[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4490 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 4490
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2014
Received; read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
AN ACT
To enhance the missions, objectives, and effectiveness of United States
international communications, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States
International Communications Reform Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and declarations.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Broadcasting standards.
Sec. 6. Eligible broadcast areas.
TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY
Subtitle A--Establishment of the United States International
Communications Agency
Sec. 101. Existence within the Executive Branch.
Sec. 102. Establishment of the board of the United States International
Communications Agency.
Sec. 103. Authorities and duties of the board of the United States
International Communications Agency.
Sec. 104. Establishment of the Chief Executive Officer of the United
States International Communications Agency.
Sec. 105. Authorities and duties of the Chief Executive Officer of the
United States International Communications
Agency.
Sec. 106. Role of the Secretary of State.
Sec. 107. Role of the Inspector General.
Sec. 108. Enhanced coordination between United States International
Communications Agency and the Freedom News
Network; program content sharing; grantee
independence.
Sec. 109. Enhanced coordination among the United States International
Communications Agency, the Freedom News
Network, and the Department of State;
Freedom News Network independence.
Sec. 110. Grants to the Freedom News Network.
Sec. 111. Other personnel and compensation limitations.
Sec. 112. Reporting requirements of the United States International
Communications Agency.
Subtitle B--The Voice of America
Sec. 121. Sense of Congress.
Sec. 122. Principles of the Voice of America.
Sec. 123. Duties and responsibilities of the Voice of America.
Sec. 124. Limitation on voice of America news, programming, and
content; exception for broadcasting to
Cuba.
Sec. 125. Director of Voice of America.
Subtitle C--General Provisions
Sec. 131. Federal agency coordination in support of United States
public diplomacy.
Sec. 132. Federal agency assistance and coordination with the United
States International Communications Agency
and the Freedom News Network during
international broadcast surges.
Sec. 133. Freedom News Network right of first refusal in instances of
Federal disposal of radio or television
broadcast transmission facilities or
equipment.
Sec. 134. Repeal of the United States International Broadcasting Act of
1994.
Sec. 135. Effective date.
TITLE II--THE FREEDOM NEWS NETWORK
Sec. 201. Sense of Congress.
Subtitle A--Consolidation of Existing Grantee Organizations
Sec. 211. Formation of the Freedom News Network from existing grantees.
Sec. 212. Mission of the Freedom News Network.
Sec. 213. Standards and principles of the Freedom News Network.
Subtitle B--Organization of the Freedom News Network
Sec. 221. Governance of the Freedom News Network.
Sec. 222. Budget of the Freedom News Network.
Sec. 223. Assistance from other government agencies.
Sec. 224. Reports by the Office of the Inspector General of the
Department of State; audits by GAO.
Sec. 225. Amendments to the United States Information and Educational
Exchange Act of 1948.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Preservation of United States National Security objectives.
Sec. 302. Requirement for authorization of appropriations.
SEC. 2. FINDINGS AND DECLARATIONS.
Congress finds and declares the following:
(1) United States international broadcasting exists to
advance the United States interests and values by presenting
accurate, objective, and comprehensive news and information,
which is the foundation for democratic governance, to societies
that lack a free media.
(2) Article 19 of the Universal Declaration of Human Rights
states that ``[e]veryone has the right to freedom of opinion
and expression'', and that ``this right includes freedom to
hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless
of frontiers''.
(3) Secretary of State Hillary Clinton testified before the
Committee on Foreign Affairs of the House of Representatives on
January 23, 2013, that the Broadcasting Board of Governors
(BBG) ``is practically a defunct agency in terms of its
capacity to be able to tell a message around the world. So
we're abdicating the ideological arena and need to get back
into it.''.
(4) The BBG, which was created by Congress to oversee the
United States international broadcasting in the wake of the
Cold War, has, because of structural and managerial issues, had
limited success to date in both coordinating the various
components of the international broadcasting framework and
managing the day-to-day operations of the Federal components of
the international broadcasting framework.
(5) The lack of regular attendance by board members and a
periodic inability to form a quorum have plagued the BBG and,
as a result, it has been functionally incapable of running the
agency.
(6) The board of governors has only achieved the full slate
of all nine governors for seven of its 17 years of existence,
which highlights the difficulties of confirming and retaining
governors under the current structure.
(7) Both the Department of State's Office of Inspector
General and the Government Accountability Office have issued
reports which outline a severely dysfunctional organizational
structure of the Broadcasting Board of Governors.
(8) The Inspector General of the Department of State
concluded in its January 2013 report that dysfunction of the
BBG stems from ``a flawed legislative structure and acute
internal dissension''.
(9) The Inspector General of the Department of State also
found that the BBG's structure of nine part-time members
``cannot effectively supervise all United States Government-
supported, civilian international broadcasting'', and its
involvement in day-to-day operations has impeded normal
management functions.
(10) The Government Accountability Office report determined
that there was significant overlap among the BBG's languages
services, and that the BBG did not systematically consider the
financial cost of overlap.
(11) According to the Office of the Inspector General, the
BBG's Office of Contracts is not in compliance with the Federal
Acquisition Regulation, lacks appropriate contract oversight,
and violates the Anti-Deficiency Act. The Office of the
Inspector General also determined that the Broadcasting Board
of Governors has not adequately performed full and open
competitions or price determinations, has entered into hundreds
of personal service contracts without statutory authority, and
contractors regularly work without valid contracts in place.
(12) The size and make-up of the BBG workforce should be
closely examined, given the agency's broader broadcasting and
technical mission, as well as changing media technologies.
(13) The BBG should be structured to ensure that more
taxpayer dollars are dedicated to the substantive,
broadcasting, and information-related elements of the agency's
mission.
(14) The lack of a coherent and well defined mission of the
Voice of America has led to programming that duplicates the
efforts of the Office of Cuba Broadcasting, Radio Free Asia,
RFE/RL, Incorporated, and the Middle East Broadcasting
Networks, Incorporated that results in inefficient use of tax-
payer funding.
(15) The annual survey conducted by the ``Partnership for
Public Service'' consistently ranks the Broadcasting Board of
Governors at or near the bottom of all Federal agencies in
terms of ``overall best places to work'' and ``the extent to
which employees feel their skills and talents are used
effectively''. The consistency of these low scores point to
structural, cultural, and functional problems at the
Broadcasting Board of Governors.
(16) The Federal and non-Federal organizations that
comprise the United States international broadcasting framework
have different, yet complementary, missions that necessitate
coordination at all levels of management.
(17) The Broadcasting Board of Governors has an
overabundance of senior civil service positions, defined here
as full-time employees encumbering GS-14 and GS-15 positions on
the General Schedule pay scale.
(18) United States international broadcasting should seek
to leverage public-private partnerships, including the
licensing of content and the use of technology owned or
operated by non-governmental sources, where possible to expand
outreach capacity.
(19) Shortwave broadcasting has been an important method of
communication that should be utilized in regions as a component
of United States international broadcasting where a critical
need for the platform exists.
(20) Congressional action is necessary at this time to
improve international broadcasting operations, strengthen the
United States public diplomacy efforts, enhance the grantee
surrogate broadcasting effort, restore focus to news,
programming, and content, and maximize the value of Federal and
non-Federal resources that are dedicated to public diplomacy
and international broadcasting.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To provide objective, accurate, credible, and
comprehensive news and information to societies that lack
freedom of expression and information.
(2) To improve the efficiency, effectiveness, and
flexibility of United States international broadcasting to
allow it to adapt to constantly changing political and media
environments through clarification of missions, improved
coordination, and organizational restructuring.
(3) To coordinate the complementary efforts of the
Department of State and United States international
broadcasting.
(4) To create a United States international broadcasting
framework that more effectively leverages the broadcasting
tools available and creates specialization of expertise in
mission oriented programming, while minimizing waste and
inefficiency.
(5) To improve United States international broadcasting
workforce effectiveness, security, and satisfaction.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Foreign Relations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate.
(2) Grantee.--The term ``grantee'' means the non-Federal
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code as of day before the date of the enactment of this
Act that receives Federal funding from the Broadcasting Board
of Governors, and includes Radio Free Asia, RFE/RL,
Incorporated, and the Middle East Broadcasting Networks,
Incorporated.
(3) Freedom news network.--The term ``Freedom News
Network'' refers to the non-Federal organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that would
receive Federal funding and be responsible for promoting
democratic freedoms and free media operations for foreign
audiences in societies that lack freedom of expression and
information, and consisting of the consolidation of the grantee
in accordance with section 211.
(4) Public diplomacy.--The term ``public diplomacy'' means
the effort to achieve broad United States foreign policy goals
and objectives, advance national interests, and enhance
national security by informing and influencing foreign publics
and by expanding and strengthening the relationship between the
people and Government of the United States and citizens of
other countries.
SEC. 5. BROADCASTING STANDARDS.
United States international broadcasting shall incorporate the
following standards into all of its broadcasting efforts:
(1) Be consistent with the broad foreign policy objectives
of the United States.
(2) Be consistent with the international telecommunications
policies and treaty obligations of the United States.
(3) Not duplicate the activities of private United States
broadcasters.
(4) Be conducted in accordance with the highest
professional standards of broadcast journalism while remaining
consistent with and supportive of the broad foreign policy
objectives of the United States.
(5) Be based on reliable, research-based information, both
quantitative and qualitative, about its potential audience.
(6) Be designed so as to effectively reach a significant
audience.
(7) Promote freedom of expression, religion, and respect
for human rights and human equality.
SEC. 6. ELIGIBLE BROADCAST AREAS.
(a) In General.--The Board of the United States International
Communications Agency and the Board of the Freedom News Network, in
consultation with the Secretary of State, shall ensure that United
States international broadcasting is conducted only to countries and
regions that--
(1) lack democratic rule, or the indicia of democratic
rule, such as demonstrable proof of free and fair elections;
(2) lack the legal and political environment that allows
media organizations and journalists to operate free from
government-led or permitted harassment, intimidation,
retribution, and from economic impediments to the development,
production, and dissemination of news and related programming
and content;
(3) lack established, domestic, and widely accessible media
that provide accurate, objective, and comprehensive news and
related programming and content; and
(4) by virtue of the criteria described in this subsection,
would benefit the national security and related interests of
the United States, and the safety and security of United States
citizens at home and abroad.
(b) Exception.--The United States International Communications
Agency and the Freedom News Network may broadcast to countries that
fall outside of the criteria described in subsection (a) if the Chief
Executive Officer of the Agency and the Freedom News Network, in
consultation with the Secretary of State, determine it is in the
national security interest of the United States, or in the interests of
preserving the safety and security of United States citizens at home
and abroad, to do so.
TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY
Subtitle A--Establishment of the United States International
Communications Agency
SEC. 101. EXISTENCE WITHIN THE EXECUTIVE BRANCH.
There is hereby established a single Federal organization
consisting of the Voice of America and the offices that constitute the
International Broadcasting Bureau and referred to hereafter as the
``United States International Communications Agency'', which shall
exist within the executive branch of Government as an independent
establishment described in section 104 of title 5, United States Code.
SEC. 102. ESTABLISHMENT OF THE BOARD OF THE UNITED STATES INTERNATIONAL
COMMUNICATIONS AGENCY.
(a) Composition of the Board of the United States International
Communications Agency.--
(1) In general.--The Board (in this section referred to as
the ``Board'') of the United States International
Communications Agency shall consist of nine members, as
follows:
(A) Eight voting members who shall be appointed by
the President, by and with the advice and consent of
the Senate.
(B) The Secretary of State, who shall also be a
voting member.
(2) Chair.--The President shall appoint one member (other
than the Secretary of State) as Chair of the Board, by and with
the advice and consent of the Senate.
(3) Political affiliation.--Exclusive of the Secretary of
State, not more than four members of the Board shall be of the
same political party.
(4) Retention of existing bbg members.--The presidentially-
appointed and Senate-confirmed members of the Broadcasting
Board of Governors serving as of the date of the enactment of
this Act shall constitute the Board of the United States
International Communications Agency and hold office the
remainder of their original terms of office without
reappointment to the Board.
(b) Term of Office.--The term of office of each member of the Board
shall be 3 years, except that the Secretary of State shall remain a
member of the Board during the Secretary's term of service. Of the
other eight voting members, the initial terms of office of two members
shall be 1 year, and the initial terms of office of three other members
shall be 2 years, as determined by the President. The President shall
appoint, by and with the advice and consent of the Senate, Board
members to fill vacancies occurring prior to the expiration of a term,
in which case the members so appointed shall serve for the remainder of
such term. Members may not serve beyond their terms. When there is no
Secretary of State, the Acting Secretary of State shall serve as a
member of the Board until a Secretary is appointed.
(c) Selection of Board.--Members of the Board shall be citizens of
the United States who are not regular full-time employees of the United
States Government. Such members shall be selected by the President from
among citizens distinguished in the fields of public diplomacy, mass
communications, print, broadcast media, or foreign affairs.
(d) Compensation.--Members of the Board, while attending meetings
of the Board or while engaged in duties relating to such meetings or in
other activities of the Board pursuant to 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, United States Code.
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, in accordance with section 5703 of such title for persons
in the Government service employed intermittently. The Secretary of
State shall not be entitled to any compensation under this chapter.
(e) Decisions.--Decisions of the Board shall be made by majority
vote, a quorum being present. A quorum shall consist of a majority of
members then serving at the time a decision of the Board is made.
(f) Transparency.--The Board of the United States International
Communications Agency shall adhere to the provisions specified in the
Government in the Sunshine Act (Public Law 94-409).
SEC. 103. AUTHORITIES AND DUTIES OF THE BOARD OF THE UNITED STATES
INTERNATIONAL COMMUNICATIONS AGENCY.
The Board of the United States International Communications Agency
shall have the following authorities:
(1) To review and evaluate the mission and operation of,
and to assess the quality, effectiveness, and professional
integrity of, all programming produced by the United States
International Communications Agency to ensure alignment with
the broad foreign policy objectives of the United States.
(2) To ensure that broadcasting of the United States
International Communications Agency is conducted in accordance
with the standards specified in section 5.
(3) To review, evaluate, and recommend to the Chief
Executive of the United States International Communications
Agency, at least annually, in consultation with the Secretary
of State, the necessity of adding or deleting of language
services of the Agency.
(4) To submit to the President and Congress an annual
report which summarizes and evaluates activities of the United
States International Communications Agency described in this
title.
SEC. 104. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY.
(a) In General.--There shall be a Chief Executive Officer of the
United States International Communications Agency, appointed by the
Board of the Agency for a five-year term, renewable at the Board's
discretion, and subject to the provisions of title 5, United States
Code, governing appointments, classification, and compensation.
(b) Qualifications.--The Chief Executive Officer shall be selected
from among United States citizens with two or more of the following
qualifications:
(1) A distinguished career in managing a large organization
or Federal agency.
(2) Experience in the field of mass communications, print,
or broadcast media.
(3) Experience in foreign affairs or international
relations.
(4) Experience in directing United States public diplomacy
programs.
(c) Termination and Transfer.--Immediately upon appointment of the
Chief Executive Officer under subsection (a), the Director of the
International Broadcasting Bureau shall be terminated, and all of the
responsibilities and authorities of the Director shall be transferred
to and assumed by the Chief Executive Officer.
(d) Removal of Chief Executive Officer.--The Chief Executive
Officer under subsection (a) may be removed upon a two-thirds majority
vote of the members of the Board of the United States International
Communications Agency then serving.
(e) Compensation of the Chief Executive Officer.--Any Chief
Executive Officer of the United States International Communications
Agency hired after the date of the enactment of this Act, shall be
eligible to receive compensation up to an annual rate of pay equivalent
to level I of the Executive Schedule under section 5315 of title 5,
United States Code.
SEC. 105. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER OF THE
UNITED STATES INTERNATIONAL COMMUNICATIONS AGENCY.
(a) Duties.--The Chief Executive Officer under section 104 shall
direct operations of the United States International Communications
Agency and shall have the following non-delegable authorities, subject
to the supervision of the Board of the United States International
Communications Agency:
(1) To supervise all Federal broadcasting activities
conducted pursuant to title V of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.)
and the Voice of America as described in subtitle B of title I
of this Act.
(2) To make and ensure compliance with the terms and
conditions of the grant agreement in accordance with section
110.
(3) To review engineering activities to ensure that all
broadcasting elements receive the highest quality and cost-
effective delivery services.
(4) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under the
authority of the United States International Communications
Agency could be made more efficient and economical.
(5) To the extent considered necessary to carry out the
functions of the Board, procure supplies, services, and other
personal property, as well as procurement pursuant to section
1535 of title 31, United States Code (commonly referred to as
the ``Economy Act''), of such goods and services from other
Federal agencies for the Board as the Board determines are
appropriate.
(6) To appoint such staff personnel for the Board as the
Board may determine to be necessary, subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and to fix their compensation in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates.
(7) To obligate and expend, for official reception and
representation expenses, such amounts as may be made available
through appropriations Acts.
(8) To make available in the annual reports required under
section 103 information on funds expended on administrative and
managerial services by the Board of the United States
Communications Agency, and the steps the Board has taken to
reduce unnecessary overhead costs for each of the broadcasting
services.
(9) To provide for the use of United States Government
broadcasting capacity to the Freedom News Network.
(10)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109 of
title 5, United States Code, at rates not to exceed the daily
equivalent of the rate provided for positions classified above
grade GS-15 of the General Schedule under section 5108 of such
title.
(B) To allow those individuals providing such services,
while away from their homes or their regular places of
business, travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently, while so employed.
(11) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), and
section 6 of Reorganization Plan Number 2 of 1977, as in effect
on the day before the effective date of title XIII of the
Foreign Affairs Agencies Consolidation Act of 1998, to the
extent the Board considers necessary to carry out the
provisions and purposes of this Act.
(12) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that
had been available to the Director of the United States
Information Agency, the International Broadcasting Bureau, or
the Board of the Broadcasting Board of Governors before the
date of the enactment of this Act.
(13)(A) To provide for the payment of primary and secondary
school expenses for dependents of personnel stationed in the
Commonwealth of the Northern Mariana Islands (CNMI) at a cost
not to exceed expenses authorized by the Department of Defense
for such schooling for dependents of members of the Armed
Forces stationed in the Commonwealth, if the Board determines
that schools available in the Commonwealth are unable to
provide adequately for the education of the dependents of such
personnel.
(B) To provide transportation for dependents of such
personnel between their places of residence and those schools
for which expenses are provided under subparagraph (A), if the
Board determines that such schools are not accessible by public
means of transportation.
(b) Consultations.--The Chief Executive Officer of the United
States International Communications Agency shall regularly consult with
the Chief Executive Officer of the Freedom News Network and the
Secretary of State as described in sections 108 and 109.
SEC. 106. ROLE OF THE SECRETARY OF STATE.
To assist the Board of the United States International
Communications Agency in carrying out its functions, the Secretary of
State shall provide to the Board information in accordance with section
109(b), as well as guidance on United States foreign policy and public
diplomacy priorities, as the Secretary determines appropriate.
SEC. 107. ROLE OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of State
shall exercise the same authorities with respect to the United States
International Communications Agency and the Freedom News Network as the
Inspector General exercises with respect to the Department.
(b) Journalist Integrity.--The Inspector General of the Department
of State shall respect the journalistic integrity of all the
broadcasters covered by this Act and may not evaluate the philosophical
or political perspectives reflected in the content of the broadcasts of
such broadcasters.
SEC. 108. ENHANCED COORDINATION BETWEEN UNITED STATES INTERNATIONAL
COMMUNICATIONS AGENCY AND THE FREEDOM NEWS NETWORK;
PROGRAM CONTENT SHARING; GRANTEE INDEPENDENCE.
(a) Meetings.--The chair of the Board and Chief Executive Officer
of the United States International Communications Agency shall meet at
least on a quarterly basis with the chair and Chief Executive Officer,
as identified in section 221, of the Freedom News Network to discuss
mutual issues of concern, including the following:
(1) The strategic direction of their respective
organizations, including target audiences.
(2) Languages of information transmission.
(3) Prioritization of funding allocations.
(4) Areas for greater collaboration.
(5) Elimination of programming overlap.
(6) Efficiencies that can be realized through best
practices and lessons learned.
(7) Sharing of program content.
(b) Information Sharing.--The Chief Executive Officer of the United
States International Broadcasting Agency and the Chief Executive
Officer of the Freedom News Network shall share all strategic planning
documents, including the following:
(1) Results monitoring and evaluation.
(2) Annual planning documents.
(3) Audience surveys conducted.
(4) Budget formulation documents.
(c) Program Content Sharing.--The United States International
Communications Agency and the Freedom News Network shall make all
original content available to each other through a shared platform in
accordance with section 112(a)(3).
(d) Independence of Freedom News Network.--The United States
International Communications Agency, while conducting management of the
grant described in section 110, shall avoid even the appearance of
involvement in daily operations, decisions, and management of the
Freedom News Network, and ensure that the distinctions between the
United States International Communications Agency and Freedom News
Network remain in accordance with this Act.
SEC. 109. ENHANCED COORDINATION AMONG THE UNITED STATES INTERNATIONAL
COMMUNICATIONS AGENCY, THE FREEDOM NEWS NETWORK, AND THE
DEPARTMENT OF STATE; FREEDOM NEWS NETWORK INDEPENDENCE.
(a) Coordination Meetings.--The Chief Executive Officer of the
United States International Communications Agency and the Chief
Executive Officer of the Freedom News Network shall meet, at least on a
quarterly basis, with the Secretary of State to--
(1) review and evaluate broadcast activities;
(2) eliminate overlap of programming; and
(3) determine long-term strategies for international
broadcasting to ensure such strategies are in accordance with
the broad foreign policy interests of the United States.
(b) Strategic Planning Documents.--The Chief Executive Officer of
the United States International Communications Agency, the Chief
Executive Officer of the Freedom News Network, and the Secretary of
State shall share all relevant unclassified strategic planning
documents produced by the Agency, the Freedom News Network, and the
Department of State.
(c) Freedom News Network Independence.--The Department of State,
while coordinating with the Freedom News Network in accordance with
subsection (a), shall avoid even the appearance of involvement in the
daily operations, decisions, and management of the Freedom News
Network.
SEC. 110. GRANTS TO THE FREEDOM NEWS NETWORK.
(a) In General.--The Chief Executive Officer of the United States
International Communications Agency shall make grants to RFE/RL,
Incorporated, Radio Free Asia, or the Middle East Broadcasting
Networks, Incorporated only after the Chief Executive Officer of the
Agency and the Chief Executive Officer of Freedom News Network certify
to the appropriate congressional committees that the headquarters of
the Freedom News Network and its senior administrative and managerial
staff are in a location which ensures economy, operational
effectiveness, and accountability, and the following conditions have
been satisfied:
(1) RFE/RL, Incorporated, Radio Free Asia, and the Middle
East Broadcasting Networks, Incorporated have submitted to the
Chief Executive Officer of the United States International
Communications Agency a plan for consolidation and
reconstitution as described in section 211 under the new
corporate name ``Freedom News Network'' with a single
organizational structure and management framework, as described
in section 221.
(2) The necessary steps towards the consolidation described
in paragraph (1) have been completed, including the selection
of a Board, Chair, and Chief Executive Officer for the Freedom
News Network, the establishment of bylaws to govern the Freedom
News Network, and the filing of articles of incorporation.
(3) A plan for content sharing has been developed in
accordance with section 112(a)(3).
(4) A strategic plan for programming implementation has
been developed in accordance with section 222(c).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Board of the United States International
Communications Agency shall submit to Congress a report on the status
of any grants made to the Freedom News Network.
(c) Alternative Grantee.--If the Chief Executive Officer of the
United States International Communications Agency, after consultation
with the Board of the Agency and the appropriate congressional
committees, determines at any time that the Freedom News Network is not
carrying out the mission described in section 212 and adhering to the
standards and principles described in section 213 in an effective and
economical manner for which a grant has been awarded, the Chief
Executive Officer of the Agency, upon approval of the Board, may award
to another entity the grant at issue to carry out such functions after
soliciting and considering applications from eligible entities in such
manner and accompanied by such information as the Board may require.
(d) Not a Federal Entity.--Nothing in this Act may be construed to
make the Freedom News Network a Federal agency or instrumentality.
(e) Authority.--Grants authorized under this section for the United
States International Communications Agency shall be available to make
annual grants to the Freedom News Network for the purpose of carrying
out the mission described in section 212 and adhering to the standards
and principles described in section 213.
(f) Grant Agreement.--Grants authorized under this section to the
Freedom News Network by the Chief Executive Officer of the United
States International Communications Agency shall only be made in
accordance with a grant agreement. Such grant agreement shall include
the following provisions:
(1) A grant shall be used only for activities in accordance
with carrying out the mission described in section 212 and
adhering to the standards and principles described in section
213.
(2) The Freedom News Network shall comply with the
requirements of this section.
(3) Failure to comply with the requirements of this section
may result in suspension or termination of a grant without
further obligation by the United States International
Communications Agency or the United States.
(4) Use of broadcasting technology owned and operated by
the United States International Communications Agency shall be
made available through an International Cooperative
Administrative Support Service (ICASS) agreement or memorandum
of understanding.
(5) The Freedom News Network shall, upon request, provide
to the Chief Executive Officer of the United States
International Communications Agency documentation which details
the expenditure of any grant funds.
(6) A grant may not be used to require the Freedom News
Network to comply with any requirements other than the
requirements specified in this Act.
(7) A grant may not be used to allocate resources within
the Freedom News Network in a manner that is inconsistent with
the Freedom News Network strategic plan described in section
222(c).
(g) Prohibitions on the Use of Grants.--Grants authorized under
this section may not be used for the following purposes:
(1)(A) Except as provided in subparagraph (B) or (C), to
pay any salary or other compensation, or enter into any
contract providing for the payment of salary or compensation,
in excess of the rates established for comparable positions
under title 5, United States Code, or the foreign relations
laws of the United States, except that no employee may be paid
a salary or other compensation in excess of the rate of pay
payable for level II of the Executive Schedule under section
5315 of such title.
(B) Salary and other compensation limitations under
subparagraph (A) shall not apply with respect to any employee
covered by a union agreement requiring a salary or other
compensation in excess of such limitations before the date of
the enactment of this Act.
(C) Notwithstanding the limitations specified in
subparagraph (A), grants authorized under this section may be
used by the Freedom News Network to pay up to six employees
employed in the Washington, D.C. area, salary or other
compensation not to exceed the rate of pay payable for level I
of the Executive Schedule under section 5314 of title 5, United
States Code, except that such shall not apply to the Chief
Executive Officer of the Freedom News Network in accordance
with section 221(d).
(2) For any activity intended to influence the passage or
defeat of legislation being considered by Congress.
(3) To enter into a contract or obligation to pay severance
payments for voluntary separation for employees hired after
December 1, 1990, except as may be required by United States
law or the laws of the country where such an employee is
stationed.
(4) For first class travel for any employee of the Freedom
News Network, or the relative of any such employee.
SEC. 111. OTHER PERSONNEL AND COMPENSATION LIMITATIONS.
(a) In General.--Subject to the organizational and personnel
restrictions described in subsection (c), the Chief Executive Officer
of the United States International Communications Agency shall have the
discretion to determine the distribution of all personnel within the
Agency, subject to the approval of the Board of the Agency.
(b) Limitation on Compensation.--
(1) In general.--No employee of the United States
International Communications Agency, other than the Chief
Executive Officer or Director of the Voice of America, shall be
eligible to receive compensation at a rate in excess of step 10
of GS-15 of the General Schedule under section 5332 of title 5,
United States Code.
(2) Exception.--The limitation described in paragraph (1)
does not apply in the case of members of the Board in
accordance with section 102(d) or affect the rights of
employees covered under the Fair Labor Standards Act of 1938.
(c) Prohibition on Certain New Employment.--
(1) In general.--Beginning on the date of the enactment of
this Act and ending on the date that is 5 years after such
date, the United States International Communications Agency may
not fill any currently unfilled full-time or part-time position
compensated at an annual rate of basic pay for grade GS-14 or
GS-15 of the General Schedule under section 5332 of title 5,
United States Code, including any currently filled position in
which the incumbent resigns, retires, or otherwise leaves such
position during the such 5-year period.
(2) Waiver.--The Chief Executive Officer of the United
States International Communications Agency may waive the
prohibition specified in paragraph (1) if the position is
determined essential to the functioning of the Agency and
documented as such in the report required under section 112(a),
or necessary for the acquisition of skills or knowledge not
sufficiently represented in the current workforce of the
Agency. The Chief Executive Officer of the Agency shall consult
with the appropriate congressional committees before issuing a
waiver under this paragraph.
(d) Continuation of Federal Status.--Nothing in this Act may be
interpreted to change the Federal status or rights of employees of the
Voice of America or the International Broadcasting Bureau by the
consolidation and establishment of the United States International
Communications Agency.
SEC. 112. REPORTING REQUIREMENTS OF THE UNITED STATES INTERNATIONAL
COMMUNICATIONS AGENCY.
(a) Reorganization Report.--Not later than 180 days after the date
of the enactment of this Act, the Chief Executive Officer of the United
States International Communications Agency shall submit to the
appropriate Congressional committees a report that includes the
following:
(1) A plan to assess and provide recommendations on the
appropriate size and necessity of all current offices and
positions (also referred to as a ``staffing pattern'') within
the Agency, including full-time employee positions rated at the
Senior Executive Service (SES) level or at GS-14 or GS-15 on
the General Schedule under section 5332 of title 5, United
States Code. Such plan shall include a detailed organizational
structure that delineates lines of authority and reporting
between junior staff, management, and leadership.
(2) A plan to consolidate the Voice of America and the
International Broadcasting Bureau into a single Federal entity
identified as the ``United States International Communications
Agency'', and how the structure and alignment of resources
support the fulfillment of the Agency's mission and standards
and principles as described in sections 5 and 122.
(3) A plan for developing a platform to share all
programming content between the United States International
Communications Agency and the Freedom News Network, including
making available for distribution all programming content
licensed or produced by the Agency and the Freedom News
Network, and expanding the functionality of the platforms
already in existence, such as the web content management system
``Pangea''.
(4) A joint plan written with the Chief Executive Officer
of the Freedom News Network to coordinate the transition of
language services between the United States International
Communications Agency and the Freedom News Network in
accordance with sections 6, 123, 124, 212, and 214.
(b) Contracting Report.--The Chief Executive Officer of the United
States International Communications Agency shall annually submit to the
appropriate congressional committees a report on the Agency's
compliance with the Federal Acquisition Regulation (the ``FAR'') and
the Anti-Deficiency Act, including a review of contracts awarded on a
non-competitive basis, compliance with the FAR requirement for
publicizing contract actions, the use of any personal service contracts
without explicit statutory authority, and processes for contract
oversight in compliance with the FAR.
(c) Listenership Report.--The Chief Executive Officer of the United
States International Communications Agency shall annually submit to the
appropriate congressional committees a report that details the
transmission capacities, market penetration, and audience listenership
of all mediums of international communication deployed by the United
States International Communications Agency, including a plan for how
target audiences can be reached if the first medium of delivery is
unavailable.
(d) Gao Report.--Every 5 years after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that reviews the
effectiveness of content sharing between the United States
International Communications Agency and the Freedom News Network and
makes recommendations on how content sharing can be improved.
(e) Language Report.--Not later than 1 year after the date of the
enactment of this Act, the Chief Executive Officer of the United States
International Communications Agency and the Chief Executive Officer of
the Freedom News Network shall submit to the appropriate congressional
committees a joint report detailing--
(1) information outlining the criteria and analysis used to
determine broadcast recipient countries and regions; and
(2) an initial list of broadcast countries and regions.
Subtitle B--The Voice of America
SEC. 121. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Voice of America has been an indispensable element
of United States foreign policy and public diplomacy efforts
since 1942, and should remain the flagship brand of the United
States International Communications Agency;
(2) the Voice of America has been a reliable source of
accurate, objective, and comprehensive news and related
programming and content for the millions of people around the
world who cannot obtain such news and related programming and
content from indigenous media outlets;
(3) the Voice of America's success over more than seven
decades has created valuable brand identity and international
recognition that justifies the maintenance of the Voice of
America;
(4) the Voice of America's public diplomacy mission remains
essential to broader United States Government efforts to
communicate with foreign populations; and
(5) despite its tremendous historical success, the Voice of
America would benefit substantially from a recalibration of
Federal international broadcasting agencies and resources,
which would provide the Voice of America with greater mission
focus and flexibility in the deployment of news, programming,
and content.
SEC. 122. PRINCIPLES OF THE VOICE OF AMERICA.
The Voice of America shall adhere to the following principles in
the course of fulfilling its duties and responsibilities:
(1) Serving as a consistently reliable and authoritative
source of news on the United States, its policies, its people,
and the international developments that affect the United
States.
(2) Providing accurate, objective, and comprehensive
information, with the understanding that these three values
provide credibility among global news audiences.
(3) Presenting the official policies of the United States,
and related discussions and opinions about those policies,
clearly and effectively.
(4) Representing the whole of the United States, and shall
accordingly work to produce programming and content that
presents a balanced and comprehensive projection of the
diversity of thought and institutions of the United States.
SEC. 123. DUTIES AND RESPONSIBILITIES OF THE VOICE OF AMERICA.
The Voice of America shall have the following duties and
responsibilities:
(1) Producing accurate, objective, and comprehensive news
and related programming that is consistent with and promotes
the broad foreign policies of the United States.
(2) Producing news and related programming and content that
accurately represents the diversity of thoughts and
institutions of the United States as a whole.
(3) Presenting the law and policies of the United States
clearly and effectively.
(4) Promoting the civil and responsible exchange of
information and differences of opinion regarding policies,
issues, and current events.
(5) Making all of its produced news and related programming
and content available to the Freedom News Network for use and
distribution.
(6) Producing or otherwise allowing editorials, commentary,
and programming, in consultation with the Department of State,
that present the official views of the United States Government
and its officials.
(7) Maximizing foreign national information access through
both the use of existing broadcasting tools and resources and
the development and dissemination of circumvention technology.
(8) Providing training and technical support for
independent indigenous media and journalist enterprises in
order to facilitate or enhance independent media environments
and outlets abroad.
(9) Reaching identified foreign audiences in local
languages and dialects when possible, particularly when such
audiences form a distinct ethnic, cultural, or religious group
within a country critical to United States national security
interests.
(10) Being capable of providing a broadcasting surge
capacity under circumstances where overseas disasters, crises,
or other events require increased or heightened international
public diplomacy engagement.
SEC. 124. LIMITATION ON VOICE OF AMERICA NEWS, PROGRAMMING, AND
CONTENT; EXCEPTION FOR BROADCASTING TO CUBA.
(a) In General.--Except as provided in subsection (b), the Voice of
America shall be limited to providing reporting in accordance with the
principles specified in section 122. Nothing in this section may
preclude the Voice of America from broadcasting programming content
produced by the Freedom News Network.
(b) Exception for Broadcasting to Cuba.--Radio Marti and Television
Marti, which constitute the Office of Cuba Broadcasting, shall continue
programming and content production consistent with the mission and
activities as described in the Radio Broadcasting to Cuba Act (Public
Law 98-111) and the Television Broadcasting to Cuba Act (Public Law
101-246), and continue existing within the Voice of America of the
United States International Communications Agency, established in
section 101.
SEC. 125. DIRECTOR OF VOICE OF AMERICA.
(a) Establishment.--There shall be a Director of the Voice of
America, who shall be responsible for executing the duties and
responsibilities of the Voice of America described in subsection (b).
(b) Duties and Responsibilities.--The Director of the Voice of
America shall, subject to the final approval of the Chief Executive
Officer of the United States International Communications Agency carry
out the following duties and responsibilities:
(1) Determine the organizational structure of, and
personnel allocation or relocation within, the Voice of
America, subject to section 105.
(2) Make recommendations to the Chief Executive Officer of
the United States International Communications Agency regarding
the production, development, and termination of Voice of
America news programming and content.
(3) Make recommendations to the Chief Executive Officer of
the United States International Communications Agency about the
establishment, termination, prioritization, and adjustments of
language services utilized by the Voice of America to reach its
international audience.
(4) Allocate funding and material resources under the
jurisdiction of the Voice of America for the furtherance of the
other duties and responsibilities established under this
subsection.
(5) Oversee the daily operations of the Voice of America,
including programming content.
(c) Appointment and Qualifications of Director.--
(1) In general.--The position of Director of the Voice of
America shall be filled by a person who shall serve at the
pleasure of the Chief Executive Officer of the United States
International Communications Agency.
(2) Eligibility.--To be eligible to be appointed Director
of the Voice of America, a person shall have at least two of
the following qualifications:
(A) Prior, extensive experience managing or
operating a private-sector media or journalist
enterprise.
(B) Prior, extensive experience managing or
operating a large organization.
(C) Prior, extensive experience engaged in mass
media or journalist program development, including the
development of circumvention technologies.
(D) Prior, extensive experience engaged in
international journalism or other related activities,
including the training of international journalists and
the promotion of democratic institutional reforms
abroad.
(3) Compensation.--Any Director who is hired after the date
of the enactment of this Act shall be entitled to receive
compensation at a rate equal to the annual rate of basic pay
for level III of the Executive Schedule under section 5315 of
title 5, United States Code.
Subtitle C--General Provisions
SEC. 131. FEDERAL AGENCY COORDINATION IN SUPPORT OF UNITED STATES
PUBLIC DIPLOMACY.
(a) In General.--The Board of the United States International
Communications Agency and the Freedom News Network shall conduct
periodic, unclassified consultations with the Department of State, the
United States Agency for International Development, the Department of
Defense, and the Office of the Director of National Intelligence, for
the purpose of assessing the following:
(1) Progress toward democratization, the development of
free and independent media outlets, and the free flow of
information in countries that receive programming and content
from the United States International Communications Agency and
the Freedom News Network.
(2) Foreign languages that have increased or decreased in
strategic importance, and the factors supporting such
assessments.
(3) Any other international developments, including
developments with regional or country-specific significance,
that might be of value in assisting the United States
International Communications Agency and the Freedom News
Network in the development of their programming and content.
(b) Guidance.--The Board of the United States International
Communications Agency shall use the unclassified consultations required
under subsection (a) as guidance for its distribution and calibration
of Federal resources in support of United States public diplomacy.
SEC. 132. FEDERAL AGENCY ASSISTANCE AND COORDINATION WITH THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY AND THE
FREEDOM NEWS NETWORK DURING INTERNATIONAL BROADCAST
SURGES.
(a) In General.--Subject to a formal request from the Chair of the
Board of the United States International Communications Agency, Federal
agency heads shall assist and coordinate with the Agency to facilitate
a temporary broadcasting surge or enhance transmission capacity for
such a temporary broadcasting surge for the Agency, the Freedom News
Network, or both.
(b) Actions.--In accordance with subsection (a), Federal agency
heads shall assist or coordinate with the United States International
Communications Agency by--
(1) supplying or facilitating access to, or use of--
(A) United States Government-owned transmission
capacity, including the use of transmission facilities,
equipment, resources, and personnel; and
(B) other non-transmission-related United States
Government-owned facilities, equipment, resources, and
personnel;
(2) communicating and coordinating with foreign host
governments on behalf of, or in conjunction with, the Agency or
the Freedom News Network;
(3) providing, or assisting in the obtaining of, in-country
security services for the safety and protection of Agency or
Freedom News Network personnel; and
(4) providing or facilitating access to any other United
States Government-owned resources.
(c) Prohibition.--Notwithstanding any other provision of law,
neither Federal agency heads nor their agencies shall receive any
reimbursement or compensatory appropriations for complying with
implementing this section.
SEC. 133. FREEDOM NEWS NETWORK RIGHT OF FIRST REFUSAL IN INSTANCES OF
FEDERAL DISPOSAL OF RADIO OR TELEVISION BROADCAST
TRANSMISSION FACILITIES OR EQUIPMENT.
(a) In General.--Notwithstanding any other provision of law, it
shall be the policy of the United States International Communications
Agency to, in the event it intends to dispose of any radio or
television broadcast transmission facilities or equipment, provide the
Freedom News Network with the right of first refusal with respect to
the acquisition of such facilities and equipment.
(b) Transfer and Disposal.--Pursuant to subsection (a)--
(1) in the event the Freedom News Network is willing to
accept the facilities and equipment referred to in such
subsection, the United States International Communications
Agency shall transfer to the Freedom News Network such
facilities and equipment at no cost to the Freedom News
Network; or
(2) in the event the Freedom News Network opts to not
accept such facilities and equipment, the United States
International Communications Agency may sell such facilities
and equipment at market price, and retain any revenue from such
sales.
(c) Rules Regarding Certain Funds.--Pursuant to subsections (b) and
(c), any revenues that the United States International Communications
Agency shall derive from such sales shall be used entirely for the
purposes or research, development, and deployment of innovative
broadcasting or circumvention technology.
SEC. 134. REPEAL OF THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF
1994.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.; title III of Public Law 103-236) is repealed (and the
items relating to title III in the table of contents of such Public Law
are struck).
SEC. 135. EFFECTIVE DATE.
This title shall take effect on the date that is 180 days after the
date of the enactment of this Act.
TITLE II--THE FREEDOM NEWS NETWORK
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that RFE/RL, Incorporated, Radio Free
Asia, and the Middle East Broadcasting Networks, Incorporated share a
common mission with distinct geographic foci, and should therefore be
merged into a single organization, with distinct marketing brands to
provide the news and related programming and content in countries where
free media are not established.
Subtitle A--Consolidation of Existing Grantee Organizations
SEC. 211. FORMATION OF THE FREEDOM NEWS NETWORK FROM EXISTING GRANTEES.
(a) In General.--When the conditions specified in section 110 are
satisfied, the Freedom News Network, comprised of the consolidation of
RFE/RL Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated, shall exist to carry out all international
broadcasting activities supported by the United States Government, in
accordance with sections 212 and 213.
(b) Maintenance of the Existing Individual Grantee Brands.--RFE/RL,
Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated shall remain brand names under which news and
related programming and content may be disseminated by the Freedom News
Network. Additional brands may be created as necessary.
SEC. 212. MISSION OF THE FREEDOM NEWS NETWORK.
The Freedom News Network established under section 211 shall--
(1) provide uncensored local and regional news and analysis
to people in societies where a robust, indigenous, independent,
and free media does not exist;
(2) strengthen civil societies by promoting democratic
values and promoting equality and the rights of the individual,
including for marginalized groups, such as women and
minorities;
(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 access to uncensored sources of information,
especially via the internet, and use all effective and
efficient mediums of communication to reach target audiences.
SEC. 213. STANDARDS AND PRINCIPLES OF THE FREEDOM NEWS NETWORK.
The broadcasting of the Freedom News Network shall--
(1) be consistent with the broad foreign policy objectives
of the United States;
(2) be consistent with the international telecommunications
policies and treaty obligations of the United States;
(3) be conducted in accordance with the highest
professional standards of broadcast journalism;
(4) be based on reliable information about its potential
audience;
(5) be designed so as to effectively reach a significant
audience; and
(6) prioritize programming to populations in countries
without independent indigenous media outlets.
Subtitle B--Organization of the Freedom News Network
SEC. 221. GOVERNANCE OF THE FREEDOM NEWS NETWORK.
(a) Board of the Freedom News Network.--A board shall oversee the
Freedom News Network and consist of nine individuals with a
demonstrated background in media or the promotion of democracy and
experience in measuring media impact.
(b) Composition of First Board of the Freedom News Network.--Not
later than 90 days after the date of the enactment of this Act, the
Presidents of RFE/RL Incorporated, Radio Free Asia, and the Middle East
Broadcasting Networks shall--
(1) identify, in consultation with the appropriate
congressional committees, candidates for the first board of the
Freedom News Network;
(2) direct the appointment of board members; and
(3) select the first chair of the board of the Freedom News
Network.
(c) Congressional Consultation Regarding the First Board of the
Freedom News Network.--The individuals appointed pursuant to subsection
(b) shall serve as members of the first board of the Freedom News
Network unless a joint resolution of disapproval is enacted.
(d) Operations of the First Board of the Freedom News Network.--
(1) In general.--The board of the Freedom News Network
shall have nine members charged with the sole responsibility to
operate the Freedom News Network within the legal jurisdiction
of its state of incorporation. The board of the Freedom New
Network shall exercise due diligence, and execute its fiduciary
duties to the corporation without conflict of interests and
consistent with section 212. At no time may the United States
International Communications Agency add requirements to a grant
agreement with the Freedom News Network that could be construed
as inappropriate supervision, oversight, or management under
chapter 63 of title 31, United States Code. Nothing in this
title may be construed to make the Freedom News Network an
agency, establishment, or instrumentality of the United States
Government, or to make the members of the board of Freedom News
Network, or the officers or employees of Freedom News Network,
officers of employees of the United States Government.
(2) Bylaws.--The first board of the Freedom News Network
shall write the bylaws of the organization.
(3) Oversight.--The Freedom News Network shall be subject
to the appropriate oversight procedures of Congress.
(4) Term limits.--The board members of the first board of
the Freedom News Network may not serve more than a 3-year term,
and shall be replaced in accordance with the bylaws referred to
in paragraph (2) and the succession process described in
paragraph (5).
(5) Succession of board members.--The board members of the
first board of the Freedom News Network and all subsequent
boards shall fill vacancies on the board due to death,
resignation, removal, or term expiration through an election
process described in the bylaws referred to in paragraph (2)
and in accordance with the principle of a ``self-replenishing''
body.
(6) Selection of board members.--The board members of the
Freedom News Network may not be current employees or officers
of RFE/RL Incorporated, Radio Free Asia, the Middle East
Broadcasting Networks, or the United States International
Communications Agency.
(e) Compensation of Board and Officers of the Freedom News
Network.--Members of the board of the Freedom News Network may not
receive any fee, salary, or remuneration of any kind for their service
as members, except that such members may be reimbursed for reasonable
expenses, such as board-related travel, incurred with approval of the
board upon presentation of vouchers. No officers of the Freedom News
Network, other than the Chief Executive Officer, shall be eligible to
receive compensation at a rate in excess of the annual rate of basic
pay for level II on the Executive Schedule under section 5315 of title
5, United States Code.
(f) Abolishment of Existing Boards.--The boards of directors of
RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated in existence on the day before the date of the
enactment of this Act shall be abolished on the date of the first
official meeting of the first board of the Freedom News Network.
(g) Chief Executive Officer.--The Chief Executive Officer of the
Freedom News Network shall serve at the pleasure of the board of the
Freedom News Network, and be responsible for the day-to-day management
and operations of the Freedom News Network, including the selection of
individuals for management positions, ensuring compliance with all
applicable rules, regulations, laws, and circulars, providing strategic
vision for the execution of its mission as specified in section 212,
and carrying out such other responsibilities as set forth in the laws
of the State of its incorporation.
(h) Plan for Consolidation of Existing Individual Grantees.--
(1) In general.--Not later than 180 days after the date of
the first official meeting of the first board of the Freedom
News Network, the chair of the board of the Freedom News
Network shall submit a report to, and consult with, the
appropriate congressional committees on the plan to consolidate
RFE/RL, Incorporated, Radio Free Asia, and the Middle East
Broadcasting Networks, Incorporated into a single non-Federal
grantee organization.
(2) Components.--The consolidation plan referred to in
paragraph (1) shall include the following components:
(A) The location and distribution of employees,
including administrative, managerial, and technical
staff, of the Freedom News Network that will be located
within and outside the metropolitan area of Washington,
D.C.
(B) An organizational chart identifying the
managerial and supervisory lines of authority among all
employees of the Freedom News Network, including the
members of the board and chair.
(3) Time for implementation.--Not later than 3 years after
the date of the enactment of this Act, the chair of the board
of the Freedom News Network shall fully implement the
consolidation plan referred to in paragraph (1) after
consultation with the appropriate congressional committees.
(4) Report.--Not later than 5 years after the date on which
initial funding is provided for the purpose of operating the
Freedom News Network, the chair of the board of the Freedom
News Network shall submit to the appropriate congressional
committees a report that details the following:
(A) Whether the Freedom News Network is technically
sound and cost-effective.
(B) Whether the Freedom News Network consistently
meets the standards for quality and impact established
by this title.
(C) Whether the Freedom News Network is receiving a
sufficient audience to warrant its continued operation.
(D) The extent to which the Freedom News Network's
programming and content is already being received by
the target audience from other credible indigenous or
external sources.
(E) The extent to which the broad foreign policy
and national security interests of the United States
are being served by maintaining operations of the
Freedom News Network.
SEC. 222. BUDGET OF THE FREEDOM NEWS NETWORK.
(a) In General.--The annual budget of the Freedom News Network
shall consist of the following:
(1) A grant described in section 110, consisting of the
total grants to RFE/RL, Incorporated, Radio Free Asia, and the
Middle East Broadcasting Networks, Incorporated before the date
of the enactment of this Act.
(2) Any grants or transfers from other Federal agencies.
(3) Other funds described in subsection (b).
(b) Other Sources of Funding.--The Freedom News Network may, to the
extent authorized by its board and in accordance with applicable laws
and the mission of the Freedom News Network under section 212 and
eligible broadcast areas under section 6, collect and utilize non-
Federal funds, except that the Freedom News Network may not accept
funds from the following:
(1) Any foreign governments or foreign government
officials.
(2) Any agents, representatives, or surrogates of any
foreign government or foreign government official.
(3) Any foreign-owned corporations or any subsidiaries of
any foreign-owned corporation, regardless of whether such
subsidiary is United States-owned.
(4) Any foreign national or individual who is not either a
citizen or a legal permanent resident of the United States.
(c) Annual Strategic Plan of the Freedom News Network.--The Freedom
News Network shall submit to the appropriate congressional committees
and the United States International Communications Agency an annual
strategic plan to satisfy the requirements specified in section 110.
Each such strategic plan shall outline the following:
(1) The strategic goals and objectives of the Freedom News
Network for the upcoming fiscal year.
(2) The alignment of the Freedom News Network's resources
with the strategic goals and objectives referred to in
paragraph (1).
(3) Clear benchmarks that establish the progress made
towards achieving the strategic goals and objectives referred
to in paragraph (1).
(4) A plan to monitor and evaluate the success of the
Freedom News Network's broadcasting efforts.
(5) A reflective analysis on the activities on the past
fiscal year.
(6) Any changes to facility leases, contracts, or ownership
that would result in the relocation of staff or personnel.
(d) Sense of Congress.--It is the sense of Congress that
administrative and managerial costs for operation of the Freedom News
Network should be kept to a minimum and, to the maximum extent
feasible, should not exceed the costs that would have been incurred if
RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated had been operated as independent grantees or as
a Federal entity within the Voice of America.
SEC. 223. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.
(a) Surplus Properties.--In order to assist the Freedom News
Network in carrying out the provisions of this title, any agency or
instrumentality of the United States may sell, loan, lease, or grant
property (including interests therein) to the Freedom News Network as
necessary.
(b) Facilities and Broadcasting Infrastructure.--The United States
International Communications Agency and the Freedom News Network shall
negotiate an International Cooperative Administrative Support Service
(ICASS) agreement or memorandum of understanding permitting the
continued use of technological infrastructure for broadcasting and
information dissemination, except that the Freedom News Network may
choose to procure such services through negotiated contracts with
private-sector providers.
SEC. 224. REPORTS BY THE OFFICE OF THE INSPECTOR GENERAL OF THE
DEPARTMENT OF STATE; AUDITS BY GAO.
(a) IG Reports.--The Inspector General of the Department of State
shall, as appropriate, submit to the appropriate congressional
committees reports on management practices of the Freedom News Network,
including financial reports on unobligated balances.
(b) GAO Audits.--
(1) In general.--Financial transactions of the Freedom News
Network, as such relate to functions carried out under this
Act, may be audited by the Government Accountability Office in
accordance with such principles and procedures and under such
rules and regulations as may be prescribed by the Comptroller
General of the United States. Any such audit shall be conducted
at the place or places where accounts of the Freedom News
Network are normally kept.
(2) Access.--Representatives of the Government
Accountability Office shall have access to all books, accounts,
records, reports, files, papers, and property belonging to or
in use by the Freedom News Network pertaining to the financial
transactions referred to in paragraph (1) and necessary to
facilitate an audit in accordance with such paragraph. All such
books, accounts, records, reports, files, papers, and property
of the Freedom News Network shall remain in the possession and
custody of the Freedom News Network.
(c) Transfer of Funds.--Notwithstanding any other provision of law,
1 percent of the funds made available by the United States
International Communications Agency shall be transferred to the
Inspector General of the Department of State to cover the expenses of
carrying out the activities of the Inspector General under this
section.
SEC. 225. AMENDMENTS TO THE UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
The United States Information and Educational Exchange Act of 1948
is amended--
(1) in title V (22 U.S.C. 1461 et seq.), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Communications Agency'' each place it
appears;
(2) by amending paragraph (1) of section 501(b) (22 U.S.C.
1461(b)) to read as follows:
``(1) Except as provided in paragraph (2), the Secretary
and the United States International Communications Agency may,
upon request and reimbursement of the reasonable costs incurred
in fulfilling such a request, make available, in the United
States, motion pictures, films, video, audio, and other
materials disseminated abroad pursuant to this Act. Any
reimbursement pursuant to this paragraph shall be credited to
the applicable appropriation account of the Department of State
or the United States International Communications Agency, as
appropriate. The Secretary and the United States International
Communications Agency shall issue necessary regulations.'';
(3) by repealing sections 504 and 505 (22 U.S.C. 1464 and
1464a);
(4) by redesignating section 506 (22 U.S.C. 1464b) as
section 504;
(5) in section 504, as so redesignated, in subsection (c),
in the matter preceding paragraph (1), by striking ``Board''
each place it appears and inserting ``Agency'';
(6) in clause (iii) of section 604(d)(1)(A) (22 U.S.C.
1469(d)(1)(A)), by striking ``Broadcasting Board of Governors''
and inserting ``United States International Communications
Agency'';
(7) in paragraph (3) of section 801 (22 U.S.C. 1471), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency'';
(8) in subsection (b) of section 802 (22 U.S.C. 1472)--
(A) in paragraph (1)(B), by striking ``Director of
the United States Information Agency'' and inserting
``Chief Executive Officer of the United States
International Communications Agency''; and
(B) in paragraph (4)(A), by striking ``Broadcasting
Board of Governors'' and inserting ``United States
International Communications Agency'';
(9) in paragraph (1) of section 804 (22 U.S.C. 1474), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency'';
(10) in section 810(b) (22 U.S.C. 1475e(b))--
(A) in the matter preceding paragraph (1), by
striking ``United States Information Agency'' and
inserting ``United States International Communications
Agency''; and
(B) in paragraph (4), by striking ``International
Broadcasting Bureau'' and inserting ``United States
International Communications Agency''; and
(11) in subsection (a) of section 1011 (22 U.S.C. 1442), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. PRESERVATION OF UNITED STATES NATIONAL SECURITY OBJECTIVES.
The Chief Executive Officer of the United States International
Communications Agency and the Chief Executive Officer of the Freedom
News Network shall each establish procedures to vet and monitor
employees of each such agency for affiliations to terrorist
organizations, foreign governments, or agents of foreign governments to
protect against espionage, sabotage, foreign propaganda messaging, and
other subversive activities that undermine United States national
security objectives.
SEC. 302. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 2015
and for each subsequent fiscal year, any funds appropriated for the
purposes of broadcasting subject to supervision of the Board of the
United States International Communications Agency shall not be
available for obligation or expenditure--
(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) Subsequent Authorization.--The limitation under subsection (a)
of this section shall not apply to the extent that an authorization of
appropriations is enacted after such funds are appropriated.
(c) Application.--The provisions of this section--
(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered under or pursuant to
this Act.
Passed the House of Representatives July 28, 2014.
Attest:
KAREN L. HAAS,
Clerk.