[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4273-S4275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2442. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Add at the end of subtitle G of title XII the following:
SEC. 1287. UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) Short Title.--This section may be cited as the ``U.S.
Agency for Global Media Reform Act''.
(b) Sense of Congress.--It is the sense of Congress that
the Office of Cuba Broadcasting should--
(1) remain an independent entity of the United States
Agency for Global Media; and
(2) continue taking steps to ensure that the Office is
fulfilling its core mission of promoting freedom and
democracy by providing the people of Cuba with objective news
and information programming.
(c) Authorities of the Chief Executive Officer; Limitation
on Corporate Leadership of Grantees.--Section 305 of the
United States International Broadcasting Act of 1994 (22
U.S.C. 6204) is amended--
(1) in subsection (a)--
(A) in paragraph (20), by inserting ``in accordance with
subsection (c)'' before the period at the end;
(B) in paragraph (21)--
(i) by striking ``including with Federal officials,''; and
(ii) by inserting ``in accordance with subsection (c)''
before the period at the end; and
(C) by adding at the end the following new paragraph:
``(23) To--
``(A) require semi-annual content reviews of each language
service of each surrogate network, consisting of a review of
at least 10 percent of available weekly content, by fluent
language speakers and experts without direct affiliation to
the language service
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being reviewed, who are seeking any evidence of inappropriate
or unprofessional content, which shall be submitted to the
Office of Policy and Research, the head and Board of the
respective service, and the Chief Executive Officer; and
``(B) submit to the appropriate congressional committees a
list of anomalous reports, including status updates on
anomalous services during the 3-year period commencing on the
date of receipt of the first report of biased,
unprofessional, or otherwise problematic content.''; and
(2) by adding at the end the following new subsection:
``(c) Limitation on Corporate Leadership of Grantees.--
``(1) In general.--The Chief Executive Officer may not
award any grant under subsection (a) to RFE/RL, Inc., Radio
Free Asia, the Middle East Broadcasting Networks, the Open
Technology Fund, or any other grantee authorized under this
title (collectively referred to as `Agency Grantee Networks')
unless the incorporation documents of any such grantee
require that the corporate leadership and Board of Directors
of such grantee be selected in accordance with this Act.
``(2) Conflicts of interest.--
``(A) Chief executive officer.--The Chief Executive Officer
may not serve on any of the corporate boards of any grantee
under subsection (a).
``(B) Federal employees.--A full-time employee of a Federal
agency may not serve on a corporate board of any grantee
under subsection (a).
``(3) Qualifications of grantee board members.--Individuals
appointed under subsection (a) to the Board of Directors of
any of the Agency Grantee Networks shall have requisite
expertise in journalism, technology, broadcasting, or
diplomacy, or appropriate language or cultural understanding
relevant to the grantee's mission.''.
(d) International Broadcasting Advisory Board.--Section 306
of the United States International Broadcasting Act of 1994
(22 U.S.C. 6205) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--The International Broadcasting Advisory
Board (referred to in this section as the `Advisory Board')
shall advise the Chief Executive Officer of the United States
Agency for Global Media, as appropriate. The Advisory Board
as established shall exist within the Executive branch of
Government as an entity described in section 104 of title 5.
``(b) 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 (c); 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) by redesignating subsection (d) as subsection (c);
(3) by amending subsection (c), as redesignated--
(A) in the subsection heading, by inserting ``Advisory''
before ``Board''; and
(B) in paragraph (2), by inserting ``who are'' before
``distinguished''; and
(4) by striking subsections (e) and (f) and inserting the
following new subsections:
``(d) 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 4
times annually, including twice in person as practicable, 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 (c)(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.
``(e) Appointment of Heads of Networks.--
``(1) In general.--The heads of Voice of America, the
Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia,
the Middle East Broadcasting Networks, the Open Technology
Fund, or of any other grantee authorized under this title 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.
``(f) 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).
``(g) 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 (d) and (e).''.
(e) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended--
(1) in section 304--
(A) in the section heading, by striking ``broadcasting
board of governors'' and inserting ``united states agency for
global media'';
(B) in subsection (a), by striking ``Broadcasting Board of
Governors'' and inserting ``United States Agency for Global
Media'';
(C) in subsection (b)(1), by striking ``Broadcasting Board
of Governors'' and inserting ``United States Agency for
Global Media''; and
(D) in subsection (c), by striking ``Board'' each place
such term appears and inserting ``Agency'';
(2) in section 305--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``Board'' and inserting
``Agency'';
(ii) in paragraph (13), by striking ``Board'' and inserting
``Agency'';
(iii) in paragraph (20), by striking ``Board'' and
inserting ``Agency''; and
(iv) in paragraph (22), by striking ``Board'' and inserting
``Agency'';
[[Page S4275]]
(B) in subsection (b), by striking ``Board'' each place
such term appears and inserting ``Agency'';
(3) in section 308--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Board'' and inserting ``Agency'';
(B) in subsection (b), by striking ``Board'' each place
such term appears and inserting ``Agency'';
(C) in subsection (d), by striking ``Board'' and inserting
``Agency'';
(D) in subsection (g), by striking ``Board'' each place
such term appears and inserting ``Agency'';
(E) in subsection (h)(5), by striking ``Board'' and
inserting ``Agency''; and
(F) in subsection (i), in the first sentence, 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) by striking section 312;
(9) in section 313(a), in the matter preceding paragraph
(1), by striking ``Board'' and inserting ``Agency'';
(10) in section 314--
(A) by striking ``(4) the terms `Board and Chief Executive
Officer of the Board' means the Broadcasting Board of
Governors'' and inserting the following:
``(2) the terms `Agency' and `Chief Executive Officer of
the Agency' mean the United States Agency for Global Media
and the Chief Executive Officer of the United States Agency
for Global Media, respectively,''; and
(B) in paragraph (3)--
(i) by striking ``includes--'' and inserting ``means the
corporation having the corporate title described in section
308''; and
(ii) by striking subparagraphs (A) and (B); and
(11) 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''.
(f) Rulemaking.--Notwithstanding any other provision of
law, the United States Agency for Global Media may not revise
part 531 of title 22, Code of Federal Regulations, which took
effect on June 11, 2020, without explicit authorization by an
Act of Congress.
(g) Savings Provisions.--Section 310 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6209) is
amended by adding at the end the following new subsections:
``(f) Maintenance of Proprietary Information.--No
consolidation of grantees authorized under subsection (a)
involving any grantee shall result in any legal transfer of
ownership of any proprietary information or intellectual
property to the United State Agency for Global Media or any
other Federal entity.
``(g) Rule of Construction.--No consolidation of grantees
authorized under subsection (a) shall result in the
consolidation of the Open Technology Fund or any successor
entity with any other grantee.''.
(h) Rule of Construction.--Nothing in the United States
International Broadcasting Act of 1994 or any other provision
of law may be construed to make the Open Technology Fund an
entity authorized under such Act until the effective date of
legislation authorizing the establishment of the Open
Technology Fund.
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