Library / Laws / 113th / hr / H.R. 4490 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4490
IN THE HOUSE OF REPRESENTATIVES
April 28, 2014
Mr. Royce (for himself, Mr. Engel, Ms. Ros-Lehtinen, Mr. Sherman, Mr. Rohrabacher, Mr. Connolly, Mr. Chabot, Mr. Keating, and Mr. Salmon) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To enhance the missions, objectives, and effectiveness of United States international
communications, and for other purposes.
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; temporary exception for
Sub-Saharan Africa; 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.
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.
(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 Network 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) 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.
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.
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 Network.
(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.
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.
6.
Eligible broadcast areas
(a)
In general
The Board of the United States International Communications Agency and the Board of the Freedom
News Network 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.
I
Establishment, Organization, and Management of the United States International Communications
Agency
A
Establishment of the United States International Communications Agency
101.
Existence within the executive branch
The United States International Communications Agency shall exist within the executive branch of
Government as an independent establishment described in section 104 of
title 5, United States Code.
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 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).
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.
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.
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.
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.
107.
Role of the Inspector General
(a)
In general
The Inspector General of the Department of State and the Foreign Service shall exercise the same
authorities with respect to the United States International Communications
Agency and the Freedom News Network as the Inspector General exercises
under the Inspector General Act of 1978 with respect to the Department and
the Foreign Service.
(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.
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)
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.
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.
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 Network 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 has been satisfied:
(1) RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Network 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(f).
(4) A strategic plan for programming implementation has been developed in accordance with section
221(g).
(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)
Limitation on grant amounts
The total amount of grants made for the operating costs of the Freedom News Network may not exceed
$270,000,000 in fiscal year 2015.
(d)
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.
(e)
Not a Federal entity
Nothing in this Act may be construed to make the Freedom News Network a Federal agency or
instrumentality.
(f)
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.
(g)
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 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 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).
(h)
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, DC, 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.
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).
(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.
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) Details of how the structure and alignment of resources supports 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.
(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.
B
The Voice of America
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.
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.
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.
(10) Being capable of providing a broadcasting surge capacity under circumstances where overseas
disasters, crises, or other events require increased or heightened
international public diplomacy engagement.
124.
Limitation on Voice of America news, programming, and content; temporary exception for Sub-Saharan
Africa; exception for broadcasting to Cuba
(a)
In general
Except as provided in subsections (b) and (c), the Voice of America shall be limited to providing
reporting in accordance with its public diplomacy mandate on United States
and international news and information, and producing related original
programming and content, including coverage of United States foreign
policy, international organizations, and international economic
developments.
(b)
Temporary exception for sub-Saharan Africa
The Voice of America may provide original reporting on regional and local developments in
sub-Saharan Africa in accordance with the mission of the Freedom News
Network specified in section 212 until such time as the Freedom News
Network begins broadcasts to sub-Saharan Africa at which time the Voice of
America shall revert back to the principles specified in section 122.
(c)
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.
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.
C
General Provisions
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.
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.
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—
(1) shall not negatively impact subsequent appropriations to the Agency; and
(2) shall be used entirely for the purposes or research, development, and deployment of innovative
broadcasting or circumvention technology.
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.
135.
Effective date
This title shall take effect on the date that is 180 days after the date of the enactment of this
Act.
II
The Freedom News Network
201.
Sense of Congress
It is the sense of Congress that RFE/RL, Incorporated, Radio Free Asia, and the Middle East
Broadcasting Network 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.
A
Consolidation of Existing Grantee Organizations
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 Network, 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 Network 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.
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 projecting democratic values and promoting equality and the rights of
the individual;
(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.
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.
B
Organization of the Freedom News Network
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 Chairs and Ranking Members
of the appropriate congressional committees shall identify and appoint
candidates for the first board of the Freedom News Network, direct the
appointment of board members, and select the first chair of the board of
the Freedom News Network as follows:
(1) Two individuals shall be appointed by the Chair of the Committee on Foreign Affairs of the House of
Representatives.
(2) Two individuals shall be appointed by the Ranking Member of the Committee on Foreign Affairs of the
House of Representatives.
(3) Two individuals shall be appointed by the Chair of the Committee on Foreign Relations of the
Senate.
(4) Two individuals shall be appointed by the Ranking Member of the Committee on Foreign Relations of
the Senate.
(5) One individual shall be appointed by consensus of the Chairs and Ranking Members of the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(c)
Operations of the first board of the Freedom News Network
(1)
In general
The board members of the first board of the Freedom News Network shall determine the bylaws, select
the Chief Executive Officer of the Freedom News Network, and file articles
of incorporation under the corporate name Freedom News Network. The first board of the Freedom News Network may change the organization’s name in accordance with
such bylaws.
(2)
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 (1) and the succession process described in
paragraph (3).
(3)
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 (1) and in accordance with the principle of a self-replenishing body.
(d)
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.
(e)
Abolishment of existing boards
The boards of directors of RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting
Network 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.
(f)
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. The board of the Freedom News
Network may add to the duties and responsibilities of the Chief Executive
Officer as the board determines appropriate, and such additional duties
and responsibilities shall be codified in the bylaws of the Freedom News
Network.
(g)
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 Network 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, DC.
(B) An organizational chart identifying the managerial and supervisory lines of authority among all
employees of the Freedom News Network.
(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 foreign policy and national security interests of the United States are
being served by maintaining operations of the Freedom News Network.
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 Network 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 foreign-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 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 subparagraph (A).
(3) Clear benchmarks that establish the progress made towards achieving the strategic goals and
objectives referred to in subparagraph (A).
(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
Network had been operated as independent grantees or as a Federal entity
within the Voice of America.
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.
224.
Reports by the Office of the Inspector General of the Department of State; audits by GAO
(a)
IG reports
(1)
In general
Not later than September 30 of each year, the Inspector General of the Department of State and the
Foreign Service shall submit to the appropriate congressional committees a
report on management practices of the Freedom News Network, including a
financial report on unobligated balances.
(2)
Continuation of authority
Notwithstanding any other provision of law, the Inspector General of the Department of State and
the Foreign Service is authorized to exercise the authorities of the
Inspector General Act of 1978 with respect to the Freedom News Network.
(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.
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:
(b)
(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)—
(A) by striking Broadcasting Board of Governors and inserting United States International Communications Agency; and
(B) 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;
(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 1001 (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.