[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36150-36153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12696]


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BROADCASTING BOARD OF GOVERNORS

22 CFR Part 531

RIN 3112-AA03


Firewall and Highest Standards of Professional Journalism

AGENCY: Broadcasting Board of Governors.

ACTION: Final rule.

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SUMMARY: The Broadcasting Board of Governors is revising its 
regulations to clarify the practical meaning and impact of the 
statutory firewall contained within the United States International 
Broadcasting Act of 1994, as amended, upon Agency operations. 
Consistent with this action, this rule makes appropriate conforming 
changes.

DATES: This rule is effective as of June 11, 2020.

FOR FURTHER INFORMATION CONTACT: Armanda Mathews, Staff Assistant, 
email at: [email protected] or (202) phone 202-920-2005.

SUPPLEMENTARY INFORMATION:

Background

    The United States Agency for Global Media (USAGM), identified in 
the International Broadcasting Act of 1994, as amended, as the 
Broadcasting Board of Governors (BBG), is an independent establishment 
of the federal government that exercises authority over non-military 
United States government broadcasting.\1\ USAGM currently operates five 
networks--Voice of America (VOA), the Office of Cuba Broadcasting 
(OCB), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA) 
and the Middle East Broadcasting Networks (MBN)--that reach a 
cumulative weekly worldwide audience of approximately 400 million 
people.
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    \1\ Under Section 1288 of the NDAA, the CEO was authorized to 
change the name of the Agency. On August 22, 2018, the CEO exercised 
this power and renamed the BBG the United States Agency for Global 
Media. This and subsequent CEOs retain the authority to rename the 
Agency.
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    Before reaching the end of its tenure, the Governing Board of the 
Agency wanted to codify and memorialize definitions and practices 
associated with the firewall. In 2016, the Board created a firewall 
working group to investigate the firewall and its sources. This rule 
was developed by that working group and subsequently passed unanimously 
by the Governing Board. (This supplementary information was added by 
the Agency to provide additional background as to impetus for the 
rule). The impetus was to demystify the firewall, including by making 
clear what the firewall is not.
    The firewall is essential to ensuring the continued credibility and 
therefore effectiveness of the journalism provided by USAGM funded 
networks. The firewall protects the editorial independence of the 
networks journalists. It does not prevent oversight of the journalism 
consistent with the highest standards of professional journalism and 
editorial independence; nor does it prevent VOA or any of the networks 
carrying out all enumerated elements of their mission, including that 
of VOA to ``tell America's Story''. H.R. Conf. Rep. No. 432, 104-6 
Cong., 2nd Sess. 127 (1998).

Overview of the Rule

    Pursuant to the background above, and in light of the Board's 
desire to codify a common-sense definition of the firewall, consistent 
with the law, the

[[Page 36151]]

highest standards of professional journalism, and longstanding 
practice, USAGM has promulgated this regulation.
    This regulation clarifies the practical meaning of the statutory 
firewall and its basis and its impact on Agency operations

Effective Date

    Having been passed by the Board, these regulations are already 
effective upon the Agency. Publication will codify them into the 
Federal Register. Those provisions pertaining to non-supervisory 
employees deemed subject to collective bargaining requirements set 
forth under the Federal Service Labor-Management Relations Statute and 
the Agency's negotiated labor-management agreements would only become 
effective subject to the terms and conditions within those bargaining 
agreements.

Rulemaking Requirements

    1. This final rule has been determined to be exempt from review for 
purposes of Executive Order 12866.
    2. This rule does not impose information collection and 
recordkeeping requirements. Consequently, it need not be reviewed by 
the Office of Management and Budget under the provisions of the 
Paperwork Reduction Act of 1995. In addition, at the time of passage, 
the Agency is governed by a bipartisan Board.
    3. This rule does not contain policies with Federalism implications 
as this term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this rule involves a rule of agency organization, procedure, or 
practice. 5 U.S.C. 553(b)(B). Further, no other law requires that a 
notice of proposed rulemaking and an opportunity for public comment be 
given for this final rule. Because a notice of proposed rulemaking and 
an opportunity for public comment are not required to be given for this 
rule under 5 U.S.C. or by any other law, the analytical requirements of 
the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) are not 
applicable.
    Accordingly, this rule is issued in final form. Although there is 
no formal comment period, public comments on this rule are welcome on a 
continuing basis. Comments should be submitted to Armanda Mathews, 
Staff Assistant, Broadcasting Board of Governors, 330 Independence 
Avenue SW, Washington DC 20237 (email at: [email protected]).

List of Subjects in 22 CFR Part 531

    Scope and purposes of the statutory firewall, Editorial 
independence, Requirement to adhere highest professional standards of 
journalism.


0
For the foregoing reasons, the Broadcasting Board of Governors amends 
22 CFR, Chapter V, by adding part 531, as follows:

PART 531--STATUTORY FIREWALL AND HIGHEST STANDARDS OF PROFESSIONAL 
JOURNALISM

Sec.
531.1 Overview.
531.2 Independence and best practices.
531.3 Firewall.
531.4 Definitions.

    Authority: 22 U.S.C. 6201 et seq.; 22 U.S.C. 1465 et seq.; 
1465aa et seq.


Sec.  531.1   Overview.

    The Broadcasting Board of Governors, referred to as the U.S. Agency 
for Global Media (USAGM), per section 305(a)(22) of the IBA, currently 
provides public funds to five news media networks: The Voice of America 
(VOA), Radio Free Europe, Radio Liberty (RFE/RL), Radio Free Asia 
(RFA), the Middle East Broadcasting Networks (MBN), and the Office of 
Cuba Broadcasting (OCB). Pursuant to International Broadcasting Act of 
1994, as amended (22 U.S.C. 6201 et seq.) (``the IBA'' or ``the Act''), 
and other applicable authorities:
    (a) All USAGM-funded Networks must adhere to the highest 
professional standards of journalism, pursuant to section 303(a)(5) of 
the IBA, in order to produce news which is consistently reliable and 
authoritative, accurate, objective, and comprehensive, per section 
303(b) of IBA. Accordingly, USAGM networks necessarily enjoy full 
editorial independence in order to maintain their ``professional 
independence and integrity,'' per section 305(b) of the IBA. This 
statutorily mandated firewall protects the independence of the networks 
by insulating their editorial decisions from interference from those 
outside of the network, or from impermissible considerations, as set 
forth herein.
    (b) The existence of a firewall does not mean the absence of 
oversight. This firewall shall not be construed to limit USAGM 
oversight conducted in a manner consistent with that conducted by other 
media organizations which operate editorially independent news 
divisions that adhere to the highest standards of journalism; nor does 
it prevent federal officials from treating the networks like any other 
news organization: E.g., They may seek a correction; provide an 
interview; serve as a source; or otherwise interact in the same manner 
as they do with any other news organization.
    (c) Editorial independence and adherence to the highest standards 
of professional journalism do not prevent VOA from adhering fully to 
each of the elements of its Charter. The VOA Charter, currently 
codified at section 303(c) of the IBA, states that VOA will serve as a 
consistently reliable and authoritative source of news, which itself 
will be accurate, objective, and comprehensive; represent America as a 
whole, and thereby present a balanced and comprehensive projection of 
significant American thought and institutions; and present the policies 
of the United States clearly and effectively, as well as responsible 
discussions and opinion on such policies. Editorial independence and 
adherence to the highest standards of professional journalism, as 
described herein, allow for audiences to rely on VOA to be truthful and 
accurate. Accordingly, these principles are considered essential to 
meeting the Charter's mandate that ``to be effective, the Voice of 
America must win the attention and respect of listeners'' per section 
303(c) of the IBA; S. Rep. No. 703, 94 Cong., 2nd Sess. 15 (1976), 
reprinted in 1976 U.S.C.C.A.N. 1555, 1569; and H.R. Conf. Rep. No. 432, 
105 Cong., 2nd Sess. 127 (1998).
    (d) Editorial independence and adherence to the highest standards 
of professional journalism do not preclude any news organization from 
publishing editorials or opinion pieces, clearly marked as such; as 
described in paragraph (d)(5) of this section, VOA is required to carry 
editorials which present the views of the U.S. Government.


Sec.  531.2  Independence and best practices.

    (a) USAGM-funded networks each enjoy full editorial independence, 
as that term is defined and understood by best practices of journalism.
    (b) Editorial independence includes, but is not limited to the fact 
that only individuals within the network may make any decisions with 
respect to newsgathering or reporting. USAGM networks and their 
employees, including the heads of each network, are fully insulated 
from any political or other external pressures or processes that would 
be inconsistent with the highest standards of professional journalism.
    (c) The heads of each network, and everyone else therein, are 
required at all times to adhere to the highest

[[Page 36152]]

professional standards of journalism, and must take that into account 
when carrying out all their responsibilities. The highest professional 
standards of journalism also require that all elements of 
newsgathering, editing, and reporting are carried out by professional 
journalists trained in and held to the highest industry standards.
    (d) Each network is required to establish and maintain written 
rules setting forth the journalistic best practices for their 
organization, based upon the highest professional standards of 
professional journalism. These best practices also preclude any 
journalist or other covered individuals at a network, including the 
heads of the networks, from engaging in any activity that would call 
into question their neutrality or impartiality.


Sec.  531.3  Firewall.

    (a) A statutory `firewall,' provided for in section 305(b) of the 
IBA, and incident to adherence to the highest professional standards of 
broadcast journalism, exists around USAGM-funded networks, their 
products, and staff in order to protect their professional independence 
and integrity.
    (b) Within any credible news organization, a firewall exists 
between anybody involved with any aspect of journalism (e.g., the 
creation, editing, reporting, distributing, etc., of content) and 
everyone else in the organization. For purposes of USAGM, firewalls 
exist between the newsroom of a USAGM-network; everyone else in the 
organization; and the Executive Branch of the U.S. Government, as 
described herein.
    (c) This ``firewall'' is understood to be violated when any person 
within the Executive Branch or a Network, but outside the newsroom, 
attempts to direct, pressure, coerce, threaten, interfere with, or 
otherwise impermissibly influence any of the USAGM networks, including 
their leadership, officers, employees, or staff, in the performance of 
their journalistic and broadcasting duties and activities. It is also 
violated when someone inside the newsroom acts in furtherance of or 
pursuant to such impermissible influence. Such impermissible influence 
would undermine the journalistic and editorial independence, and thus 
the credibility, of that USAGM network, and their reporters, editors, 
or other journalists.
    (d) The firewall is critical to ensuring that the editors, 
reporters, and other journalists of the USAGM network make the 
decisions on what stories to cover and how they are covered, and that 
those decisions are ultimately governed by the highest standards of 
professional journalism.
    (e) The following are not firewall violations:
    (1) The firewall is not meant to discourage journalists from 
interviewing U.S. Government officials or to discourage such officials 
from appearing on USAGM-funded programs.
    (2) The firewall does not prevent officers or employees within the 
Executive Branch, including the State Department, from engaging with or 
speaking about USAGM networks as they might with any other news 
organization. Such interaction could include but is not limited to:
    (i) Publicly or privately commenting on USAGM stories;
    (ii) Publicly or privately reaching out to journalists in the same 
manner that they would do with any other journalist;
    (iii) Publicly or privately reaching out to network staff in the 
same manner that they would do with any other network staff; and
    (iv) Otherwise interacting with journalists and other network staff 
in the same manner that they would do with such staffs' private sector 
counterparts.
    (3) The firewall does not prevent a USAGM CEO or Board from 
undertaking the same type of direction and oversight that those in 
equivalent leadership positions in an organization overseeing other 
reputable news organizations may provide, in a manner consistent with 
the highest standards of professional journalism.
    (4) In determining which languages to broadcast, the Agency has 
prioritized certain countries and audiences, such as those under 
authoritarian rule. The firewall does not prevent the USAGM CEO or 
Board from otherwise prioritizing certain audiences or languages, 
consistent with the statutory language service review that is carried 
out per section 305(a)(4) of the IBA to determine whether the continued 
broadcasting in various languages are furthering the mission of the 
networks, and per section 303(a)(1) of the IBA, are thus consistent 
with the broad foreign policy objectives of the United States.
    (5) Per section 303(b)(3) of the IBA, the firewall does not 
prohibit the publication of editorials and other opinion pieces by U.S. 
Government officials, marked clearly as such, on VOA, expressing policy 
positions of the U.S. Government.


Sec.  531.4  Definitions.

    (a) Audience or audiences refers to foreign audiences overseas, the 
only audiences to which USAGM is authorized to seek to reach; USAGM or 
its networks are not authorized to target audiences in the United 
States, and must take steps set forth in law and regulation to avoid 
these audiences.
    (b) Board refers to the Board of a Network; or the Advisory Board.
    (c) Everyone else in the organization in describing a USAGM 
Network, refers to anyone within a Network who, pursuant to the 
structure of that Network or the highest standards of professional 
journalism, would be considered to not be part of the newsroom, i.e., 
involved with carrying out any aspect of journalism (e.g., the 
creation, editing, reporting, distributing, etc., of content), and thus 
outside the firewall. By definition the USAGM CEO is not within a 
Network.
    (d) Network, USAGM-funded Network, or USAGM Network: Refers to the 
Voice of America (VOA), Radio Free Europe, Radio Liberty (RFE/RL), 
Radio Free Asia (RFA), the Middle East Broadcasting Networks (MBN), and 
the Office of Cuba Broadcasting (OCB); or any other network, 
broadcaster, or grantee which falls under the Act, or is overseen by 
USAGM or a USAGM network. It does not include any officer or employee 
of USAGM not within VOA or OCB, including the Advisory Board or the 
Chief Executive Officer.
    (e) Newsroom refers to the news division of a USAGM-Network. The 
scope of the news division depends on the structure of the Network. 
Depending how a Network is organized the head of that Network may or 
may not be considered to be within the news division. The Board of a 
Network is considered to be outside the news division. Those within the 
news division must adhere to the highest professional standards of 
journalism in carrying out their responsibilities. Even if outside the 
newsroom, as set forth herein, the head of a network is still required 
to act in accordance with the highest standards of professional 
journalism in carrying out their roles with respect to the journalism, 
and thus ensuring the professional ``independence and integrity'' of 
the network.
    (f) Highest professional standards of journalism means the highest 
professional standards in the field of journalism. Each network is 
required to promulgate, maintain, and abide by a code of journalistic 
ethics and best practices that fully comports with the highest 
professional standards in the field of journalism, a violation of which 
is required to be reported to the Congress, per a recurring provision 
of the Agency's annual appropriation act.

[[Page 36153]]

    (g) Highest standards means unless otherwise indicated, refers to 
``highest professional standards of journalism''
    (h) Other applicable authorities includes the Radio Broadcasting to 
Cuba Act (22 U.S.C. 1465 et seq.); the Television Broadcasting to Cuba 
Act (22 U.S.C. 1465aa et seq.); the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.).
    (i) Reputable news organization means a news organization that 
adheres to the highest professional standards of journalism and has a 
firewall which insulates the news side of the operation, to ensure that 
editorial decisions are not influenced in a manner or by factors 
inconsistent with the highest standards of professional journalism.
    (j) USAGM CEO or CEO refers to the CEO authorized under section 304 
of the IBA. Until such time as the first Presidentially nominated, 
senate confirmed CEO is appointed, USAGM CEO shall also refer to the 
Federal Board.

Chelsea Milko,
Special Assistant.
[FR Doc. 2020-12696 Filed 6-11-20; 4:15 pm]
BILLING CODE 8610-01-P