033, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2010."

Effective Date of 2001 Amendment

Pub. L. 107–77, title IV, §407(b), Nov. 28, 2001, 115 Stat. 790, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 [H.R. 3427, as enacted by Pub. L. 106-113, div. B, §1000(a)(7)]."

Effective Date of 1999 Amendment

Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title IV, §404(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-447, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Foreign Affairs Reform and Restructuring Act of 1998 [Pub. L. 105–277, div. G, see Short Title note set out under section 6501 of this title]."

Continuation of United States Advisory Commission on Public Diplomacy

Pub. L. 114–113, div. K, title VII, §7034(k)(12), Dec. 18, 2015, 129 Stat. 2766, provided that: "Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied by substituting 'September 30, 2016' for 'October 1, 2015'."