[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3654 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3654

 To amend the United States International Broadcasting Act of 1994, to 
  avoid the duplication of public diplomacy programs and efforts, to 
improve the research and evaluation of public diplomacy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2018

 Mr. Menendez introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To amend the United States International Broadcasting Act of 1994, to 
  avoid the duplication of public diplomacy programs and efforts, to 
improve the research and evaluation of public diplomacy, 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 ``U.S. Agency for Global Media Reform 
Act''.

SEC. 2. LIMITATION ON CORPORATE LEADERSHIP OF GRANTEES.

    Section 305 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6204) is amended by inserting after subsection (b) the 
following:
    ``(c) Limitation on Corporate Leadership of Grantees.--The Chief 
Executive Officer may not award any grant under subsection (a) to RFE/
RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, or 
any other statutorily authorized grantee (collectively referred to as 
the `Agency Grantee Networks') unless the incorporation documents of 
the grantee require that the corporate leadership and Board of 
Directors of the grantee be selected in accordance with this Act.''.

SEC. 3. INTERNATIONAL BROADCASTING ADVISORY BOARD.

    Section 306 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6205) is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) In General.--The International Broadcasting Advisory Board 
(referred to in this section as the `Advisory Board') shall advise the 
Chief Executive Officer of the United States Agency for Global Media, 
as appropriate.
    ``(b) Retention of Existing Broadcasting Board of Governors 
Members.--The presidentially appointed and Senate-confirmed members of 
the Board of the Broadcasting Board of Governors who were serving as of 
December 23, 2016, shall--
            ``(1) constitute the first Advisory Board; and
            ``(2) hold office until replaced without reappointment to 
        the Advisory Board.
    ``(c) Composition of the Advisory Board.--
            ``(1) In general.--The Advisory Board shall consist of 7 
        members, of whom--
                    ``(A) 6 shall be appointed by the President, by and 
                with the advice and consent of the Senate, in 
                accordance with subsection (d); and
                    ``(B) 1 shall be the Secretary of State.
            ``(2) Chair.--The President shall designate, with the 
        advice and consent of the Senate one of the members appointed 
        under paragraph (1)(A) as Chair of the Advisory Board.
            ``(3) Party limitation.--Not more than 4 members of the 
        Advisory Board appointed under paragraph (1)(A) may be 
        affiliated with the same political party.
            ``(4) Terms of office.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Board shall 
                serve for a single term of 4 years, except that, of the 
                first group of members appointed under paragraph 
                (1)(A)--
                            ``(i) 2 members who are not affiliated with 
                        the same political party, shall be appointed 
                        for terms ending on the date that is 2 years 
                        after the date of the enactment of the U.S. 
                        Agency for Global Media Reform Act;
                            ``(ii) 2 members who are not affiliated 
                        with the same political party, shall be 
                        appointed for terms ending on the date that is 
                        4 years after the date of the enactment of the 
                        U.S. Agency for Global Media Reform Act; and
                            ``(iii) 2 members who are not affiliated 
                        with the same political party, shall be 
                        appointed for terms ending on the date that is 
                        6 years after the date of the enactment of the 
                        U.S. Agency for Global Media Reform Act.
                    ``(B) Secretary of state.--The Secretary of State 
                shall serve as a member of the Advisory Board for the 
                duration of his or her tenure as Secretary of State.
            ``(5) Vacancies.--
                    ``(A) In general.--The President shall appoint, 
                with the advice and consent of the Senate, additional 
                members to fill vacancies on the Advisory Board 
                occurring before the expiration of a term.
                    ``(B) Term.--Any members appointed pursuant to 
                subparagraph (A) shall serve for the remainder of such 
                term.
                    ``(C) Service beyond term.--Any member whose term 
                has expired shall continual to serve as a member of the 
                Advisory Board until a qualified successor has been 
                appointed and confirmed by the Senate.
                    ``(D) Secretary of state.--When there is a vacancy 
                in the office of Secretary of State, the Acting 
                Secretary of State shall serve as a member of the 
                Advisory Board until a new Secretary of State is 
                appointed.'';
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting 
                ``Advisory'' before ``Board''; and
                    (B) in paragraph (2), by inserting ``who are'' 
                before ``distinguished''; and
            (3) by striking subsections (e) and (f) and inserting the 
        following:
    ``(e) Functions of the Advisory Board.--The members of the Advisory 
Board shall--
            ``(1) provide the Chief Executive Officer of the United 
        States Agency for Global Media with advice and recommendations 
        for improving the effectiveness and efficiency of the Agency 
        and its programming;
            ``(2) meet with the Chief Executive Officer at least twice 
        annually and at additional meetings at the request of the Chief 
        Executive Officer or the Chair of the Advisory Board;
            ``(3) report periodically, or upon request, to the 
        congressional committees specified in subsection (d)(2) 
        regarding its advice and recommendations for improving the 
        effectiveness and efficiency of the United States Agency for 
        Global Media and its programming;
            ``(4) obtain information from the Chief Executive Officer, 
        as needed, for the purposes of fulfilling the functions 
        described in this subsection;
            ``(5) review budget submissions and strategic plans before 
        they are submitted to the Office of Management and Budget or to 
        Congress;
            ``(6) advise the Chief Executive Officer to ensure that--
                    ``(A) the Chief Executive Officer fully respects 
                the professional integrity and editorial independence 
                of United States Agency for Global Media broadcasters, 
                networks, and grantees; and
                    ``(B) agency networks, broadcasters, and grantees 
                adhere to the highest professional standards and ethics 
                of journalism, including taking necessary actions to 
                uphold professional standards to produce consistently 
                reliable and authoritative, accurate, objective, and 
                comprehensive news and information; and
            ``(7) provide other strategic input to the Chief Executive 
        Officer.
    ``(f) Appointment of Heads of Networks.--
            ``(1) In general.--The head of Voice of America, of the 
        Office of Cuba Broadcasting, of RFE/RL, Inc., of Radio Free 
        Asia, of the Middle East Broadcasting Networks, or of any other 
        statutorily authorized grantee may only be appointed or removed 
        if such action has been approved by a majority vote of the 
        Advisory Board.
            ``(2) Removal.--After consulting with the Chief Executive 
        Officer, 5 or more members of the Advisory Board may 
        unilaterally remove any such head of network or grantee network 
        described in paragraph (1).
            ``(3) Quorum.--
                    ``(A) In general.--A quorum shall consist of 4 
                members of the Advisory Board (excluding the Secretary 
                of State).
                    ``(B) Decisions.--Except as provided in paragraph 
                (2), decisions of the Advisory Board shall be made by 
                majority vote, a quorum being present.
                    ``(C) Authorities.--The Advisory Board may exercise 
                the authorities set forth in section 305 and any other 
                provision under this title that is relevant to carrying 
                out the Advisory Board's functions.
                    ``(D) Closed sessions.--The Advisory Board may meet 
                in closed sessions in accordance with section 552b of 
                title 5, United States Code.
    ``(g) Compensation.--
            ``(1) In general.--Members of the Advisory Board, while 
        attending meetings of the Advisory Board or while engaged in 
        duties relating to such meetings or in other activities of the 
        Advisory Board under 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.
            ``(2) Travel expenses.--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 under section 5703 of such title for persons in the 
        Government service employed intermittently.
            ``(3) Secretary of state.--The Secretary of State is not 
        entitled to any compensation under this title, but may be 
        allowed travel expenses in accordance with paragraph (2).
    ``(h) Support Staff.--The Chief Executive Officer shall, from 
within existing United States Agency for Global Media personnel, 
provide the Advisory Board with an Executive Secretary and such 
administrative staff and support as may be necessary to enable the 
Advisory Board to carry out subsections (e) and (f).''.

SEC. 4. CONFORMING AMENDMENTS.

    The United States International Broadcasting Act of 1994 (22 U.S.C. 
6201 et seq.) is amended--
            (1) in section 304--
                    (A) in the section heading, by striking 
                ``broadcasting board of governors'' and inserting 
                ``united states agency for global media'';
                    (B) in subsection (a), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media'';
                    (C) in subsection (b)(1), by striking 
                ``Broadcasting Board of Governors'' and inserting 
                ``United States Agency for Global Media''; and
                    (D) in subsection (c), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
            (2) in section 305--
                    (A) in subsection (a)--
                            (i) in paragraph (6), by striking ``Board'' 
                        and inserting ``Agency'';
                            (ii) in paragraph (13), by striking 
                        ``Board'' and inserting ``Agency'';
                            (iii) in paragraph (20), by striking 
                        ``Board'' and inserting ``Agency''; and
                            (iv) in paragraph (22), by striking 
                        ``Board'' and inserting ``Agency''; and
                    (B) in subsection (b), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
            (3) in section 308--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Board'' and inserting 
                ``Agency'';
                    (B) in subsection (b), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
                    (C) in subsection (d), by striking ``Board'' and 
                inserting ``Agency'';
                    (D) in subsection (g), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
                    (E) in subsection (h)(5), by striking ``Board'' and 
                inserting ``Agency''; and
                    (F) in subsection (i), by striking ``Board'' and 
                inserting ``Agency'';
            (4) in section 309--
                    (A) in subsection (c)(1), by striking ``Board'' 
                each place such term appears and inserting ``Agency'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``Board'' and inserting 
                ``Agency'';
                    (C) in subsection (f), by striking ``Board'' each 
                place such term appears and inserting ``Agency''; and
                    (D) in subsection (g), by striking ``Board'' and 
                inserting ``Agency'';
            (5) in section 310(d), by striking ``Board'' and inserting 
        ``Agency'';
            (6) in section 310A(a), by striking ``Broadcasting Board of 
        Governors'' and inserting ``United States Agency for Global 
        Media'';
            (7) in section 310B, by striking ``Board'' and inserting 
        ``Agency'';
            (8) in section 313(a), in the matter preceding paragraph 
        (1), strike ``Board'' and insert ``Agency'';
            (9) in section 314, by striking ``(4) the terms `Board and 
        Chief Executive Officer of the Board' means the Broadcasting 
        Board of Governors'' and inserting the following:
            ``(2) the terms `Agency' and `Chief Executive Officer of 
        the Agency' mean the United States Agency for Global Media''; 
        and
            (10) in section 315--
                    (A) in subsection (a)(1), by striking 
                ``Broadcasting Board of Governors'' and inserting 
                ``United States Agency for Global Media''; and
                    (B) in subsection (c), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media''.

SEC. 5. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.

    The Under Secretary for Public Diplomacy and Public Affairs of the 
Department of State shall--
            (1) identify opportunities for greater efficiency of 
        operations, including through improved coordination of efforts 
        across public diplomacy bureaus and offices of the Department 
        of State; and
            (2) maximize shared use of resources between, and within, 
        such public diplomacy bureaus and offices in cases in which 
        programs, facilities, or administrative functions are 
        duplicative or substantially overlapping.

SEC. 6. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.

    (a) Definitions.--In this section:
            (1) Audience research.--The term ``audience research'' 
        means research conducted at the outset of a public diplomacy 
        program or campaign planning and design on specific audience 
        segments to understand the attitudes, interests, knowledge, and 
        behaviors of such audience segments.
            (2) Digital analytics.--The term ``digital analytics'' 
        means the analysis of qualitative and quantitative data, 
        accumulated in digital format, to indicate the outputs and 
        outcomes of a public diplomacy program or campaign.
            (3) Impact evaluation.--The term ``impact evaluation'' 
        means an assessment of the changes in the audience targeted by 
        a public diplomacy program or campaign that can be attributed 
        to such program or campaign.
            (4) Public diplomacy bureaus and offices.--The term 
        ``public diplomacy bureaus and offices'' means--
                    (A) the Bureau of Educational and Cultural Affairs;
                    (B) the Bureau of Public Affairs;
                    (C) the Bureau of International Information 
                Programs;
                    (D) the Office of Policy, Planning, and Resources 
                for Public Diplomacy and Public Affairs;
                    (E) the Global Engagement Center; and
                    (F) the public diplomacy functions within the 
                regional and functional bureaus.
    (b) Research and Evaluation Activities.--The Secretary of State 
shall--
            (1) conduct regular research and evaluation of public 
        diplomacy programs and activities of the Department of State, 
        including through the routine use of audience research, digital 
        analytics, and impact evaluations, to plan and execute such 
        programs and activities; and
            (2) make the findings of the research and evaluations 
        conducted under paragraph (1) available to Congress.
    (c) Director of Research and Evaluation.--
            (1) Appointment.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall appoint 
        a Director of Research and Evaluation (referred to in this 
        subsection as the ``Director'') in the Office of Policy, 
        Planning, and Resources for Public Diplomacy and Public 
        Affairs.
            (2) Limitation on appointment.--The appointment of the 
        Director pursuant to paragraph (1) shall not result in an 
        increase in the overall full-time equivalent positions within 
        the Department of State.
            (3) Responsibilities.--The Director shall--
                    (A) coordinate and oversee the research and 
                evaluation of public diplomacy programs of the 
                Department of State--
                            (i) to improve public diplomacy strategies 
                        and tactics; and
                            (ii) to ensure that programs are increasing 
                        the knowledge, understanding, and trust of the 
                        United States by relevant target audiences;
                    (B) report to the Director of Policy Planning in 
                the Office of Policy, Planning, and Resources for 
                Public Diplomacy and Public Affairs;
                    (C) routinely organize and oversee audience 
                research, digital analytics, and impact evaluations 
                across all public diplomacy bureaus and offices of the 
                Department of State;
                    (D) support embassy public affairs sections;
                    (E) share appropriate public diplomacy research and 
                evaluation information within the Department of State 
                and with other Federal departments and agencies;
                    (F) regularly design and coordinate standardized 
                research questions, methodologies, and procedures to 
                ensure that public diplomacy activities across all 
                public diplomacy bureaus and offices are designed to 
                meet appropriate foreign policy objectives; and
                    (G) report biannually to the United States Advisory 
                Commission on Public Diplomacy, through the 
                Subcommittee on Research and Evaluation established 
                pursuant to subsection (g), regarding the research and 
                evaluation of all public diplomacy bureaus and offices 
                of the Department of State.
            (4) Guidance and training.--Not later than 1 year after the 
        appointment of the Director pursuant to paragraph (1), the 
        Director shall create guidance and training, including 
        curriculum for use by the Foreign Service Institute, for all 
        public diplomacy officers regarding the reading and 
        interpretation of public diplomacy program evaluation findings 
        to ensure that such findings and lessons learned are 
        implemented in the planning and evaluation of all public 
        diplomacy programs and activities throughout the Department of 
        State.
    (d) Prioritizing Research and Evaluation.--
            (1) In general.--The Director of Policy Planning shall 
        ensure that research and evaluation, as coordinated and 
        overseen by the Director of Research and Evaluation, supports 
        strategic planning and resource allocation across all public 
        diplomacy bureaus and offices of the Department of State.
            (2) Allocation of resources.--Amounts allocated for the 
        purposes of research and evaluation of public diplomacy 
        programs and activities pursuant to subsection (b) shall be 
        made available to be disbursed at the direction of the Director 
        of Research and Evaluation among the research and evaluation 
        staff across all public diplomacy bureaus and offices of the 
        Department of State.
            (3) Sense of congress.--It is the sense of Congress that 
        the Department of State should gradually increase its 
        allocation of funds made available under the headings 
        ``educational and cultural exchange programs'' and ``diplomatic 
        and consular programs'' for research and evaluation of public 
        diplomacy activities and programs pursuant to subsection (a) to 
        a percentage of program funds that is commensurate with 
        government best practices.
    (e) Limited Exemption.--Chapter 35 of title 44, United States Code 
(commonly known as the ``Paperwork Reduction Act''), shall not apply to 
collections of information directed at any individuals conducted by, or 
on behalf of, the Department of State for the purpose of audience 
research, monitoring, and evaluations, and in connection with the 
Department's activities conducted pursuant to--
            (1) the United States Information and Educational Exchange 
        Act of 1948 (22 U.S.C. 1431 et seq.);
            (2) the Mutual Educational and Cultural Exchange Act of 
        1961 (22 U.S.C. 2451 et seq.);
            (3) section 1287 of the National Defense Authorization Act 
        for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note); 
        or
            (4) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.).
    (f) Limited Exemption to the Privacy Act.--
            (1) In general.--The Department of State shall maintain, 
        collect, use, and disseminate records (as defined in section 
        552a(a)(4) of title 5, United States Code) for research and 
        data analysis of communications related to public diplomacy 
        efforts intended for foreign audiences.
            (2) Conditions.--Research and data analysis under paragraph 
        (1) shall be--
                    (A) reasonably tailored to meet the purposes of 
                this subsection; and
                    (B) carried out with due regard for privacy and 
                civil liberties guidance and oversight.
    (g) United States Advisory Commission on Public Diplomacy.--
            (1) Subcommittee for research and evaluation.--The United 
        States Advisory Commission on Public Diplomacy shall establish 
        a Subcommittee for Research and Evaluation to monitor and 
        advise regarding the research and evaluation activities of the 
        Department of State and the United States Agency for Global 
        Media.
            (2) Report.--The Subcommittee for Research and Evaluation 
        established pursuant to paragraph (1) shall submit an annual 
        report to Congress in conjunction with the Commission on Public 
        Diplomacy's Comprehensive Annual Report on the performance of 
        the Department and the United States Agency for Global Media in 
        carrying out research and evaluations of their respective 
        public diplomacy programming.

SEC. 7. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY 
              COMMISSION ON PUBLIC DIPLOMACY.

    Section 1334 of the Foreign Affairs Reform and Restructuring Act of 
1998 (22 U.S.C. 6553) is amended--
            (1) in the section heading, by striking ``sunset'' and 
        inserting ``continuation''; and
            (2) by striking ``until October 1, 2020''.
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