1.This Act may be cited as the United
States Broadcasting Reorganization Act of 2009
.
2.Establishment of
United States International Broadcasting Agency
(a)Section 304 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6203) is
amended to read as follows:
304.Establishment of
United States International Broadcasting Agency
(a)There
is established as an independent agency in the executive branch the United
States International Broadcasting Agency (in this title referred to as the
Agency
).
(b)Board of
Governors of the Agency
(1)The Agency shall be headed by the Board of Governors of
the United States International Broadcasting Agency (in this title referred to
as the Board of Governors
).
(2)Authorities and
functionsThe Board of Governors 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 nine 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, by and with the advice
and consent of the Senate.
(C)Exclusive of the Secretary of State, not more than
four of the members of the Board of Governors appointed by the President shall
be of the same political party.
(4)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, a
board member to fill a vacancy occurring prior to the expiration of a term, in
which case the member 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 GovernorsMembers 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 citizens distinguished in the fields of
mass communications, print, broadcast media, or foreign affairs.
(6)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 paragraph.
(7)Decisions
of the Board of Governors shall be made by majority vote, a quorum being
present. A quorum shall consist of five members.
(8)Immunity from
civil liabilityNotwithstanding any other provision of law, any
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, Middle East Broadcasting
Network, and Radio Free Asia.
(c)
(1)The
Board of Governors shall appoint a Director of the Agency. The Director shall
receive basic pay at the rate payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code. The Director may be removed
through a majority vote of the Board, a quorum being present. A quorum shall
consist of five members.
(2)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)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 broadcastersThe Inspector General of
the Department of State shall respect the journalistic integrity of 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 membersThe 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 Act 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
section 304(b) of the United States International Broadcasting Act of 1994, as
amended by subsection (a) of this section, without reappointment, or if their
term has expired may serve until a successor is appointed and qualified.
3.
(a)There shall be established by the Board of Governors an
Office of the Ombudsman (in this section referred to as the
Office
). The Director of the United States International
Broadcasting Agency shall designate an Ombudsman to carry out the duties of the
Office.
(b)The
Office shall act as a liaison between both the audience and employees and
employees and management of the broadcasting entities under the control of the
Board of Governors.
(c)The Board shall ensure that the services of the Office
are available to the public online and through advertising.
(d)Any
information provided to the Office may be disclosed only to the extent
necessary to carry out the duties of the Office.
4.Authorities and
functions of the agencySection 305 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended to read as
follows:
305.Authorities and
functions of the United States International Broadcasting 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 specified 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 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
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 of Governors 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)Availability of
programming content
(1)Notwithstanding
section 501 of the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461), the Board of Governors may make programming content
produced by Middle East Broadcast Network, Alhurra, Radio Sawa, Radio Farda,
and VOA Persian Service available to cable or satellite broadcasters operating
in the United States.
(2)Availability of
programming content in other than EnglishIn cases where foreign
broadcasters have access to United States cable and satellite transmission
capabilities, the Board of Governors is authorized to make available the
programming content of its corresponding language service to cable and
satellite broadcasters operating in the United States.
(3)Notwithstanding section 3302 of title 31, United States
Code, or any other provision of law or limitation of authority, fees and
receipts generated by the Agency’s placement of programming in accordance with
this section are authorized to be credited each fiscal year for authorized
purposes to the appropriate appropriations account of the Board of
Governors.
(c)The Board of Governors may delegate to the Director of
the Agency, or any other officer or employee of the United States the
authorities referred to in—
(1)subsection (a),
except those authorities referred to in paragraph (1), (2), (4), (5), (6), (7),
or (9) of such subsection; and
(2)subsection
(b).
(d)The Director and the grantees identified in sections 308
and 309 shall submit proposed budgets to the Board of Governors. The Board of
Governors shall forward to the Office of Management and Budget its
recommendations concerning the proposed budget for the Board of Governors and
broadcasting activities under this title, the Radio Broadcasting to Cuba Act,
and the Television Broadcasting to Cuba
Act.
.
5.Role of the
Secretary of StateSection 306
of the United States International Broadcasting Act of 1994 (22 U.S.C. 6205) is
amended to read as follows:
306.Role of the
Secretary of StateTo assist
the Agency in carrying out its functions, the Secretary of State shall provide
to the Agency such information and guidance concerning foreign policy and
public diplomacy issues as the Secretary considers
appropriate.
.
6.Administrative
provisionsSection 307 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6206) is
amended to read as follows:
307.Administrative
provisions
(a)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)The Board of Governors, as may be provided in
appropriations 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)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 of the Agency.
(2)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)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)
(1)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 requiredNo 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 appropriations Acts.
(f)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)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.
.
7.Broadcasting
Board of Governors and International Broadcasting BureauThe Broadcasting Board of Governors and the
International Broadcasting Bureau are abolished.
8.Disseminating
information about the United States abroadSection 501 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1461(a)), is amended—
(a)in the first
sentence, by striking (a) The Secretary is authorized
and
inserting (a)(1) The Secretary is authorized
;
(b)in the second
sentence, by striking Subject to subsection (b)
and inserting
Subject to subsections (a)(2) and (b)
; and
(c)by adding at the
end the following new paragraph:
(2)Notwithstanding the restriction on
domestic dissemination described in paragraph (1), the Secretary is authorized
to provide for the preparation and posting on the Internet of program material
without regard to whether such material can be accessed
domestically.
.
9.Section 303(a) of
the United States International Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is
amended—
(1)in paragraph (7),
by striking and
at the end;
(2)in paragraph (8),
by striking the period at the end 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.
.
10.
(a)Except as otherwise provided in this Act or an
amendment made by this Act, all functions that on the day before the effective
date specified in section 14 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 Act effective on that date.
(b)Determination of
certain functionsIf necessary, the Director of the Office of
Management and Budget shall make any determination of the functions that are
transferred under this Act.
(c)
(1)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 14.
(2)Authorities to
wind up affairsThe Director of the Office of Management and
Budget 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)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
14.
11.
(a)United States
International Broadcasting Act of 1994The United States
International Broadcasting Act of 1994 is amended—
(1)in section 308 (22
U.S.C. 6207)—
(A)in subsection
(a)—
(i)in
the matter preceding paragraph (1), 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)by amending
subsection (b) to read as follows:
(b)Location of
principal place of businessThe Agency may not make any grant to
RFE/RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its
senior administrative and managerial staff are in a location which ensures
economy, operational effectiveness, and accountability to the
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)(3), by striking and the Foreign Service
each place it
appears;
(2)in section 309 (22
U.S.C. 6208)—
(A)in subsection
(c)(1), by striking Board
both places it appears and inserting
Agency
;
(B)by striking
subsection (e);
(C)in subsections
(f), by striking Board
and inserting Agency
;
and
(D)in subsection
(g)—
(i)in
the first sentence, by striking Board
and inserting
Agency
; and
(ii)in
the second sentence, by striking Chairman of the Board
and
inserting Agency
;
(3)by
striking section 311 (22 U.S.C. 6210);
(4)in section 313(a)
(22 U.S.C. 6212(a)), in the matter preceding paragraph (1), by striking
Board
and inserting Agency
; and
(5)by striking
section 315 (22 U.S.C. 6214).
(b)Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996Section 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 ActThe Radio Broadcasting to Cuba Act is
amended—
(1)in
section 3 (22 U.S.C. 1465a)—
(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
; and
(C)in subsections
(a), (d), and (f) by striking Broadcasting Board of Governors
and inserting United States International Broadcasting
Agency
;
(2)in section 4 (22
U.S.C. 1465b)—
(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
; and
(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
;
(3)in section 5(b)
(22 U.S.C. 1465c(b)) in subsection (b), by striking Broadcasting
Advisory Board of Governors
and inserting Board of Governors of
the United States International Broadcasting Agency
;
(4)in
section 6 (22 U.S.C. 1465d)—
(A)in subsection (a),
by striking Broadcasting Board of Governors
and inserting
United States International Broadcasting Agency
and by striking
the Board
and inserting the Board of Directors of the
United States International Broadcasting Agency
; and
(B)in subsection (b),
by striking Board
each place it appears and inserting
United States International Broadcasting Agency
;
(5)in
section 7 (22 U.S.C. 1465e), in subsections (b) and (d), by striking
Board
and inserting United States International
Broadcasting Agency
; and
(6)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 ActThe Television Broadcasting to Cuba Act
is amended—
(1)in section 243(a)
(22 U.S.C. 1465bb), by striking Broadcasting Board of Governors
and inserting United States International Broadcasting
Agency
;
(2)in section 244 (22
U.S.C. 1465cc)—
(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
; and
(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
; and
(3)in section 246 (22
U.S.C. 1465dd), by striking Broadcasting Board of Governors
and
inserting United States International Broadcasting Agency
and by
striking the Board
and inserting the Board of Governors
of the United States International Broadcasting Agency
.
(e)United States
Information and Educational Exchange Act of 1948The United
States Information and Educational Exchange Act of 1948 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
the Broad
and inserting the Agency
.
(f)Foreign Service
Act of 1980The Foreign Service Act of 1980 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), in the second sentence, 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,
.
(g)State Department
Basic Authorities Act of 1956The State Department Basic
Authorities Act of 1956 is amended—
(1)in
section 23(a) (22 U.S.C. 2695(a)), in the first sentence, 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), in the second sentence, by striking Broadcasting Board of
Governors
and inserting United States International Broadcasting
Agency
.
(h)Title 5, United
States CodeTitle 5 of the United States Code is amended—
(1)in section 5314,
by adding at the end the following: Director, United States
International Broadcasting Agency.
; and
(2)in section 5315,
by striking Director of the International Broadcasting
Bureau.
.
12.Except as otherwise provided in this Act or
an amendment made by this Act, 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 Act.
13.Except as otherwise
provided, this Act and the amendments made by this Act shall take effect on the
last day of the six-month period beginning on the date of the enactment of this
Act.