99–006

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–493

FREEDOM PROMOTION ACT OF 2002

JUNE 5, 2002.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. HYDE, from the Committee on International Relations,

submitted the following

R E P O R T

[To accompany H.R. 3969]

[Including cost estimate of the Congressional Budget Office]

The Committee on International Relations, to whom was referred the bill (H.R. 3969) to enhance United States public diplomacy, to reorganize United States international broadcasting, and

for other purposes, having considered the same, reports favorably

thereon with an amendment and recommends that the bill as

amended do pass.

TABLE OF CONTENTS

Page

The Amendment ...................................................................................................... 2

Purpose and Summary ............................................................................................ 14

Background and Need for the Legislation ............................................................. 15

Hearings ................................................................................................................... 16

Committee Consideration ........................................................................................ 16

Votes of the Committee ........................................................................................... 16

Committee Oversight Findings ............................................................................... 17

New Budget Authority and Tax Expenditures ...................................................... 17

Congressional Budget Office Cost Estimate .......................................................... 17

Performance Goals and Objectives ......................................................................... 20

Constitutional Authority Statement ...................................................................... 20

Section-by-Section Analysis .................................................................................... 20

New Advisory Committees ...................................................................................... 27

Congressional Accountability Act ........................................................................... 27

Federal Mandates .................................................................................................... 27

Changes in Existing Law Made by the Bill, as Reported ..................................... 27

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THE AMENDMENT

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Freedom Promotion Act of 2002’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—UNITED STATES PUBLIC DIPLOMACY

Sec. 101. Findings and purposes.

Sec. 102. Public diplomacy responsibilities of the Department of State.

Sec. 103. Annual plan on public diplomacy strategy.

Sec. 104. Public diplomacy training.

Sec. 105. United States Advisory Commission on Public Diplomacy.

Sec. 106. Library program.

Sec. 107. Sense of Congress concerning public diplomacy efforts in sub-Saharan Africa.

Sec. 108. Funding and authorization of appropriations.

TITLE II—UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE DEPARTMENT OF

STATE

Sec. 201. Establishment of initiatives for predominantly Muslim countries.

Sec. 202. Database of alumni of American and foreign participants in exchange programs.

Sec. 203. Report on inclusion of freedom and democracy advocates in educational and cultural exchange pro- grams. Sec. 204. Fulbright-Hays authorities.

Sec. 205. Supplemental authorization of appropriations.

Sec. 206. Supplemental authorization of appropriations for the National Endowment for Democracy.

TITLE III—REORGANIZATION OF UNITED STATES INTERNATIONAL BROADCASTING

Sec. 301. Establishment of United States International Broadcasting Agency.

Sec. 302. Authorities and functions of the agency.

Sec. 303. Role of the secretary of State.

Sec. 304. Administrative provisions.

Sec. 305. Broadcasting Board of Governors and International Broadcasting Bureau.

Sec. 306. Transition.

Sec. 307. Conforming amendments.

Sec. 308. References.

Sec. 309. Broadcasting standards.

Sec. 310. Authorization of appropriations.

Sec. 311. Effective date.

SEC. 3. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee on International Relations and

the Committee on Appropriations of the House of Representatives and the Committee on Foreign Affairs and the Committee on Appropriations of the Senate.

(2) DEPARTMENT.—The term ‘‘Department’’ means the Department of State.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of State.

TITLE I—UNITED STATES PUBLIC DIPLOMACY

SEC. 101. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress makes the following findings:

(1) The United States possesses strong and deep connections with the peoples of the world separate from its relations with their governments. These connections can be a major asset in the promotion of United States interests and

foreign policy.

(2) Misinformation and hostile propaganda in these countries regarding the

United States and its foreign policy endanger the interests of the United States.

Existing efforts to counter such misinformation and propaganda are inadequate

and must be greatly enhanced in both scope and substance.

(3) United States foreign policy has been hampered by an insufficient consideration of the importance of public diplomacy in the formulation and implementation of that policy and by the underuse of modern communication techniques.

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(4) The United States should have an operational strategy and a coordinated effort regarding the utilization of its public diplomacy resources.

(5) The development of an operational strategy and a coordinated effort by

United States agencies regarding public diplomacy would greatly enhance

United States foreign policy.

(6) The Secretary of State has undertaken efforts to ensure that of the new

job positions established at the Department of State after September 30, 2002,

a significant proportion of the positions is for public diplomacy.

(b) PURPOSES.—It is the purpose of this Act to enhance in scope and substance,

redirect, redefine, and reorganize United States public diplomacy.

SEC. 102. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.

(a) IN GENERAL.—The State Department Basic Authorities Act of 1956 (22

U.S.C. 265 et seq.) is amended by inserting after section 56 the following new section:

‘‘SEC. 57. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.

‘‘(a) IN GENERAL.—The Secretary of State shall make public diplomacy an integral component in the planning and execution of United States foreign policy. The

Department of State, in coordination with the United States International Broadcasting Agency, shall develop a comprehensive strategy for the use of public diplomacy resources and assume a prominent role in coordinating the efforts of all Federal agencies involved in public diplomacy. Public diplomacy efforts shall be addressed to developed and developing countries, to select and general audiences, and

shall utilize all available media to ensure that the foreign policy of the United

States is properly explained and understood not only by the governments of countries but also by their peoples, with the objective of enhancing support for United

States foreign policy. The Secretary shall ensure that the public diplomacy strategy

of the United States is cohesive and coherent and shall aggressively and through

the most effective mechanisms counter misinformation and propaganda concerning

the United States. The Secretary shall endeavor to articulate the importance in

American foreign policy of the guiding principles and doctrines of the United States,

particularly freedom and democracy. The Secretary, in coordination with the Board

of Governors of the United States International Broadcasting Agency, shall develop

and articulate long-term measurable objectives for United States public diplomacy.

The Secretary is authorized to produce and distribute public diplomacy programming for distribution abroad in order to achieve public diplomacy objectives, including through satellite communication, the Internet, and other established and emerging communications technologies. ‘‘(b) INFORMATION CONCERNING UNITED STATES ASSISTANCE.— ‘‘(1) IDENTIFICATION OF ASSISTANCE.—In cooperation with the Agency for

International Development (AID) and other public and private assistance organizations and agencies, the Secretary shall ensure that information concerning

foreign assistance provided by the United States Government, United States

nongovernmental organizations and private entities, and the American people

is disseminated widely and prominently, particularly, to the extent practicable,

within countries and regions that receive such assistance. The Secretary shall

ensure that, to the extent practicable, projects funded by the Agency for International Development (AID) that do not involve commodities, including projects

implemented by private voluntary organizations, are identified as being supported by the United States of America, as American Aid or provided by the

American people.

‘‘(2) REPORT TO CONGRESS.—Not later than 120 days after the end of each

fiscal year, the Secretary shall submit a report to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate on efforts to disseminate information concerning

assistance described in paragraph (1) during the preceding fiscal year. Each

such report shall include specific information concerning all instances in which

the Agency for International Development has not identified projects in the

manner prescribed in paragraph (1) because such indentification was not practicable. Any such report shall be submitted in unclassified form, but may include a classified appendix.

‘‘(c) AUTHORITY.— Subject to the availability of appropriations, the Secretary

may contract with and compensate government and private agencies or persons for

property and services to carry out this section.’’.

(b) ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.—

(1) The Secretary of State shall establish a public diplomacy reserve corps

to augment the public diplomacy capacity and capabilities of the Department

in emergency and critical circumstances worldwide. The Secretary shall develop

a detailed action plan for the temporary deployment and use of the corps to bolVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
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ster public diplomacy resources and expertise. To the extent considered necessary and appropriate, the Secretary may recruit experts in public diplomacy

and related fields from the private sector and utilize the expertise of former employees of the Department in implementing this subsection.

(2) While actively serving with the reserve corps, individuals are prohibited

from engaging in activities directly or indirectly intended to influence public

opinion within the United States to the same degree that employees of the Department engaged in public diplomacy are so prohibited.

(c) TECHNOLOGY AND EQUIPMENT UPGRADES.— (1) The Secretary shall establish a fully capable multimedia programming

and distribution capacity including satellite, Internet, and other services, and

also including the capability to acquire and produce audio and video feeds and

Internet streaming to foreign news organizations. The technology and equipment upgrades under the first sentence shall be fully implemented within 2

years of the date of the enactment of this Act.

(2) To the extent practicable, activities under this subsection shall utilize

the facilities of the United States International Broadcasting Agency established by title III for the purpose of furthering the public diplomacy objectives

of the Department of state as enunciated in this section. The Secretary shall

reimburse the reasonable expenses of the United States International Broadcasting Agency which are incurred as a result of the Department’s use of the

Agency’s facilities.

(d) FUNCTIONS OF THE UNDER SECRETARY FOR PUBLIC DIPLOMACY.— (1) Section 1(b)(3) of the State Department Basic Authorities Act of 1956

(22 U.S.C. 2651a(b)(3)) is amended by striking ‘‘formation’’ and all that follows

through the period at the end and inserting ‘‘formation, supervision, and implementation of United States public diplomacy policies, programs, and activities,

including the provision of guidance to Department personnel in the United

States and overseas who conduct or implement such policies, programs, and activities. The Under Secretary for Public Diplomacy shall assist the United

States Agency for International Broadcasting in presenting the policies of the

United States clearly and effectively, shall submit statements of United States

policy and editorial material to the Agency for broadcast consideration in addition to material prepared by the Agency, and shall ensure that editorial material created by the Agency for broadcast is reviewed expeditiously by the Department.’’. (2) The Under Secretary for Public Diplomacy, in carrying out the functions

under the last sentence of section 1(b)(3) of the State Department Basic Authorities Act of 1956 (as added by paragraph (1), shall consult public diplomacy

officers operating at United States overseas posts and in the regional bureaus

of the Department of State.

SEC. 103. ANNUAL PLAN ON PUBLIC DIPLOMACY STRATEGY.

The Secretary of State, in coordination with all appropriate Federal agencies,

shall prepare an annual review and analysis of the impact of public diplomacy efforts on target audiences. Each review shall assess the United States public diplomacy strategy worldwide and by region, including the allocation of resources and

an evaluation and assessment of the progress in, and barriers to, achieving the

goals set forth under previous plans submitted under this section. On the basis of

such review, the Secretary of State, in coordination with all appropriate Federal

agencies shall develop and submit to the appropriate congressional committees an

annual plan for the implementation of public diplomacy strategy which specifies

goals, agency responsibilities, and necessary resources and mechanisms for achieving such goals during the next fiscal year. The plan may be submitted in classified

form.

SEC. 104. PUBLIC DIPLOMACY TRAINING.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.

(2) Ambassadors should have a prominent role in the formulation of public

diplomacy strategies for the countries and regions to which they are assigned

and be accountable for the operation and success of public diplomacy efforts at

their posts.

(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on public diplomacy and the tools

and technology of mass communication.

(b) PERSONNEL.—

(1) In the recruitment, training, and assignment of members of the Foreign

Service, the Secretary shall emphasize the importance of public diplomacy and

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of applicable skills and techniques. The Secretary shall consider the priority recruitment into the Foreign Service, at middle-level entry, of individuals with expertise and professional experience in public diplomacy or mass communications, especially individuals with language facility and experience in particular

countries and regions.

(2) The Secretary of State shall seek to increase the number of Foreign

Service officers proficient in languages spoken in predominantly Muslim countries. Such increase shall be accomplished through the recruitment of new officers and incentives for officers in service.

SEC. 105. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

(a) STUDY AND REPORT BY UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.—Section 604(c)(2) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(c)) is amended to read as follows:

‘‘(2)(A) Not less often than every two years, the Commission shall undertake an

indepth review of United Sttes public diplomacy programs, policies, and activities.

Each study shall assess the effectiveness of the various mechanisms of United

States public diplomacy, in light of factors including public and media attitudes

around the world toward the United States, Americans, and United States foreign

policy, and make appropriate recommendations.

‘‘(B) A comprehensive report of each study under subparagraph (A) shall be submitted to the Secretary of State and the appropriate congressional committees. At

the discretion of the Commission, any report under this subsection may be submitted in classified form or with a classified appendix.

(b) INFORMATION AND SUPPORT FROM OTHER AGENCIES.—Upon request of the

United States Advisory Commission on Public Diplomacy, the Secretary of State, the

Director of the United States International Broadcasting Agency, and the head of

any other Federal agency that conducts public diplomacy programs and activities

shall provide information to the Advisory Commission to assist in carrying out the

responsibilities under section 604(c)(5) of the United States Information and Educational Exchange Act of 1948 (as amended by subsection (a)).

(c) ENHANCING THE EXPERTISE OF UNITED STATES ADVISORY COMMISSION ON

PUBLIC DIPLOMACY.—

(1) QUALIFICATIONS OF MEMBERS.—Section 604(a)(2) of the United States

Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(a)(2)) is

amended by adding at the end the following: ‘‘At least 4 members shall have

substantial experience in the conduct of public diplomacy or comparable activities in the private sector. No member shall be an officer or employee of the

United States.’’.

(2) APPLICATION OF AMENDMENT.—The amendments made by paragraph (1)

shall not apply to individuals who are members of the United States Advisory

Commission on Public Diplomacy on the date of the enactment of this Act.

SEC. 106. LIBRARY PROGRAM.

The Secretary of State shall develop and implement a demonstration program

to assist foreign governments to establish or upgrade their public library systems

to improve literacy and support public education. The program should provide training in the library sciences. The purpose of the program shall be to advance American values and society, particularly the importance of freedom and democracy.

SEC. 107. SENSE OF CONGRESS CONCERNING PUBLIC DIPLOMACY EFFORTS IN SUB-SAHARAN

AFRICA.

(a) FINDINGS.—The Congress makes the following findings:

(1) A significant number of sub-Saharan African countries have predominantly Muslim populations, including such key countries as Nigeria, Senegal,

Djibouti, Mauritania, and Guinea.

(2) In several of these countries, groups with links to militant religious organizations are active among the youth, primarily young men, promoting a philosophy and practice of intolerance and radical clerics are effectively mobilizing

public sentiment against the United States.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that the Secretary

should include countries in sub-Saharan Africa with predominantly Muslim populations in the public diplomacy activities authorized by this Act and the amendments made by this Act.

SEC. 108. FUNDING AND AUTHORIZATION OF APPROPRIATIONS.

(a) LIMITATION ON USE OF FUNDS.—Of the amounts authorized to be appropriated for each of the fiscal years 2002 and 2003 for the Diplomatic and Consular

Programs of the Department of State, $297,759,000 for the fiscal year 2002 and

$512,000,000 for the fiscal year 2003 shall be available only for public diplomacy

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programs and activities as carried out prior to the Foreign Affairs Reform and Restructuring Act of 1998, other than programs of educational and cultural exchange.

(b) AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN PUBLIC DIPLO- MACY PROGRAMS.— (1) In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2002

and 2003 for Diplomatic and Consular Programs of the Department of State

which shall be available only for improvements and modernization of public diplomacy programs and activities of the Department of State as carried out prior

to the Foreign Affairs Reform and Restructuring Act of 1998, other than programs of educational and cultural exchange.

(2) LIMITATIONS.— (A) TRANSLATION SERVICES.—Of the amounts authorized to be appro- priated by paragraph (1), $4,000,000 for each of the fiscal years 2002 and

2003 is authorized to be appropriated only for translation services available

to public affairs officers in overseas posts.

(B) BROADCAST SERVICES.—Of the amounts authorized to be appro- priated by paragraph (1), $7,500,000 for each of the fiscal years 2002 and

2003 is authorized to be appropriated only for the Office of Broadcast Services to carry out section 102(c).

TITLE II—UNITED STATES EDUCATIONAL AND

CULTURAL PROGRAMS OF THE DEPARTMENT OF STATE

SEC. 201. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES.

(a) FINDINGS.—The Congress makes the following findings:

(1) Surveys indicate that, in countries of predominantly Muslim population,

opinions of the United States and American foreign policy among the general

public and select audiences are significantly distorted by highly negative and

hostile beliefs and images and that many of these beliefs and images are the

result of misinformation and propaganda by individuals and organizations hostile to the United States.

(2) These negative opinions and images are highly prejudicial to the interests of the United States and to its foreign policy.

(3) As part of a broad and long-term effort to enhance a positive image of

the United States in the Muslim world, a key element should be the establishment of programs to promote a greater familiarity with American society and

values among the general public and select audiences in countries of predominantly Muslim population.

(b) ESTABLISHMENT OF INITIATIVES.—The Secretary of State shall establish the

following programs with countries with predominantly Muslim populations as part

of the educational and cultural exchange programs of the Department of State:

(1) JOURNALISM PROGRAM.—A program for foreign journalists, editors, and

postsecondary students of journalism which, in cooperation with private sector

sponsors to include universities, shall sponsor workshops and professional training in techniques, standards, and practices in the field of journalism to assist

the participants to achieve the highest standards of professionalism.

(2) ENGLISH LANGUAGE TEACHING.—The Secretary shall establish a program

to provide grants to United States citizens to work in middle and secondary

schools as English language teaching assistants for not less than an academic

year. If feasible, the host government or local educational agency shall share

the salary costs of the assistants.

(3) SISTER CITY PARTNERSHIPS.—The Secretary shall expand and enhance

sister-city partnerships between United States and international municipalities

in an effort to increase global cooperation at the community level. Such partnerships shall encourage economic development, municipal cooperation, health care

initiatives, youth and educational programs, disability advocacy, emergency preparedness, and humanitarian assistance.

(4) YOUTH AMBASSADORS.—The Secretary shall establish a program for visits by middle and secondary school students to the United States during school

holidays in their home country for periods not to exceed 4 weeks. Participating

students shall reflect the economic and geographic diversity of their countries.

Activities shall include cultural and educational activities designed to familiarize participating students with American society and values. To the extent

practicable, such visits shall be coordinated with middle and secondary schools

in the United States to provide for school-based activities and interactions. The

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Secretary shall encourage the establishment of direct school-to-school linkages

under the program.

(5) FULBRIGHT EXCHANGE PROGRAM.—The Secretary shall seek to substantially increase the number of awards under the J. William Fulbright Educational Exchange Program to graduate students, scholars, professionals, teachers, and administrators from the United States who are applying for such

awards to study, teach, conduct research, or pursue scholarship in predominantly Muslim countries. Part of such increase shall include awards for scholars

and teachers who plan to teach subjects relating to American studies.

(6) HUBERT H. HUMPHREY FELLOWSHIPS.—The Secretary shall seek to substantially increase the number of Hubert H. Humphrey Fellowships awarded to

candidates from predominantly Muslim countries.

(7) LIBRARY TRAINING EXCHANGE PROGRAM.—The Secretary shall develop an

exchange program for postgradute students seeking additional training in the

library sciences and related fields.

(c) GENERAL PROVISION.—Programs established under this section shall be carried out under the provisions of the United States Information and Educational Exchange Act of 1948 and the Mutual Educational and Cultural Exchange Act of 1961.

SEC. 202. DATABASE OF ALUMNI OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE

PROGRAMS.

To the extent practicable, the Secretary of State, in coordination with the heads

of other agencies that conduct international exchange and training programs, shall

establish and maintain a database listing all American and foreign alumni of such

programs in order to encourage networking, interaction, and communication with

alumni.

SEC. 203. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

Not later than 90 days after the date of the enactment of this Act, the Secretary

of State shall submit to the Congress a report concerning the implementation of section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act

of 1996. The report shall include information concerning the number of grants to

conduct exchange programs to countries described in such section that have been

submitted for competitive bidding, what measures have been taken to ensure that

willingness to include supporters of freedom and democracy in such programs is

given appropriate weight in the selection of grantees, and an evaluation of whether

United States exchange programs in the countries described in such section are fully

open to supporters of freedom and democracy, and, if not, what obstacles remain

and what measures are being taken to implement such policy.

SEC. 204. FULBRIGHT-HAYS AUTHORITIES.

Section 112(d) of the Mutual Educational and Cultural Exchange Act of 1961

(22 U.S.C. 2460) is amended by striking ‘‘operating under the authority of this Act

and consistent with’’ and inserting ‘‘which operate under the authority of this Act

or promote’’.

SEC. 205. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

In addition to such amounts as are otherwise authorized to be appropriated, for

each of the fiscal years 2002 and 2003 there are authorized to be appropriated

$35,000,000 for educational and cultural exchange programs of the Department of

State.

SEC. 206. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL ENDOWMENT FOR DEMOCRACY.

In addition to amounts otherwise authorized to be appropriated for the fiscal

years 2002 and 2003, there are authorized to be appropriated $5,000,000 for the fiscal year 2002 and $10,000,000 for the fiscal year 2003 for the National Endowment

for Democracy to fund programs that promote democracy, good governance, the rule

of law, independent media, religious tolerance, the rights of women, and strengthening of civil society in countries of predominantly Muslim population within the

jurisdiction of the Bureau of Near Eastern Affairs of the Department of State.

TITLE III—REORGANIZATION OF UNITED

STATES INTERNATIONAL BROADCASTING

SEC. 301. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING AGENCY.

(a) IN GENERAL.—Section 304 of the United States International Broadcasting

Act of 1994 (22 U.S.C. 6203) is amended to read as follows:

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‘‘SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL BROADCASTING AGENCY.

‘‘(a) ESTABLISHMENT.—There is established as an independent agency in the executive branch the United States International Broadcasting Agency (hereinafter in

this Act referred to as the ‘Agency’). ‘‘(b) BOARD OF GOVERNORS OF THE AGENCY.— ‘‘(1) HEAD OF AGENCY.—The Agency shall be headed by the Board of Governors of the United States International Broadcasting Agency (hereinafter in

this Act referred to as the ‘Board of Governors’). ‘‘(2) AUTHORITIES AND FUNCTIONS.—The Board of Goverors shall— ‘‘(A) carry out the authorities and functions of the Agency under section

305; and ‘‘(B) be responsible for the exercise of all authorities and powers and

the discharge of all duties and functions of the Agency.

‘‘(3) COMPOSITION OF THE BOARD OF GOVERNORS.— ‘‘(A) The Board of Governors shall consist of 9 members, as follows: ‘‘(i) Eight voting members who shall be appointed by the President,

by and with the advice and consent of the Senate. ‘‘(ii) The Secretary of State who shall also be a voting member. ‘‘(B) The President shall appoint one member (other than the Secretary

of State) as Chair of the Board of Governors, subject to the advice and consent of the Senate.

‘‘(C) Exclusive of the Secretary of State, not more than 4 of the members of the Board of Governors appointed by the President shall be of the

same political party.

‘‘(4) TERM OF OFFICE.—The term of office of each member of the Board of

Governors shall be three years, except that the Secretary of State shall remain

a member of the Board of Governors during the Secretary’s term of service. 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. Any member whose term has expired may serve until a successor has

been appointed and qualified. 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.

‘‘(5) SELECTION OF BOARD OF GOVERNORS.—Members of the Board of Governors appointed by the President 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 Americans distinguished in

the fields of mass communications, print, broadcast media, or foreign affairs.

‘‘(6) COMPENSATION.—Members of the Board of Governors, 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, as authorized by law for persons in the

Government service employed intermittently. The Secretary of State shall not

be entitled to any compensation under this title, but may be allowed travel expenses as provided under this subsection.

‘‘(7) DECISIONS.—Decisions of the Board of Governors shall be made by majority vote, a quorum being present. A quorum shall consist of 5 members.

‘‘(8) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any other provision

of law, any and all limitations on liability that apply to the members of the

Board of Governors also shall apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and

Radio Free Asia.

‘‘(c) DIRECTOR.—

‘‘(1) APPOINTMENT.—The Board of Governors shall appoint a Director of the

Agency. The Director shall receive basic pay at the rate payable for level IV of

the Executive Schedule under section 5313 of title 5, United States Code. The

Director may be removed through a majority vote of the Board.

‘‘(2) FUNCTIONS AND DUTIES.—The Director shall have the following functions and duties:

‘‘(A) To exercise the authorities delegated by the Board of Governors

pursuant to section 305(b).

‘‘(B) To carry out all broadcasting activities conducted pursuant to this

title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting

to Cuba Act.

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‘‘(C) To examine and make recommendations to the Board of Governors

on long-term strategies for the future of international broadcasting, including the use of new technologies. ‘‘(D) To review engineering activities to ensure that all broadcasting

elements receive the highest quality and cost-effective delivery services. ‘‘(E) To procure supplies, services, and other personal property to carry

out the functions of the Agency. ‘‘(F) To obligate and expend, for official reception and representation expenses, such amounts as may be made available through appropriations. ‘‘(G) To provide for the use of United States Government transmitter

capacity for relay of broadcasting by grantees. ‘‘(H) 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 title 5, United States Code. ‘‘(I) To procure for the Agency, pursuant to section 1535 of title 31,

United States Code goods and services from other departments or agencies. ‘‘(J) To the extent funds are available, to lease space and acquire personal property for the Agency. ‘‘(d) INSPECTOR GENERAL AUTHORITIES.— ‘‘(1) IN GENERAL.—The Inspector General of the Department of State shall

exercise the same authorities with respect to the Agency as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the

Foreign Service Act of 1980 with respect to the Department of State. ‘‘(2) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.—The Inspector General of the Department of State and the Foreign Service shall respect

the journalistic integrity of all the broadcasters covered by this title and may

not evaluate the philosophical or political perspectives reflected in the content

of broadcasts.’’. (b) RETENTION OF EXISTING BOARD MEMBERS.—The members of the Broadcasting Board of Governors appointed by the President pursuant to section 304 of

the United States International Broadcasting Act of 1994 on the day before the effective date of this title and holding office as of that date may serve the remainder

of their terms of office as members of the Board of Governors established under subsection (b) without reappointment, or if their term has expired may serve until a

successor is appointed and qualified.

SEC. 302. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

Section 305 of the United States International Broadcasting Act of 1994 (22

U.S.C. 6204) is amended to read as follows:

‘‘SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

‘‘(a) The Agency shall have the following authorities and functions:

‘‘(1) To supervise all broadcasting activities conducted pursuant to this title,

the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba

Act.

‘‘(2) To review and evaluate the mission and operation of, and to assess the

quality, effectiveness, and professional integrity of, all such activities within the

context of the broad foreign policy objectives of the United States and the guiding principles and doctrines of the United States, particularly freedom and democracy.

‘‘(3) To develop strategic goals after reviewing human rights reporting and

other reliable assessments to assist in determining programming and resource

allocation.

‘‘(4) To ensure that United States international broadcasting is conducted

in accordance with the standards and principles contained in section 303.

‘‘(5) To review, evaluate, and determine, at least annually, after consultation with the Secretary of State, the addition or deletion of language services.

‘‘(6) To make and supervise grants for broadcasting and related activities

in accordance with sections 308 and 309.

‘‘(7) To allocate funds appropriated for international broadcasting activities

among the various elements of the Agency and grantees, subject to the limitations in sections 308 and 309 and subject to reprogramming notification requirements in law for the reallocation of funds.

‘‘(8) To undertake such studies as may be necessary to identify areas in

which broadcasting activities under its authority could be made more efficient

and economical.

‘‘(9) To submit to the President and the Congress an annual report which

summarizes and evaluates activities under this title, the Radio Broadcasting to

10

Cuba Act, and the Television Broadcasting to Cuba Act, placing special emphasis on the assessment described in paragraph (2). ‘‘(10) To make available in the annual report required by paragraph (9) information on funds expended on administrative and managerial services by the

Agency and by grantees and the steps the Agency has taken to reduce unnecessary overhead costs for each of the broadcasting services. ‘‘(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, 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 Director considers necessary in carrying out the provisions and purposes of this title. ‘‘(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 Bureau, or the Board before the effective date of title XIII

of the Foreign Affairs Consolidation Act of 1998 for carrying out the broadcasting activities covered by this title.

‘‘(b) DELEGATION OF AUTHORITY.—The Board of Governors may delegate to the

Director of the Agency, or any other officer or employee of the United States, the

authorities provided in this section, except those authorities provided in paragraph

(1), (2), (4), (5), (6), (7), or (9) of subsection (a). ‘‘(c) BROADCASTING BUDGETS.—Director and the grantees identified in sections

308 and 309 shall submit proposed budgets to the Board. The Board shall forward

its recommendations concerning the proposed budget for the Board and broadcasting

activities under this title, the Radio Broadcasting to Cuba Act, and the Television

Broadcasting to Cuba Act to the Office of Management and Budget.’’.

SEC. 303. ROLE OF THE SECRETARY OF STATE.

Section 306 of the United States International Broadcasting Act of 1994 (22

U.S.C. 6205) is amended to read as follows:

‘‘SEC. 306. ROLE OF THE SECRETARY OF STATE.

‘‘To assist the Agency in carrying out its functions, the Secretary of State shall

provide such information and guidance on foreign policy and public diplomacy issues

to the Agency as the Secretary considers appropriate.’’.

SEC. 304. ADMINISTRATIVE PROVISIONS.

The United States International Broadcasting Act of 1994 is amended by striking section 307 and inserting the following new section:

‘‘SEC. 307. ADMINISTRATIVE PROVISIONS.

‘‘(a) OFFICERS AND EMPLOYEES.—The Board of Governors may appoint and fix

the compensation of such officers and employees as may be necessary to carry out

the functions of the Agency. Except as otherwise provided by law, such officers and

employees shall be appointed in accordance with the civil service laws and their

compensation shall be fixed in accordance with title 5, United States Code. ‘‘(b) EXPERTS AND CONSULTANTS.—The Board of Governors, as may be provided

in appropriation Acts, may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for level IV

of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘(c) ACCEPTANCE OF VOLUNTARY SERVICES.— ‘‘(1) IN GENERAL.—Notwithstanding section 1342 of title 31, United States

Code, the Board of Governors may accept, subject to regulations issued by the

Office of Personnel Management, voluntary services if such services— ‘‘(A) are to be uncompensated; and

‘‘(B) are not used to displace any employee. ‘‘(2) TREATMENT.—Any individual who provides voluntary services under

this section shall not be considered a Federal employee for any purpose other

than for purposes of chapter 81 of title 5, United States Code (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States

Code (relating to tort claims).

‘‘(d) DELEGATION.—Except as otherwise provided in this Act, the Board of Governors may delegate any function to the Director and such other officers and employees of the Agency as the Board of Governors may designate, and may authorize

such successive redelegations of such functions within the Agency as may be necessary or appropriate.

‘‘(e) CONTRACTS.—

‘‘(1) IN GENERAL.—Subject to the Federal Property and Administrative Services Act of 1949 and other applicable Federal law, the Board of Governors may

11

make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons,

and to make such payments, by way of advance or reimbursement, as the Board

of Governors may determine necessary or appropriate to carry out functions of

the Board of Governors or the Agency.

‘‘(2) APPROPRIATION AUTHORITY REQUIRED.—No authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts.

‘‘(f) REGULATIONS.—The Director may prescribe such rules and regulations as

the Board of Governors considers necessary or appropriate to administer and manage the functions of the Agency, in accordance with chapter 5 of title 5, United

States Code.

‘‘(g) SEAL.—The Director shall cause a seal of office to be made for the Agency

of such design as the Board of Governors shall approve. Judicial notice shall be

taken of such seal.’’.

SEC. 305. BROADCASTING BOARD OF GOVERNORS AND INTERNATIONAL BROADCASTING BUREAU.

The Broadcasting Board of Governors and the International Broadcasting Bureau are abolished.

SEC. 306. TRANSITION.

(a) TRANSFER OF FUNCTIONS.—Except as otherwise provided in this title or an

amendment made by this title, all functions that on the day before the effective date

specified in section 311 are authorized to be performed by the Broadcasting Board

of Governors and the International Broadcasting Bureau and any officer, employee,

or component of such entities, under any statute, reorganization plan, Executive

order, or other provision of law, are transferred to the Agency established under this

title effective on that date.

(b) DETERMINATION OF CERTAIN FUNCTIONS.—If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this title.

(c) TRANSITION PROVISIONS.—

(1) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, the

Board of Governors may, for purposes of performing a function that is transferred to the Agency by this title, exercise all authorities under any other provision of law that were available with respect to the performance of that function

to the official responsible for the performance of that function on the day before

the effective date specified in section 310.

(2) AUTHORITIES TO WIND UP AFFAIRS.—

(A) The Director of the Office of Management and Budget may take

such actions as the Director of the Office of Management and Budget considers necessary to wind up any outstanding affairs of the Broadcasting

Board of Governors and the International Broadcasting Bureau associated

with the functions that are transferred pursuant to subsection (a).

(B) The Director of the Office of Management and Budget may take

such actions as the Director of the Office of Management and Budget considers necessary to wind up any outstanding affairs of the Broadcasting

Board of Governors and the International Broadcasting Bureau associated

with the functions that are transferred pursuant to subsection (a).

(3) TRANSFER OF ASSETS.—Any property, records, unexpended balances of

appropriations, allocations, and other funds employed, used, held, available, or

to be made available in connection with a function transferred to the Agency

by this Act are transferred on the effective date specified in section 310.

SEC. 307. CONFORMING AMENDMENTS.

(a) UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994.—The United

States International Broadcasting Act of 1994 is amended as follows:

(1) Section 308 (22 U.S.C. 6207) is amended—

(A) in subsection (a)—

(i) by striking ‘‘The Board’’ and inserting ‘‘The Agency’’; and

(ii) in paragraph (1) by striking ‘‘Broadcasting Board of Governors’’

and inserting ‘‘Board Governors of the International Broadcasting

Agency’’;

(B) in subsection (b)—

(i) by striking paragraph (2);

(ii) by striking ‘‘(1)’’; and

(iii) by striking ‘‘Board’’ both places it appears and inserting ‘‘Agency’’;

12

(C) in subsections (c), (d), (g), (h), and (i) by striking ‘‘Board’’ each place

it appears and inserting ‘‘Agency’’;

(D) in subsection (g)(4) by striking ‘‘International Broadcasting Bureau’’

and inserting ‘‘Agency’’; and

(E) in subsections (i) and (j) by striking ‘‘and the Foreign Service’’ each

place it appears.

(2) Section 309 (22 U.S.C. 6208) is amended—

(A) in subsection (c)(1) by striking ‘‘Board’’ both places it appears and

inserting ‘‘Agency’’;

(B) by striking subsection (e);

(C) in subsections (f) and (g) by striking ‘‘Board’’ each place it appears

and inserting ‘‘Agency’’; and

(D) in subsection (g) by striking ‘‘Chairman of the Board’’ and inserting

‘‘Agency’’.

(3) By striking section 311 (22 U.S.C. 6210).

(4) In section 313 (22 U.S.C. 6212) by striking ‘‘Board’’ and inserting ‘‘Agency’’.

(5) In section 314 (22 U.S.C. 6213) by striking paragraph (2).

(6) By striking section 315.

(b) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996.—

Section 107 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of

1996 (22 U.S.C. 6037) is amended in subsections (a) and (b) by striking ‘‘International Broadcasting Bureau’’ each place it appears and inserting ‘‘United States

International Broadcasting Agency’’.

(c) RADIO BROADCASTING TO CUBA ACT.—The Radio Broadcasting to Cuba Act

(22 U.S.C. 1465 et seq.) is amended as follows:

(1) In section 3 (22 U.S.C. 1465a) as follows:

(A) In the section heading by striking ‘‘BROADCASTING BOARD OF

GOVERNORS’’ and inserting ‘‘UNITED STATES INTERNATIONAL

BROADCASTING AGENCY’’.

(B) In subsection (a) by striking ‘‘the ‘Board’)’’ and inserting ‘‘the ‘Agency’)’’.

(C) In subsections (a), (d), and (f) by striking ‘‘Broadcasting Board of

Governors’’ and inserting ‘‘United States International Broadcasting Agency’’.

(3) In section 4 (22 U.S.C. 1465b) as follows:

(A) In the first sentence by striking ‘‘The’’ and all that follows through

‘‘Bureau’’ and inserting: ‘‘The Board of Governors of the United States

International Broadcasting Agency shall establish within the Agency’’.

(B) In the third sentence by striking ‘‘Broadcasting Board of Governors’’

and inserting ‘‘Board of Governors of the United States International

Broadcasting Agency’’.

(C) In the fourth sentence by striking ‘‘Board of the International

Broadcasting Bureau’’ and inserting ‘‘Board of Governors of the United

States International Broadcasting Agency’’.

(4) In section 5 (22 U.S.C. 1465c) as follows:

(A) In subsection (b) by striking ‘‘Broadcasting Board of Governors’’ and

inserting ‘‘Board of Governors of the United States International Broadcasting Agency’’.

(B) By striking ‘‘Board’’ each place it appears and inserting ‘‘Advisory

Board’’.

(5) In section 6 (22 U.S.C. 1465d) as follows:

(A) In subsection (a) by striking ‘‘Broadcasting Board of Governors’’ and

inserting ‘‘United States International Broadcasting Agency’’ and by striking ‘‘Board’’ and inserting ‘‘Board of Directors of the United States International Broadcasting Agency’’.

(B) In subsection (b) by striking ‘‘Board’’ and inserting ‘‘United States

International Broadcasting Agency’’.

(6) In section 7 (22 U.S.C. 1465e) by striking ‘‘Board’’ in subsections (b) and

(d) and inserting ‘‘United States International Broadcasting Agency’’.

(7) In section 8(a) (22 U.S.C. 1465f(a)), by striking ‘‘Broadcasting Board of

Governors’’ and inserting ‘‘United States International Broadcasting Agency’’.

(d) TELEVISION BROADCASTING TO CUBA ACT.—The Television Broadcasting to

Cuba Act (22 U.S.C. 1465aa note) is amended as follows:

(1) Section 243(a) (22 U.S.C. 1465bb) is amended by striking ‘‘Broadcasting

Board of Governors’’ and inserting ‘‘United States International Broadcasting

Agency’’.

(2) Section 244 (22 U.S.C. 1465cc) is amended as follows:

13

(A) In subsection (a) by amending the third sentence to read as follows:

‘‘The Board of Governors of the United States International Broadcasting

Agency shall appoint a head of the Service who shall report directly to the

Board of Governors.’’.

(B) In subsection (b) by striking ‘‘Board’’ and inserting ‘‘United States

International Broadcasting Agency’’.

(C) In subsection (c) by striking ‘‘The Board’’ and inserting ‘‘The Agency’’ and by striking ‘‘Board determines’’ and inserting ‘‘Board of Governors

of the United States International Broadcasting Agency determines’’.

(3) In section 246 (22 U.S.C. 1465dd) by striking ‘‘United States Information Agency’’ and inserting ‘‘United States International Broadcasting Agency’’

and by striking ‘‘Board’’ and inserting ‘‘Board of Governors of the United States

International Broadcasting Agency’’.

(e) UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948.—

The United States Information and Educational Exchange Act of 1948 (22 U.S.C.

1431 et seq.) is amended—

(1) in section 505 (22 U.S.C. 1464a), by striking ‘‘Broadcasting Board of

Governors’’ each place it appears and inserting ‘‘United States International

Broadcasting Agency’’; and

(2) in section 506(c) (22 U.S.C. 1464b(c))—

(A) by striking ‘‘Broadcasting Board of Governors’’ and inserting

‘‘United States International Broadcasting Agency’’; and

(B) by striking ‘‘Board’’ and inserting ‘‘Agency’’.

(e) FOREIGN SERVICE ACT OF 1980.—The Foreign Service Act of 1980 (22 U.S.C.

3901 et seq.) is amended—

(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking ‘‘Broadcasting

Board of Governors’’ and inserting ‘‘United States International Broadcasting

Agency’’;

(2) in section 210 (22 U.S.C. 3930), by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’;

(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking ‘‘Broadcasting Board

of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’;

and

(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking ‘‘Broadcasting Board

of Governors,’’ and inserting ‘‘the United States International Broadcasting

Agency,’’.

(f) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.—The State Department

Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended—

(1) in section 23(a) (22 U.S.C. 2695(a)), by striking ‘‘Broadcasting Board of

Governors,’’ and inserting ‘‘United States International Broadcasting Agency,’’;

(2) in section 25(f) (22 U.S.C. 2697(f)—

(A) by striking ‘‘Broadcasting Board of Governors’’ and inserting

‘‘United States International Broadcasting Agency’’; and

(B) by striking ‘‘the Board and the Agency’’ and inserting ‘‘their respective agencies’’;

(3) in section 26(b) (22 U.S.C. 2698(b))—

(A) by striking ‘Broadcasting Board of Governors,’’ and inserting

‘‘United States International Broadcasting Agency’’; and

(B) by striking ‘‘the Board and the Agency’’ and inserting ‘‘their respective agencies’’; and

(4) in section 32 (22 U.S.C. 2704), by striking ‘‘Broadcasting Board of Governors’’ and inserting ‘‘United States International Broadcasting Agency’’.

(g) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5, United States Code,

is amended—

(1) by striking ‘‘Director of the International Broadcasting Bureau.’’.

(2) by adding at the end the following: ‘‘Director, United States International Broadcasting Agency.’’.

SEC. 308. REFERENCES.

Except as otherwise provided in this title or an amendment made by this title,

any reference in any statute, reorganization plan, Executive order, regulation,

agreement, determination, or other official document or proceeding to the Broadcasting Board of Governors and the International Broadcasting Bureau or any other

officer or employee of the Broadcasting Board of Governors or the International

Broadcasting Bureau shall be deemed to refer to the United States International

Broadcasting Agency or the Board of Governors of the United States International

Broadcasting Agency established under this title.

14

SEC. 309. BROADCASTING STANDARDS.

Section 303(a) of the United States International Broadcasting Act of 1994 (22

U.S.C. 6202(a)) is amended—

(1) in paragraph (6) by striking ‘‘and’’;

(2) in paragraph (8) by striking the period and inserting ‘‘; and’’; and

(3) by adding after paragraph (8) the following new paragraph:

‘‘(9) seek to ensure that resources are allocated to broadcasts directed at

people whose governments deny freedom of expression or who are otherwise in

special need of honest and professional broadcasting, commensurate with the

need for such broadcasts.’’.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—In addition to such amounts as are

otherwise authorized to be appropriated for the fiscal year 2003, there are authorized to be appropriated $135,000,000 for the fiscal year 2003 for the Broadcasting

Board of Governors to expand television and radio broadcasting to countries with

predominantly Muslim populations and to support audience development.

(b) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this Act.

SEC. 311. EFFECTIVE DATE.

Except as otherwise provided, this title and the amendments made by this title

shall take effect on the last day of the 6-month period beginning on the date of the

enactment of this Act.

PURPOSE AND SUMMARY

The purpose of this Act is to enhance in scope and substance, redirect, redefine, and reorganize United States public diplomacy.

‘‘Public diplomacy’’ is the term that has long been used to describe efforts by our government to communicate with the peoples

of other nations directly, rather than addressing such communication solely to the governments of these nations. United States public diplomacy programs include international broadcasting services

(Voice of America, Radio Free Europe/Radio Liberty, Radio Free

Asia, and Radio Marti), educational and cultural exchanges, and a

wide variety of other international information programs.

The September 11, 2001 terrorist attacks on the United States

focused our attention on the degree to which the United States

image overseas is tarnished. Much of the international press, often

including the government-owned media, daily depicts the United

States as a force for evil and accuses this country of an unceasing

number of malevolent plots against the world. The poisonous image

of the United States that is deliberately propagated around the

world undermines our foreign policy goals and endangers the safety

of Americans at home and abroad.

The sum of our public diplomacy efforts over the years has

proved to be insufficient. This legislation is an attempt to reinvigorate efforts and the commitment at the highest levels of our government to a strategically drawn and creatively crafted public diplomacy program. Title I sets forth the need for a comprehensive

and coordinated public diplomacy strategy that is developed as an

integral part of United States foreign policy. It amends the State

Department Basic Authorities Act to require that the Secretary of

State make public diplomacy an integral component in the planning and execution of U.S. foreign policy. The Secretary of State is

urged to use modern communications technology to achieve greater

reach of the United States message. This title also requires the

Secretary to establish a public diplomacy reserve corps to augment

needs during a crisis, requires an annual plan on public diplomacy

strategy, and encourages in depth training in public diplomacy and

15

the recruitment of people proficient in relevant foreign languages.

It also provides an authorization of $20 million for modernization

of communication technology and support of public diplomacy programs.

Title II is a series of initiatives for predominately Muslim countries. It sets out a variety of programs of exchange and training of

individuals from predominatley Muslim countries and requires a

data base for alumni of American and foreign participants in exchange programs.

Title III provides for a reorganization of the current Broadcasting

Board of Governors and renames it the United States International

Broadcasting Agency. The legislation retains the part time Board

as head of agency, and provides for the appointment by the Board

of a full time director. The reorganization is designed to ensure accountability by an identified decision maker while causing minimal

disruption to broadcasting operations and preserving the authorities and independence of the Board. The Board will retain operational control of grants to entities including Radio Liberty, Radio

Free Asia, and Radio Free Europe. This title also authorizes $135

million to expand television and radio broadcasting to countries

with predominately Muslim populations.

INTRODUCED: March 14, 2001

BACKGROUND AND NEED FOR THE LEGISLATION

The United States conducts the world’s only truly global foreign

policy. Embracing a broad range of subjects, from the political and

military to the economic and cultural, this effort centers on an

elaborate array of official relationships with the nearly 200 sovereign governments and scores of international organizations. This

is a complex and important undertaking with many successes to its

credit.

But something is missing. Despite the comprehensive scope of

our foreign policy, the necessary focus on relationships with governments and official organizations has led the United States to

overlook a set of powerful allies: the peoples of the world.

Uniquely among the world’s powers, the United States possesses

an extensive network of associations and shared interests with the

people of virtually every country in the world. These connections

are typically independent of any formal relationship with their governments.

These ties extend across an amalgam of cultural, economic, familiar and other links. But among the most powerful is a bond that

derives from the values America represents. At its core is the belief

that these values have universal application, that they are inherent

in individuals and peoples by right and not by the grace of governments or international organizations.

Public diplomacy—which consists of the systematic effort to communicate not only with governments but also with the people they

govern or rule over—has a central role to play in the task of making the world safer for the just interests of the United States, its

citizens, and its allies. In order for the potential of United States

public diplomacy efforts to be fully realized, however, these efforts

must be reshaped to ensure that they speak effectively and directly

16

to the peoples of the world, bypassing their governments and ruling

elites.

There are any number of good ideas on how to go about doing

this. In the country that invented Hollywood and Madison Avenue,

the most obvious source of innovation is the private sector, which

has developed elaborate techniques for understanding populations

and crafting compelling messages. Modern communications media,

from satellite television to the Internet, provide an expanding array

of channels to ever-larger segments of foreign populations. Not to

be overlooked is the public diplomacy bureaucracy itself, where valuable expertise lies underutilized and many have labored in frustration for decades.

If we are to be successful in our broader foreign policy goals,

America’s effort to engage the peoples of the world must assume

a more prominent place in the planning and execution of our foreign policy. The task of countering misinformation and propaganda

regarding the United States is a never-ending one, but we must go

about this task more aggressively and more systematically, rather

than simply reacting to crises as they occur. Responsibility for the

execution and success of this effort must be shared at all levels, beginning with the President and the Congress.

We have much to do, but we must never forget that, beyond the

islands of hatred populated by vocal enemies of America and its

values, there is an enormous reservoir of good will and that legions

of silent allies await.

HEARINGS

The Committee held two hearings. On October 10, 2001 testimony was received from Charlotte Beers, Under Secretary for Public Diplomacy and Public Affairs, U.S. Department of State; Marc

Nathanson, Chairman, Broadcasting Board of Governors; Ambassador Kenton Keith, Senior Vice President for Programming, Meridian International Center; and Norman J. Pattiz, Founder & Chairman, Westwood One, Inc., member, Broadcasting Board of Governors. The second hearing was held November 14, 2001 with testimony received from Ambassador Edward S. Walker, Jr., President,

Middle East Institute, former U.S. Ambassador to Egypt, Israel

and the United Arab Emirates and former Assistant Secretary for

Near Eastern Affairs, U.S. Department of State); John W. Leslie,

Jr., Chairman, Weber Shandwick; Robert L. Wehling, Former

Chairman, Advertising Council, Retired Global Marketing Officer,

Procter & Gamble; Mouafac Harb, Washington Bureau Chief, Al

Hayat Newspaper; John Romano, Producer/Writer.

COMMITTEE CONSIDERATION

On April 25, 2002, the Committee on International Relations

marked up the bill, H.R. 3969, pursuant to notice in open session.

The Committee adopted an amendment in the nature of a substitute and 5 other amendments, and a quorum being present

agreed by voice vote to a motion offered by Chairman Hyde to favorably report the bill as amended to the House of Representatives.

VOTES OF THE COMMITTEE

There were no recorded votes during the consideration of the bill.

17

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives , the Committee reports that the findings

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives are incorporated in the descriptive portions of this report.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House Rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, May 14, 2002.

Hon. HENRY J. HYDE, Chairman,

Committee on International Relations,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3969, the Freedom Promotion Act of 2002.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Sunita D’Monte, who can

be reached at 226–2840.

Sincerely,

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable Tom Lantos

Ranking Democratic Member

H.R. 3969—Freedom Promotion Act of 2002.

SUMMARY

The bill would enhance international broadcasting, public diplomacy, and educational and cultural exchange programs. The bill

would earmark $512 million in 2003 for public diplomacy and authorize additional appropriations of $60 million in 2002 and $200

million in 2003 for international broadcasting, educational and cultural exchange programs, improvements and modernization of public diplomacy programs, and the National Endowment for Democracy. Since there is no existing authorization for 2003, CBO treats

the earmark as an authorization of appropriations. The bill also

would increase the earmark for public diplomacy in 2002 from $270

million to $298 million.

CBO estimates that implementing H.R. 3969 would cost almost

$750 million over the 2002–2007 period, assuming the appropriation of the necessary amounts. By increasing the earmark for public diplomacy programs in 2002, CBO also estimates the bill would

require the Department of State to shift resources away from other

programs and towards public diplomacy programs. CBO estimates

18

that as a result of this reallocation, outlays for 2002 would be

slightly lower as the department reassesses its spending needs, but

that outlays in following years would be slightly higher. Absent a

detailed plan from the State Department regarding the higher earmark for 2002, CBO does not have sufficient information to provide

a specific estimate of this provision. These effects would be considered direct spending, and thus, pay-as-you-go procedures would

apply.

H.R. 3969 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and would not affect the budgets of state, local, or tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 3969 is shown in the following table. This estimate assumes the legislation will be enacted

before July 1, 2002. The estimate also assumes that the amounts

authorized for 2002 will be provided in a supplemental appropriation, and that amounts authorized for 2003 will be provided in the

annual appropriation act by the start of fiscal year 2003. For the

purposes of this estimate, CBO estimates that outlays from the

amounts authorized for 2003 would follow historical spending patterns, but that amounts authorized for 2002 would be spent slower

as a result of the late enactment date. The costs of this legislation

fall within budget function 150 (international affairs).

By fiscal year, in millions of dollars

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION 1

Spending Under Current Law for Public Diplomacy Programs:

Budget Authority 2 ...................................................... 978 0 0 0 0 0

Estimated Outlays ...................................................... 1,012 315 95 38 13 0

Proposed Changes:

Estimated Authorization Level .................................... 60 712 3333

Estimated Outlays ...................................................... 3 592 100 42 15 1

Spending For Public Diplomacy Programs Under H.R. 3969:

Estimated Authorization Level .................................... 1,038 712 3333

Estimated Outlays ...................................................... 1,012 907 195 80 28 1

1 In addition to the bill’s impact on discretionary spending, CBO estimates that H.R. 3969 would lower direct spending in

2002 and raise direct spending over the 2003–2006 period, but is unable to provide a precise estimate. We expect that the

change in such spending would be less than $20 million a year, and that there would be no significant net impact over the

2002–2006 period. 2 The 2002 level is the amount appropriated for that year.

3 Less than $500,000.

Spending Subject to Appropriation

H.R. 3969 would enhance the Department of State’s public diplomacy programs, especially those targeted at countries with predominantly Muslim populations. The bill would specifically earmark $512 million in 2003 for public diplomacy. Since there is no

existing authorization for 2003, CBO treats this earmark as an authorization of appropriations.

H.R. 3969 also would authorize additional appropriations of $60

million in 2002 and $200 million in 2003 for international broadcasting, cultural and educational exchange programs, improveVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
19

ments and modernization of public diplomacy programs, and the

National Endowment for Democracy.

H.R. 3969 also would require the Secretary of State to prepare

annual plans and several reports on public diplomacy programs.

CBO estimates that implementing these new requirements would

increase spending by less than $500,000 annually. Finally, the bill

would abolish the Broadcasting Board of Governors and the International Broadcasting Bureau, establish an independent agency for

all international broadcasting programs, and transfer all functions

and assets of the Broadcasting Board of Governors and the International Broadcasting Bureau to the new agency. CBO estimates

this provision would have no significant costs.

Assuming appropriation of the necessary amounts, CBO estimates that implementing the bill would cost less than $500,000 in

2002, $592 million in 2003, and roughly $750 million over the

2002–2007 period.

Direct Spending

The bill would earmark $298 million in 2002 for public diplomacy. Under current law, the earmark for 2002 is $270 million. Increasing that amount would require the department to alter its

spending patterns by shifting resources away from other programs

and into public diplomacy. CBO estimates that as a result of this

reallocation, outlays for 2002 would be slightly lower as the department reassesses its spending needs, but that outlays in following

years would be slightly higher. Absent a specific plan from the

State Department regarding the higher earmark for 2002, CBO

does not have sufficient information to provide a reliable estimate

of this provision. Nonetheless, we expect that changes in annual

outlays are likely to be less than $20 million a year, and that there

would be no significant net impact in total spending over the 2002–

2006 period.

PAY-AS-YOU-GO CONSIDERATIONS

The Balanced Budget and Emergency Deficit Control Act sets up

pay-as-you-go procedures for legislation affecting direct spending or

receipts. CBO estimates that H.R. 3969 would lower direct spending in 2002 and raise direct spending over the 2003–2006 period,

but is unable to provide a precise estimate. On balance, we estimate that there would be no significant net impact on outlays over

that period.

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 3969 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of

state, local, or tribal governments.

ESTIMATE PREPARED BY:

Federal Costs: Sunita D’Monte (226–2840)

Impact on State, Local, and Tribal Governments: Elyse Goldman

(225–3220)

Impact on the Private Sector: Paige Piper/Bach (226–2960)

20

ESTIMATE APPROVED BY:

Peter H. Fontaine

Deputy Assistant Director for Budget Analysis

PERFORMANCE GOALS AND OBJECTIVES

The purpose of this legislation is to designate the Secretary of

State as responsible for public diplomacy activities. It requires strategic planning and establishment of measurable objectives for public diplomacy to improve the scope, content, effectiveness, and purpose of such efforts.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 18.

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

TITLE I—UNITES STATES PUBLIC DIPLOMACY

Section 101—Findings and Purposes.

This section sets forth the importance of using public diplomacy

as a means to reach out to the people of the world. It also recognizes that public diplomacy is a significant tool for United States

foreign policy and requires a coordinated strategy for the use of

public diplomacy resources.

Section 102—Public Diplomacy Responsibilities of the Department

of State.

This section amends the State Department’s Basic Authorities

Act to provide a description of the Secretary of State’s public diplomacy responsibilities. It states that the Secretary of State shall develop a comprehensive strategy (in coordination with the U.S.

International Broadcasting Agency created by this legislation) with

measurable objectives for the use of public diplomacy resources, to

assume a prominent role in coordinating the efforts of all Federal

agencies involved in public diplomacy, and to ensure that the public diplomacy strategy of the United States is cohesive, and aggressively counters misinformation and propaganda about the United

States. The Secretary is also required each year to analyze the impact of public diplomacy efforts.

This section also requires the Secretary of State to establish a

Public Diplomacy Reserve Corps that can be called upon in times

of emergencies when additional personnel and expertise are required.

This section further requires the Secretary of State to establish

the capability for multimedia programming and distribution to take

advantage of the various modern communications techniques for

reaching mass audiences. To the extent practicable, the State Department shall utilize the facilities of the U.S. International Broadcasting Agency and shall reimburse the Agency for reasonable expenses.

Finally, this section sets forth the duties of the Under Secretary

for Public Diplomacy. The Under Secretary is given responsibility

for formation, supervision, and implementation of United States

public diplomacy policies, programs, and activities and provides

21

guidance to public diplomacy personnel. The Under Secretary shall

also submit statements of United States policy and editorial material to the International Broadcasting Agency for broadcast consideration.

New subsection 57(d)(1) of the State Department Basic Authorities Act, as added by this section, provides that the Under Secretary of State for Public Diplomacy shall provide the U.S. International Broadcasting Agency with statements of official United

States policy for broadcast by the Agency at the Agency’s discretion, and directs the Department of State to promptly review editorial material prepared for broadcast by the Agency when the

Agency requests such a review. It is the intent of the Committee

to ensure that the official policies of the United States Government

are accurately and persuasively communicated through the Agency.

The Committee in no way intends to compromise the editorial independence of the Agency, and therefore leaves all final editorial decisions to the Agency.

Subsection 102(b) requires the Secretary of State in cooperation

with the United States Agency for International Development to

ensure that information concerning foreign assistance and projects

funded by the United States government is disseminated widely

within countries and regions that receive such assistance. The

Committee recognizes that there may be instances in which such

dissemination is not practicable, such as in cases where identification of United States personnel or resources would present a security risk. The Department of State shall report to Congress 120

days after the end of each fiscal year on the efforts made to disseminate information regarding United States assistance during

the preceding fiscal year, including specific information concerning

all instances in which the United States Agency for International

Development has not identified projects as United States assistance because such identification was not practicable.

Although this section is designed to ensure the highest level of

attention by our foreign policy agencies to public diplomacy needs

and objectives, it does not provide new authority to the Secretary

of State over the programs or operations of the U.S. International

Broadcasting Agency. The role of the Board as a firewall against

political interference in the content of the broadcasts remains unchanged, as is the USIBA’s independence as a discrete Federal

agency with its own budget authority. The Secretary of State remains a member of the Board of Governors.

Section 103. Annual Plan on Public Diplomacy Strategy.

This section requires the Secretary of State, in coordination with

all appropriate Federal agencies, to prepare an annual review and

analysis of the impact of public diplomacy efforts on target audiences. On the basis of this review, the Secretary, again in coordination with appropriate Federal agencies, shall develop a plan for the

implementation of public diplomacy strategy that specifies goals,

agency responsibilities, and necessary resources for achieving such

goals. As with section 102, it is not the intent of this provision to

suggest an expansion of the Secretary of State’s authority over the

budgets, programs, or other authorities and responsibilities of other

Federal agencies. These reports will provide a consolidated picture

of the state of United States public diplomacy across the variety of

22

agencies that conduct such programs. The Committee expects that

any plans, reviews, and analyses included in these reports shall reflect the consensus views of all Federal agencies participating in

public diplomacy activities.

Section 104—Public Diplomacy Training.

The findings in this section emphasize that the Foreign Service

should recruit individuals with expertise and professional experience in public diplomacy. It also encourages the Secretary of State

to seek to increase the number of Foreign Service officers proficient

in languages spoken in predominantly Muslim countries. It is expected that such training will increase the awareness and capacity

of more foreign service officers and chiefs of mission. Thus the

quality and scope of public diplomacy programs will be enhanced.

Section 105—Report by the Advisory Commission on Public Diplomacy.

This section amends current law to require that at least 4 members of the Advisory Commission on Public Diplomacy have substantial experience in the conduct of public diplomacy or comparable private sector experience. It also requires the Commission

to report not less than every two years on public diplomacy programs, policies, and activities and the effectiveness of such activities. It is expected that the Commission will take an active and

constructive role to assess public diplomacy objectives and provide

guidance to increase the success of such programs and activities

overseas.

Section 106—Library Program.

This section requires the Secretary of State to implement a demonstration program to establish or upgrade foreign libraries to improve literacy and support public education. The purpose of the

program is to advance American values and the importance of freedom and democracy.

Section 107—Sense of Congress Concerning Public Diplomacy Efforts in Sub-Saharan Africa

This section states that there are a significant number of sub-Saharan African countries that have predominately Muslim populations and it is the sense of Congress that the Secretary should

include countries in sub-Saharan Africa with predominately Muslim populations in public diplomacy activities authorized by this

Act and the amendments made by this Act.

Section 108—Authorization of Appropriations.

This section provides that of funds authorized in the Diplomatic

and Consular programs of the Department of State, $297,759,000

in Fiscal Year 2002 and $512,000,000 in Fiscal Year 2003 are authorized to be available only for public diplomacy programs. It also

authorizes an additional $20,000,000 for Fiscal Years 2002 and

2003 for improvements and modernization of public diplomacy information programs. Of that amount, $4,000,000 is available for

Fiscal Years 2002 and 2003 for translation services at overseas

posts, and $7,500,000 is available for Fiscal Years 2002 and 2003

for the Office of Broadcast Services (within the State Department)

23

to modernize communications activities as required by section

102(c). The increased authorizations is expected to result in more

creative and expansive communications strategies to improve the

U.S. image overseas.

TITLE II—UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS

Section 201—Establishment of Initiatives for Predominately Muslim

Countries.

This section requires the Secretary to establish an initiative for

predominantly Muslim countries around the world. The programs

are: journalism training, English language teaching, sister city

partnerships, youth ambassadors, Fulbright exchange, Humphrey

fellowships, and a library sciences exchange program.

Section 202—Database of Alumni of American and Foreign Participants in Exchange Programs.

This section requires the Secretary of State to establish and

maintain a database of all participants, both United States and foreign, in exchange programs. The purpose is to encourage networking and continued communication with the alumni of United

States exchange programs.

Section 203—Report on Inclusion of Freedom and Democracy Advocates in Education and Cultural Exchange Programs.

This section requires the Secretary of State to provide a report

to Congress on the implementation of section 102 of the Human

Rights, Refugee and Other Foreign Relations Provisions Act of

1996. The purpose of the report is to provide information concerning the number of grants to conduct exchange programs with

countries whose governments deny freedom and democracy, and on

the extent to which supporters of freedom and democracy within

these countries are given opportunities to participate in United

States funded programs.

Section 204—Fulbright-Hays Authorities.

This section amends the Mutual Educational and Cultural Exchange Act of 1961 (known as the Fulbright-Hays Act) to affirm the

Bureau of Educational and Cultural Affairs’ long-standing practice

of administering programs that promote the purposes of FulbrightHays but operate under other statutory authorities.

Section 205—Supplemental Authorization of Appropriations.

This section provides an additional $35,000,000 for Fiscal Years

2002 and 2003 for educational and cultural exchange programs of

the Department of State identified in sections 201 and 202.

Section 206—Supplemental Authorization of Appropriations for the

National Endowment for Democracy.

This section provides $5,000,000 in FY 02 and $10,000,000 in FY

03 to the National Endowment for Democracy to fund programs

that promote democracy, good governance, the rule of law, independent media, religious tolerance, the rights of women, and

strengthening of civil society in countries of predominately Muslim

populations within the Middle East.

24

TITLE III—REORGANIZATION OF U.S. INTERNATIONAL BROADCASTING

Section 301—Establishment of U.S. International Broadcasting

Agency.

This section amends the United States International Broadcasting Act of 1994 to establish the U.S. International Broadcasting

Agency as an independent agency within the executive branch of

government. The Agency will be headed by a nine-member, parttime, bipartisan board, renamed the Board of Governors, appointed

by the President with the advice and consent of the Senate. The

Board shall appoint a Director of the Agency who will have designated day-to-day operational responsibilities for the Agency.

These changes will improve the lines of authority and establish

greater accountability in United States international broadcasting

operations. The new agency retains the current design of an appointed Board designated as the head of the agency. The main

changes clarify day-to-day responsibilities for broadcasting operations, establish a full-time director who is appointed by the Board

and has clear lines of authority, and make clear that there is one

broadcasting organization that is headed by the Board which exists

as an independent agency within the executive branch.

This section is designed to strengthen the Board’s ability to adopt

strategic goals and objectives for the agency and to work to ensure

that these goals and objectives remain priorities for the broadcast

entities within the agency as well as corporate grantees. The Committee is aware that the Board has recently adopted a strategic

plan designed to maximize the impact of U.S. International Broadcasting in regions vital to United States strategic interests. The

plan envisions a worldwide U.S. International Broadcasting System, creating one integrated United States programming stream

that would be intended to fulfil the missions both of VOA and of

the surrogate broadcasting services. The Committee believes that

numerous aspects of this plan have merit, but that conditions in

many countries around the world still call for the preservation of

the distinct and complementary roles of the Voice of America and

of the surrogate broadcasting services.

Section 302—Authorities and Functions of the Agency.

This section restates current law with respect to the duties and

responsibilities of the Agency.

Section 303—Role of the Secretary of State.

This section amends current law (Section 306 of the U.S. International Broadcasting Act) by deleting an out-of-date reference to

WorldNet programming and restating that the Secretary of State

shall provide such information and guidance on foreign policy and

public diplomacy issues to the agency as the Secretary considers

appropriate.

Section 304—Administrative Provisions.

This section makes certain technical, administrative and personnel changes.

25

Section 305—Broadcasting Board of Governors and International

Broadcasting Bureau.

This section abolishes the International Broadcasting Bureau

that was established in law. It has been identified as one of the

areas that has caused confusion in the management of the Agency.

In 1994, PL 103–236, the Foreign Affaris Authorization Act for

fiscal years 1994 and 1995, established the International Broadcasting Bureau within the United States Information Agency

(USIA) as part of an overall restructuring of international broadcasting. The director of the International Broadcasting Bureau

(IBB) was required to be appointed by the Chairman of the Broadcasting Board of Governors in concurrence with the other Board

members and in consultation with the Director of USIA. PL 105–

277, the Foreign Affairs Reform and Restructuring Act, Title A of

the Foreign Affairs Authorization Act for fiscal years 1998 and

1999, merged USIA into the State Department and made the IBB

Director a presidential appointee. However, since enactment of PL

105–277, there has not been a presidentially appointed Director.

Since its creation in 1994, the Broadcasting Board of Governors

employed a staff including an executive director in addition to the

IBB Director. At times this organizational structure has created

confusion about lines of authority and resulted in less than optimal

management of the broadcast services and the surrogate operations.

Therefore, this provision eliminates the requirement for the

International Broadcasting Bureau—whose authorities are subsumed by the Agency—and the Director position. Section 301 allows the Board of Governors to appoint a Director of the Agency

who will also serve as the executive director for the Board. These

changes are intended to streamline the organization, eliminate

lines of authority and improve the overall daily management of our

international broadcasting operations.

Section 306—Transition.

This is a technical provision that provides for a seamless transition from the current structure to the new Agency.

Section 307—Conforming Amendments.

This section provides technical conforming amendments to current law.

Section 308—References.

This technical provision states that any references to the previous Broadcasting Board of Governors will be deemed to mean the

U.S. International Broadcasting Agency.

Section 309—Broadcasting Standards.

This provision amends current law by adding that the Broadcasting Agency shall seek to ensure that resources are allocated to

broadcasts directed at people whose governments deny freedom of

expression or where the provision of objective news and information is necessary.

26

Section 310—Authorization of Appropriations.

This section authorizes $135,000,000 for fiscal year 2003 for the

Broadcasting Board of Governors to expand television and radio

broadcasting to countries with predominately Muslim populations

to support audience development.

This section recognizes the need to increase knowledge of the

United States and its policies, as well as access to accurate and objective news and information, in countries with predominantly

Muslim populations around the world. The $135,000,000 authorized by this section for fiscal year 2003 is in addition to amounts

otherwise authorized for international broadcasting and will permit

the development of a Middle East television capability by the U.S.

International Broadcasting Agency, as well as other enhancements

in East and South Central Asia.

The Board of Broadcasting Governors has already created a Middle East Radio Network to maximize United States broadcasting

impact in the Arab world by targeting young audiences, using new

radio formats, and transmitting the program on the AM, FM, and

satellite frequencies that are used by listeners in the region. While

this is a powerful initiative that the committee expects will build

a solid audience for unbiased news and information in the Middle

East, the committee also recognizes the untapped television market

in the region. Television is increasingly the communications medium of choice in the region, and the United States message must

be present on this medium to more effectively counterbalance the

anti-American coverage of local and regional stations. The $135 million authorized in this section is comprised of $62 million for establishment of 24 hour Arabic television service, $43

million for expansion of current service to Indonesia and to establish new service in the Malay, Tagalog, and Visaya languages, $25

million to expand radio and television in Farsi and Urdu languages, and $5 million for audience development. The $62 million for Arabic television includes $27 million in onetime start up costs to establish a Washington broadcast center,

overseas bureaus, recruit staff and acquire the equipment and

transmission capabilities. Also included is $35 million for annual

operating costs of which $10 million is for salaries and $25 million

is for operating and transmission expenses.

Pakistan, a key player in the war on terrorism, provides an example of how increased television broadcasting can enhance broadcast coverage. VOA currently broadcasts only 3 hours daily in Urdu

to that country, all on shortwave. The funding increase authorized

by this section would provide television service for Pakistani

adults, a majority of whom report having a television at home, and

provide more hours, more localized programs and AM transmission

for U.S. International Broadcasting Agency-sponsored radio programs to that country.

The Southeast Asian countries of Indonesia, Malaysia, Thailand

and the Philippines are also of critical importance to the U.S. Each

has a large Muslim population. An enhanced radio and TV regional

effort to these target countries, guided by extensive research, would

serve U.S. interests. Television in particular can leverage

listenership. VOA’s weekly audience in Indonesia more than doubled when it added a TV program in 2001. Of the amount authorized in this section $43 million will be directed to expand current

27

service to Indonesia, and to establish new service in the Malay, Tagalog, and Visaya languages. The Committee authorization recommendation also includes $25

million for expanded radio and television in the Farsi and Urdu

languages, with additional programming directed at young audiences. Daily television use in Iran is high. VOA’s weekly satellite

television program, ‘‘Roundtable with You,’’ attracts a high volume

of audience phone calls, indicating a receptive market for sound

journalistic programming. Lastly, the purpose of the $5 million for audience development is

to allow the U.S. International Broadcasting Agency to advertise

through a variety of media and sources the channels and frequencies in which it broadcasts, and the range of programming to

increase awareness of its programs.

Section 311—Effective Date.

This title becomes effective 6 months after enactment.

NEW ADVISORY COMMITTEES

H.R. 3969 does not establish or authorize any new advisory committees.

CONGRESSIONAL ACCOUNTABILITY ACT

H.R. 3969 does not apply to the legislative branch.

FEDERAL MANDATES

H.R. 3969 provides no Federal mandates.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956

* * * * * * *

TITLE I—BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) * * *

(b) UNDER SECRETARIES.—

(1) * * *

* * * * * * *

(3) UNDER SECRETARY FOR PUBLIC DIPLOMACY.—There

shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for

Public Diplomacy, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the øformation

and implementation of United States public diplomacy policies

28

and activities, including international educational and cultural

exchange programs, information, and international broadcasting.¿ formation, supervision, and implementation of United

States public diplomacy policies, programs, and activities, including the provision of guidance to Department personnel in

the United States and overseas who conduct or implement such

policies, programs, and activities. The Under Secretary for Public Diplomacy shall assist the United States Agency for International Broadcasting in presenting the policies of the United

States clearly and effectively, shall submit statements of United

States policy and editorial material to the Agency for broadcast

consideration in addition to material prepared by the Agency,

and shall ensure that editorial material created by the Agency

for broadcast is reviewed expeditiously by the Department.

* * * * * * *

ADMINISTRATIVE SERVICES

SEC. 23. (a) AGREEMENTS.—Whenever the head of any Federal

agency performing any foreign affairs functions (including, but not

limited to, the Department of State, the øBroadcasting Board of

Governors,¿ United States International Broadcasting Agency, and

the Agency for International Development) determines that administrative services performed in common by the Department of State

and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the

Secretary of State and the heads of the other agencies concerned

may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for

the transfer to and consolidation within the Department or within

one of the other agencies concerned of so much of the functions,

personnel, property, records, and funds of the Department and of

the other agencies concerned as may be necessary to enable the

performance of those administrative services on a consolidated

basis for the benefit of all agencies concerned. Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts

which will approximate the expense of providing administrative

services for the serviced agency.

* * * * * * *

SEC. 25. (a) * * *

* * * * * * *

(f) The authorities available to the Secretary of State under

this section with respect to the Department of State shall be available to the øBroadcasting Board of Governors¿ United States International Broadcasting Agency and the Administrator of the Agency

for International Development with respect to øthe Board and the

Agency¿ their respective agencies.

* * * * * * *

SEC. 26. (a) * * *

(b) The authority available to the Secretary of State under this

section shall be available to the øBroadcasting Board of GovVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
29

ernors,¿ United States International Broadcasting Agency and the

Administrator of the Agency for International Development with

respect to øthe Board and the Agency¿ their respective agencies.

* * * * * * *

SEC. 32. The Secretary of State may pay, without regard to

section 5702 of title 5, United States Code, subsistence expenses of

(1) special agents of the Department of State who are on authorized protective missions, and (2) members of the Foreign Service

and employees of the Department who are required to spend extraordinary amounts of time in travel status. The authorities available to the Secretary of State under this section with respect to the

Department of State shall be available to the øBroadcasting Board

of Governors¿ United States International Broadcasting Agency and

the Administrator of the Agency for International Development

with respect to their respective agencies, except that the authority

of clause (2) shall be available with respect to those agencies only

in the case of members of the Foreign Service and employees of the

agency who are performing security-related functions abroad.

* * * * * * *

SEC. 57. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT

OF STATE.

(a) IN GENERAL.—The Secretary of State shall make public diplomacy an integral component in the planning and execution of

United States foreign policy. The Department of State, in coordination with the United States International Broadcasting Agency,

shall develop a comprehensive strategy for the use of public diplomacy resources and assume a prominent role in coordinating the efforts of all Federal agencies involved in public diplomacy. Public diplomacy efforts shall be addressed to developed and developing

countries, to select and general audiences, and shall utilize all

available media to ensure that the foreign policy of the United

States is properly explained and understood not only by the governments of countries but also by their peoples, with the objective of enhancing support for United States foreign policy. The Secretary

shall ensure that the public diplomacy strategy of the United States

is cohesive and coherent and shall aggressively and through the

most effective mechanisms counter misinformation and propaganda

concerning the United States. The Secretary shall endeavor to articulate the importance in American foreign policy of the guiding

principles and doctrines of the United States, particularly freedom

and democracy. The Secretary, in coordination with the Board of

Governors of the United States International Broadcasting Agency,

shall develop and articulate long-term measurable objectives for

United States public diplomacy. The Secretary is authorized to

produce and distribute public diplomacy programming for distribution abroad in order to achieve public diplomacy objectives, including through satellite communication, the Internet, and other established and emerging communications technologies.

(b) INFORMATION CONCERNING UNITED STATES ASSISTANCE.—

(1) IDENTIFICATION OF ASSISTANCE.—In cooperation with

the Agency for International Development (AID) and other public and private assistance organizations and agencies, the Secretary shall ensure that information concerning foreign assistance provided by the United States Government, United States

30

nongovernmental organizations and private entities, and the

American people is disseminated widely and prominently, particularly, to the extent practicable, within countries and regions

that receive such assistance. The Secretary shall ensure that, to

the extent practicable, projects funded by the Agency for International Development (AID) that do not involve commodities,

including projects implemented by private voluntary organizations, are identified as being supported by the United States of

America, as American Aid or provided by the American people.

(2) REPORT TO CONGRESS.—Not later than 120 days after

the end of each fiscal year, the Secretary shall submit a report

to the Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate on efforts to disseminate information concerning assistance described in paragraph (1) during the preceding fiscal

year. Each such report shall include specific information concerning all instances in which the Agency for International Development has not identified projects in the manner prescribed

in paragraph (1) because such indentification was not practicable. Any such report shall be submitted in unclassified form,

but may include a classified appendix.

(c) AUTHORITY.— Subject to the availability of appropriations,

the Secretary may contract with and compensate government and

private agencies or persons for property and services to carry out

this section.

* * * * * * *

UNITED STATES INFORMATION AND EDUCATIONAL

EXCHANGE ACT OF 1948

* * * * * * *

TITLE V—DISSEMINATING INFORMATION ABOUT THE

UNITED STATES ABROAD

* * * * * * *

USIA SATELLITE AND TELEVISION

SEC. 505. (a) IN GENERAL.—The øBroadcasting Board of Governors¿ United States International Broadcasting Agency is authorized to lease or otherwise acquire time on commercial or United

States Government satellites for the purpose of transmitting materials and programs to posts and other users abroad.

(b) BROADCAST PRINCIPLES.—The Congress finds that the longterm interests of the United States are served by communicating

directly with the peoples of the world by television. To be effective,

the øBroadcasting Board of Governors¿ United States International

Broadcasting Agency must win the attention and respect of viewers. These principles will therefore govern the television broadcasts

of the United States International Television Service:

(1) * * *

* * * * * * *

(c) PROGRAMS.—The øBroadcasting Board of Governors¿

United States International Broadcasting Agency is authorized to

31

produce, acquire, or broadcast television programs, via satellite,

only if such programs— (1) * * *

* * * * * * *

(d) COSTS.—When a comparable program produced by United

States public or commercial broadcasters and producers is available

at a cost which is equal to or less than the cost of production by

the United States International Television Service, the øBroadcasting Board of Governors¿ United States International Broadcasting Agency shall use such materials in preference to the United

States International Television Service produced materials.

(e) ALLOCATION OF FUNDS.—(1) Of the funds authorized to be

appropriated to the øBroadcasting Board of Governors¿ United

States International Broadcasting Agency not more than

$12,000,000 for the fiscal year 1990 and not more than $12,480,000

for the fiscal year 1991 may be obligated or expended for the

United States International Television Service.

(2) The øBroadcasting Board of Governors¿ United States

International Broadcasting Agency shall prepare and submit to the

Congress quarterly reports which contain a detailed explanation of

expenditures for USIA–TV during the fiscal years 1990 and 1991.

Such reports shall contain specific justification and supporting information pertaining to all programs, particularly those described

in subsection (c)(4), that were produced in-house by USIA–TV.

Each such report shall include a statement by the øBroadcasting

Board of Governors¿ United States International Broadcasting

Agency that, according to the best information available to the

øBroadcasting Board of Governors¿ United States International

Broadcasting Agency, no comparable United States commerciallyproduced or public television program is available at a cost which

is equal to or less than the cost of production by USIA–TV.

(3) Of the funds authorized to be appropriated to the øBroadcasting Board of Governors¿ United States International Broadcasting Agency, $1,500,000 for the fiscal year 1990 and $1,500,000

for the fiscal year 1991 shall be available only for the purchase or

use of programs produced with grants from the Corporation for

Public Broadcasting or produced by United States public broadcasters.

VOICE OF AMERICA HIRING PRACTICES

SEC. 506. (a) * * *

* * * * * * *

(c) REPORT.—If the øBroadcasting Board of Governors¿ United

States International Broadcasting Agency determines that the prohibition under subsection (a) would require the termination of a

specific Voice of America foreign language service, then, not less

than 90 days before the øBoard¿ Agency begins to recruit such candidates, the Board shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the

House of Representatives a report concerning—

(1) * * *

* * * * * * *

32

TITLE VI—ADVISORY COMMISSIONS TO FORMULATE

POLICIES

* * * * * * *

SEC. 604. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

(a) ESTABLISHMENT.—(1) * * *

(2) The Commission shall consist of seven members appointed

by the President, by and with the advice and consent of the Senate.

The members of the Commission shall represent the public interest

and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor, business, and professional backgrounds. Not more than four members

shall be from any one political party. At least 4 members shall have

substantial experience in the conduct of public diplomacy or comparable activities in the private sector. No member shall be an officer or employee of the United States.

* * * * * * *

(c) DUTIES AND RESPONSIBILITIES.—(1) * * *

ø(2) The Commission shall submit to the Congress, the President, the Secretary of State, and the Director of the United States

Information Agency annual reports on programs and activities carried out by the Agency, including appraisals, where feasible, as to

the effectiveness of the several programs. The Commission shall

also include in such reports such recommendations as shall have

been made by the Commission to the Director for effectuating the

purposes of the Agency, and the action taken to carry out such recommendations.¿

(2)(A) Not less often than every two years, the Commission shall

undertake an indepth review of United Sttes public diplomacy programs, policies, and activities. Each study shall assess the effectiveness of the various mechanisms of United States public diplomacy,

in light of factors including public and media attitudes around the

world toward the United States, Americans, and United States foreign policy, and make appropriate recommendations.

(B) A comprehensive report of each study under subparagraph

(A) shall be submitted to the Secretary of State and the appropriate

congressional committees. At the discretion of the Commission, any

report under this subsection may be submitted in classified form or

with a classified appendix.

* * * * * * *

SECTION 112 OF THE MUTUAL EDUCATIONAL AND

CULTURAL EXCHANGE ACT OF 1961

SEC. 112. (a) * * *

* * * * * * *

(d) The Bureau shall administer no programs except those øoperating under the authority of this Act and consistent with¿ which

operate under the authority of this Act or promote its purposes.

* * * * * * *

33

UNITED STATES INTERNATIONAL BROADCASTING ACT

OF 1994

* * * * * * *

TITLE III—UNITED STATES INTERNATIONAL

BROADCASTING ACT

* * * * * * *

SEC. 303. STANDARDS AND PRINCIPLES.

(a) BROADCASTING STANDARDS.—United States international

broadcasting shall—

(1) * * *

* * * * * * *

(6) be based on reliable information about its potential audience; øand¿

* * * * * * *

(8) promote respect for human rights, including freedom of

religionø.¿; and

(9) seek to ensure that resources are allocated to broadcasts

directed at people whose governments deny freedom of expression or who are otherwise in special need of honest and professional broadcasting, commensurate with the need for such

broadcasts.

* * * * * * *

øSEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

ø(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—

ø(1) IN GENERAL.—The Broadcasting Board of Governors

shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United

States Code.

ø(2) RETENTION OF EXISTING BOARD MEMBERS.—The members of the Broadcasting Board of Governors appointed by the

President pursuant to subsection (b)(1)(A) before the effective

date of title XIII of the Foreign Affairs Agencies Consolidation

Act of 1998 and holding office as of that date may serve the

remainder of their terms of office without reappointment.

ø(3) INSPECTOR GENERAL AUTHORITIES.—

ø(A) IN GENERAL.—The Inspector General of the Department of State and the Foreign Service shall exercise

the same authorities with respect to the Broadcasting

Board of Governors and the International Broadcasting

Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign

Service Act of 1980 with respect to the Department of

State.

ø(B) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title

and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.

ø(b) COMPOSITION OF THE BOARD.—

ø(1) The Board shall consist of 9 members, as follows:

34

ø(A) 8 voting members who shall be appointed by the

President, by and with the advice and consent of the Senate.

ø(B) The Secretary of State who shall also be a voting

member.

ø(2) The President shall appoint one member (other than

the Secretary of State) as Chairman of the Board, subject to

the advice and consent of the Senate.

ø(3) Exclusive of the Secretary of State, not more than 4

of the members of the Board appointed by the President shall

be of the same political party.

ø(c) 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 Director’s term of

service. Of the other 8 voting members, the initial terms of office

of two members shall be one year, and the initial terms of office

of 3 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. Any member

whose term has expired may serve until a successor has been appointed and qualified. When there is no Secretary of State, the Acting Secretary of State shall serve as a member of the Board until

a Director is appointed.

ø(d) SELECTION OF BOARD.—Members of the Board appointed

by the President shall be citizens of the United tates who are not

regular full-time employees of the United States Government. Such

members shall be selected by the President from among Americans

distinguished in the fields of mass communications, print, broadcast media, or foreign affairs.

ø(e) 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, as authorized by law (5

U.S.C. 5703) for persons in the Government service employed intermittently. The Secretary of State shall not be entitled to any compensation under this title, but may be allowed travel expenses as

provided under this subsection.

ø(f) DECISIONS.—Decisions of the Board shall be made by majority vote, a quorum being present. A quorum shall consist of 5

members.

ø(g) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any

other provision of law, any and all limitations on liability that

apply to the members of the Broadcasting Board of Governors also

shall apply to such members when acting in their capacities as

members of the boards of directors of RFE/RL, Incorporated and

Radio Free Asia.

35

øSEC. 305. AUTHORITIES OF THE BOARD.

ø(a) AUTHORITIES.—The Board shall have the following authorities:

ø(1) To supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act,, the

Television Broadcasting to Cuba Act, and Worldnet Television,

except as provided in section 306(b).

ø(2) To review and evaluate the mission and operation of,

and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign policy objectives of the United States.

ø(3) To ensure that United States international broadcasting is conducted in accordance with the standards and

principles contained in section 303.

ø(4) To review, evaluate, and determine, at least annually,,

after consultation with the Secretary of State, the addition or

deletion of language services.

ø(5) To make and supervise grants for broadcasting and

related activities in accordance with sections 308 and 309.

ø(6) To allocate funds appropriated for international broadcasting activities among the various elements of the International Broadcasting Bureau and grantees, subject to the limitations in sections 308 and 309 and subject to reprogramming

notification requirements in law for the reallocation of funds.

ø(7) To review engineering activities to ensure that all

broadcasting elements receive the highest quality and cost-effective delivery services.

ø(8) To undertake such studies as may be necessary to

identify areas in which broadcasting activities under its authority could be made more efficient and economical.

ø(9) To submit to the President and the Congress an annual report which summarizes and evaluates activities under

this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. Each annual report shall

place special emphasis on the assessment described in paragraph (2).

ø(10) To the extent considered necessary to carry out the

functions of the Board, procure supplies, services, and other

personal property.

ø(11) 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.

ø(12) To obligate and expend, for official reception and representation expenses, such amount as may be made available

through appropriations (which for each of the fiscal years 1998

and 1999 may not exceed the amount made available to the

Board and the International Broadcasting Bureau for such purposes for fiscal year 1997).

ø(13) To make available in the annual report required by

paragraph (9) information on funds expended on administrative and managerial services by the Bureau and by grantees

36

and the steps the Board has taken to reduce unnecessary overhead costs for each of the broadcasting services.

ø(14) The Board may provide for the use of United States

Government transmitter capacity for relay of Radio Free Asia.

ø(15)(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

title 5, United States Code.

ø(B) To allow those 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.

ø(16) To procure, pursuant to section 1535 of title 31,

United States Code (commonly known as the ‘Economy Act’),

such goods and services from other departments or agencies for

the Board and the International Broadcasting Bureau as the

Board determines are appropriate.

ø(17) 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, 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 in carrying out the provisions and purposes of this title.

ø(18) 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 Bureau, or the Board before the effective date of

title XIII of the Foreign Affairs Consolidation Act of 1998 for

carrying out the broadcasting activities covered by this title.

ø(b) DELEGATION OF AUTHORITY.—The Board may delegate to

the Director of the International Broadcasting Bureau, or any other

officer or employee of the United States, to the extent the Board

determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4),

(5), (6), (9), or (11) of subsection (a).

ø(c) BROADCASTING BUDGETS.—The Director of the Bureau and

the grantees identified in sections 308 and 309 shall submit proposed budgets to the Board. The Board shall forward its recommendations concerning the proposed budget for the Board and

broadcasting activities under this title, the Radio Broadcasting to

Cuba Act, and the Television Broadcasting to Cuba Act to the Office of Management and Budget.

ø(d) PROFESSIONAL INDEPENDENCE OF BROADCASTERS.—The

Secretary of State and the Board, in carrying out their functions,

shall respect the professional independence and integrity of the

International Broadcasting Bureau, its broadcasting services, and

the grantees of the Board.

ø(e) TECHNICAL AMENDMENT.—

37

ø(1) Section 4 of the Radio Broadcasting to Cuba Act (22

U.S.C. 1465b) is amended by striking ‘‘and the Associate Director for Broadcasting of the United States Information Agency’’

and inserting ‘‘of the Voice of America’’.

ø(2) Section 5(b) of the Radio Broadcasting to Cuba Act (22

U.S.C.1465c(b)) is amended by striking ‘‘Director and Associate

Director for Broadcasting of the United States Information

Agency’’ and inserting ‘‘Broadcasting Board of Governors’’.

øSEC. 306. ROLE OF THE SECRETARY OF STATE.

ø(a) FOREIGN POLICY GUIDANCE.—To assist the Board in carrying out its functions, the Secretary of State shall provide information and guidance on foreign policy issues to the Board, as the

Secretary may deem appropriate.

ø(b) CERTAIN WORLDNET PROGRAMMING.—The Secretary of

State is authorized to use Worldnet broadcasts for the purposes of

continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.

øSEC. 307. INTERNATIONAL BROADCASTING BUREAU.

ø(a) ESTABLISHMENT.—There is hereby established an International Broadcasting Bureau under the Board (hereafter in this

title referred to as the ‘‘Bureau’’), to carry out all nonmilitary international broadcasting activities supported by the United States

Government other than those described in sections 308 and 309.

ø(b) SELECTION OF THE DIRECTOR OF THE BUREAU.—The Director of the Bureau shall be appointed by the President, by and with

the advice and consent of the Senate. The Director of the Bureau

shall be entitled to receive compensation at the rate prescribed by

law for level IV of the Executive Schedule.

ø(c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall

organize and chair a coordinating committee to examine and make

recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations

functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free

Asia, RFE/RL, Incorporated, the Broadcasting Board of Governors,

and, as appropriate, the Office of Cuba Broadcasting, the Voice of

America, and Worldnet.¿

SEC. 304. ESTABLISHMENT OF UNITED STATES INTERNATIONAL

BROADCASTING AGENCY.

(a) ESTABLISHMENT.—There is established as an independent

agency in the executive branch the United States International

Broadcasting Agency (hereinafter in this Act referred to as the

‘‘Agency’’).

(b) BOARD OF GOVERNORS OF THE AGENCY.—

(1) HEAD OF AGENCY.—The Agency shall be headed by the

Board of Governors of the United States International Broadcasting Agency (hereinafter in this Act referred to as the ‘‘Board

of Governors’’).

38

(2) AUTHORITIES AND FUNCTIONS.—The Board of Goverors

shall—

(A) carry out the authorities and functions of the Agency under section 305; and

(B) be responsible for the exercise of all authorities and

powers and the discharge of all duties and functions of the

Agency.

(3) COMPOSITION OF THE BOARD OF GOVERNORS.—

(A) The Board of Governors shall consist of 9 members,

as follows:

(i) Eight voting members who shall be appointed

by the President, by and with the advice and consent

of the Senate.

(ii) The Secretary of State who shall also be a voting member.

(B) The President shall appoint one member (other

than the Secretary of State) as Chair of the Board of Governors, subject to the advice and consent of the Senate.

(C) Exclusive of the Secretary of State, not more than

4 of the members of the Board of Governors appointed by

the President shall be of the same political party.

(4) TERM OF OFFICE.—The term of office of each member of

the Board of Governors shall be three years, except that the Secretary of State shall remain a member of the Board of Governors during the Secretary’s term of service. 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. Any member whose term

has expired may serve until a successor has been appointed and

qualified. 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.

(5) SELECTION OF BOARD OF GOVERNORS.—Members of the

Board of Governors appointed by the President 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 Americans distinguished in the

fields of mass communications, print, broadcast media, or foreign affairs.

(6) COMPENSATION.—Members of the Board of Governors,

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, as authorized by law for persons in the Government service employed intermittently. The Secretary of State

shall not be entitled to any compensation under this title, but

may be allowed travel expenses as provided under this subsection.

39

(7) DECISIONS.—Decisions of the Board of Governors shall

be made by majority vote, a quorum being present. A quorum

shall consist of 5 members.

(8) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any

other provision of law, any and all limitations on liability that

apply to the members of the Board of Governors also shall

apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated and

Radio Free Asia.

(c) DIRECTOR.— (1) APPOINTMENT.—The Board of Governors shall appoint

a Director of the Agency. The Director shall receive basic pay

at the rate payable for level IV of the Executive Schedule under

section 5313 of title 5, United States Code. The Director may be

removed through a majority vote of the Board.

(2) FUNCTIONS AND DUTIES.—The Director shall have the

following functions and duties:

(A) To exercise the authorities delegated by the Board

of Governors pursuant to section 305(b).

(B) To carry out all broadcasting activities conducted

pursuant to this title, the Radio Broadcasting to Cuba Act,

and the Television Broadcasting to Cuba Act.

(C) To examine and make recommendations to the

Board of Governors on long-term strategies for the future of

international broadcasting, including the use of new technologies.

(D) To review engineering activities to ensure that all

broadcasting elements receive the highest quality and costeffective delivery services.

(E) To procure supplies, services, and other personal

property to carry out the functions of the Agency.

(F) To obligate and expend, for official reception and

representation expenses, such amounts as may be made

available through appropriations.

(G) To provide for the use of United States Government

transmitter capacity for relay of broadcasting by grantees.

(H) 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 title 5, United States Code.

(I) To procure for the Agency, pursuant to section 1535

of title 31, United States Code goods and services from

other departments or agencies.

(J) To the extent funds are available, to lease space

and acquire personal property for the Agency.

(d) INSPECTOR GENERAL AUTHORITIES.—

(1) IN GENERAL.—The Inspector General of the Department

of State shall exercise the same authorities with respect to the

Agency as the Inspector General exercises under the Inspector

General Act of 1978 and section 209 of the Foreign Service Act

of 1980 with respect to the Department of State.

(2) RESPECT FOR JOURNALISTIC INTEGRITY OF BROADCASTERS.—The Inspector General of the Department of State

40

and the Foreign Service shall respect the journalistic integrity

of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the

content of broadcasts.

SEC. 305. AUTHORITIES AND FUNCTIONS OF THE AGENCY.

(a) The Agency shall have the following authorities and functions:

(1) To supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, and the

Television Broadcasting to Cuba Act.

(2) To review and evaluate the mission and operation of,

and to assess the quality, effectiveness, and professional integrity of, all such activities within the context of the broad foreign

policy objectives of the United States and the guiding principles

and doctrines of the United States, particularly freedom and

democracy.

(3) To develop strategic goals after reviewing human rights

reporting and other reliable assessments to assist in determining programming and resource allocation.

(4) To ensure that United States international broadcasting

is conducted in accordance with the standards and principles

contained in section 303.

(5) To review, evaluate, and determine, at least annually,

after consultation with the Secretary of State, the addition or

deletion of language services.

(6) To make and supervise grants for broadcasting and related activities in accordance with sections 308 and 309.

(7) To allocate funds appropriated for international broadcasting activities among the various elements of the Agency and

grantees, subject to the limitations in sections 308 and 309 and

subject to reprogramming notification requirements in law for

the reallocation of funds.

(8) To undertake such studies as may be necessary to identify areas in which broadcasting activities under its authority

could be made more efficient and economical.

(9) To submit to the President and the Congress an annual

report which summarizes and evaluates activities under this

title, the Radio Broadcasting to Cuba Act, and the Television

Broadcasting to Cuba Act, placing special emphasis on the assessment described in paragraph (2).

(10) To make available in the annual report required by

paragraph (9) information on funds expended on administrative

and managerial services by the Agency and by grantees and the

steps the Agency has taken to reduce unnecessary overhead costs

for each of the broadcasting services.

(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, 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 Director considers necessary in

carrying out the provisions and purposes of this title.

(12) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had

41

been available to the Director of the United States Information

Agency, the Bureau, or the Board before the effective date of

title XIII of the Foreign Affairs Consolidation Act of 1998 for

carrying out the broadcasting activities covered by this title.

(b) DELEGATION OF AUTHORITY.—The Board of Governors may

delegate to the Director of the Agency, or any other officer or employee of the United States, the authorities provided in this section,

except those authorities provided in paragraph (1), (2), (4), (5), (6),

(7), or (9) of subsection (a).

(c) BROADCASTING BUDGETS.—Director and the grantees identified in sections 308 and 309 shall submit proposed budgets to the

Board. The Board shall forward its recommendations concerning

the proposed budget for the Board and broadcasting activities under

this title, the Radio Broadcasting to Cuba Act, and the Television

Broadcasting to Cuba Act to the Office of Management and Budget.

SEC. 306. ROLE OF THE SECRETARY OF STATE.

To assist the Agency in carrying out its functions, the Secretary

of State shall provide such information and guidance on foreign

policy and public diplomacy issues to the Agency as the Secretary

considers appropriate.

SEC. 307. ADMINISTRATIVE PROVISIONS.

(a) OFFICERS AND EMPLOYEES.—The Board of Governors may

appoint and fix the compensation of such officers and employees as

may be necessary to carry out the functions of the Agency. Except

as otherwise provided by law, such officers and employees shall be

appointed in accordance with the civil service laws and their compensation shall be fixed in accordance with title 5, United States

Code.

(b) EXPERTS AND CONSULTANTS.—The Board of Governors, as

may be provided in appropriation Acts, may obtain the services of

experts and consultants in accordance with section 3109 of title 5,

United States Code, and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for level IV of

the Executive Schedule under section 5315 of title 5, United States

Code.

(c) ACCEPTANCE OF VOLUNTARY SERVICES.—

(1) IN GENERAL.—Notwithstanding section 1342 of title 31,

United States Code, the Board of Governors may accept, subject

to regulations issued by the Office of Personnel Management,

voluntary services if such services—

(A) are to be uncompensated; and

(B) are not used to displace any employee.

(2) TREATMENT.—Any individual who provides voluntary

services under this section shall not be considered a Federal

employee for any purpose other than for purposes of chapter 81

of title 5, United States Code (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States

Code (relating to tort claims).

(d) DELEGATION.—Except as otherwise provided in this Act, the

Board of Governors may delegate any function to the Director and

such other officers and employees of the Agency as the Board of Governors may designate, and may authorize such successive redelegations of such functions within the Agency as may be necessary or appropriate.

42

(e) CONTRACTS.— (1) IN GENERAL.—Subject to the Federal Property and Administrative Services Act of 1949 and other applicable Federal

law, the Board of Governors may make, enter into, and perform

such contracts, grants, leases, cooperative agreements, and other

similar transactions with Federal or other public agencies (including State and local governments) and private organizations

and persons, and to make such payments, by way of advance

or reimbursement, as the Board of Governors may determine

necessary or appropriate to carry out functions of the Board of

Governors or the Agency.

(2) APPROPRIATION AUTHORITY REQUIRED.—No authority to

enter into contracts or to make payments under this title shall

be effective except to such extent or in such amounts as are provided in advance under appropriation Acts.

(f) REGULATIONS.—The Director may prescribe such rules and

regulations as the Board of Governors considers necessary or appropriate to administer and manage the functions of the Agency, in accordance with chapter 5 of title 5, United States Code.

(g) SEAL.—The Director shall cause a seal of office to be made

for the Agency of such design as the Board of Governors shall approve. Judicial notice shall be taken of such seal.

SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO

LIBERTY.

(a) BOARD OF RFE/RL, INCORPORATED.—øThe Board¿ The

Agency may not make any grant to RFE/RL, Incorporated, unless

the certificate of incorporation of RFE/RL, Incorporated, has been

amended to provide that—

(1) the Board of Directors of RFE/RL, Incorporated, shall

consist of the members of the øBroadcasting Board of Governors¿ Board Governors of the International Broadcasting

Agency established under section 304 and of no other members;

and

* * * * * * *

(b) LOCATION OF PRINCIPAL PLACE OF BUSINESS.—

ø(1)¿ The øBoard¿ Agency may not make any grant to

RFE/RL, Incorporated unless the headquarters of RFE/RL, Incorporated and its senior administrative and managerial staff

are in a location which ensures economy, operational effectiveness, and accountability to the øBoard¿ Agency.

ø(2) Not later than 90 days after confirmation of all members of the Board, the Board shall provide a report to Congress

on the number of administrative, managerial, and technical

staff of RFE/RL, Incorporated who will be located within the

metropolitan area of Washington, D.C., and the number of employees whose principal place of business will be located outside the metropolitan area of Washington, D.C.¿

(c) LIMITATION ON GRANT AMOUNTS.—The total amount of

grants made by the øBoard¿ Agency for the operating costs of

Radio Free Europe and Radio Liberty may not exceed $75,000,000

for any fiscal year after fiscal year 1995.

(d) ALTERNATIVE GRANTEE.—If the øBoard¿ Agency determines

at any time that RFE/RL, Incorporated, is not carrying out the

functions described in section 309 in an effective and economical

43

manner, the øBoard¿ Agency may award the grant to carry out

such functions to another entity after soliciting and considering applications from eligible entities in such manner and accompanied

by such information as the øBoard¿ Agency may reasonably require.

* * * * * * *

(g) GRANT AGREEMENT.—Grants to RFE/RL, Incorporated, by

the øBoard¿ Agency shall only be made in compliance with a grant

agreement. The grant agreement shall establish guidelines for such

grants. The grant agreement shall include the following

provisions—

(1) that a grant be used only for activities which the

øBoard¿ Agency determines are consistent with the purposes of

subsection (f);

* * * * * * *

(3) that failure to comply with the requirements of this

section may result in suspension or termination of a grant

without further obligation by the øBoard¿ Agency or the

United States;

(4) that duplication of language services and technical operations between RFE/RL, Incorporated and the øInternational

Broadcasting Bureau¿ Agency be reduced to the extent appropriate, as determined by the øBoard¿ Agency; and

(5) that RFE/RL, Incorporated, justify in detail each proposed expenditure of grant funds, and that such funds may not

be used for any other purpose unless the øBoard¿ Agency gives

its prior written approval.

(h) PROHIBITED USES OF GRANT FUNDS.—No grant funds provided under this section may be used for the following purposes:

(1) * * *

* * * * * * *

(5) To compensate freelance contractors without the approval of the øBoard¿ Agency.

(i) REPORT ON MANAGEMENT PRACTICES.—(1) Effective not later

than March 31 and September 30 of each calendar year, the Inspector General of the Department of State øand the Foreign Service¿ shall submit to the øBoard¿ Agency and the Congress a report

on management practices of RFE/RL, Incorporated, under this section. The Inspector General of the Department of State øand the

Foreign Service¿ shall establish a special unit within the Inspector

General’s office to monitor and audit the activities of RFE/RL, Incorporated, and shall provide for on-site monitoring of such activities.

(j) AUDIT AUTHORITY.—

(1) * * *

* * * * * * *

(3) Notwithstanding any other provision of law and upon

repeal of the Board for International Broadcasting Act, the Inspector General of the Department of State øand the Foreign

Service¿ is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to RFE/RL, Incorporated.

44

SEC. 309. RADIO FREE ASIA.

(a) * * *

* * * * * * *

(c) GRANT AGREEMENT.—Any grant agreement or grants under

this section shall be subject to the following limitations and restrictions:

(1) The øBoard¿ Agency may not make any grant to Radio

Free Asia unless the headquarters of Radio Free Asia and its

senior administrative and managerial staff are in a location

which ensures economy, operational effectiveness, and accountability to the øBoard¿ Agency.

* * * * * * *

ø(e) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE

ASIA.—Not later than 3 years after the date on which initial funding is provided for the purpose of operating Radio Free Asia, the

Board shall submit to the appropriate congressional committees a

report on—

ø(1) whether Radio Free Asia is technically sound and

cost-effective,

ø(2) whether Radio Free Asia consistently meets the standards for quality and objectivity established by this title,

ø(3) whether Radio Free Asia is received by a sufficient audience to warrant its continuation,

ø(4) the extent to which such broadcasting is already being

received by the target audience from other credible sources;

and

ø(5) the extent to which the interests of the United States

are being served by maintaining broadcasting of Radio Free

Asia.¿

(f) SUNSET PROVISION.—The øBoard¿ Agency may not make

any grant for the purpose of operating Radio Free Asia after September 30, 2009.

(g) NOTIFICATION AND CONSULTATION REGARDING DISPLACE- MENT OF VOICE OF AMERICA BROADCASTING.—The øBoard¿ Agency

shall notify the appropriate congressional committees before entering into any agreements for the utilization of Voice of America

transmitters, equipment, or other resources that will significantly

reduce the broadcasting activities of the Voice of America in Asia

or any other region in order to accommodate the broadcasting activities of Radio Free Asia. The øChairman of the Board¿ Agency

shall consult with such committees on the impact of any such reduction in Voice of America broadcasting activities.

* * * * * * *

øSEC. 311. PRESERVATION OF AMERICAN JOBS.

øIt is the sense of the Congress that the Director of the United

States Information Agency and the Chairman of the Board for

International Broadcasting should, in developing the plan for consolidation and reorganization of overseas international broadcasting services, limit, to the maximum extent feasible, consistent

with the purposes of the consolidation, elimination of any United

States-based positions and should affirmatively seek to transfer as

many positions as possible to the United States.¿

* * * * * * *

45

SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS.—

Notwithstanding any other provision of law, for the fiscal year 1994

and for each subsequent fiscal year, any funds appropriated for the

purposes of broadcasting subject to the direction and supervision of

the øBoard¿ Agency shall not be available for obligation or

expenditure—

(1) * * *

* * * * * * *

SEC. 314. DEFINITIONS.

For the purposes of this title—

(1) * * *

ø(2) the term ‘‘RFE/RL, Incorporated’’ includes—

ø(A) the corporation having the corporate title described in section 307(b)(3); and

ø(B) any alternative grantee described in section

307(e); and¿

* * * * * * *

øSEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.

ø(a) VOICE OF AMERICA BROADCASTS.—Section 503 of the

United States Information and Educational Exchange Act of 1948

(22 U.S.C. 1463) is repealed.

ø(b) ISRAEL RELAY STATION.—Section 301(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is repealed.

ø(c) BOARD FOR INTERNATIONAL BROADCASTING ACT.—Section

4(a)(1) of the Board for International Broadcasting Act of 1973 is

amended to read as follows:

ø‘‘(1) to make grants to RFE/RL, Incorporated and,

until September 30, 1995, to make grants to entities established in the privatization of certain functions of RFE/RL,

Incorporated in order to carry out the purposes set forth

in section 2 of this Act;’’. ø(d) RELOCATION COSTS.—Notwithstanding any other provision

of law, funds derived from the sale of real property assets of RFE/

RL in Munich, Germany, may be retained, obligated, and expended

to meet one-time costs associated with the consolidation of United

States Government broadcasting activities in accordance with this

title, including the costs of relocating RFE/RL offices and operations.¿

* * * * * * *

SECTION 107 OF THE CUBAN LIBERTY AND

DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996

SEC. 107. TELEVISION BROADCASTING TO CUBA.

(a) CONVERSION TO UHF.—The Director of the øInternational

Broadcasting Bureau¿ United States International Broadcasting

Agency shall implement a conversion of television broadcasting to

Cuba under the Television Marti Service to ultra high frequency

(UHF) broadcasting.

46

(b) PERIODIC REPORTS.—Not later than 45 days after the date

of the enactment of this Act, and every three months thereafter

until the conversion described in subsection (a) is fully implemented, the Director of the øInternational Broadcasting Bureau¿

United States International Broadcasting Agency shall submit a report to the appropriate congressional committees on the progress

made in carrying out subsection (a).

* * * * * * *

RADIO BROADCASTING TO CUBA ACT

* * * * * * *

ADDITIONAL FUNCTIONS OF THE øBROADCASTING BOARD OF

GOVERNORS¿ UNITED STATES INTERNATIONAL BROADCASTING AGENCY

SEC. 3. (a) In order to carry out the objectives set forth in section 2, the øBroadcasting Board of Governors¿ United States International Broadcasting Agency (hereafter in this Act referred to as

øthe ‘‘Board’’)¿ the ‘‘Agency’’) shall provide for the open communication of information and ideas through the use of radio broadcasting

to Cuba. Radio broadcasting to Cuba shall serve as a consistently

reliable and authoritative source of accurate, objective, and comprehensive news.

* * * * * * *

(d) Notwithstanding subsection (c), in the event that broadcasts to Cuba on the 1180 AM frequency are subject to jamming

or interference greater by 25 per centum or more than the average

daily jamming or interference in the twelve months preceding September 1, 1983, the øBroadcasting Board of Governors¿ United

States International Broadcasting Agency may lease time on commercial or noncommercial educational AM band radio broadcasting

stations. The Federal Communications Commission shall determine

levels of jamming and interference by conducting regular monitoring of the 1180 AM frequency. In the event that more than two

hours a day of time is leased, not less than 30 per centum of the

programing broadcast shall be regular Voice of America broadcasts

with particular emphasis on news and programs meeting the requirements of section 503(2) of Public Law 80–402.

* * * * * * *

(f) In the event broadcasting facilities located at Marathon,

Florida, are rendered inoperable by natural disaster or by unlawful

destruction, the øBroadcasting Board of Governors¿ United States

International Broadcasting Agency may, for the period in which the

facilities are inoperable but not to exceed one hundred and fifty

days, use other United States Government-owned transmission facilities for Voice of America broadcasts to Cuba authorized by this

Act.

CUBA SERVICE OF THE VOICE OF AMERICA

SEC. 4. øThe Broadcasting Board of Governors shall establish

within the International Broadcasting Bureau¿ The Board of Governors of the United States International Broadcasting Agency shall

establish within the Agency a Cuba Service (hereafter in this secVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
47

tion referred to as the ‘‘Service’’). The Service shall be responsible

for all radio broadcasts to Cuba authorized by section 3. The

øBroadcasting Board of Governors¿ Board of Governors of the

United States International Broadcasting Agency shall appoint a

head of the Service and shall employ such staff as the head of the

Service may need to carry out his duties. The Cuba Service shall

be administered separately from other Voice of America functions

and the head of the Cuba Service shall report directly to the

øBoard of the International Broadcasting Bureau¿ Board of Governors of the United States International Broadcasting Agency.

ADVISORY BOARD FOR CUBA BROADCASTING

SEC. 5. (a) There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this division referred to as the ‘‘Advisory Board’’). The Advisory Board shall consist of nine members, appointed by the President by and with the

advice and consent of the Senate, of whom not more than five shall

be members of the same political party. The President shall designate one member of the øBoard¿ Advisory Board to serve as

chairperson.

(b) The øBoard¿ Advisory Board shall review the effectiveness

of the activities carried out under this Act and the Television

Broadcasting to Cuba Act shall make such recommendations to the

President and the øBroadcasting Board of Governors¿ Board of

Governors of the United States International Broadcasting Agency

as it may consider necessary.

(c) In appointing the initial voting members of the øBoard¿ Advisory Board, the President shall designate three members to serve

for a term of three years, three members to serve for a term of two

years, and three members to serve for a term of one year. Thereafter, the term of each member of the øBoard¿ Advisory Board

shall be three years. The President shall appoint, by and with the

advice and consent of the Senate, 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. Any member whose term has expired may serve until his successor has been

appointed and qualified.

(d) The head of the Cuba Service and the head of the Television Marti Service shall serve, ex officio, as members of the

øBoard¿ Advisory Board.

(e) Members of the øBoard¿ Advisory Board appointed by the

President shall, while attending meetings of the øBoard¿ Advisory

Board or while engaged in duties relating to such meetings or in

other activities of the øBoard¿ Advisory Board pursuant to this section, including traveltime, be entitled to receive compensation

equal to the daily equivalent of the compensation prescribed for

level V of the Executive Schedule under section 5316 of title 5,

United States Code. While away from their homes or regular places

of business they may be allowed travel expenses, including per

diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703)

for persons in the Government service employed intermittently.

The ex officio members of the øBoard¿ Advisory Board shall not be

entitled to any compensation under this section, but may be allowed travel expenses as provided in the preceding sentence.

48

(f) The øBoard¿ Advisory Board may, to the extent it deems

necessary to carry out its functions under this section, procure supplies, services, and other personal property, including specialized

electronic equipment.

(g) Notwithstanding any other provision of law, the øBoard¿

Advisory Board shall remain in effect indefinitely.

* * * * * * *

ASSISTANCE FROM OTHER GOVERNMENT AGENCIES

SEC. 6. (a) In order to assist the øBroadcasting Board of Governors¿ United States International Broadcasting Agency in carrying out the purposes set forth in section 2, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative

and technical support and services at the request of the øBoard¿

Board of Directors of the United States International Broadcasting

Agency. Support and services shall be provided on a reimbursable

basis. Any reimbursement shall be credited to the appropriation

from which the property, support, or services was derived.

(b) The øBoard¿ United States International Broadcasting

Agency may carry out the purposes of section 3 by means of grants,

leases, or contracts (subject to the availability of appropriations), or

such other means as the Board determines will be most effective.

FACILITY COMPENSATION

SEC. 7. (a) * * *

(b) Accordingly, the øBoard¿ United States International

Broadcasting Agency may make payments to the United States

radio broadcasting station licensees upon their application for expenses which they have incurred before, on or after the date of this

Act in mitigating, pursuant to special temporary authority from the

Federal Communications Commission, the effects of activities by

the Government of Cuba which directly interfere with the transmission or reception of broadcasts by these licensees. Such expenses shall be limited to the costs of equipment replaced (less depreciation) and associated technical and engineering costs.

* * * * * * *

(d) There are authorized to be appropriated to the øBoard¿

United States International Broadcasting Agency, $5,000,000 for

use in compensating United States radio broadcasting licensees

pursuant to this section. Amounts appropriated under this section

are authorized to be available until expended.

* * * * * * *

AUTHORIZATION OF APPROPRIATIONS

SEC. 8. (a) There are authorized to be appropriated for the

Broadcasting Board of Governors $14,000,000 for fiscal year 1984,

and $11,000,000 for fiscal year 1985 to carry out sections 3 and 4

of this Act. The amount obligated by the øBroadcasting Board of

Governors¿ United States International Broadcasting Agency in enVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00048 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
49

suing fiscal years shall be sufficient to maintain broadcasts to Cuba

under this Act at rates no less than the fiscal year 1985 level.

* * * * * * *

TELEVISION BROADCASTING TO CUBA ACT

* * * * * * *

SEC. 243. TELEVISION BROADCASTING TO CUBA.

(a) TELEVISION BROADCASTING TO CUBA.—In order to carry out

the purposes set forth in section 242 and notwithstanding the limitation of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect to the

dissemination in the United States of information prepared for dissemination abroad to the extent such dissemination is inadvertent,

the øBroadcasting Board of Governors¿ United States International

Broadcasting Agency (hereafter in this part referred to as the ‘‘Agency’’) shall provide for the open communication of information

and ideas through the use of television broadcasting to Cuba. Television broadcasting to Cuba shall serve as a consistently reliable

and authoritative source of accurate, objective, and comprehensive

news.

* * * * * * *

SEC. 244. TELEVISION MARTI SERVICE.

(a) TELEVISION MARTI SERVICE.—There is within the Voice of

America a Television Marti Service. The Service shall be responsible for all television broadcasts to Cuba authorized by this part.

øThe Broadcasting Board of Governors shall appoint a head of the

Service who shall report directly to the International Boardcasting

Bureau.¿ The Board of Governors of the United States International

Broadcasting Agency shall appoint a head of the Service who shall

report directly to the Board of Governors. The head of the Service

shall employ such staff as the head of the Service may need to

carry out the duties of the Service.

(b) USE OF EXISTING FACILITIES OF THE USIA.—To assure consistency of presentation and efficiency of operations in conducting

the activities authorized under this part, the Television Marti Service shall make maximum feasible utilization of øBoard¿ United

States International Broadcasting Agency facilities and management support, including Voice of America: Cuba Service, Voice of

America, and the United States International Television Service.

(c) AUTHORITY.—øThe Board¿ The Agency may carry out the

purposes of this part by means of grants, leases, or contracts (subject to the availability of appropriations), or such other means as

the øBoard determines¿ Board of Governors of the United States

International Broadcasting Agency determines will be most effective.

* * * * * * *

SEC. 246. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.

In order to assist the øUnited States Information Agency¿

United States International Broadcasting Agency in carrying out

the provisions of this part, any agency or instrumentality of the

United States may sell, loan, lease, or grant property (including inVerDate 11-MAY-2000 20:19 Jun 05, 2002 Jkt 099006 PO 00000 Frm 00049 Fmt 6659 Sfmt 6601 E:\HR\OC\HR493.XXX pfrm01 PsN: HR493
50

terests therein) and may perform administrative and technical support and services at the request of the øBoard¿ Board of Governors

of the United States International Broadcasting Agency.

* * * * * * *

FOREIGN SERVICE ACT OF 1980

* * * * * * *

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES

* * * * * * *

CHAPTER 2—MANAGEMENT OF THE SERVICE

* * * * * * *

SEC. 202. OTHER AGENCIES UTILIZING THE FOREIGN SERVICE

PERSONNEL SYSTEM.—(a)(1) The øBroadcasting Board of Governors¿ United States International Broadcasting Agency and the

Administrator of the Agency for International Development may

utilize the Foreign Service personnel system with respect to their

respective agencies in accordance with this Act.

* * * * * * *

SEC. 210. BOARD OF THE FOREIGN SERVICE.—The President

shall establish a Board of the Foreign Service to advise the Secretary of State on matters relating to the Service, including furtherance of the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and compatibility between the Foreign Service personnel system and the other personnel systems of the Government. The

Board of the Foreign Service shall be chaired by an individual appointed by the President and shall include one or more representatives of the Department of State, the øBroadcasting Board of Governors¿ United States International Broadcasting Agency, the

Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of Labor,

the Office of Personnel Management, the Office of Management

and Budget, the Equal Employment Opportunity Commission, and

such other agencies as the President may designate.

* * * * * * *

CHAPTER 10—LABOR-MANAGEMENT RELATIONS

* * * * * * *

SEC. 1003. APPLICATION.—(a) This chapter applies only with

respect to the Department of State, the øBroadcasting Board of

Governors¿ United States International Broadcasting Agency, the

Agency for International Development, the Department of Agriculture, and the Department of Commerce.

* * * * * * *

CHAPTER 11—GRIEVANCES

SEC. 1101. DEFINITION OF GRIEVANCE.—(a) * * *

* * * * * * *

51

(c) This chapter applies only with respect to the Department

of State, øBroadcasting Board of Governors,¿ the United States

International Broadcasting Agency, the Agency for International

Development, the Department of Agriculture, and the Department

of Commerce.

* * * * * * *

SECTION 5315 OF TITLE 5, UNITED STATES CODE

§ 5315. Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Deputy Administrator of General Services.

* * * * * * *

øDirector of the International Broadcasting Bureau.¿

* * * * * * *

Director, United States International Broadcasting Agency.

* * * * * * *

Æ