[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Referred in Senate (RFS)]

  2d Session
                                H. R. 3969


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2002

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
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.

    The table of contents is as follows:

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 plan on public diplomacy strategy.
Sec. 104. Public diplomacy training.
Sec. 105. United States Advisory Commission on Public Diplomacy.
Sec. 106. Library program.
Sec. 107. Sense of Congress concerning public diplomacy efforts in sub-
                            Saharan Africa.
Sec. 108. 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. Fulbright-Hays authorities.
Sec. 205. Supplemental authorization of appropriations.
Sec. 206. Supplemental authorization of appropriations for the National 
                            Endowment for Democracy.
 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. Administrative provisions.
Sec. 305. Broadcasting Board of Governors and International 
                            Broadcasting Bureau.
Sec. 306. Transition.
Sec. 307. Conforming amendments.
Sec. 308. References.
Sec. 309. Broadcasting standards.
Sec. 310. Authorization of appropriations.
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. These connections can be a major asset in 
        the promotion of United States interests and foreign policy.
            (2) 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.
            (3) 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.
            (4) The United States should have an operational strategy 
        and a coordinated effort regarding the utilization of its 
        public diplomacy resources.
            (5) The development of an operational strategy and a 
        coordinated effort by United States agencies regarding public 
        diplomacy would greatly enhance United States foreign policy.
            (6) The Secretary of State has undertaken efforts to ensure 
        that of the new job positions established at the Department of 
        State after September 30, 2002, a significant proportion of the 
        positions is for public diplomacy.
    (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, in coordination with 
the United States International Broadcasting Agency, 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, in 
coordination with the Board of Governors of the United States 
International Broadcasting Agency, 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.
    ``(b) Information Concerning United States Assistance.--
            ``(1) Identification of assistance.--In cooperation with 
        the United States Agency for International Development (USAID) 
        and other public and private assistance organizations and 
        agencies, the Secretary shall ensure that information 
        concerning foreign assistance provided by the United States 
        Government, United States nongovernmental organizations and 
        private entities, and the American people is disseminated 
        widely and prominently, particularly, to the extent 
        practicable, within countries and regions that receive such 
        assistance. The Secretary shall ensure that, to the extent 
        practicable, projects funded by the United States Agency for 
        International Development (USAID) that do not involve 
        commodities, including projects implemented by private 
        voluntary organizations, are identified as being supported by 
        the United States of America, as American Aid or provided by 
        the American people.
            ``(2) Report to congress.--Not later than 120 days after 
        the end of each fiscal year, the Secretary shall submit a 
        report to the Committee on International Relations of the House 
        of Representatives and the Committee on Foreign Relations of 
        the Senate on efforts to disseminate information concerning 
        assistance described in paragraph (1) during the preceding 
        fiscal year. Each such report shall include specific 
        information concerning all instances in which the United States 
        Agency for International Development has not identified 
        projects in the manner prescribed in paragraph (1) because such 
        indentification was not practicable. Any such report shall be 
        submitted in unclassified form, but may include a classified 
        appendix.
    ``(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.--
            (1) 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.
            (2) To the extent practicable, activities under this 
        subsection shall utilize the facilities of the United States 
        International Broadcasting Agency established by title III for 
        the purpose of furthering the public diplomacy objectives of 
        the Department of state as enunciated in this section. The 
        Secretary shall reimburse the reasonable expenses of the United 
        States International Broadcasting Agency which are incurred as 
        a result of the Department's use of the Agency's facilities.
    (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.

SEC. 103. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY.

    The Secretary of State, in coordination with all appropriate 
Federal agencies, shall prepare an annual review and analysis of the 
impact of public diplomacy efforts on target audiences. Each review 
shall assess the United States public diplomacy strategy worldwide and 
by region, including the allocation of resources and an evaluation and 
assessment of the progress in, and barriers to, achieving the goals set 
forth under previous plans submitted under this section. On the basis 
of such review, the Secretary of State, in coordination with all 
appropriate Federal agencies shall develop and submit to the 
appropriate congressional committees an annual plan for the 
implementation of a public diplomacy strategy which specifies goals, 
agency responsibilities, and necessary resources and mechanisms for 
achieving such goals during the next fiscal year. The plan may be 
submitted in classified form.

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 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.

SEC. 105. UNITED STATES ADVISORY COMMISSION ON 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 shall 
undertake an indepth review of United Sttes public diplomacy programs, 
policies, and activities. Each study shall assess the effectiveness of 
the various mechanisms of United States public diplomacy, in light of 
factors including public and media attitudes around the world toward 
the United States, Americans, and United States foreign policy, and 
make appropriate recommendations.
    ``(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) 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)).
    (c) 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. LIBRARY PROGRAM.

    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 and support public 
education. The program should provide training in the library sciences. 
The purpose of the program shall be to advance American values and 
society, particularly the importance of freedom and democracy.

SEC. 107. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-
              SAHARAN AFRICA.

    (a) Findings.--The Congress makes the following findings:
            (1) A significant number of sub-Saharan African countries 
        have predominantly Muslim populations, including such key 
        countries as Nigeria, Senegal, Djibouti, Mauritania, and 
        Guinea.
            (2) In several of these countries, groups with links to 
        militant religious organizations are active among the youth, 
        primarily young men, promoting a philosophy and practice of 
        intolerance and radical clerics are effectively mobilizing 
        public sentiment against the United States.
    (b) Sense of Congress.--It is the sense of the Congress that the 
Secretary should include countries in sub-Saharan Africa with 
predominantly Muslim populations in the public diplomacy activities 
authorized by this Act and the amendments made by this Act.

SEC. 108. 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, 
$297,759,000 for the fiscal year 2002 and $305,693,000 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 for the fiscal years 2002 and 2003:
            (1) Journalism program.--A program for foreign journalists, 
        editors, 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) 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) Library training exchange program.--The Secretary shall 
        develop an exchange program for postgradute students seeking 
        additional training in the library sciences and related fields.
    (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.

    To the extent practicable, 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. FULBRIGHT-HAYS AUTHORITIES.

    Section 112(d) of the Mutual Educational and Cultural Exchange Act 
of 1961 (22 U.S.C. 2460) is amended by striking ``operating under the 
authority of this Act and consistent with'' and inserting ``which 
operate under the authority of this Act or promote''.

SEC. 205. 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.

SEC. 206. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL 
              ENDOWMENT FOR DEMOCRACY.

    In addition to amounts otherwise authorized to be appropriated for 
the fiscal years 2002 and 2003, there are authorized to be appropriated 
$5,000,000 for the fiscal year 2002 and $5,000,000 for the fiscal year 
2003 for the National Endowment for Democracy to fund programs that 
promote democracy, good governance, the rule of law, independent media, 
religious tolerance, the rights of women, and strengthening of civil 
society in countries of predominantly Muslim population within the 
jurisdiction of the Bureau of Near Eastern Affairs of the Department of 
State.

SEC. 207. SENSE OF THE CONGRESS CONCERNING EDUCATIONAL AND CULTURAL 
              EXCHANGE PROGRAM FOR FOREIGN JOURNALISTS.

    It is the sense of the Congress that the Secretary of State should 
work toward the establishment of a program for foreign journalists from 
regions of conflict that will provide professional training in 
techniques, standards, and practices in the field of journalism.

 TITLE III--REORGANIZATION OF UNITED STATES INTERNATIONAL BROADCASTING

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

    (a) In General.--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) Board of Governors of the Agency.--
            ``(1) Head of agency.--The Agency shall be headed by the 
        Board of Governors of the United States International 
        Broadcasting Agency (hereinafter in this Act referred to as the 
        `Board of Governors').
            ``(2) Authorities and functions.--The Board of Goverors 
        shall--
                    ``(A) carry out the authorities and functions of 
                the Agency under section 305; and
                    ``(B) be responsible for the exercise of all 
                authorities and powers and the discharge of all duties 
                and functions of the Agency.
            ``(3) Composition of the board of governors.--
                    ``(A) The Board of Governors shall consist of 9 
                members, as follows:
                            ``(i) Eight voting members who shall be 
                        appointed by the President, by and with the 
                        advice and consent of the Senate.
                            ``(ii) The Secretary of State who shall 
                        also be a voting member.
                    ``(B) The President shall appoint one member (other 
                than the Secretary of State) as Chair of the Board of 
                Governors, subject to the advice and consent of the 
                Senate.
                    ``(C) Exclusive of the Secretary of State, not more 
                than 4 of the members of the Board of Governors 
                appointed by the President shall be of the same 
                political party.
            ``(4) Term of office.--The term of office of each member of 
        the Board of Governors shall be three years, except that the 
        Secretary of State shall remain a member of the Board of 
        Governors during the Secretary's term of service. 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.
            ``(5) Selection of board of governors.--Members of the 
        Board of Governors 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.
            ``(6) Compensation.--Members of the Board of Governors, 
        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 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.
            ``(7) Decisions.--Decisions of the Board of Governors shall 
        be made by majority vote, a quorum being present. A quorum 
        shall consist of 5 members.
            ``(8) Immunity From civil liability.--Notwithstanding any 
        other provision of law, any and all limitations on liability 
        that apply to the members of the Board of Governors 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.
    ``(c) Director.--
            ``(1) Appointment.--The Board of Governors shall appoint a 
        Director of the Agency. The Director shall receive basic pay at 
        the rate payable for level IV of the Executive Schedule under 
        section 5313 of title 5, United States Code. The Director may 
        be removed through a majority vote of the Board.
            ``(2) Functions and duties.--The Director shall have the 
        following functions and duties:
                    ``(A) To exercise the authorities delegated by the 
                Board of Governors pursuant to section 305(b).
                    ``(B) To carry out all broadcasting activities 
                conducted pursuant to this title, the Radio 
                Broadcasting to Cuba Act, and the Television 
                Broadcasting to Cuba Act.
                    ``(C) To examine and make recommendations to the 
                Board of Governors on long-term strategies for the 
                future of international broadcasting, including the use 
                of new technologies.
                    ``(D) To review engineering activities to ensure 
                that all broadcasting elements receive the highest 
                quality and cost-effective delivery services.
                    ``(E) To procure supplies, services, and other 
                personal property to carry out the functions of the 
                Agency.
                    ``(F) To obligate and expend, for official 
                reception and representation expenses, such amounts as 
                may be made available through appropriations.
                    ``(G) To provide for the use of United States 
                Government transmitter capacity for relay of 
                broadcasting by grantees.
                    ``(H) 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.
                    ``(I) To procure for the Agency, pursuant to 
                section 1535 of title 31, United States Code goods and 
                services from other departments or agencies.
                    ``(J) To the extent funds are available, to lease 
                space and acquire personal property for the Agency.
    ``(d) Inspector General Authorities.--
            ``(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 of the Department of State and the 
        Foreign Service 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.''.
    (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 
on the day 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 of Governors established under subsection (b) 
without reappointment, or if their term has expired may serve until a 
successor is appointed and qualified.

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) The Agency shall have the following authorities and 
functions:
            ``(1) To supervise all broadcasting activities conducted 
        pursuant to this title, the Radio Broadcasting to Cuba Act, and 
        the Television Broadcasting to Cuba Act.
            ``(2) 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.
            ``(3) To develop strategic goals after reviewing human 
        rights reporting and other reliable assessments to assist in 
        determining programming and resource allocation.
            ``(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 make and supervise grants for broadcasting and 
        related activities in accordance with sections 308 and 309.
            ``(7) 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.
            ``(8) 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.
            ``(9) 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).
            ``(10) To make available in the annual report required by 
        paragraph (9) 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.
            ``(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, 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 Director 
        considers necessary in carrying out the provisions and purposes 
        of this title.
            ``(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 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 Board of Governors may delegate 
to the Director of the Agency, or any other officer or employee of the 
United States, the authorities provided in this section, except those 
authorities provided in paragraph (1), (2), (4), (5), (6), (7), or (9) 
of subsection (a).
    ``(c) Broadcasting Budgets.--Director and the grantees identified 
in sections 308 and 309 shall submit proposed budgets to the Board. The 
Board shall forward its recommendations concerning the proposed budget 
for the Board 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.''.

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. ADMINISTRATIVE PROVISIONS.

    The United States International Broadcasting Act of 1994 is amended 
by striking section 307 and inserting the following new section:

``SEC. 307. ADMINISTRATIVE PROVISIONS.

    ``(a) Officers and Employees.--The Board of Governors 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 Board of Governors, 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 Board of Governors 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 
Board of Governors may delegate any function to the Director and such 
other officers and employees of the Agency as the Board of Governors 
may designate, and may authorize such successive redelegations of such 
functions within the Agency as may be necessary or appropriate.
    ``(e) Contracts.--
            ``(1) In general.--Subject to the Federal Property and 
        Administrative Services Act of 1949 and other applicable 
        Federal law, the Board of Governors 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 Board of Governors may 
        determine necessary or appropriate to carry out functions of 
        the Board of Governors 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 Board of Governors considers necessary or 
appropriate to administer and manage the functions of 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 Board of Governors shall approve. 
Judicial notice shall be taken of such seal.''.

SEC. 305. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL 
              BROADCASTING BUREAU.

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

SEC. 306. 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 Board of Governors may, for purposes of performing 
        a function that is transferred to the Agency 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 310.
            (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 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).
            (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 
        310.

SEC. 307. 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 Governors of the 
                        International Broadcasting Agency'';
                    (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'';
                    (D) in subsection (g)(4) by striking 
                ``International Broadcasting Bureau'' and inserting 
                ``Agency''; and
                    (E) 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 Board of Governors 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 
                ``Board of Governors of the United States International 
                Broadcasting Agency''.
                    (C) In the fourth sentence by striking ``Board of 
                the International Broadcasting Bureau'' and inserting 
                ``Board of Governors 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 ``Board of Governors 
                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 ``Board of Directors 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 Board of Governors 
                of the United States International Broadcasting Agency 
                shall appoint a head of the Service who shall report 
                directly to the Board of Governors.''.
                    (B) In subsection (b) by striking ``Board'' and 
                inserting ``United States International Broadcasting 
                Agency''.
                    (C) In subsection (c) by striking ``The Board'' and 
                inserting ``The Agency'' and by striking ``Board 
                determines'' and inserting ``Board of Governors 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 ``Board of Governors of the United States 
        International Broadcasting Agency''.
    (e) United States Information and Educational Exchange Act of 
1948.--The United States Information and Educational Exchange Act of 
1948 (22 U.S.C. 1431 et seq.) is amended--
            (1) in section 505 (22 U.S.C. 1464a), by striking 
        ``Broadcasting Board of Governors'' each place it appears and 
        inserting ``United States International Broadcasting Agency''; 
        and
            (2) in section 506(c) (22 U.S.C. 1464b(c))--
                    (A) by striking ``Broadcasting Board of Governors'' 
                and inserting ``United States International 
                Broadcasting Agency''; and
                    (B) by striking ``Board'' and inserting ``Agency''.
    (e) Foreign Service Act of 1980.--The Foreign Service Act of 1980 
(22 U.S.C. 3901 et seq.) is amended--
            (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
        striking ``Broadcasting Board of Governors'' and inserting 
        ``United States International Broadcasting Agency'';
            (2) in section 210 (22 U.S.C. 3930), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States International Broadcasting Agency'';
            (3) in section 1003(a) (22 U.S.C. 4103(a)), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States International Broadcasting Agency''; and
            (4) in section 1101(c) (22 U.S.C. 4131(c)), by striking 
        ``Broadcasting Board of Governors,'' and inserting ``the United 
        States International Broadcasting Agency,''.
    (f) State Department Basic Authorities Act of 1956.--The State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is 
amended--
            (1) in section 23(a) (22 U.S.C. 2695(a)), by striking 
        ``Broadcasting Board of Governors,'' and inserting ``United 
        States International Broadcasting Agency,'';
            (2) in section 25(f) (22 U.S.C. 2697(f)--
                    (A) by striking ``Broadcasting Board of Governors'' 
                and inserting ``United States International 
                Broadcasting Agency''; and
                    (B) by striking ``the Board and the Agency'' and 
                inserting ``their respective agencies'';
            (3) in section 26(b) (22 U.S.C. 2698(b))--
                    (A) by striking `Broadcasting Board of Governors,'' 
                and inserting ``United States International 
                Broadcasting Agency''; and
                    (B) by striking ``the Board and the Agency'' and 
                inserting ``their respective agencies''; and
            (4) in section 32 (22 U.S.C. 2704), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States International Broadcasting Agency''.
    (g) Title 5, United States Code.--Section 5315 of title 5, United 
States Code, is amended--
            (1) by striking ``Director of the International 
        Broadcasting Bureau.''.
            (2) by adding at the end the following: ``Director, United 
        States International Broadcasting Agency.''.

SEC. 308. 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 Broadcasting Board of Governors or the International 
Broadcasting Bureau shall be deemed to refer to the United States 
International Broadcasting Agency or the Board of Governors of the 
United States International Broadcasting Agency established under this 
title.

SEC. 309. 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 (8) by striking the period and inserting 
        ``; and''; and
            (3) 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. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--In addition to such amounts 
as are otherwise authorized to be appropriated for the fiscal year 
2003, there are authorized to be appropriated $135,000,000 for the 
fiscal year 2003 for the Broadcasting Board of Governors to expand 
television and radio broadcasting to countries with predominantly 
Muslim populations and to support audience development.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

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.

            Passed the House of Representatives July 22, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.