[Congressional Record Volume 160, Number 119 (Monday, July 28, 2014)]
[House]
[Pages H6886-H6895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES INTERNATIONAL COMMUNICATIONS REFORM ACT OF 2014
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4490) to enhance the missions, objectives, and effectiveness of
United States international communications, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4490
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
States International Communications Reform Act of 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and declarations.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Broadcasting standards.
Sec. 6. Eligible broadcast areas.
TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY
Subtitle A--Establishment of the United States International
Communications Agency
Sec. 101. Existence within the Executive Branch.
Sec. 102. Establishment of the board of the United States International
Communications Agency.
Sec. 103. Authorities and duties of the board of the United States
International Communications Agency.
Sec. 104. Establishment of the Chief Executive Officer of the United
States International Communications Agency.
Sec. 105. Authorities and duties of the Chief Executive Officer of the
United States International Communications Agency.
Sec. 106. Role of the Secretary of State.
Sec. 107. Role of the Inspector General.
Sec. 108. Enhanced coordination between United States International
Communications Agency and the Freedom News Network;
program content sharing; grantee independence.
Sec. 109. Enhanced coordination among the United States International
Communications Agency, the Freedom News Network, and the
Department of State; Freedom News Network independence.
Sec. 110. Grants to the Freedom News Network.
Sec. 111. Other personnel and compensation limitations.
Sec. 112. Reporting requirements of the United States International
Communications Agency.
Subtitle B--The Voice of America
Sec. 121. Sense of Congress.
Sec. 122. Principles of the Voice of America.
Sec. 123. Duties and responsibilities of the Voice of America.
Sec. 124. Limitation on voice of America news, programming, and
content; exception for broadcasting to Cuba.
Sec. 125. Director of Voice of America.
Subtitle C--General Provisions
Sec. 131. Federal agency coordination in support of United States
public diplomacy.
Sec. 132. Federal agency assistance and coordination with the United
States International Communications Agency and the
Freedom News Network during international broadcast
surges.
Sec. 133. Freedom News Network right of first refusal in instances of
Federal disposal of radio or television broadcast
transmission facilities or equipment.
Sec. 134. Repeal of the United States International Broadcasting Act of
1994.
Sec. 135. Effective date.
TITLE II--THE FREEDOM NEWS NETWORK
Sec. 201. Sense of Congress.
Subtitle A--Consolidation of Existing Grantee Organizations
Sec. 211. Formation of the Freedom News Network from existing grantees.
Sec. 212. Mission of the Freedom News Network.
Sec. 213. Standards and principles of the Freedom News Network.
Subtitle B--Organization of the Freedom News Network
Sec. 221. Governance of the Freedom News Network.
Sec. 222. Budget of the Freedom News Network.
Sec. 223. Assistance from other government agencies.
Sec. 224. Reports by the Office of the Inspector General of the
Department of State; audits by GAO.
Sec. 225. Amendments to the United States Information and Educational
Exchange Act of 1948.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Preservation of United States National Security objectives.
Sec. 302. Requirement for authorization of appropriations.
SEC. 2. FINDINGS AND DECLARATIONS.
Congress finds and declares the following:
(1) United States international broadcasting exists to
advance the United States interests and values by presenting
accurate, objective, and comprehensive news and information,
which is the foundation for democratic governance, to
societies that lack a free media.
(2) Article 19 of the Universal Declaration of Human Rights
states that ``[e]veryone has the right to freedom of opinion
and expression'', and that ``this right includes freedom to
hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless
of frontiers''.
(3) Secretary of State Hillary Clinton testified before the
Committee on Foreign Affairs of the House of Representatives
on January 23, 2013, that the Broadcasting Board of Governors
(BBG) ``is practically a defunct agency in terms of its
capacity to be able to tell a message around the world. So
we"re abdicating the ideological arena and need to get back
into it.''.
(4) The BBG, which was created by Congress to oversee the
United States international broadcasting in the wake of the
Cold War, has, because of structural and managerial issues,
had limited success to date in both coordinating the various
components of the international broadcasting framework and
managing the day-to-day operations of the Federal components
of the international broadcasting framework.
(5) The lack of regular attendance by board members and a
periodic inability to form a quorum have plagued the BBG and,
as a result, it has been functionally incapable of running
the agency.
(6) The board of governors has only achieved the full slate
of all nine governors for seven of its 17 years of existence,
which highlights the difficulties of confirming and retaining
governors under the current structure.
(7) Both the Department of State's Office of Inspector
General and the Government Accountability Office have issued
reports which outline a severely dysfunctional organizational
structure of the Broadcasting Board of Governors.
(8) The Inspector General of the Department of State
concluded in its January 2013 report that dysfunction of the
BBG stems from ``a flawed legislative structure and acute
internal dissension''.
(9) The Inspector General of the Department of State also
found that the BBG's structure of nine part-time members
``cannot effectively supervise all United States Government-
supported, civilian international broadcasting'', and its
involvement in day-to-day operations has impeded normal
management functions.
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(10) The Government Accountability Office report determined
that there was significant overlap among the BBG's languages
services, and that the BBG did not systematically consider
the financial cost of overlap.
(11) According to the Office of the Inspector General, the
BBG's Office of Contracts is not in compliance with the
Federal Acquisition Regulation, lacks appropriate contract
oversight, and violates the Anti-Deficiency Act. The Office
of the Inspector General also determined that the
Broadcasting Board of Governors has not adequately performed
full and open competitions or price determinations, has
entered into hundreds of personal service contracts without
statutory authority, and contractors regularly work without
valid contracts in place.
(12) The size and make-up of the BBG workforce should be
closely examined, given the agency's broader broadcasting and
technical mission, as well as changing media technologies.
(13) The BBG should be structured to ensure that more
taxpayer dollars are dedicated to the substantive,
broadcasting, and information-related elements of the
agency's mission.
(14) The lack of a coherent and well defined mission of the
Voice of America has led to programming that duplicates the
efforts of the Office of Cuba Broadcasting, Radio Free Asia,
RFE/RL, Incorporated, and the Middle East Broadcasting
Networks, Incorporated that results in inefficient use of
tax-payer funding.
(15) The annual survey conducted by the ``Partnership for
Public Service'' consistently ranks the Broadcasting Board of
Governors at or near the bottom of all Federal agencies in
terms of ``overall best places to work'' and ``the extent to
which employees feel their skills and talents are used
effectively''. The consistency of these low scores point to
structural, cultural, and functional problems at the
Broadcasting Board of Governors.
(16) The Federal and non-Federal organizations that
comprise the United States international broadcasting
framework have different, yet complementary, missions that
necessitate coordination at all levels of management.
(17) The Broadcasting Board of Governors has an
overabundance of senior civil service positions, defined here
as full-time employees encumbering GS-14 and GS-15 positions
on the General Schedule pay scale.
(18) United States international broadcasting should seek
to leverage public-private partnerships, including the
licensing of content and the use of technology owned or
operated by non-governmental sources, where possible to
expand outreach capacity.
(19) Shortwave broadcasting has been an important method of
communication that should be utilized in regions as a
component of United States international broadcasting where a
critical need for the platform exists.
(20) Congressional action is necessary at this time to
improve international broadcasting operations, strengthen the
United States public diplomacy efforts, enhance the grantee
surrogate broadcasting effort, restore focus to news,
programming, and content, and maximize the value of Federal
and non-Federal resources that are dedicated to public
diplomacy and international broadcasting.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To provide objective, accurate, credible, and
comprehensive news and information to societies that lack
freedom of expression and information.
(2) To improve the efficiency, effectiveness, and
flexibility of United States international broadcasting to
allow it to adapt to constantly changing political and media
environments through clarification of missions, improved
coordination, and organizational restructuring.
(3) To coordinate the complementary efforts of the
Department of State and United States international
broadcasting.
(4) To create a United States international broadcasting
framework that more effectively leverages the broadcasting
tools available and creates specialization of expertise in
mission oriented programming, while minimizing waste and
inefficiency.
(5) To improve United States international broadcasting
workforce effectiveness, security, and satisfaction.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate.
(2) Grantee.--The term ``grantee'' means the non-Federal
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code as of day before the date of the enactment of
this Act that receives Federal funding from the Broadcasting
Board of Governors, and includes Radio Free Asia, RFE/RL,
Incorporated, and the Middle East Broadcasting Networks,
Incorporated.
(3) Freedom news network.--The term ``Freedom News
Network'' refers to the non-Federal organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that would
receive Federal funding and be responsible for promoting
democratic freedoms and free media operations for foreign
audiences in societies that lack freedom of expression and
information, and consisting of the consolidation of the
grantee in accordance with section 211.
(4) Public diplomacy.--The term ``public diplomacy'' means
the effort to achieve broad United States foreign policy
goals and objectives, advance national interests, and enhance
national security by informing and influencing foreign
publics and by expanding and strengthening the relationship
between the people and Government of the United States and
citizens of other countries.
SEC. 5. BROADCASTING STANDARDS.
United States international broadcasting shall incorporate
the following standards into all of its broadcasting efforts:
(1) Be consistent with the broad foreign policy objectives
of the United States.
(2) Be consistent with the international telecommunications
policies and treaty obligations of the United States.
(3) Not duplicate the activities of private United States
broadcasters.
(4) Be conducted in accordance with the highest
professional standards of broadcast journalism while
remaining consistent with and supportive of the broad foreign
policy objectives of the United States.
(5) Be based on reliable, research-based information, both
quantitative and qualitative, about its potential audience.
(6) Be designed so as to effectively reach a significant
audience.
(7) Promote freedom of expression, religion, and respect
for human rights and human equality.
SEC. 6. ELIGIBLE BROADCAST AREAS.
(a) In General.--The Board of the United States
International Communications Agency and the Board of the
Freedom News Network, in consultation with the Secretary of
State, shall ensure that United States international
broadcasting is conducted only to countries and regions
that--
(1) lack democratic rule, or the indicia of democratic
rule, such as demonstrable proof of free and fair elections;
(2) lack the legal and political environment that allows
media organizations and journalists to operate free from
government-led or permitted harassment, intimidation,
retribution, and from economic impediments to the
development, production, and dissemination of news and
related programming and content;
(3) lack established, domestic, and widely accessible media
that provide accurate, objective, and comprehensive news and
related programming and content; and
(4) by virtue of the criteria described in this subsection,
would benefit the national security and related interests of
the United States, and the safety and security of United
States citizens at home and abroad.
(b) Exception.--The United States International
Communications Agency and the Freedom News Network may
broadcast to countries that fall outside of the criteria
described in subsection (a) if the Chief Executive Officer of
the Agency and the Freedom News Network, in consultation with
the Secretary of State, determine it is in the national
security interest of the United States, or in the interests
of preserving the safety and security of United States
citizens at home and abroad, to do so.
TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY
Subtitle A--Establishment of the United States International
Communications Agency
SEC. 101. EXISTENCE WITHIN THE EXECUTIVE BRANCH.
There is hereby established a single Federal organization
consisting of the Voice of America and the offices that
constitute the International Broadcasting Bureau and referred
to hereafter as the ``United States International
Communications Agency'', which shall exist within the
executive branch of Government as an independent
establishment described in section 104 of title 5, United
States Code.
SEC. 102. ESTABLISHMENT OF THE BOARD OF THE UNITED STATES
INTERNATIONAL COMMUNICATIONS AGENCY.
(a) Composition of the Board of the United States
International Communications Agency.--
(1) In general.--The Board (in this section referred to as
the ``Board'') of the United States International
Communications Agency shall consist of nine members, as
follows:
(A) Eight voting members who shall be appointed by the
President, by and with the advice and consent of the Senate.
(B) The Secretary of State, who shall also be a voting
member.
(2) Chair.--The President shall appoint one member (other
than the Secretary of State) as Chair of the Board, by and
with the advice and consent of the Senate.
(3) Political affiliation.--Exclusive of the Secretary of
State, not more than four members of the Board shall be of
the same political party.
(4) Retention of existing bbg members.--The presidentially-
appointed and Senate-confirmed members of the Broadcasting
Board of Governors serving as of the date of the enactment of
this Act shall constitute the Board of the United States
International Communications Agency and hold office the
remainder of their original terms of office without
reappointment to the Board.
(b) Term of Office.--The term of office of each member of
the Board shall be three
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years, except that the Secretary of State shall remain a
member of the Board during the Secretary's term of service.
Of the other eight voting members, the initial terms of
office of two members shall be one year, and the initial
terms of office of three other members shall be two years, as
determined by the President. The President shall appoint, by
and with the advice and consent of the Senate, Board members
to fill vacancies occurring prior to the expiration of a
term, in which case the members so appointed shall serve for
the remainder of such term. Members may not serve beyond
their terms. 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.
(c) Selection of Board.--Members of the Board 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 public diplomacy, mass
communications, print, broadcast media, or foreign affairs.
(d) Compensation.--Members of the Board, 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, in accordance with
section 5703 of such title for persons in the Government
service employed intermittently. The Secretary of State shall
not be entitled to any compensation under this chapter.
(e) Decisions.--Decisions of the Board shall be made by
majority vote, a quorum being present. A quorum shall consist
of a majority of members then serving at the time a decision
of the Board is made.
(f) Transparency.--The Board of the United States
International Communications Agency shall adhere to the
provisions specified in the Government in the Sunshine Act
(Public Law 94-409).
SEC. 103. AUTHORITIES AND DUTIES OF THE BOARD OF THE UNITED
STATES INTERNATIONAL COMMUNICATIONS AGENCY.
The Board of the United States International Communications
Agency shall have the following authorities:
(1) To review and evaluate the mission and operation of,
and to assess the quality, effectiveness, and professional
integrity of, all programming produced by the United States
International Communications Agency to ensure alignment with
the broad foreign policy objectives of the United States.
(2) To ensure that broadcasting of the United States
International Communications Agency is conducted in
accordance with the standards specified in section 5.
(3) To review, evaluate, and recommend to the Chief
Executive of the United States International Communications
Agency, at least annually, in consultation with the Secretary
of State, the necessity of adding or deleting of language
services of the Agency.
(4) To submit to the President and Congress an annual
report which summarizes and evaluates activities of the
United States International Communications Agency described
in this title.
SEC. 104. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE
UNITED STATES INTERNATIONAL COMMUNICATIONS
AGENCY.
(a) In General.--There shall be a Chief Executive Officer
of the United States International Communications Agency,
appointed by the Board of the Agency for a five-year term,
renewable at the Board's discretion, and subject to the
provisions of title 5, United States Code, governing
appointments, classification, and compensation.
(b) Qualifications.--The Chief Executive Officer shall be
selected from among United States citizens with two or more
of the following qualifications:
(1) A distinguished career in managing a large organization
or Federal agency.
(2) Experience in the field of mass communications, print,
or broadcast media.
(3) Experience in foreign affairs or international
relations.
(4) Experience in directing United States public diplomacy
programs.
(c) Termination and Transfer.--Immediately upon appointment
of the Chief Executive Officer under subsection (a), the
Director of the International Broadcasting Bureau shall be
terminated, and all of the responsibilities and authorities
of the Director shall be transferred to and assumed by the
Chief Executive Officer.
(d) Removal of Chief Executive Officer.--The Chief
Executive Officer under subsection (a) may be removed upon a
two-thirds majority vote of the members of the Board of the
United States International Communications Agency then
serving.
(e) Compensation of the Chief Executive Officer.--Any Chief
Executive Officer of the United States International
Communications Agency hired after the date of the enactment
of this Act, shall be eligible to receive compensation up to
an annual rate of pay equivalent to level I of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 105. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE
OFFICER OF THE UNITED STATES INTERNATIONAL
COMMUNICATIONS AGENCY.
(a) Duties.--The Chief Executive Officer under section 104
shall direct operations of the United States International
Communications Agency and shall have the following non-
delegable authorities, subject to the supervision of the
Board of the United States International Communications
Agency:
(1) To supervise all Federal broadcasting activities
conducted pursuant to title V of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1461 et seq.) and the Voice of America as described in
subtitle B of title I of this Act.
(2) To make and ensure compliance with the terms and
conditions of the grant agreement in accordance with section
110.
(3) To review engineering activities to ensure that all
broadcasting elements receive the highest quality and cost-
effective delivery services.
(4) To undertake such studies as may be necessary to
identify areas in which broadcasting activities under the
authority of the United States International Communications
Agency could be made more efficient and economical.
(5) To the extent considered necessary to carry out the
functions of the Board, procure supplies, services, and other
personal property, as well as procurement pursuant to section
1535 of title 31, United States Code (commonly referred to as
the ``Economy Act''), of such goods and services from other
Federal agencies for the Board as the Board determines are
appropriate.
(6) To appoint such staff personnel for the Board as the
Board may determine to be necessary, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and to fix their
compensation in accordance with the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(7) To obligate and expend, for official reception and
representation expenses, such amounts as may be made
available through appropriations Acts.
(8) To make available in the annual reports required under
section 103 information on funds expended on administrative
and managerial services by the Board of the United States
Communications Agency, and the steps the Board has taken to
reduce unnecessary overhead costs for each of the
broadcasting services.
(9) To provide for the use of United States Government
broadcasting capacity to the Freedom News Network.
(10)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109
of title 5, United States Code, at rates not to exceed the
daily equivalent of the rate provided for positions
classified above grade GS-15 of the General Schedule under
section 5108 of such title.
(B) To allow those individuals providing such services,
while away from their homes or their regular places of
business, travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently, while so employed.
(11) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.),
and section 6 of Reorganization Plan Number 2 of 1977, as in
effect on the day before the effective date of title XIII of
the Foreign Affairs Agencies Consolidation Act of 1998, to
the extent the Board considers necessary to carry out the
provisions and purposes of this Act.
(12) To utilize the authorities of any other statute,
reorganization plan, executive order, regulation, agreement,
determination, or other official document or proceeding that
had been available to the Director of the United States
Information Agency, the International Broadcasting Bureau, or
the Board of the Broadcasting Board of Governors before the
date of the enactment of this Act.
(13)(A) To provide for the payment of primary and secondary
school expenses for dependents of personnel stationed in the
Commonwealth of the Northern Mariana Islands (CNMI) at a cost
not to exceed expenses authorized by the Department of
Defense for such schooling for dependents of members of the
Armed Forces stationed in the Commonwealth, if the Board
determines that schools available in the Commonwealth are
unable to provide adequately for the education of the
dependents of such personnel.
(B) To provide transportation for dependents of such
personnel between their places of residence and those schools
for which expenses are provided under subparagraph (A), if
the Board determines that such schools are not accessible by
public means of transportation.
(b) Consultations.--The Chief Executive Officer of the
United States International Communications Agency shall
regularly consult with the Chief Executive Officer of the
Freedom News Network and the Secretary of State as described
in sections 108 and 109.
SEC. 106. ROLE OF THE SECRETARY OF STATE.
To assist the Board of the United States International
Communications Agency in carrying out its functions, the
Secretary of State shall provide to the Board information in
accordance with section 109(b), as well as guidance on United
States foreign policy and public diplomacy priorities, as the
Secretary determines appropriate.
SEC. 107. ROLE OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of
State shall exercise the
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same authorities with respect to the United States
International Communications Agency and the Freedom News
Network as the Inspector General exercises with respect to
the Department.
(b) Journalist Integrity.--The Inspector General of the
Department of State shall respect the journalistic integrity
of all the broadcasters covered by this Act and may not
evaluate the philosophical or political perspectives
reflected in the content of the broadcasts of such
broadcasters.
SEC. 108. ENHANCED COORDINATION BETWEEN UNITED STATES
INTERNATIONAL COMMUNICATIONS AGENCY AND THE
FREEDOM NEWS NETWORK; PROGRAM CONTENT SHARING;
GRANTEE INDEPENDENCE.
(a) Meetings.--The chair of the Board and Chief Executive
Officer of the United States International Communications
Agency shall meet at least on a quarterly basis with the
chair and Chief Executive Officer, as identified in section
221, of the Freedom News Network to discuss mutual issues of
concern, including the following:
(1) The strategic direction of their respective
organizations, including target audiences.
(2) Languages of information transmission.
(3) Prioritization of funding allocations.
(4) Areas for greater collaboration.
(5) Elimination of programming overlap.
(6) Efficiencies that can be realized through best
practices and lessons learned.
(7) Sharing of program content.
(b) Information Sharing.--The Chief Executive Officer of
the United States International Broadcasting Agency and the
Chief Executive Officer of the Freedom News Network shall
share all strategic planning documents, including the
following:
(1) Results monitoring and evaluation.
(2) Annual planning documents.
(3) Audience surveys conducted.
(4) Budget formulation documents.
(c) Program Content Sharing.--The United States
International Communications Agency and the Freedom News
Network shall make all original content available to each
other through a shared platform in accordance with section
112(a)(3).
(d) Independence of Freedom News Network.--The United
States International Communications Agency, while conducting
management of the grant described in section 110, shall avoid
even the appearance of involvement in daily operations,
decisions, and management of the Freedom News Network, and
ensure that the distinctions between the United States
International Communications Agency and Freedom News Network
remain in accordance with this Act.
SEC. 109. ENHANCED COORDINATION AMONG THE UNITED STATES
INTERNATIONAL COMMUNICATIONS AGENCY, THE
FREEDOM NEWS NETWORK, AND THE DEPARTMENT OF
STATE; FREEDOM NEWS NETWORK INDEPENDENCE.
(a) Coordination Meetings.--The Chief Executive Officer of
the United States International Communications Agency and the
Chief Executive Officer of the Freedom News Network shall
meet, at least on a quarterly basis, with the Secretary of
State to--
(1) review and evaluate broadcast activities;
(2) eliminate overlap of programming; and
(3) determine long-term strategies for international
broadcasting to ensure such strategies are in accordance with
the broad foreign policy interests of the United States.
(b) Strategic Planning Documents.--The Chief Executive
Officer of the United States International Communications
Agency, the Chief Executive Officer of the Freedom News
Network, and the Secretary of State shall share all relevant
unclassified strategic planning documents produced by the
Agency, the Freedom News Network, and the Department of
State.
(c) Freedom News Network Independence.--The Department of
State, while coordinating with the Freedom News Network in
accordance with subsection (a), shall avoid even the
appearance of involvement in the daily operations, decisions,
and management of the Freedom News Network.
SEC. 110. GRANTS TO THE FREEDOM NEWS NETWORK.
(a) In General.--The Chief Executive Officer of the United
States International Communications Agency shall make grants
to RFE/RL, Incorporated, Radio Free Asia, or the Middle East
Broadcasting Networks, Incorporated only after the Chief
Executive Officer of the Agency and the Chief Executive
Officer of Freedom News Network certify to the appropriate
congressional committees that the headquarters of the Freedom
News Network and its senior administrative and managerial
staff are in a location which ensures economy, operational
effectiveness, and accountability, and the following
conditions have been satisfied:
(1) RFE/RL, Incorporated, Radio Free Asia, and the Middle
East Broadcasting Networks, Incorporated have submitted to
the Chief Executive Officer of the United States
International Communications Agency a plan for consolidation
and reconstitution as described in section 211 under the new
corporate name ``Freedom News Network'' with a single
organizational structure and management framework, as
described in section 221.
(2) The necessary steps towards the consolidation described
in paragraph (1) have been completed, including the selection
of a Board, Chair, and Chief Executive Officer for the
Freedom News Network, the establishment of bylaws to govern
the Freedom News Network, and the filing of articles of
incorporation.
(3) A plan for content sharing has been developed in
accordance with section 112(a)(3).
(4) A strategic plan for programming implementation has
been developed in accordance with section 222(c).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Board of the United States
International Communications Agency shall submit to Congress
a report on the status of any grants made to the Freedom News
Network.
(c) Alternative Grantee.--If the Chief Executive Officer of
the United States International Communications Agency, after
consultation with the Board of the Agency and the appropriate
congressional committees, determines at any time that the
Freedom News Network is not carrying out the mission
described in section 212 and adhering to the standards and
principles described in section 213 in an effective and
economical manner for which a grant has been awarded, the
Chief Executive Officer of the Agency, upon approval of the
Board, may award to another entity the grant at issue to
carry out such functions after soliciting and considering
applications from eligible entities in such manner and
accompanied by such information as the Board may require.
(d) Not a Federal Entity.--Nothing in this Act may be
construed to make the Freedom News Network a Federal agency
or instrumentality.
(e) Authority.--Grants authorized under this section for
the United States International Communications Agency shall
be available to make annual grants to the Freedom News
Network for the purpose of carrying out the mission described
in section 212 and adhering to the standards and principles
described in section 213.
(f) Grant Agreement.--Grants authorized under this section
to the Freedom News Network by the Chief Executive Officer of
the United States International Communications Agency shall
only be made in accordance with a grant agreement. Such grant
agreement shall include the following provisions:
(1) A grant shall be used only for activities in accordance
with carrying out the mission described in section 212 and
adhering to the standards and principles described in section
213.
(2) The Freedom News Network shall comply with the
requirements of this section.
(3) Failure to comply with the requirements of this section
may result in suspension or termination of a grant without
further obligation by the United States International
Communications Agency or the United States.
(4) Use of broadcasting technology owned and operated by
the United States International Communications Agency shall
be made available through an International Cooperative
Administrative Support Service (ICASS) agreement or
memorandum of understanding.
(5) The Freedom News Network shall, upon request, provide
to the Chief Executive Officer of the United States
International Communications Agency documentation which
details the expenditure of any grant funds.
(6) A grant may not be used to require the Freedom News
Network to comply with any requirements other than the
requirements specified in this Act.
(7) A grant may not be used to allocate resources within
the Freedom News Network in a manner that is inconsistent
with the Freedom News Network strategic plan described in
section 222(c).
(g) Prohibitions on the Use of Grants.--Grants authorized
under this section may not be used for the following
purposes:
(1)(A) Except as provided in subparagraph (B) or (C), to
pay any salary or other compensation, or enter into any
contract providing for the payment of salary or compensation,
in excess of the rates established for comparable positions
under title 5, United States Code, or the foreign relations
laws of the United States, except that no employee may be
paid a salary or other compensation in excess of the rate of
pay payable for level II of the Executive Schedule under
section 5315 of such title.
(B) Salary and other compensation limitations under
subparagraph (A) shall not apply with respect to any employee
covered by a union agreement requiring a salary or other
compensation in excess of such limitations before the date of
the enactment of this Act.
(C) Notwithstanding the limitations specified in
subparagraph (A), grants authorized under this section may be
used by the Freedom News Network to pay up to six employees
employed in the Washington, D.C. area, salary or other
compensation not to exceed the rate of pay payable for level
I of the Executive Schedule under section 5314 of title 5,
United States Code, except that such shall not apply to the
Chief Executive Officer of the Freedom News Network in
accordance with section 221(d).
(2) For any activity intended to influence the passage or
defeat of legislation being considered by Congress.
(3) To enter into a contract or obligation to pay severance
payments for voluntary separation for employees hired after
December 1, 1990, except as may be required by United States
law or the laws of the country where such an employee is
stationed.
(4) For first class travel for any employee of the Freedom
News Network, or the relative of any such employee.
[[Page H6890]]
SEC. 111. OTHER PERSONNEL AND COMPENSATION LIMITATIONS.
(a) In General.--Subject to the organizational and
personnel restrictions described in subsection (c), the Chief
Executive Officer of the United States International
Communications Agency shall have the discretion to determine
the distribution of all personnel within the Agency, subject
to the approval of the Board of the Agency.
(b) Limitation on Compensation.--
(1) In general.--No employee of the United States
International Communications Agency, other than the Chief
Executive Officer or Director of the Voice of America, shall
be eligible to receive compensation at a rate in excess of
step 10 of GS-15 of the General Schedule under section 5332
of title 5, United States Code.
(2) Exception.--The limitation described in paragraph (1)
does not apply in the case of members of the Board in
accordance with section 102(d) or affect the rights of
employees covered under the Fair Labor Standards Act of 1938.
(c) Prohibition on Certain New Employment.--
(1) In general.--Beginning on the date of the enactment of
this Act and ending on the date that is five years after such
date, the United States International Communications Agency
may not fill any currently unfilled full-time or part-time
position compensated at an annual rate of basic pay for grade
GS-14 or GS-15 of the General Schedule under section 5332 of
title 5, United States Code, including any currently filled
position in which the incumbent resigns, retires, or
otherwise leaves such position during the such five year
period.
(2) Waiver.--The Chief Executive Officer of the United
States International Communications Agency may waive the
prohibition specified in paragraph (1) if the position is
determined essential to the functioning of the Agency and
documented as such in the report required under section
112(a), or necessary for the acquisition of skills or
knowledge not sufficiently represented in the current
workforce of the Agency. The Chief Executive Officer of the
Agency shall consult with the appropriate congressional
committees before issuing a waiver under this paragraph.
(d) Continuation of Federal Status.--Nothing in this Act
may be interpreted to change the Federal status or rights of
employees of the Voice of America or the International
Broadcasting Bureau by the consolidation and establishment of
the United States International Communications Agency.
SEC. 112. REPORTING REQUIREMENTS OF THE UNITED STATES
INTERNATIONAL COMMUNICATIONS AGENCY.
(a) Reorganization Report.--Not later than 180 days after
the date of the enactment of this Act, the Chief Executive
Officer of the United States International Communications
Agency shall submit to the appropriate Congressional
committees a report that includes the following:
(1) A plan to assess and provide recommendations on the
appropriate size and necessity of all current offices and
positions (also referred to as a ``staffing pattern'') within
the Agency, including full-time employee positions rated at
the Senior Executive Service (SES) level or at GS-14 or GS-15
on the General Schedule under section 5332 of title 5, United
States Code. Such plan shall include a detailed
organizational structure that delineates lines of authority
and reporting between junior staff, management, and
leadership.
(2) A plan to consolidate the Voice of America and the
International Broadcasting Bureau into a single Federal
entity identified as the ``United States International
Communications Agency'', and how the structure and alignment
of resources support the fulfillment of the Agency's mission
and standards and principles as described in sections 5 and
122.
(3) A plan for developing a platform to share all
programming content between the United States International
Communications Agency and the Freedom News Network, including
making available for distribution all programming content
licensed or produced by the Agency and the Freedom News
Network, and expanding the functionality of the platforms
already in existence, such as the web content management
system ``Pangea''.
(4) A joint plan written with the Chief Executive Officer
of the Freedom News Network to coordinate the transition of
language services between the United States International
Communications Agency and the Freedom News Network in
accordance with sections 6, 123, 124, 212, and 214.
(b) Contracting Report.--The Chief Executive Officer of the
United States International Communications Agency shall
annually submit to the appropriate congressional committees a
report on the Agency's compliance with the Federal
Acquisition Regulation (the ``FAR'') and the Anti-Deficiency
Act, including a review of contracts awarded on a non-
competitive basis, compliance with the FAR requirement for
publicizing contract actions, the use of any personal service
contracts without explicit statutory authority, and processes
for contract oversight in compliance with the FAR.
(c) Listenership Report.--The Chief Executive Officer of
the United States International Communications Agency shall
annually submit to the appropriate congressional committees a
report that details the transmission capacities, market
penetration, and audience listenership of all mediums of
international communication deployed by the United States
International Communications Agency, including a plan for how
target audiences can be reached if the first medium of
delivery is unavailable.
(d) Gao Report.--Every five years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional
committees a report that reviews the effectiveness of content
sharing between the United States International
Communications Agency and the Freedom News Network and makes
recommendations on how content sharing can be improved.
(e) Language Report.--Not later than one year after the
date of the enactment of this Act, the Chief Executive
Officer of the United States International Communications
Agency and the Chief Executive Officer of the Freedom News
Network shall submit to the appropriate congressional
committees a joint report detailing--
(1) information outlining the criteria and analysis used to
determine broadcast recipient countries and regions; and
(2) an initial list of broadcast countries and regions.
Subtitle B--The Voice of America
SEC. 121. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Voice of America has been an indispensable element
of United States foreign policy and public diplomacy efforts
since 1942, and should remain the flagship brand of the
United States International Communications Agency;
(2) the Voice of America has been a reliable source of
accurate, objective, and comprehensive news and related
programming and content for the millions of people around the
world who cannot obtain such news and related programming and
content from indigenous media outlets;
(3) the Voice of America's success over more than seven
decades has created valuable brand identity and international
recognition that justifies the maintenance of the Voice of
America;
(4) the Voice of America's public diplomacy mission remains
essential to broader United States Government efforts to
communicate with foreign populations; and
(5) despite its tremendous historical success, the Voice of
America would benefit substantially from a recalibration of
Federal international broadcasting agencies and resources,
which would provide the Voice of America with greater mission
focus and flexibility in the deployment of news, programming,
and content.
SEC. 122. PRINCIPLES OF THE VOICE OF AMERICA.
The Voice of America shall adhere to the following
principles in the course of fulfilling its duties and
responsibilities:
(1) Serving as a consistently reliable and authoritative
source of news on the United States, its policies, its
people, and the international developments that affect the
United States.
(2) Providing accurate, objective, and comprehensive
information, with the understanding that these three values
provide credibility among global news audiences.
(3) Presenting the official policies of the United States,
and related discussions and opinions about those policies,
clearly and effectively.
(4) Representing the whole of the United States, and shall
accordingly work to produce programming and content that
presents a balanced and comprehensive projection of the
diversity of thought and institutions of the United States.
SEC. 123. DUTIES AND RESPONSIBILITIES OF THE VOICE OF
AMERICA.
The Voice of America shall have the following duties and
responsibilities:
(1) Producing accurate, objective, and comprehensive news
and related programming that is consistent with and promotes
the broad foreign policies of the United States.
(2) Producing news and related programming and content that
accurately represents the diversity of thoughts and
institutions of the United States as a whole.
(3) Presenting the law and policies of the United States
clearly and effectively.
(4) Promoting the civil and responsible exchange of
information and differences of opinion regarding policies,
issues, and current events.
(5) Making all of its produced news and related programming
and content available to the Freedom News Network for use and
distribution.
(6) Producing or otherwise allowing editorials, commentary,
and programming, in consultation with the Department of
State, that present the official views of the United States
Government and its officials.
(7) Maximizing foreign national information access through
both the use of existing broadcasting tools and resources and
the development and dissemination of circumvention
technology.
(8) Providing training and technical support for
independent indigenous media and journalist enterprises in
order to facilitate or enhance independent media environments
and outlets abroad.
(9) Reaching identified foreign audiences in local
languages and dialects when possible, particularly when such
audiences form a distinct ethnic, cultural, or religious
group within a country critical to United States national
security interests.
(10) Being capable of providing a broadcasting surge
capacity under circumstances
[[Page H6891]]
where overseas disasters, crises, or other events require
increased or heightened international public diplomacy
engagement.
SEC. 124. LIMITATION ON VOICE OF AMERICA NEWS, PROGRAMMING,
AND CONTENT; EXCEPTION FOR BROADCASTING TO
CUBA.
(a) In General.--Except as provided in subsection (b), the
Voice of America shall be limited to providing reporting in
accordance with the principles specified in section 122.
Nothing in this section may preclude the Voice of America
from broadcasting programming content produced by the Freedom
News Network.
(b) Exception for Broadcasting to Cuba.--Radio Marti and
Television Marti, which constitute the Office of Cuba
Broadcasting, shall continue programming and content
production consistent with the mission and activities as
described in the Radio Broadcasting to Cuba Act (Public Law
98-111) and the Television Broadcasting to Cuba Act (Public
Law 101-246), and continue existing within the Voice of
America of the United States International Communications
Agency, established in section 101.
SEC. 125. DIRECTOR OF VOICE OF AMERICA.
(a) Establishment.--There shall be a Director of the Voice
of America, who shall be responsible for executing the duties
and responsibilities of the Voice of America described in
subsection (b).
(b) Duties and Responsibilities.--The Director of the Voice
of America shall, subject to the final approval of the Chief
Executive Officer of the United States International
Communications Agency carry out the following duties and
responsibilities:
(1) Determine the organizational structure of, and
personnel allocation or relocation within, the Voice of
America, subject to section 105.
(2) Make recommendations to the Chief Executive Officer of
the United States International Communications Agency
regarding the production, development, and termination of
Voice of America news programming and content.
(3) Make recommendations to the Chief Executive Officer of
the United States International Communications Agency about
the establishment, termination, prioritization, and
adjustments of language services utilized by the Voice of
America to reach its international audience.
(4) Allocate funding and material resources under the
jurisdiction of the Voice of America for the furtherance of
the other duties and responsibilities established under this
subsection.
(5) Oversee the daily operations of the Voice of America,
including programming content.
(c) Appointment and Qualifications of Director.--
(1) In general.--The position of Director of the Voice of
America shall be filled by a person who shall serve at the
pleasure of the Chief Executive Officer of the United States
International Communications Agency.
(2) Eligibility.--To be eligible to be appointed Director
of the Voice of America, a person shall have at least two of
the following qualifications:
(A) Prior, extensive experience managing or operating a
private-sector media or journalist enterprise.
(B) Prior, extensive experience managing or operating a
large organization.
(C) Prior, extensive experience engaged in mass media or
journalist program development, including the development of
circumvention technologies.
(D) Prior, extensive experience engaged in international
journalism or other related activities, including the
training of international journalists and the promotion of
democratic institutional reforms abroad.
(3) Compensation.--Any Director who is hired after the date
of the enactment of this Act shall be entitled to receive
compensation at a rate equal to the annual rate of basic pay
for level III of the Executive Schedule under section 5315 of
title 5, United States Code.
Subtitle C--General Provisions
SEC. 131. FEDERAL AGENCY COORDINATION IN SUPPORT OF UNITED
STATES PUBLIC DIPLOMACY.
(a) In General.--The Board of the United States
International Communications Agency and the Freedom News
Network shall conduct periodic, unclassified consultations
with the Department of State, the United States Agency for
International Development, the Department of Defense, and the
Office of the Director of National Intelligence, for the
purpose of assessing the following:
(1) Progress toward democratization, the development of
free and independent media outlets, and the free flow of
information in countries that receive programming and content
from the United States International Communications Agency
and the Freedom News Network.
(2) Foreign languages that have increased or decreased in
strategic importance, and the factors supporting such
assessments.
(3) Any other international developments, including
developments with regional or country-specific significance,
that might be of value in assisting the United States
International Communications Agency and the Freedom News
Network in the development of their programming and content.
(b) Guidance.--The Board of the United States International
Communications Agency shall use the unclassified
consultations required under subsection (a) as guidance for
its distribution and calibration of Federal resources in
support of United States public diplomacy.
SEC. 132. FEDERAL AGENCY ASSISTANCE AND COORDINATION WITH THE
UNITED STATES INTERNATIONAL COMMUNICATIONS
AGENCY AND THE FREEDOM NEWS NETWORK DURING
INTERNATIONAL BROADCAST SURGES.
(a) In General.--Subject to a formal request from the Chair
of the Board of the United States International
Communications Agency, Federal agency heads shall assist and
coordinate with the Agency to facilitate a temporary
broadcasting surge or enhance transmission capacity for such
a temporary broadcasting surge for the Agency, the Freedom
News Network, or both.
(b) Actions.--In accordance with subsection (a), Federal
agency heads shall assist or coordinate with the United
States International Communications Agency by--
(1) supplying or facilitating access to, or use of--
(A) United States Government-owned transmission capacity,
including the use of transmission facilities, equipment,
resources, and personnel; and
(B) other non-transmission-related United States
Government-owned facilities, equipment, resources, and
personnel;
(2) communicating and coordinating with foreign host
governments on behalf of, or in conjunction with, the Agency
or the Freedom News Network;
(3) providing, or assisting in the obtaining of, in-country
security services for the safety and protection of Agency or
Freedom News Network personnel; and
(4) providing or facilitating access to any other United
States Government-owned resources.
(c) Prohibition.--Notwithstanding any other provision of
law, neither Federal agency heads nor their agencies shall
receive any reimbursement or compensatory appropriations for
complying with implementing this section.
SEC. 133. FREEDOM NEWS NETWORK RIGHT OF FIRST REFUSAL IN
INSTANCES OF FEDERAL DISPOSAL OF RADIO OR
TELEVISION BROADCAST TRANSMISSION FACILITIES OR
EQUIPMENT.
(a) In General.--Notwithstanding any other provision of
law, it shall be the policy of the United States
International Communications Agency to, in the event it
intends to dispose of any radio or television broadcast
transmission facilities or equipment, provide the Freedom
News Network with the right of first refusal with respect to
the acquisition of such facilities and equipment.
(b) Transfer and Disposal.--Pursuant to subsection (a)--
(1) in the event the Freedom News Network is willing to
accept the facilities and equipment referred to in such
subsection, the United States International Communications
Agency shall transfer to the Freedom News Network such
facilities and equipment at no cost to the Freedom News
Network; or
(2) in the event the Freedom News Network opts to not
accept such facilities and equipment, the United States
International Communications Agency may sell such facilities
and equipment at market price, and retain any revenue from
such sales.
(c) Rules Regarding Certain Funds.--Pursuant to subsections
(b) and (c), any revenues that the United States
International Communications Agency shall derive from such
sales shall be used entirely for the purposes or research,
development, and deployment of innovative broadcasting or
circumvention technology.
SEC. 134. REPEAL OF THE UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
The United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.; title III of Public Law 103-236) is
repealed (and the items relating to title III in the table of
contents of such Public Law are struck).
SEC. 135. EFFECTIVE DATE.
This title shall take effect on the date that is 180 days
after the date of the enactment of this Act.
TITLE II--THE FREEDOM NEWS NETWORK
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that RFE/RL, Incorporated,
Radio Free Asia, and the Middle East Broadcasting Networks,
Incorporated share a common mission with distinct geographic
foci, and should therefore be merged into a single
organization, with distinct marketing brands to provide the
news and related programming and content in countries where
free media are not established.
Subtitle A--Consolidation of Existing Grantee Organizations
SEC. 211. FORMATION OF THE FREEDOM NEWS NETWORK FROM EXISTING
GRANTEES.
(a) In General.--When the conditions specified in section
110 are satisfied, the Freedom News Network, comprised of the
consolidation of RFE/RL Incorporated, Radio Free Asia, and
the Middle East Broadcasting Networks, Incorporated, shall
exist to carry out all international broadcasting activities
supported by the United States Government, in accordance with
sections 212 and 213.
(b) Maintenance of the Existing Individual Grantee
Brands.--RFE/RL, Incorporated, Radio Free Asia, and the
Middle East Broadcasting Networks, Incorporated shall remain
brand names under which news and related programming and
content may be disseminated by the Freedom News Network.
Additional brands may be created as necessary.
[[Page H6892]]
SEC. 212. MISSION OF THE FREEDOM NEWS NETWORK.
The Freedom News Network established under section 211
shall--
(1) provide uncensored local and regional news and analysis
to people in societies where a robust, indigenous,
independent, and free media does not exist;
(2) strengthen civil societies by promoting democratic
values and promoting equality and the rights of the
individual, including for marginalized groups, such as women
and minorities;
(3) help countries improve their indigenous capacity to
enhance media professionalism and independence, and develop
partnerships with local media outlets, as appropriate; and
(4) promote access to uncensored sources of information,
especially via the internet, and use all effective and
efficient mediums of communication to reach target audiences.
SEC. 213. STANDARDS AND PRINCIPLES OF THE FREEDOM NEWS
NETWORK.
The broadcasting of the Freedom News Network shall--
(1) be consistent with the broad foreign policy objectives
of the United States;
(2) be consistent with the international telecommunications
policies and treaty obligations of the United States;
(3) be conducted in accordance with the highest
professional standards of broadcast journalism;
(4) be based on reliable information about its potential
audience;
(5) be designed so as to effectively reach a significant
audience; and
(6) prioritize programming to populations in countries
without independent indigenous media outlets.
Subtitle B--Organization of the Freedom News Network
SEC. 221. GOVERNANCE OF THE FREEDOM NEWS NETWORK.
(a) Board of the Freedom News Network.--A board shall
oversee the Freedom News Network and consist of nine
individuals with a demonstrated background in media or the
promotion of democracy and experience in measuring media
impact.
(b) Composition of First Board of the Freedom News
Network.--Not later than 90 days after the date of the
enactment of this Act, the Presidents of RFE/RL Incorporated,
Radio Free Asia, and the Middle East Broadcasting Networks
shall--
(1) identify, in consultation with the appropriate
congressional committees, candidates for the first board of
the Freedom News Network;
(2) direct the appointment of board members; and
(3) select the first chair of the board of the Freedom News
Network.
(c) Congressional Consultation Regarding the First Board of
the Freedom News Network.--The individuals appointed pursuant
to subsection (b) shall serve as members of the first board
of the Freedom News Network unless a joint resolution of
disapproval is enacted.
(d) Operations of the First Board of the Freedom News
Network.--
(1) In general.--The board of the Freedom News Network
shall have nine members charged with the sole responsibility
to operate the Freedom News Network within the legal
jurisdiction of its state of incorporation. The board of the
Freedom New Network shall exercise due diligence, and execute
its fiduciary duties to the corporation without conflict of
interests and consistent with section 212. At no time may the
United States International Communications Agency add
requirements to a grant agreement with the Freedom News
Network that could be construed as inappropriate supervision,
oversight, or management under chapter 63 of title 31, United
States Code. Nothing in this title may be construed to make
the Freedom News Network an agency, establishment, or
instrumentality of the United States Government, or to make
the members of the board of Freedom News Network, or the
officers or employees of Freedom News Network, officers of
employees of the United States Government.
(2) Bylaws.--The first board of the Freedom News Network
shall write the bylaws of the organization.
(3) Oversight.--The Freedom News Network shall be subject
to the appropriate oversight procedures of Congress.
(4) Term limits.--The board members of the first board of
the Freedom News Network may not serve more than a three-year
term, and shall be replaced in accordance with the bylaws
referred to in paragraph (2) and the succession process
described in paragraph (5).
(5) Succession of board members.--The board members of the
first board of the Freedom News Network and all subsequent
boards shall fill vacancies on the board due to death,
resignation, removal, or term expiration through an election
process described in the bylaws referred to in paragraph (2)
and in accordance with the principle of a ``self-
replenishing'' body.
(6) Selection of board members.--The board members of the
Freedom News Network may not be current employees or officers
of RFE/RL Incorporated, Radio Free Asia, the Middle East
Broadcasting Networks, or the United States International
Communications Agency.
(e) Compensation of Board and Officers of the Freedom News
Network.--Members of the board of the Freedom News Network
may not receive any fee, salary, or remuneration of any kind
for their service as members, except that such members may be
reimbursed for reasonable expenses, such as board-related
travel, incurred with approval of the board upon presentation
of vouchers. No officers of the Freedom News Network, other
than the Chief Executive Officer, shall be eligible to
receive compensation at a rate in excess of the annual rate
of basic pay for level II on the Executive Schedule under
section 5315 of title 5, United States Code.
(f) Abolishment of Existing Boards.--The boards of
directors of RFE/RL, Incorporated, Radio Free Asia, and the
Middle East Broadcasting Networks, Incorporated in existence
on the day before the date of the enactment of this Act shall
be abolished on the date of the first official meeting of the
first board of the Freedom News Network.
(g) Chief Executive Officer.--The Chief Executive Officer
of the Freedom News Network shall serve at the pleasure of
the board of the Freedom News Network, and be responsible for
the day-to-day management and operations of the Freedom News
Network, including the selection of individuals for
management positions, ensuring compliance with all applicable
rules, regulations, laws, and circulars, providing strategic
vision for the execution of its mission as specified in
section 212, and carrying out such other responsibilities as
set forth in the laws of the State of its incorporation.
(h) Plan for Consolidation of Existing Individual
Grantees.--
(1) In general.--Not later than 180 days after the date of
the first official meeting of the first board of the Freedom
News Network, the chair of the board of the Freedom News
Network shall submit a report to, and consult with, the
appropriate congressional committees on the plan to
consolidate RFE/RL, Incorporated, Radio Free Asia, and the
Middle East Broadcasting Networks, Incorporated into a single
non-Federal grantee organization.
(2) Components.--The consolidation plan referred to in
paragraph (1) shall include the following components:
(A) The location and distribution of employees, including
administrative, managerial, and technical staff, of the
Freedom News Network that will be located within and outside
the metropolitan area of Washington, D.C.
(B) An organizational chart identifying the managerial and
supervisory lines of authority among all employees of the
Freedom News Network, including the members of the board and
chair.
(3) Time for implementation.--Not later than three years
after the date of the enactment of this Act, the chair of the
board of the Freedom News Network shall fully implement the
consolidation plan referred to in paragraph (1) after
consultation with the appropriate congressional committees.
(4) Report.--Not later than five years after the date on
which initial funding is provided for the purpose of
operating the Freedom News Network, the chair of the board of
the Freedom News Network shall submit to the appropriate
congressional committees a report that details the following:
(A) Whether the Freedom News Network is technically sound
and cost-effective.
(B) Whether the Freedom News Network consistently meets the
standards for quality and impact established by this title.
(C) Whether the Freedom News Network is receiving a
sufficient audience to warrant its continued operation.
(D) The extent to which the Freedom News Network's
programming and content is already being received by the
target audience from other credible indigenous or external
sources.
(E) The extent to which the broad foreign policy and
national security interests of the United States are being
served by maintaining operations of the Freedom News Network.
SEC. 222. BUDGET OF THE FREEDOM NEWS NETWORK.
(a) In General.--The annual budget of the Freedom News
Network shall consist of the following:
(1) A grant described in section 110, consisting of the
total grants to RFE/RL, Incorporated, Radio Free Asia, and
the Middle East Broadcasting Networks, Incorporated before
the date of the enactment of this Act.
(2) Any grants or transfers from other Federal agencies.
(3) Other funds described in subsection (b).
(b) Other Sources of Funding.--The Freedom News Network
may, to the extent authorized by its board and in accordance
with applicable laws and the mission of the Freedom News
Network under section 212 and eligible broadcast areas under
section 6, collect and utilize non-Federal funds, except that
the Freedom News Network may not accept funds from the
following:
(1) Any foreign governments or foreign government
officials.
(2) Any agents, representatives, or surrogates of any
foreign government or foreign government official.
(3) Any foreign-owned corporations or any subsidiaries of
any foreign-owned corporation, regardless of whether such
subsidiary is United States-owned.
(4) Any foreign national or individual who is not either a
citizen or a legal permanent resident of the United States.
(c) Annual Strategic Plan of the Freedom News Network.--The
Freedom News Network shall submit to the appropriate
congressional committees and the United States International
Communications Agency an annual strategic plan to satisfy the
requirements specified in section 110. Each
[[Page H6893]]
such strategic plan shall outline the following:
(1) The strategic goals and objectives of the Freedom News
Network for the upcoming fiscal year.
(2) The alignment of the Freedom News Network's resources
with the strategic goals and objectives referred to in
paragraph (1).
(3) Clear benchmarks that establish the progress made
towards achieving the strategic goals and objectives referred
to in paragraph (1).
(4) A plan to monitor and evaluate the success of the
Freedom News Network's broadcasting efforts.
(5) A reflective analysis on the activities on the past
fiscal year.
(6) Any changes to facility leases, contracts, or ownership
that would result in the relocation of staff or personnel.
(d) Sense of Congress.--It is the sense of Congress that
administrative and managerial costs for operation of the
Freedom News Network should be kept to a minimum and, to the
maximum extent feasible, should not exceed the costs that
would have been incurred if RFE/RL, Incorporated, Radio Free
Asia, and the Middle East Broadcasting Networks, Incorporated
had been operated as independent grantees or as a Federal
entity within the Voice of America.
SEC. 223. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.
(a) Surplus Properties.--In order to assist the Freedom
News Network in carrying out the provisions of this title,
any agency or instrumentality of the United States may sell,
loan, lease, or grant property (including interests therein)
to the Freedom News Network as necessary.
(b) Facilities and Broadcasting Infrastructure.--The United
States International Communications Agency and the Freedom
News Network shall negotiate an International Cooperative
Administrative Support Service (ICASS) agreement or
memorandum of understanding permitting the continued use of
technological infrastructure for broadcasting and information
dissemination, except that the Freedom News Network may
choose to procure such services through negotiated contracts
with private-sector providers.
SEC. 224. REPORTS BY THE OFFICE OF THE INSPECTOR GENERAL OF
THE DEPARTMENT OF STATE; AUDITS BY GAO.
(a) IG Reports.--The Inspector General of the Department of
State shall, as appropriate, submit to the appropriate
congressional committees reports on management practices of
the Freedom News Network, including financial reports on
unobligated balances.
(b) GAO Audits.--
(1) In general.--Financial transactions of the Freedom News
Network, as such relate to functions carried out under this
Act, may be audited by the Government Accountability Office
in accordance with such principles and procedures and under
such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit
shall be conducted at the place or places where accounts of
the Freedom News Network are normally kept.
(2) Access.--Representatives of the Government
Accountability Office shall have access to all books,
accounts, records, reports, files, papers, and property
belonging to or in use by the Freedom News Network pertaining
to the financial transactions referred to in paragraph (1)
and necessary to facilitate an audit in accordance with such
paragraph. All such books, accounts, records, reports, files,
papers, and property of the Freedom News Network shall remain
in the possession and custody of the Freedom News Network.
(c) Transfer of Funds.--Notwithstanding any other provision
of law, one percent of the funds made available by the United
States International Communications Agency shall be
transferred to the Inspector General of the Department of
State to cover the expenses of carrying out the activities of
the Inspector General under this section.
SEC. 225. AMENDMENTS TO THE UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE ACT OF 1948.
The United States Information and Educational Exchange Act
of 1948 is amended--
(1) in title V (22 U.S.C. 1461 et seq.), by striking
``Broadcasting Board of Governors'' and inserting ``United
States International Communications Agency'' each place it
appears;
(2) by amending paragraph (1) of section 501(b) (22 U.S.C.
1461(b)) to read as follows:
``(1) Except as provided in paragraph (2), the Secretary
and the United States International Communications Agency
may, upon request and reimbursement of the reasonable costs
incurred in fulfilling such a request, make available, in the
United States, motion pictures, films, video, audio, and
other materials disseminated abroad pursuant to this Act. Any
reimbursement pursuant to this paragraph shall be credited to
the applicable appropriation account of the Department of
State or the United States International Communications
Agency, as appropriate. The Secretary and the United States
International Communications Agency shall issue necessary
regulations.'';
(3) by repealing sections 504 and 505 (22 U.S.C. 1464 and
1464a);
(4) by redesignating section 506 (22 U.S.C. 1464b) as
section 504;
(5) in section 504, as so redesignated, in subsection (c),
in the matter preceding paragraph (1), by striking ``Board''
each place it appears and inserting ``Agency'';
(6) in clause (iii) of section 604(d)(1)(A) (22 U.S.C.
1469(d)(1)(A)), by striking ``Broadcasting Board of
Governors'' and inserting ``United States International
Communications Agency'';
(7) in paragraph (3) of section 801 (22 U.S.C. 1471), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency'';
(8) in subsection (b) of section 802 (22 U.S.C. 1472)--
(A) in paragraph (1)(B), by striking ``Director of the
United States Information Agency'' and inserting ``Chief
Executive Officer of the United States International
Communications Agency''; and
(B) in paragraph (4)(A), by striking ``Broadcasting Board
of Governors'' and inserting ``United States International
Communications Agency''; and
(9) in paragraph (1) of section 804 (22 U.S.C. 1474), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency'';
(10) in section 810(b) (22 U.S.C. 1475e(b))--
(A) in the matter preceding paragraph (1), by striking
``United States Information Agency'' and inserting ``United
States International Communications Agency''; and
(B) in paragraph (4), by striking ``International
Broadcasting Bureau'' and inserting ``United States
International Communications Agency''; and
(11) in subsection (a) of section 1011 (22 U.S.C. 1442), by
striking ``Director of the United States Information Agency''
and inserting ``Chief Executive Officer of the United States
International Communications Agency''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. PRESERVATION OF UNITED STATES NATIONAL SECURITY
OBJECTIVES.
The Chief Executive Officer of the United States
International Communications Agency and the Chief Executive
Officer of the Freedom News Network shall each establish
procedures to vet and monitor employees of each such agency
for affiliations to terrorist organizations, foreign
governments, or agents of foreign governments to protect
against espionage, sabotage, foreign propaganda messaging,
and other subversive activities that undermine United States
national security objectives.
SEC. 302. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal
year 2015 and for each subsequent fiscal year, any funds
appropriated for the purposes of broadcasting subject to
supervision of the Board of the United States International
Communications Agency shall not be available for obligation
or expenditure--
(1) unless such funds are appropriated pursuant to an
authorization of appropriations; or
(2) in excess of the authorized level of appropriations.
(b) Subsequent Authorization.--The limitation under
subsection (a) of this section shall not apply to the extent
that an authorization of appropriations is enacted after such
funds are appropriated.
(c) Application.--The provisions of this section--
(1) may not be superseded, except by a provision of law
which specifically repeals, modifies, or supersedes the
provisions of this section; and
(2) shall not apply to, or affect in any manner, permanent
appropriations, trust funds, and other similar accounts which
are authorized by law and administered under or pursuant to
this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from Virginia (Mr. Connolly)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that Members may have
5 legislative days to revise and extend their remarks and include
extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the world has been watching eastern Ukraine following
the downing of a civilian passenger plane by Russian-backed
separatists. We have watched as families have grieved. We have watched
as thugs have blocked access to the crash site.
I say ``thugs'' because a lot of these individuals are recruited in
the Russian-speaking world on these social Web sites and, frankly,
every malcontent, every skinhead that they could enlist in this cause
has been given a weapon, and their behavior, as we have watched on
television, is really unconscionable.
[[Page H6894]]
What isn't so well known is the information battle that is being
waged and that we are losing. We are losing on this front in the
information war.
{time} 1545
Listen to what The Economist magazine says: ``Russia has again become
a place in which truth and falsehood are no longer distinct, and facts
are put into the service of the government. Mr. Putin sets himself up
as a patriot, but he is a threat--to international norms, to his
neighbors, and to the Russians, themselves, who are intoxicated by his
hysterical brand of anti-Western propaganda.''
That analysis followed Russia's latest lie, that Malaysian Airlines
Flight 17 was shot down by the Ukrainian military.
Look, I was in eastern Ukraine. I had an opportunity to talk to many
Russian-speaking Ukrainians. I will tell you what they shared with me--
and this was whether they were civil rights groups, the local governor
Dnepropetrovsk, minority groups, women's groups, the Jewish community
there, which is a very vibrant community; they all share the same
concern.
They felt that this crisis was being engineered by President Vladimir
Putin and that he was sending in and recruiting malcontents and trying
to create a crisis. And they felt that the reason he was doing it was
to try to break off eastern Ukraine to become part of Russia. And they
resisted this. They felt it was very important that elections go
forward.
Now you have a new government in Ukraine that is trying to push a
peace plan and, instead, you have got the propaganda every night. And
the question is, who is going to offset that propaganda? Our best
weapon in this information battle, the Broadcasting Board of Governors,
the BBG, is totally defunct.
This is not just my observation. Former Secretary of State Hillary
Clinton and others have observed that that is the world we live in now.
We have known this for years, based on report after report from the
Government Accountability Office and the Office of the Inspector
General.
This has real consequences. One newspaper rightly noted: ``The BBG
has greatly diminished America's capacity to fight the Putin propaganda
machine.'' If we don't put the truth out there, if we don't put our
reality out there, if there isn't a surrogate free radio and television
for people to listen to, all they are going to hear is the
conspiratorial note of propaganda.
Former BBG governors, Voice of America directors, staff, and those
that follow international broadcasting have repeatedly called on
Congress to step up and reform the BBG. We must act with urgency.
Yes, Russia's propaganda machine is saturating the airwaves with
false information designed to incite violence, designed to stoke
sectarian fears and create a pretext for Russian military engagement in
Ukraine.
But I will share with you that, in the Middle East, Hezbollah's
television station, Al-Manar, continues to broadcast lies and
propaganda and incitement designed to destabilize the region and build
support for a terror war on Israel and on democracy there.
China's CCTV now broadcasts to over 100 countries and recently
established its new Africa bureau in Nairobi, Kenya.
You know, there was a time when the U.S. dominated the international
airwaves. Now we are a voice among many, but that voice is really on
the defensive and, in many places, is no longer heard.
Our competitors highlight our failings. They minimize our successes.
They are working 24/7 to discredit America in a well-orchestrated game
of chess, and we have a part-time broadcasting board.
This legislation, the United States International Communications
Reform Act of 2014, is a bipartisan effort to reform the BBG and make
it more effective and efficient in efforts to confront this propaganda.
The legislation cuts the bureaucracy so that more funding is spent
fighting foreign propaganda instead of paying inflated salaries in
Washington. The bill brings accountability to our international
broadcasters, installing a full-time CEO empowered to make decisions.
The current dysfunctional board of nine part-time Presidential
appointees is reduced to an appropriate advisory capacity.
The Voice of America is, once again, an integral part of foreign
policy, with a mission that makes clear that all three parts of the
charter must be emphasized. Radio Free Europe, Radio Free Asia, and the
Middle East Broadcasting Network--the so-called ``surrogates''--have a
different mission; that is, to provide uncensored local news and
information to people in closed societies and to be ``a megaphone for
internal advocates of freedom.'' Whether it is in Iran, North Korea, or
elsewhere, our surrogate broadcasters will be at the tip of the spear
in this information battle and are given a global mandate to go after
the most despotic regimes, exposing their abuses, their violence, their
hypocrisy, and telling the story of what is really going on in the
country.
And these critical reforms come with the benefit of a cost savings to
the American taxpayers here. H.R. 4490 will result in a cost savings of
$160 million over 5 years.
The legislation mandates that no future funding will be provided
unless cost-saving reforms are implemented, including administrative
consolidation, right-sizing, and leveraged public-private partnerships.
Ripping away the bureaucracy will reduce administrative overlap and
allow both organizations to strive.
To be clear, this legislation isn't about creating a U.S. Government
propaganda effort. VOA is not being turned into a version of Russia's
RT or China's CCTV.
This bill is about communicating America's message of pluralism,
tolerance, and transparency to foreign audiences. There was a time when
we did that really well, but we have lost it. This bill gets us back on
track. We can't afford anything but high performance with the world's
crises seemingly multiplying.
I reserve the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 4490, the United States International
Communications Reform Act.
I want to congratulate, again, Chairman Royce and Ranking Member
Eliot Engel on the bipartisan legislation before us today to reform the
Broadcasting Board of Governors.
I am pleased to join them in cosponsoring these commonsense reforms
that will result in a more clearly defined mission for the Broadcasting
Board of Governors and its components, and a more efficient operation
on behalf of the taxpayers.
Like many of my colleagues, I was troubled to hear former Secretary
of State Clinton tell the House Foreign Affairs Committee that the
Broadcasting Board of Governors had become ``practically a defunct
agency in terms of its capacity to be able to tell a message around the
world.'' And as the chairman of the House Foreign Affairs Committee
just said, we need that ability right now, given the events that are
going on in Russia and the Ukraine.
As my colleagues know, this bill responds to critical reports issued
early last year by the Government Accountability Office and the State
Department Office of Inspector General, which were the subject of a
hearing before our committee last June. Those reports highlighted
structural deficiencies and overlapping functions within the
Broadcasting Board of Governors' federally operated programs Voice of
America and the Office of Cuba Broadcasting, and the private but
federally funded broadcasters Radio Free Europe/Radio Liberty, the
Middle East Broadcasting Networks, and Radio Free Asia.
This legislation also clarifies the mission statements of the Federal
and non-Federal broadcasters. Voice of America, for example, will now
confine itself to its public diplomacy mission to foster positive
relationships between the United States and the rest of the world.
There were concerns about mission creep within the Voice of America,
blurring the lines between it and the mission of the international
broadcasters to provide uncensored and objective news and analysis on a
local and regional level in those places lacking a free press.
The bill also includes necessary structural reforms, including a new
International Communications Agency
[[Page H6895]]
with a CEO to manage the day-to-day operations of VOA and other
federally run operations.
As we learned during last year's hearing, there was growing concern
of micromanagement by the Broadcasting Board of Governors and the
challenge of achieving a quorum at the board meetings needed to make
operational decisions. This will put the Board of Governors in a more
advisory role.
Further, the bill will consolidate the non-Federal broadcasters under
the same umbrella, known as the Freedom News Network, achieving
economies of scale, saving money, as the chairman has indicated, and
allowing for closer collaboration on other more global efforts.
Importantly, this legislation maintains the requirement that U.S.
Federal programs serve as an objective source of news and information
and not as a mouthpiece for U.S. foreign policy.
This bill has been a collaborative effort that included outreach and
input from key stakeholders, including the board itself, the
broadcasters, and agency staff. This is the kind of bipartisan
oversight on which we should be focusing. I wish more committees in
this body would follow this example.
Once again, I thank Chairman Royce and Ranking Member Eliot Engel for
their bipartisan leadership and for bringing our committee, once again,
together on this very important piece of legislation.
Having no further speakers on this side, Mr. Speaker, I yield back
the balance of my time.
Mr. ROYCE. Mr. Speaker, I just will close with this because we had
testimony before the Foreign Affairs Committee last summer by the
former BBG Governor, Enders Wimbush. And I wanted to quote what he
said:
Today's problem is not enough information but the opposite.
Most places, even some enduring the repression of nasty
regimes, get plenty, much of it junk. This is the new
competitive landscape for U.S. international broadcasting.
Our competitors, too, have multiplied, while our allies have
retreated. One would think that American strategists would
sharpen their spears to compete in this world. Yet the
opposite seems to be happening, again, due in large part to
the incoherence of the BBG. It is incapable of articulating a
set of media strategies, and it has no way to attach whatever
measures it does adapt to larger U.S. national objectives.
So as you can tell, the current bureaucratic umbrella overseeing U.S.
international broadcasters is deeply flawed. That is why this bill is
so important. We need our international broadcasters to succeed in
their missions. We want the Voice of America to--I am going to quote
President Kennedy here--``tell America's story to the world.'' We want
our surrogate broadcasters to tell the stories to people in closed
societies that their own governments won't tell them. And we want the
American taxpayers to see a return on the generous investment they have
been making in international broadcasting. This legislation does that,
and I urge all of the Members to support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 4490, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________