[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3969

To enhance United States public diplomacy, to reorganize United States 
          international broadcasting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2002

   Mr. Hyde introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To enhance United States public diplomacy, to reorganize United States 
          international broadcasting, 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.

    This Act may be cited as the ``Freedom Promotion Act of 2002''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
                TITLE I--UNITED STATES PUBLIC DIPLOMACY

Sec. 101. Findings and purposes.
Sec. 102. Public diplomacy responsibilities of the Department of State.
Sec. 103. Annual report on public diplomacy and communications 
                            strategy.
Sec. 104. Public diplomacy training.
Sec. 105. Study and report on United States public diplomacy.
Sec. 106. Funding and authorization of appropriations.
   TITLE II--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE 
                          DEPARTMENT OF STATE

Sec. 201. Establishment of initiatives for predominantly Muslim 
                            countries.
Sec. 202. Database of alumni of American and foreign participants in 
                            exchange programs.
Sec. 203. Report on inclusion of freedom and democracy advocates in 
                            educational and cultural exchange programs.
Sec. 204. Supplemental authorization of appropriations.
 TITLE III--REORGANIZATION OF UNITED STATES INTERNATIONAL BROADCASTING

Sec. 301. Establishment of United States International Broadcasting 
                            Agency.
Sec. 302. Authorities and functions of the Agency.
Sec. 303. Role of the Secretary of State.
Sec. 304. Establishment of Board for International Broadcasting.
Sec. 305. Administrative provisions.
Sec. 306. Broadcasting Board of Governors and International 
                            Broadcasting Bureau.
Sec. 307. Transition.
Sec. 308. Conforming amendments.
Sec. 309. References.
Sec. 310. Broadcasting standards.
Sec. 311. Effective date.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations and the Committee on Appropriations of 
        the House of Representatives and the Committee on Foreign 
        Affairs and the Committee on Appropriations of the Senate.
            (2) Department.--The term ``Department'' means the 
        Department of State.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

                TITLE I--UNITED STATES PUBLIC DIPLOMACY

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States possesses strong and deep connections 
        with the peoples of the world separate from its relations with 
        their governments.
            (2) These connections can be a major asset in the promotion 
        of United States interests and foreign policy.
            (3) Misinformation and hostile propaganda in these 
        countries regarding the United States and its foreign policy 
        endanger the interests of the United States. Existing efforts 
        to counter such misinformation and propaganda are inadequate 
        and must be greatly enhanced in both scope and substance.
            (4) United States foreign policy has been hampered by an 
        insufficient consideration of the importance of public 
        diplomacy in the formulation and implementation of that policy 
        and by the underuse of modern communication techniques.
            (5) The United States lacks an operational strategy and a 
        coordinated effort regarding the utilization of its public 
        diplomacy resources.
            (6) The development of an operational strategy and a 
        coordinated effort by United States agencies regarding public 
        diplomacy would greatly enhance United States foreign policy.
    (b) Purposes.--It is the purpose of this Act to enhance in scope 
and substance, redirect, redefine, and reorganize United States public 
diplomacy.

SEC. 102. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.

    (a) In General.--The State Department Basic Authorities Act of 1956 
(22 U.S.C. 265 et seq.) is amended by inserting after section 56 the 
following new section:

``SEC. 57. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF 
              STATE.

    ``(a) In General.--The Secretary of State shall make public 
diplomacy an integral component in the planning and execution of United 
States foreign policy. The Department of State shall develop a 
comprehensive strategy for the use of public diplomacy resources and 
assume a prominent role in coordinating the efforts of all 
Federal agencies involved in public diplomacy. Public diplomacy efforts 
shall be addressed to developed and developing countries, to select and 
general audiences, and shall utilize all available media to ensure that 
the foreign policy of the United States is properly explained and 
understood not only by the governments of countries but also by their 
peoples, with the objective of enhancing support for United States 
foreign policy. The Secretary shall ensure that the public diplomacy 
strategy of the United States is cohesive and coherent and shall 
aggressively and through the most effective mechanisms counter 
misinformation and propaganda concerning the United States. The 
Secretary shall endeavor to articulate the importance in American 
foreign policy of the guiding principles and doctrines of the United 
States, particularly freedom and democracy. The Secretary shall develop 
and articulate long-term measurable objectives for United States public 
diplomacy. The Secretary is authorized to produce and distribute public 
diplomacy programming for distribution abroad in order to achieve 
public diplomacy objectives, including through satellite communication, 
the Internet, and other established and emerging communications 
technologies. In cooperation with the Agency for International 
Development (AID) and other public and private assistance organizations 
and agencies, the Secretary shall ensure that information concerning 
assistance provided by the United States Government, by United States 
nongovernmental organizations and private entities, and by the American 
people is disseminated widely and prominently, particularly within 
countries and regions that receive such assistance.
    ``(b) Annual Review.--The Secretary of State, annually, shall 
conduct a review and analysis of the impact of public diplomacy efforts 
on target audiences. The review shall consider and evaluate the content 
of programming and the effectiveness of the media for distribution of 
such programming.
    ``(c) Authority.-- Subject to the availability of appropriations, 
the Secretary may contract with and compensate government and private 
agencies or persons for property and services to carry out this 
section.''.
    (b) Establishment of Public Diplomacy Reserve Corps.--
            (1) The Secretary of State shall establish a public 
        diplomacy reserve corps to augment the public diplomacy 
        capacity and capabilities of the Department in emergency and 
        critical circumstances worldwide. The Secretary shall develop a 
        detailed action plan for the temporary deployment and use of 
        the corps to bolster public diplomacy resources and expertise. 
        To the extent considered necessary and appropriate, the 
        Secretary may recruit experts in public diplomacy and related 
        fields from the private sector and utilize the expertise of 
        former employees of the Department in implementing this 
        subsection.
            (2) While actively serving with the reserve corps, 
        individuals are prohibited from engaging in activities directly 
        or indirectly intended to influence public opinion within the 
        United States to the same degree that employees of the 
        Department engaged in public diplomacy are so prohibited.
    (c) Technology and Equipment Upgrades.--The Secretary shall 
establish a fully capable multimedia programming and distribution 
capacity including satellite, Internet, and other services, and also 
including the capability to acquire and produce audio and video feeds 
and Internet streaming to foreign news organizations. The technology 
and equipment upgrades under the first sentence shall be fully 
implemented within 2 years of the date of the enactment of this Act. To 
the extent practicable, activities under this subsection shall utilize 
the facilities of the United States International Broadcasting Agency 
established by title III.
    (d) Functions of the Under Secretary for Public Diplomacy.--
            (1) Section 1(b)(3) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is amended by 
        striking ``formation'' and all that follows through the period 
        at the end and inserting ``formation, supervision, and 
        implementation of United States public diplomacy policies, 
        programs, and activities, including the provision of guidance 
        to Department personnel in the United States and overseas who 
        conduct or implement such policies, programs, and activities. 
        The Under Secretary for Public Diplomacy shall assist the 
        United States Agency for International Broadcasting in 
        presenting the policies of the United States clearly and 
        effectively, shall submit statements of United States policy 
        and editorial material to the Agency for broadcast 
        consideration in addition to material prepared by the Agency, 
        and shall ensure that editorial material created by the Agency 
        for broadcast is reviewed expeditiously by the Department.''.
            (2) The Under Secretary for Public Diplomacy, in carrying 
        out the functions under the last sentence of section 1(b)(3) of 
        the State Department Basic Authorities Act of 1956 (as added by 
        paragraph (1), shall consult public diplomacy officers 
        operating at United States overseas posts and in the regional 
bureaus of the Department of State.
    (e) Increase in Public Diplomacy Personnel of the Department.--The 
Secretary of State shall ensure that of the new job positions 
established at the Department after September 30, 2002, not less than 
one fourth shall be public diplomacy positions.

SEC. 103. ANNUAL REPORT ON PUBLIC DIPLOMACY AND COMMUNICATIONS 
              STRATEGY.

    (a) Report to Congress.--Not later than 90 days before the 
beginning of each fiscal year, the Secretary of State, in coordination 
with the Director of the United States International Broadcasting 
Agency, shall submit to the appropriate congressional committees an 
annual report on public diplomacy and communications strategy. Each 
report shall present the Secretary's public diplomacy and 
communications strategy worldwide and by region for the subsequent 
fiscal year, including the allocation of resources and an evaluation 
and assessment of the progress in, and barriers to, achieving the goals 
set forth under previous reports submitted under this subsection. The 
report may be submitted in classified form.
    (b) Plan for Implementation.--Not later than 60 days after the date 
of the submission of each annual report under subsection (a), the 
Secretary of State, in coordination with the Director of the United 
States International Broadcasting Agency and all appropriate Federal 
agencies that conduct public diplomacy programs abroad, shall develop a 
detailed plan for the implementation of the report which specifies 
goals, agency responsibilities, and necessary resources and mechanisms 
for achieving such goals during the next fiscal year.

SEC. 104. PUBLIC DIPLOMACY TRAINING.

    (a) Findings.--The Congress makes the following findings:
            (1) The Foreign Service should recruit individuals with 
        expertise and professional experience in public diplomacy.
            (2) Ambassadors should have a prominent role in the 
        formulation of public diplomacy strategies for the countries 
        and regions to which they are assigned and be accountable for 
        the operation and success of public diplomacy efforts at their 
        posts.
            (3) Initial and subsequent training of Foreign Service 
        officers should be enhanced to include information and training 
        on public diplomacy and the tools and technology of mass 
        communication.
    (b) Personnel.--
            (1) In the recruitment, training, and assignment of members 
        of the Foreign Service, the Secretary shall emphasize the 
        importance of public diplomacy and of applicable skills and 
        techniques. The Secretary shall require that members of the 
        Foreign Service have a public diplomacy assignment prior to 
        promotion to the senior levels of the Foreign Service. The 
        Secretary shall consider the priority recruitment into the 
        Foreign Service, at middle-level entry, of individuals with 
        expertise and professional experience in public diplomacy or 
        mass communications, especially individuals with language 
        facility and experience in particular countries and regions.
            (2) The Secretary of State shall seek to increase the 
        number of Foreign Service officers proficient in languages 
        spoken in predominantly Muslim countries. Such increase shall 
        be accomplished through the recruitment of new officers and 
        incentives for officers in service.
    (c) Enhanced Public Diplomacy Training.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit a report to the appropriate congressional committees 
concerning enhancements that the Secretary has determined are 
appropriate and are being implemented to ensure adequate training in 
public diplomacy for ambassadors, Foreign Service officers, and civil 
service officers.

SEC. 105. STUDY AND REPORT ON UNITED STATES PUBLIC DIPLOMACY.

    (a) Study and Report by United States Advisory Commission on Public 
Diplomacy.--Section 604(c)(2) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1469(c)) is amended to read 
as follows:
    ``(2)(A) Not less often than every two years, the Commission, in 
consultation with the General Accounting Office, shall undertake an 
indepth study of public and media attitudes around the world toward the 
United States, Americans, and United States foreign policy. Each study 
shall assess the effectiveness of the various mechanisms of United 
States public diplomacy and make appropriate recommendations. The 
Commission shall give priority attention and analysis to regions and 
countries determined by the Secretary of State to be of particular 
interest for national security or foreign policy reasons, where such 
attitudes are changing, or where such attitudes among the masses of 
people diverge widely from that of their governments.
    ``(B) A comprehensive report of each study under subparagraph (A) 
shall be submitted to the Secretary of State and the appropriate 
congressional committees. At the discretion of the Commission, any 
report under this subsection may be submitted in classified form or 
with a classified appendix.
    (b) Assistance of GAO.--The Comptroller General of the General 
Accounting Office shall provide such assistance in the research and 
production of the study and report under section 604(c)(5) of the 
United States Information and Educational Exchange Act of 1948 (as 
amended by subsection (a)), including the detail of personnel, as the 
United States Advisory Commission on Public Diplomacy may require in 
carrying out its responsibilities under such section.
    (c) Information and Support From Other Agencies.--Upon request of 
the United States Advisory Commission on Public Diplomacy, the 
Secretary of State, the Director of the United States International 
Broadcasting Agency, and the head of any other Federal agency that 
conducts public diplomacy programs and activities shall provide 
information to the Advisory Commission to assist in carrying out the 
responsibilities under section 604(c)(5) of the United States 
Information and Educational Exchange Act of 1948 (as amended by 
subsection (a)).
    (d) Enhancing the Expertise of United States Advisory Commission on 
Public Diplomacy.--
            (1) Qualifications of members.--Section 604((a)(2) of the 
        United States Information and Educational Exchange Act of 1948 
        (22 U.S.C. 1469(a)(2)) is amended by adding at the end the 
        following: ``At least 4 members shall have substantial 
        experience in the conduct of public diplomacy or comparable 
        activities in the private sector. No member shall be an officer 
        or employee of the United States.''.
            (2) Application of amendment.--The amendments made by 
        paragraph (1) shall not apply to individuals who are members of 
        the United States Advisory Commission on Public Diplomacy on 
        the date of the enactment of this Act.

SEC. 106. FUNDING AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Limitation on Use of Funds.--Of the amounts authorized to be 
appropriated for each of the fiscal years 2002 and 2003 for the 
Diplomatic and Consular Programs of the Department of State, 
$497,000,000 for the fiscal year 2002 and $512,000,000 for the fiscal 
year 2003 shall be available only for public diplomacy programs and 
activities as carried out prior to the Foreign Affairs Reform and 
Restructuring Act of 1998, other than programs of educational and 
cultural exchange.
    (b) Authorization of Appropriations for Improvements in Public 
Diplomacy Programs.--
            (1) In addition to amounts otherwise authorized to be 
        appropriated, there are authorized to be appropriated 
        $20,000,000 for each of the fiscal years 2002 and 2003 for 
        Diplomatic and Consular Programs of the Department of State 
        which shall be available only for improvements and 
        modernization of public diplomacy programs and activities of 
        the Department of State as carried out prior to the Foreign 
        Affairs Reform and Restructuring Act of 1998, other than 
        programs of educational and cultural exchange.
            (2) Limitations.--
                    (A) Translation services.--Of the amounts 
                authorized to be appropriated by paragraph (1), 
                $4,000,000 for each of the fiscal years 2002 and 2003 
                is authorized to be appropriated only for translation 
                services available to public affairs officers in 
                overseas posts.
                    (B) Broadcast services.--Of the amounts authorized 
                to be appropriated by paragraph (1), $7,500,000 for 
                each of the fiscal years 2002 and 2003 is authorized to 
                be appropriated only for the Office of Broadcast 
                Services to carry out section 102(c).

   TITLE II--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE 
                          DEPARTMENT OF STATE

SEC. 201. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM 
              COUNTRIES.

    (a) Findings.--The Congress makes the following findings:
            (1) Surveys indicate that, in countries of predominantly 
        Muslim population, opinions of the United States and American 
        foreign policy among the general public and select audiences 
        are significantly distorted by highly negative and hostile 
        beliefs and images and that many of these beliefs and images 
        are the result of misinformation and propaganda by individuals 
        and organizations hostile to the United States.
            (2) These negative opinions and images are highly 
        prejudicial to the interests of the United States and to its 
        foreign policy.
            (3) As part of a broad and long-term effort to enhance a 
        positive image of the United States in the Muslim world, a key 
        element should be the establishment of programs to promote a 
        greater familiarity with American society and values among the 
        general public and select audiences in countries of 
        predominantly Muslim population.
    (b) Establishment of Initiatives.--The Secretary of State shall 
establish the following programs with countries with predominantly 
Muslim populations as part of the educational and cultural exchange 
programs of the Department of State:
            (1) Journalism program.--A program for foreign journalists 
        and postsecondary students of journalism which, in cooperation 
        with private sector sponsors to include universities, shall 
        sponsor workshops and professional training in techniques, 
        standards, and practices in the field of journalism to assist 
        the participants to achieve the highest standards of 
        professionalism.
            (2) Libraries.--The Secretary of State shall develop and 
        implement a demonstration program to assist foreign governments 
        to establish or upgrade their public library systems to improve 
        literacy, support public education, and provide youth 
        recreation centers. The program shall provide training in the 
        library sciences, including exchange opportunities for 
        postsecondary study in the United States. The purpose of the 
        program shall be to advance American values and society, 
        particularly the importance of freedom and democracy.
            (3) English language teaching.--The Secretary shall 
        establish a program to provide grants to United States citizens 
        to work in middle and secondary schools as English language 
        teaching assistants for not less than an academic year. If 
        feasible, the host government or local educational agency shall 
        share the salary costs of the assistants.
            (4) Sister city partnerships.--The Secretary shall expand 
        and enhance sister-city partnerships between United States and 
        international municipalities in an effort to increase global 
        cooperation at the community level. Such partnerships shall 
        encourage economic development, municipal cooperation, health 
        care initiatives, youth and educational programs, disability 
        advocacy, emergency preparedness, and humanitarian assistance.
            (5) Youth ambassadors.--The Secretary shall establish a 
        program for visits by middle and secondary school students to 
        the United States during school holidays in their home country 
        for periods not to exceed 4 weeks. Participating students shall 
        reflect the economic and geographic diversity of their 
        countries. Activities shall include cultural and educational 
activities designed to familiarize participating students with American 
society and values. To the extent practicable, such visits shall be 
coordinated with middle and secondary schools in the United States to 
provide for school-based activities and interactions. The Secretary 
shall encourage the establishment of direct school-to-school linkages 
under the program.
            (6) Fulbright exchange program.--The Secretary shall seek 
        to substantially increase the number of awards under the J. 
        William Fulbright Educational Exchange Program to graduate 
        students, scholars, professionals, teachers, and administrators 
        from the United States who are applying for such awards to 
        study, teach, conduct research, or pursue scholarship in 
        predominantly Muslim countries. Part of such increase shall 
        include awards for scholars and teachers who plan to teach 
        subjects relating to American studies.
            (7) Hubert h. humphrey fellowships.--The Secretary shall 
        seek to substantially increase the number of Hubert H. Humphrey 
        Fellowships awarded to candidates from predominantly Muslim 
        countries.
    (c) General Provision.--Programs established under this section 
shall be carried out under the provisions of the United States 
Information and Educational Exchange Act of 1948 and the Mutual 
Educational and Cultural Exchange Act of 1961.

SEC. 202. DATABASE OF ALUMNI OF AMERICAN AND FOREIGN PARTICIPANTS IN 
              EXCHANGE PROGRAMS.

    The Secretary of State, in coordination with the heads of other 
agencies that conduct international exchange and training programs, 
shall establish and maintain a database listing all American and 
foreign alumni of such programs in order to encourage networking, 
interaction, and communication with alumni.

SEC. 203. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN 
              EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the Congress a report concerning 
the implementation of section 102 of the Human Rights, Refugee, and 
Other Foreign Relations Provisions Act of 1996. The report shall 
include information concerning the number of grants to conduct exchange 
programs to countries described in such section that have been 
submitted for competitive bidding, what measures have been taken to 
ensure that willingness to include supporters of freedom and democracy 
in such programs is given appropriate weight in the selection of 
grantees, and an evaluation of whether United States exchange programs 
in the countries described in such section are fully open to supporters 
of freedom and democracy, and, if not, what obstacles remain and what 
measures are being taken to implement such policy.

SEC. 204. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, for each of the fiscal years 2002 and 2003 there are 
authorized to be appropriated $35,000,000 for educational and cultural 
exchange programs of the Department of State.

 TITLE III--REORGANIZATION OF UNITED STATES INTERNATIONAL BROADCASTING

SEC. 301. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING 
              AGENCY.

    Section 304 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6203) is amended to read as follows:

``SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING 
              AGENCY.

    ``(a) Establishment.--There is established as an independent agency 
in the executive branch the United States International Broadcasting 
Agency (hereinafter in this Act referred to as the `Agency').
    ``(b) Director.--
            ``(1) The head of the Agency is a Director who shall--
                    ``(A) be appointed by the President, by and with 
                the advice and consent of the Senate; and
                    ``(B) receive basic pay at the rate payable for 
                level IV of the Executive Schedule under section 5313 
                of title 5, United States Code.
            ``(2) The term of service of the Director shall be five 
        years. The Director may continue to serve beyond the expiration 
        of the term until a successor is appointed and has qualified. 
        The Director may be removed by the President only for cause.
            ``(3) The Director shall--
                    ``(A) carry out the functions and authorities of 
                the United States International Broadcasting Agency;
                    ``(B) be responsible for the exercise of all 
                authorities and powers and the discharge of all duties 
                and functions of the Agency; and
                    ``(C) serve as the Executive Director of the Board 
                for International Broadcasting.
            ``(4) The Director shall organize and chair a coordinating 
        committee to examine and make recommendations on long-term 
        strategies for the future of international broadcasting, 
        including the use of new technologies.
    ``(c) Inspector General.--
            ``(1) In general.--The Inspector General of the Department 
        of State shall exercise the same authorities with respect to 
        the Agency as the Inspector General exercises under the 
        Inspector General Act of 1978 and section 209 of the Foreign 
        Service Act of 1980 with respect to the Department of State.
            ``(2) Respect for journalistic integrity of broadcasters.--
        The Inspector General shall respect the journalistic integrity 
        of all the broadcasters covered by this title and may not 
        evaluate the philosophical or political perspectives reflected 
        in the content of broadcasts.

SEC. 302. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

    Section 305 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6204) is amended to read as follows:

``SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

    ``(a) Authorities and Functions.--The Agency shall have the 
following authorities and functions:
            ``(1) Except as provided in section 308 and 309, to carry 
        out all nonmilitary international broadcasting activities 
        supported by the United States Government.
            ``(2) To supervise all broadcasting activities conducted 
        pursuant to this title, the Radio Broadcasting to Cuba Act, and 
        the Television Broadcasting to Cuba Act.
            ``(3) To review and evaluate the mission and operation of, 
        and to assess the quality, effectiveness, and professional 
        integrity of, all such activities within the context of the 
        broad foreign policy objectives of the United States and the 
        guiding principles and doctrines of the United States, 
        particularly freedom and democracy.
            ``(4) To ensure that United States international 
        broadcasting is conducted in accordance with the standards and 
        principles contained in section 303.
            ``(5) To review, evaluate, and determine, at least 
        annually, after consultation with the Secretary of State, the 
        addition or deletion of language services.
            ``(6) To review engineering activities to ensure that all 
        broadcasting elements receive the highest quality and cost-
        effective delivery services.
            ``(7) To undertake such studies as may be necessary to 
        identify areas in which broadcasting activities under its 
        authority could be made more efficient and economical.
            ``(8) To submit to the President and the Congress an annual 
        report which summarizes and evaluates activities under this 
        title, the Radio Broadcasting to Cuba Act, and the Television 
        Broadcasting to Cuba Act, placing special emphasis on the 
        assessment described in paragraph (2).
            ``(9) To procure supplies, services, and other personal 
        property to carry out the functions of the Agency.
            ``(10) To obligate and expend, for official reception and 
        representation expenses, such amounts as may be made available 
        through appropriations.
            ``(11) To make available in the annual report required by 
        paragraph (8) information on funds expended on administrative 
        and managerial services by the Agency and by grantees and the 
        steps the Agency has taken to reduce unnecessary overhead costs 
        for each of the broadcasting services.
            ``(12) To provide for the use of United States Government 
        transmitter capacity for relay of broadcasting by grantees.
            ``(13)(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 title 
        5, United States Code.
            ``(B) To allow those 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.
            ``(14) To procure for the Agency, pursuant to section 1535 
        of title 31, United States Code (commonly known as the `Economy 
        Act'), goods and services from other departments or agencies.
            ``(15) To the extent funds are available, to lease space 
        and acquire personal property for the Agency and the Board for 
        International Broadcasting.
            ``(16) 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, 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 Agency 
        considers necessary in carrying out the provisions and purposes 
        of this title.
            ``(17) 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 Bureau, or the Board before the 
        effective date of title XIII of the Foreign Affairs 
        Consolidation Act of 1998 for carrying out the broadcasting 
        activities covered by this title.
    ``(b) Delegation of Authority.--The Agency may delegate to any 
other officer or employee of the United States the authorities provided 
in this section, except those authorities provided in paragraph (1), 
(2), (3), (4), (5), (8), or (9) of subsection (a).
    ``(c) Broadcasting Budgets.--
            ``(1) The grantees identified in sections 308 and 309 shall 
        submit proposed budgets to the Agency. The Agency shall forward 
        its recommendations concerning the proposed budget for the 
        Agency and broadcasting activities under this title, the Radio 
        Broadcasting to Cuba Act, and the Television Broadcasting to 
        Cuba Act to the Office of Management and Budget.
            ``(2) The Director of the Agency shall include in the 
        Agency's submission to the Office of Management and Budget the 
        comments and recommendations of the Board for International 
        Broadcasting concerning the proposed broadcasting budget.
    ``(d) Professional Independence of Broadcasters.--Consistent with 
standards and principles set forth in section 303, the Secretary of 
State and the Agency, in carrying out their functions, shall respect 
the professional independence and integrity of the Agency's 
broadcasting services and the grantees identified in sections 308 and 
309.''.

SEC. 303. ROLE OF THE SECRETARY OF STATE.

    Section 306 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6205) is amended to read as follows:

``SEC. 306. ROLE OF THE SECRETARY OF STATE.

    ``To assist the Agency in carrying out its functions, the Secretary 
of State shall provide such information and guidance on foreign policy 
and public diplomacy issues to the Agency as the Secretary considers 
appropriate.''.

SEC. 304. ESTABLISHMENT OF BOARD FOR INTERNATIONAL BROADCASTING.

    (a) In General.--Section 307 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6206) is amended to read as 
follows:

``SEC. 307. ESTABLISHMENT OF BOARD FOR INTERNATIONAL BROADCASTING.

    ``(a) Establishment.--There is hereby established the Board for 
International Broadcasting. The Board for International Broadcasting 
shall exist as a permanent entity.
    ``(b) Functions and Duties.--The Board for International 
Broadcasting shall have the following functions and duties:
            ``(1) To make and supervise grants for broadcasting and 
        related activities in accordance with sections 308 and 309.
            ``(2) To allocate funds appropriated for international 
        broadcasting activities among the various elements of the 
        Agency and grantees, subject to the limitations in sections 308 
        and 309 and subject to reprogramming notification requirements 
        in law for the reallocation of funds.
            ``(3) To develop strategic goals after reviewing human 
        rights reporting and other reliable assessments to assist in 
        determining programming and resource allocation.
            ``(4) To assist the Agency in carrying out its authorities 
        and functions by providing such insight, expert advice, and 
        ideas as the Board for International Broadcasting considers 
        appropriate. The Board shall advise the Director regarding the 
        maintenance of journalistic integrity and objectivity in 
        reporting within the Agency.
    ``(c) Reports.--The Board for International Broadcasting shall 
submit an annual report on its activities and findings to the Agency 
and the Congress. The Board for International Broadcasting may submit 
such other periodic or special reports as the Board considers 
necessary.
    ``(d) Composition of the Board.--
            ``(1) The Board for International Broadcasting shall 
        consist of 9 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) The President shall appoint one member (other than 
        the Secretary of State) as Chair of the Board for International 
        Broadcasting, subject to the advice and consent of the Senate.
            ``(3) Exclusive of the Secretary of State, not more than 4 
        of the members of the Board for International Broadcasting 
        appointed by the President shall be of the same political 
        party.
    ``(e) Term of Office.--The term of office of each member of the 
Board for International Broadcasting shall be three years, except that 
the Secretary of State shall remain a member of the Board for 
International Broadcasting during the Secretary's term of service. Of 
the other 8 voting members, the initial terms of office of two members 
shall be one year, and the initial terms of office of 3 other members 
shall be two 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. Any member whose term has expired may serve until a 
successor has been appointed and qualified. 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.
    ``(f) Selection of Board for International Broadcasting.--Members 
of the Board for International Broadcasting appointed by the President 
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 Americans distinguished in the 
fields of mass communications, print, broadcast media, or foreign 
affairs.
    ``(g) Compensation.--Members of the Board for International 
Broadcasting, 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, as authorized by 
law (5 U.S.C. 5703) for persons in the Government service employed 
intermittently. The Secretary of State shall not be entitled to any 
compensation under this title, but may be allowed travel expenses as 
provided under this subsection.
    ``(h) Decisions.--Decisions of the Board for International 
Broadcasting shall be made by majority vote, a quorum being present. A 
quorum shall consist of 5 members.
    ``(i) Immunity From Civil Liability.--Notwithstanding any other 
provision of law, any and all limitations on liability that apply to 
the members of the Board for International Broadcasting also shall 
apply to such members when acting in their capacities as members of the 
boards of directors of RFE/RL, Incorporated and Radio Free Asia.
    ``(j) Staff.--The Board for International Broadcasting may employ 
such staff as is necessary to perform functions that cannot be 
performed appropriately by employees of the Agency. Staff employed by 
the board shall be subject to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and their 
compensation shall be fixed 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.
    ``(k) Support From Other Agencies.--Upon request of the Board for 
International Broadcasting, the head of a Federal agency may detail any 
of the personnel of that agency to the board to assist the board in 
carrying out its duties under this title.
    ``(l) Temporary and Intermittent Services.--The Board for 
International Broadcasting may procure by contract, to the extent funds 
are available, the temporary or intermittent services of experts or 
consultants pursuant to section 3109 of title 5, United States Code.''.
    (b) Retention of Existing Board Members.--The members of the 
Broadcasting Board of Governors appointed by the President pursuant to 
section 304 of the United States International Broadcasting Act of 1994 
before the effective date of this title and holding office as of that 
date may serve the remainder of their terms of office as members of the 
Board for International Broadcasting established under subsection (a) 
without reappointment.

SEC. 305. ADMINISTRATIVE PROVISIONS.

    The United States International Broadcasting Act of 1994 is amended 
by adding after section 305 the following new section:

``SEC. 305A. ADMINISTRATIVE PROVISIONS.

    ``(a) Officers and Employees.--The Director may appoint and fix the 
compensation of such officers and employees as may be necessary to 
carry out the functions of the Agency. Except as otherwise provided by 
law, such officers and employees shall be appointed in accordance with 
the civil service laws and their compensation shall be fixed in 
accordance with title 5, United States Code.
    ``(b) Experts and Consultants.--The Director, as may be provided in 
appropriation Acts, may obtain the services of experts and consultants 
in accordance with section 3109 of title 5, United States Code, and may 
compensate such experts and consultants at rates not to exceed the 
daily rate prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.
    ``(c) Acceptance of Voluntary Services.--
            ``(1) In general.--Notwithstanding section 1342 of title 
        31, United States Code, the Director may accept, subject to 
        regulations issued by the Office of Personnel Management, 
        voluntary services if such services--
                    ``(A) are to be uncompensated; and
                    ``(B) are not used to displace any employee.
            ``(2) Treatment.--Any individual who provides voluntary 
        services under this section shall not be considered a Federal 
        employee for any purpose other than for purposes of chapter 81 
        of title 5, United States Code (relating to compensation for 
        injury) and sections 2671 through 2680 of title 28, United 
        States Code (relating to tort claims).
    ``(d) Delegation.--Except as otherwise provided in this Act, the 
Director may delegate any function to such officers and employees of 
the Agency as the Director may designate, and may authorize such 
successive redelegations of such functions within the Agency as may be 
necessary or appropriate. No delegation of functions by the Director 
under this section or under any other provision of this Act shall 
relieve the Director of responsibility for the administration of such 
functions.
    ``(e) Contracts.--
            ``(1) In general.--Subject to the Federal Property and 
        Administrative Services Act of 1949 and other applicable 
        Federal law, the Director may make, enter into, and perform 
        such contracts, grants, leases, cooperative agreements, and 
        other similar transactions with Federal or other public 
        agencies (including State and local governments) and private 
        organizations and persons, and to make such payments, by way of 
        advance or reimbursement, as the Director may determine 
        necessary or appropriate to carry out functions of the Director 
        or the Agency.
            ``(2) Appropriation authority required.--No authority to 
        enter into contracts or to make payments under this title shall 
        be effective except to such extent or in such amounts as are 
        provided in advance under appropriation Acts.
    ``(f) Regulations.--The Director may prescribe such rules and 
regulations as the Director considers necessary or appropriate to 
administer and manage the functions of the Director or the Agency, in 
accordance with chapter 5 of title 5, United States Code.
    ``(g) Seal.--The Director shall cause a seal of office to be made 
for the Agency of such design as the Director shall approve. Judicial 
notice shall be taken of such seal.''.

SEC. 306. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL 
              BROADCASTING BUREAU.

    The Broadcasting Board of Governors and the International 
Broadcasting Bureau are abolished.

SEC. 307. TRANSITION.

    (a) Transfer of Functions.--Except as otherwise provided in this 
title or an amendment made by this title, all functions that on the day 
before the effective date specified in section 311 are authorized to be 
performed by the Broadcasting Board of Governors and the International 
Broadcasting Bureau and any officer, employee, or component of such 
entities, under any statute, reorganization plan, Executive order, or 
other provision of law, are transferred to the Agency established under 
this title effective on that date.
    (b) Determination of Certain Functions.--If necessary, the Office 
of Management and Budget shall make any determination of the functions 
that are transferred under this title.
    (c) Transition Provisions.--
            (1) Exercise of authorities.--Except as otherwise provided 
        by law, the Director may, for purposes of performing a function 
        that is transferred to the Director by this title, exercise all 
        authorities under any other provision of law that were 
        available with respect to the performance of that function to 
        the official responsible for the performance of that function 
        on the day before the effective date specified in section 311.
            (2) Authorities to wind up affairs.--
                    (A) The Director of the Office of Management and 
                Budget may take such actions as the Director of the 
                Office of Management and Budget considers necessary to 
                wind up any outstanding affairs of the Broadcasting 
                Board of Governors and the International Broadcasting 
                Bureau associated with the functions that are 
                transferred pursuant to subsection (a).
                    (B) The Director may take such actions as the 
                Director considers necessary to wind up any outstanding 
                affairs of the Broadcasting Board of Governors and the 
                International Broadcasting Bureau associated with the 
                functions that are transferred pursuant to subsection 
                (a).
            (3) Transfer of assets.--Any property, records, unexpended 
        balances of appropriations, allocations, and other funds 
        employed, used, held, available, or to be made available in 
        connection with a function transferred to the Agency by this 
        Act are transferred on the effective date specified in section 
        311.

SEC. 308. CONFORMING AMENDMENTS.

    (a) United States International Broadcasting Act of 1994.--The 
United States International Broadcasting Act of 1994 is amended as 
follows:
            (1) Section 308 (22 U.S.C. 6207) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``The Board'' and inserting 
                        ``The Agency''; and
                            (ii) in paragraph (1) by striking 
                        ``Broadcasting Board of Governors'' and 
                        inserting ``Board for International 
                        Broadcasting'';
                    (B) in subsection (b)--
                            (i) by striking paragraph (2);
                            (ii) by striking ``(1)''; and
                            (iii) by striking ``Board'' both places it 
                        appears and inserting ``Agency'';
                    (C) in subsections (c), (d), (g), (h), and (i) by 
                striking ``Board'' each place it appears and inserting 
                ``Agency''; and
                    (D) in subsections (i) and (j) by striking ``and 
                the Foreign Service'' each place it appears.
            (2) Section 309 (22 U.S.C. 6208) is amended--
                    (A) in subsection (c)(1) by striking ``Board'' both 
                places it appears and inserting ``Agency'';
                    (B) by striking subsection (e);
                    (C) in subsections (f) and (g) by striking 
                ``Board'' each place it appears and inserting 
                ``Agency''; and
                    (D) in subsection (g) by striking ``Chairman of the 
                Board'' and inserting ``Agency''.
            (3) By striking section 311 (22 U.S.C. 6210).
            (4) In section 313 (22 U.S.C. 6212) by striking ``Board'' 
        and inserting ``Agency''.
            (5) In section 314 (22 U.S.C. 6213) by striking paragraph 
        (2).
            (6) By striking section 315.
    (b) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
1996.--Section 107 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended in subsections (a) 
and (b) by striking ``International Broadcasting Bureau'' each place it 
appears and inserting ``United States International Broadcasting 
Agency''.
    (c) Radio Broadcasting to Cuba Act.--The Radio Broadcasting to Cuba 
Act (22 U.S.C. 1465 et seq.) is amended as follows:
            (1) In section 3 (22 U.S.C. 1465a) as follows:
                    (A) In the section heading by striking 
                ``BROADCASTING BOARD OF GOVERNORS'' and inserting 
                ``UNITED STATES INTERNATIONAL BROADCASTING AGENCY''.
                    (B) In subsection (a) by striking ``the `Board')'' 
                and inserting ``the `Agency')''.
                    (C) In subsections (a), (d), and (f) by striking 
                ``Broadcasting Board of Governors'' and inserting 
``United States International Broadcasting Agency''.
            (3) In section 4 (22 U.S.C. 1465b) as follows:
                    (A) In the first sentence by striking ``The'' and 
                all that follows through ``Bureau'' and inserting: 
                ``The Director of the United States International 
                Broadcasting Agency shall establish within the 
                Agency''.
                    (B) In the third sentence by striking 
                ``Broadcasting Board of Governors'' and inserting 
                ``Director of the United States International 
                Broadcasting Agency''.
                    (C) In the fourth sentence by striking ``Board of 
                the International Broadcasting Bureau'' and inserting 
                ``Director of the United States International 
                Broadcasting Agency''.
            (4) In section 5 (22 U.S.C. 1465c) as follows:
                    (A) In subsection (b) by striking ``Broadcasting 
                Board of Governors'' and inserting ``Director of the 
                United States International Broadcasting Agency''.
                    (B) By striking ``Board'' each place it appears and 
                inserting ``Advisory Board''.
            (5) In section 6 (22 U.S.C. 1465d) as follows:
                    (A) In subsection (a) by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                International Broadcasting Agency'' and by striking 
                ``Board'' and inserting ``Director of the United States 
                International Broadcasting Agency''.
                    (B) In subsection (b) by striking ``Board'' and 
                inserting ``United States International Broadcasting 
                Agency''.
            (6) In section 7 (22 U.S.C. 1465e) by striking ``Board'' in 
        subsections (b) and (d) and inserting ``United States 
        International Broadcasting Agency''.
            (7) In section 8(a) (22 U.S.C. 1465f(a)), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States International Broadcasting Agency''.
    (d) Television Broadcasting to Cuba Act.--The Television 
Broadcasting to Cuba Act (22 U.S.C. 1465aa note) is amended as follows:
            (1) Section 243(a) (22 U.S.C. 1465bb) is amended by 
        striking ``Broadcasting Board of Governors'' and inserting 
        ``United States International Broadcasting Agency''.
            (2) Section 244 (22 U.S.C. 1465cc) is amended as follows:
                    (A) In subsection (a) by amending the third 
                sentence to read as follows: ``The Director of the 
                United States International Broadcasting Agency shall 
                appoint a head of the Service who shall report directly 
                to the Director.''.
                    (B) In subsection (b) by striking ``Board'' and 
                inserting ``Agency''.
                    (C) In subsection (c) by striking ``The Board'' and 
                inserting ``The Agency'' and by striking ``Board 
                determines'' and inserting ``Director of the United 
                States International Broadcasting Agency determines''.
            (3) In section 246 (22 U.S.C. 1465dd) by striking ``United 
        States Information Agency'' and inserting ``United States 
        International Broadcasting Agency'' and by striking ``Board'' 
        and inserting ``Director of the United States International 
        Broadcasting Agency''.

SEC. 309. REFERENCES.

    Except as otherwise provided in this title or an amendment made by 
this title, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to the Broadcasting Board of Governors 
and the International Broadcasting Bureau or any other officer or 
employee of the Board of Governors or the International Broadcasting 
Bureau shall be deemed to refer to the United States International 
Broadcasting Agency established under this title.

SEC. 310. BROADCASTING STANDARDS.

    Section 303(a) of the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6202(a)) is amended--
            (1) in paragraph (6) by striking ``and'';
            (2) in paragraph (7) by inserting ``and'' after the 
        semicolon;
            (3) in paragraph (8) by striking the period and inserting 
        ``; and''; and
            (4) by adding after paragraph (8) the following new 
        paragraph:
            ``(9) seek to ensure that resources are allocated to 
        broadcasts directed at people whose governments deny freedom of 
        expression or who are otherwise in special need of honest and 
        professional broadcasting, commensurate with the need for such 
        broadcasts.''.

SEC. 311. EFFECTIVE DATE.

    Except as otherwise provided, this title and the amendments made by 
this title shall take effect on the last day of the 6-month period 
beginning on the date of the enactment of this Act.
                                 <all>