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

<DOC>





                                                       Calendar No. 684
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

                           November 28, 2018

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``U.S. Agency for Global 
Media Reform Act''.</DELETED>

<DELETED>SEC. 2. LIMITATION ON CORPORATE LEADERSHIP OF 
              GRANTEES.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. INTERNATIONAL BROADCASTING ADVISORY BOARD.</DELETED>

<DELETED>    Section 306 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6205) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) through (c) and 
        inserting the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) constitute the first Advisory Board; 
        and</DELETED>
        <DELETED>    ``(2) hold office until replaced without 
        reappointment to the Advisory Board.</DELETED>
<DELETED>    ``(c) Composition of the Advisory Board.--</DELETED>
        <DELETED>    ``(1) In general.--The Advisory Board shall 
        consist of 7 members, of whom--</DELETED>
                <DELETED>    ``(A) 6 shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate, in accordance with subsection (d); 
                and</DELETED>
                <DELETED>    ``(B) 1 shall be the Secretary of 
                State.</DELETED>
        <DELETED>    ``(2) Chair.--The President shall designate, with 
        the advice and consent of the Senate 1 of the members appointed 
        under paragraph (1)(A) as Chair of the Advisory 
        Board.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Terms of office.--</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Vacancies.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Term.--Any members appointed 
                pursuant to subparagraph (A) shall serve for the 
                remainder of such term.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) in the subsection heading, by 
                inserting ``Advisory'' before ``Board''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``who 
                are'' before ``distinguished''; and</DELETED>
        <DELETED>    (3) by striking subsections (e) and (f) and 
        inserting the following:</DELETED>
<DELETED>    ``(e) Functions of the Advisory Board.--The members of the 
Advisory Board shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) obtain information from the Chief Executive 
        Officer, as needed, for the purposes of fulfilling the 
        functions described in this subsection;</DELETED>
        <DELETED>    ``(5) review budget submissions and strategic 
        plans before they are submitted to the Office of Management and 
        Budget or to Congress;</DELETED>
        <DELETED>    ``(6) advise the Chief Executive Officer to ensure 
        that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(7) provide other strategic input to the Chief 
        Executive Officer.</DELETED>
<DELETED>    ``(f) Appointment of Heads of Networks.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Quorum.--</DELETED>
                <DELETED>    ``(A) In general.--A quorum shall consist 
                of 4 members of the Advisory Board (excluding the 
                Secretary of State).</DELETED>
                <DELETED>    ``(B) Decisions.--Except as provided in 
                paragraph (2), decisions of the Advisory Board shall be 
                made by majority vote, a quorum being 
                present.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Closed sessions.--The Advisory Board 
                may meet in closed sessions in accordance with section 
                552b of title 5, United States Code.</DELETED>
<DELETED>    ``(g) Compensation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 4. CONFORMING AMENDMENTS.</DELETED>

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

<DELETED>SEC. 5. AVOIDING DUPLICATION OF PROGRAMS AND 
              EFFORTS.</DELETED>

<DELETED>    The Under Secretary for Public Diplomacy and Public 
Affairs of the Department of State shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. IMPROVING RESEARCH AND EVALUATION OF PUBLIC 
              DIPLOMACY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Public diplomacy bureaus and offices.--The 
        term ``public diplomacy bureaus and offices'' means--</DELETED>
                <DELETED>    (A) the Bureau of Educational and Cultural 
                Affairs;</DELETED>
                <DELETED>    (B) the Bureau of Public 
                Affairs;</DELETED>
                <DELETED>    (C) the Bureau of International 
                Information Programs;</DELETED>
                <DELETED>    (D) the Office of Policy, Planning, and 
                Resources for Public Diplomacy and Public 
                Affairs;</DELETED>
                <DELETED>    (E) the Global Engagement Center; 
                and</DELETED>
                <DELETED>    (F) the public diplomacy functions within 
                the regional and functional bureaus.</DELETED>
<DELETED>    (b) Research and Evaluation Activities.--The Secretary of 
State shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) make the findings of the research and 
        evaluations conducted under paragraph (1) available to 
        Congress.</DELETED>
<DELETED>    (c) Director of Research and Evaluation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Responsibilities.--The Director shall--
        </DELETED>
                <DELETED>    (A) coordinate and oversee the research 
                and evaluation of public diplomacy programs of the 
                Department of State--</DELETED>
                        <DELETED>    (i) to improve public diplomacy 
                        strategies and tactics; and</DELETED>
                        <DELETED>    (ii) to ensure that programs are 
                        increasing the knowledge, understanding, and 
                        trust of the United States by relevant target 
                        audiences;</DELETED>
                <DELETED>    (B) report to the Director of Policy 
                Planning in the Office of Policy, Planning, and 
                Resources for Public Diplomacy and Public 
                Affairs;</DELETED>
                <DELETED>    (C) routinely organize and oversee 
                audience research, digital analytics, and impact 
                evaluations across all public diplomacy bureaus and 
                offices of the Department of State;</DELETED>
                <DELETED>    (D) support embassy public affairs 
                sections;</DELETED>
                <DELETED>    (E) share appropriate public diplomacy 
                research and evaluation information within the 
                Department of State and with other Federal departments 
                and agencies;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Prioritizing Research and Evaluation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the United States Information and Educational 
        Exchange Act of 1948 (22 U.S.C. 1431 et seq.);</DELETED>
        <DELETED>    (2) the Mutual Educational and Cultural Exchange 
        Act of 1961 (22 U.S.C. 2451 et seq.);</DELETED>
        <DELETED>    (3) section 1287 of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 
        U.S.C. 2656 note); or</DELETED>
        <DELETED>    (4) the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 et seq.).</DELETED>
<DELETED>    (f) Limited Exemption to the Privacy Act.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Conditions.--Research and data analysis under 
        paragraph (1) shall be--</DELETED>
                <DELETED>    (A) reasonably tailored to meet the 
                purposes of this subsection; and</DELETED>
                <DELETED>    (B) carried out with due regard for 
                privacy and civil liberties guidance and 
                oversight.</DELETED>
<DELETED>    (g) United States Advisory Commission on Public 
Diplomacy.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. PERMANENT REAUTHORIZATION OF THE UNITED STATES 
              ADVISORY COMMISSION ON PUBLIC DIPLOMACY.</DELETED>

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

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 subsection (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 1 of the members appointed 
        under paragraph (1)(A) as Chair of the Advisory Board.
            ``(3) Party limitation.--Not more than 3 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 continue 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) consult with the Chief Executive Officer regarding 
        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) 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 (18), by striking 
                        ``Chief Executive Officer'' the first place it 
                        appears and inserting ``Agency formerly known 
                        as the Broadcasting Board of Governors'';
                            (iv) in paragraph (20), by striking 
                        ``Board'' and inserting ``Agency''; and
                            (v) in paragraph (22), by striking 
                        ``Board'' and inserting ``Agency'';
                    (B) in subsection (b), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
            (3) in section 308--
                    (A) by striking subsection (a);
                    (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' mean 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 316--
                    (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''.

SEC. 8. REPORTING REQUIREMENTS.

    (a) Defined Term.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on Appropriations of the House of 
        Representatives.
    (b) Report on United States Agency for Global Media Employees 
Suspended or Placed on Administrative Leave.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act and every 90 days thereafter, the 
        Chief Executive Officer of the United States Agency for Global 
        Media shall brief, or submit a report to, the appropriate 
        congressional committees on any employee of the Agency or 
        Agency Grantee Network who has been suspended or placed on 
        administrative leave for more than 45 days without a formal 
        disciplinary determination for writing or approving content in 
        programming inconsistent with the Agency's mission to ``inform, 
        engage, and connect people around the world in support of 
        freedom and democracy''.
            (2) Additional information.--The briefing or report 
        required under paragraph (1) shall include information 
        regarding--
                    (A) the suspended employee's employment status; and
                    (B) the reasons for the Agency's failure to make a 
                formal disciplinary determination.
    (c) Annual Report.--
            (1) Threats to journalists.--The United States Agency For 
        Global Media should continue to highlight, in its annual 
        report, threats to journalists around the world, including a 
        comprehensive list of restrictions imposed by foreign 
        governments on the activities of networks and grantees of the 
        Agency, including intimidation, harassment, and arrests of 
        journalists.
            (2) Availability.--The report referred to in paragraph 
        (1)--
                    (A) should be submitted to the appropriate 
                congressional committees; and
                    (B) should continue to be made publicly available.
            (3) Press freedom.--The Department of State should continue 
        to stress to foreign governments that press freedom is--
                    (A) a key component of democratic governance; and
                    (B) an important priority of United States foreign 
                policy.
                                                       Calendar No. 684

115th CONGRESS

  2d Session

                                S. 3654

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 28, 2018

                       Reported with an amendment