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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4490 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4490

_______________________________________________________________________

                                 AN ACT

 
To enhance the missions, objectives, and effectiveness of United States 
         international communications, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States 
International Communications Reform Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and declarations.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Broadcasting standards.
Sec. 6. Eligible broadcast areas.
  TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED 
               STATES INTERNATIONAL COMMUNICATIONS AGENCY

     Subtitle A--Establishment of the United States International 
                         Communications Agency

Sec. 101. Existence within the Executive Branch.
Sec. 102. Establishment of the board of the United States International 
                            Communications Agency.
Sec. 103. Authorities and duties of the board of the United States 
                            International Communications Agency.
Sec. 104. Establishment of the Chief Executive Officer of the United 
                            States International Communications Agency.
Sec. 105. Authorities and duties of the Chief Executive Officer of the 
                            United States International Communications 
                            Agency.
Sec. 106. Role of the Secretary of State.
Sec. 107. Role of the Inspector General.
Sec. 108. Enhanced coordination between United States International 
                            Communications Agency and the Freedom News 
                            Network; program content sharing; grantee 
                            independence.
Sec. 109. Enhanced coordination among the United States International 
                            Communications Agency, the Freedom News 
                            Network, and the Department of State; 
                            Freedom News Network independence.
Sec. 110. Grants to the Freedom News Network.
Sec. 111. Other personnel and compensation limitations.
Sec. 112. Reporting requirements of the United States International 
                            Communications Agency.
                    Subtitle B--The Voice of America

Sec. 121. Sense of Congress.
Sec. 122. Principles of the Voice of America.
Sec. 123. Duties and responsibilities of the Voice of America.
Sec. 124. Limitation on voice of America news, programming, and 
                            content; exception for broadcasting to 
                            Cuba.
Sec. 125. Director of Voice of America.
                     Subtitle C--General Provisions

Sec. 131. Federal agency coordination in support of United States 
                            public diplomacy.
Sec. 132. Federal agency assistance and coordination with the United 
                            States International Communications Agency 
                            and the Freedom News Network during 
                            international broadcast surges.
Sec. 133. Freedom News Network right of first refusal in instances of 
                            Federal disposal of radio or television 
                            broadcast transmission facilities or 
                            equipment.
Sec. 134. Repeal of the United States International Broadcasting Act of 
                            1994.
Sec. 135. Effective date.
                   TITLE II--THE FREEDOM NEWS NETWORK

Sec. 201. Sense of Congress.
      Subtitle A--Consolidation of Existing Grantee Organizations

Sec. 211. Formation of the Freedom News Network from existing grantees.
Sec. 212. Mission of the Freedom News Network.
Sec. 213. Standards and principles of the Freedom News Network.
          Subtitle B--Organization of the Freedom News Network

Sec. 221. Governance of the Freedom News Network.
Sec. 222. Budget of the Freedom News Network.
Sec. 223. Assistance from other government agencies.
Sec. 224. Reports by the Office of the Inspector General of the 
                            Department of State; audits by GAO.
Sec. 225. Amendments to the United States Information and Educational 
                            Exchange Act of 1948.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Preservation of United States National Security objectives.
Sec. 302. Requirement for authorization of appropriations.

SEC. 2. FINDINGS AND DECLARATIONS.

    Congress finds and declares the following:
            (1) United States international broadcasting exists to 
        advance the United States interests and values by presenting 
        accurate, objective, and comprehensive news and information, 
        which is the foundation for democratic governance, to societies 
        that lack a free media.
            (2) Article 19 of the Universal Declaration of Human Rights 
        states that ``[e]veryone has the right to freedom of opinion 
        and expression'', and that ``this right includes freedom to 
        hold opinions without interference and to seek, receive and 
        impart information and ideas through any media and regardless 
        of frontiers''.
            (3) Secretary of State Hillary Clinton testified before the 
        Committee on Foreign Affairs of the House of Representatives on 
        January 23, 2013, that the Broadcasting Board of Governors 
        (BBG) ``is practically a defunct agency in terms of its 
        capacity to be able to tell a message around the world. So 
        we're abdicating the ideological arena and need to get back 
        into it.''.
            (4) The BBG, which was created by Congress to oversee the 
        United States international broadcasting in the wake of the 
        Cold War, has, because of structural and managerial issues, had 
        limited success to date in both coordinating the various 
        components of the international broadcasting framework and 
        managing the day-to-day operations of the Federal components of 
        the international broadcasting framework.
            (5) The lack of regular attendance by board members and a 
        periodic inability to form a quorum have plagued the BBG and, 
        as a result, it has been functionally incapable of running the 
        agency.
            (6) The board of governors has only achieved the full slate 
        of all nine governors for seven of its 17 years of existence, 
        which highlights the difficulties of confirming and retaining 
        governors under the current structure.
            (7) Both the Department of State's Office of Inspector 
        General and the Government Accountability Office have issued 
        reports which outline a severely dysfunctional organizational 
        structure of the Broadcasting Board of Governors.
            (8) The Inspector General of the Department of State 
        concluded in its January 2013 report that dysfunction of the 
        BBG stems from ``a flawed legislative structure and acute 
        internal dissension''.
            (9) The Inspector General of the Department of State also 
        found that the BBG's structure of nine part-time members 
        ``cannot effectively supervise all United States Government-
        supported, civilian international broadcasting'', and its 
        involvement in day-to-day operations has impeded normal 
        management functions.
            (10) The Government Accountability Office report determined 
        that there was significant overlap among the BBG's languages 
        services, and that the BBG did not systematically consider the 
        financial cost of overlap.
            (11) According to the Office of the Inspector General, the 
        BBG's Office of Contracts is not in compliance with the Federal 
        Acquisition Regulation, lacks appropriate contract oversight, 
        and violates the Anti-Deficiency Act. The Office of the 
        Inspector General also determined that the Broadcasting Board 
        of Governors has not adequately performed full and open 
        competitions or price determinations, has entered into hundreds 
        of personal service contracts without statutory authority, and 
        contractors regularly work without valid contracts in place.
            (12) The size and make-up of the BBG workforce should be 
        closely examined, given the agency's broader broadcasting and 
        technical mission, as well as changing media technologies.
            (13) The BBG should be structured to ensure that more 
        taxpayer dollars are dedicated to the substantive, 
        broadcasting, and information-related elements of the agency's 
        mission.
            (14) The lack of a coherent and well defined mission of the 
        Voice of America has led to programming that duplicates the 
        efforts of the Office of Cuba Broadcasting, Radio Free Asia, 
        RFE/RL, Incorporated, and the Middle East Broadcasting 
        Networks, Incorporated that results in inefficient use of tax-
        payer funding.
            (15) The annual survey conducted by the ``Partnership for 
        Public Service'' consistently ranks the Broadcasting Board of 
        Governors at or near the bottom of all Federal agencies in 
        terms of ``overall best places to work'' and ``the extent to 
        which employees feel their skills and talents are used 
        effectively''. The consistency of these low scores point to 
        structural, cultural, and functional problems at the 
        Broadcasting Board of Governors.
            (16) The Federal and non-Federal organizations that 
        comprise the United States international broadcasting framework 
        have different, yet complementary, missions that necessitate 
        coordination at all levels of management.
            (17) The Broadcasting Board of Governors has an 
        overabundance of senior civil service positions, defined here 
        as full-time employees encumbering GS-14 and GS-15 positions on 
        the General Schedule pay scale.
            (18) United States international broadcasting should seek 
        to leverage public-private partnerships, including the 
        licensing of content and the use of technology owned or 
        operated by non-governmental sources, where possible to expand 
        outreach capacity.
            (19) Shortwave broadcasting has been an important method of 
        communication that should be utilized in regions as a component 
        of United States international broadcasting where a critical 
        need for the platform exists.
            (20) Congressional action is necessary at this time to 
        improve international broadcasting operations, strengthen the 
        United States public diplomacy efforts, enhance the grantee 
        surrogate broadcasting effort, restore focus to news, 
        programming, and content, and maximize the value of Federal and 
        non-Federal resources that are dedicated to public diplomacy 
        and international broadcasting.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To provide objective, accurate, credible, and 
        comprehensive news and information to societies that lack 
        freedom of expression and information.
            (2) To improve the efficiency, effectiveness, and 
        flexibility of United States international broadcasting to 
        allow it to adapt to constantly changing political and media 
        environments through clarification of missions, improved 
        coordination, and organizational restructuring.
            (3) To coordinate the complementary efforts of the 
        Department of State and United States international 
        broadcasting.
            (4) To create a United States international broadcasting 
        framework that more effectively leverages the broadcasting 
        tools available and creates specialization of expertise in 
        mission oriented programming, while minimizing waste and 
        inefficiency.
            (5) To improve United States international broadcasting 
        workforce effectiveness, security, and satisfaction.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives, the Committee 
        on Foreign Relations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and the 
        Committee on Appropriations of the Senate.
            (2) Grantee.--The term ``grantee'' means the non-Federal 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 501(a) 
        of such Code as of day before the date of the enactment of this 
        Act that receives Federal funding from the Broadcasting Board 
        of Governors, and includes Radio Free Asia, RFE/RL, 
        Incorporated, and the Middle East Broadcasting Networks, 
        Incorporated.
            (3) Freedom news network.--The term ``Freedom News 
        Network'' refers to the non-Federal organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code that would 
        receive Federal funding and be responsible for promoting 
        democratic freedoms and free media operations for foreign 
        audiences in societies that lack freedom of expression and 
        information, and consisting of the consolidation of the grantee 
        in accordance with section 211.
            (4) Public diplomacy.--The term ``public diplomacy'' means 
        the effort to achieve broad United States foreign policy goals 
        and objectives, advance national interests, and enhance 
        national security by informing and influencing foreign publics 
        and by expanding and strengthening the relationship between the 
        people and Government of the United States and citizens of 
        other countries.

SEC. 5. BROADCASTING STANDARDS.

    United States international broadcasting shall incorporate the 
following standards into all of its broadcasting efforts:
            (1) Be consistent with the broad foreign policy objectives 
        of the United States.
            (2) Be consistent with the international telecommunications 
        policies and treaty obligations of the United States.
            (3) Not duplicate the activities of private United States 
        broadcasters.
            (4) Be conducted in accordance with the highest 
        professional standards of broadcast journalism while remaining 
        consistent with and supportive of the broad foreign policy 
        objectives of the United States.
            (5) Be based on reliable, research-based information, both 
        quantitative and qualitative, about its potential audience.
            (6) Be designed so as to effectively reach a significant 
        audience.
            (7) Promote freedom of expression, religion, and respect 
        for human rights and human equality.

SEC. 6. ELIGIBLE BROADCAST AREAS.

    (a) In General.--The Board of the United States International 
Communications Agency and the Board of the Freedom News Network, in 
consultation with the Secretary of State, shall ensure that United 
States international broadcasting is conducted only to countries and 
regions that--
            (1) lack democratic rule, or the indicia of democratic 
        rule, such as demonstrable proof of free and fair elections;
            (2) lack the legal and political environment that allows 
        media organizations and journalists to operate free from 
        government-led or permitted harassment, intimidation, 
        retribution, and from economic impediments to the development, 
        production, and dissemination of news and related programming 
        and content;
            (3) lack established, domestic, and widely accessible media 
        that provide accurate, objective, and comprehensive news and 
        related programming and content; and
            (4) by virtue of the criteria described in this subsection, 
        would benefit the national security and related interests of 
        the United States, and the safety and security of United States 
        citizens at home and abroad.
    (b) Exception.--The United States International Communications 
Agency and the Freedom News Network may broadcast to countries that 
fall outside of the criteria described in subsection (a) if the Chief 
Executive Officer of the Agency and the Freedom News Network, in 
consultation with the Secretary of State, determine it is in the 
national security interest of the United States, or in the interests of 
preserving the safety and security of United States citizens at home 
and abroad, to do so.

  TITLE I--ESTABLISHMENT, ORGANIZATION, AND MANAGEMENT OF THE UNITED 
               STATES INTERNATIONAL COMMUNICATIONS AGENCY

     Subtitle A--Establishment of the United States International 
                         Communications Agency

SEC. 101. EXISTENCE WITHIN THE EXECUTIVE BRANCH.

    There is hereby established a single Federal organization 
consisting of the Voice of America and the offices that constitute the 
International Broadcasting Bureau and referred to hereafter as the 
``United States International Communications Agency'', which shall 
exist within the executive branch of Government as an independent 
establishment described in section 104 of title 5, United States Code.

SEC. 102. ESTABLISHMENT OF THE BOARD OF THE UNITED STATES INTERNATIONAL 
              COMMUNICATIONS AGENCY.

    (a) Composition of the Board of the United States International 
Communications Agency.--
            (1) In general.--The Board (in this section referred to as 
        the ``Board'') of the United States International 
        Communications Agency shall consist of nine members, as 
        follows:
                    (A) Eight voting members who shall be appointed by 
                the President, by and with the advice and consent of 
                the Senate.
                    (B) The Secretary of State, who shall also be a 
                voting member.
            (2) Chair.--The President shall appoint one member (other 
        than the Secretary of State) as Chair of the Board, by and with 
        the advice and consent of the Senate.
            (3) Political affiliation.--Exclusive of the Secretary of 
        State, not more than four members of the Board shall be of the 
        same political party.
            (4) Retention of existing bbg members.--The presidentially-
        appointed and Senate-confirmed members of the Broadcasting 
        Board of Governors serving as of the date of the enactment of 
        this Act shall constitute the Board of the United States 
        International Communications Agency and hold office the 
        remainder of their original terms of office without 
        reappointment to the Board.
    (b) Term of Office.--The term of office of each member of the Board 
shall be 3 years, except that the Secretary of State shall remain a 
member of the Board during the Secretary's term of service. Of the 
other eight voting members, the initial terms of office of two members 
shall be 1 year, and the initial terms of office of three other members 
shall be 2 years, as determined by the President. The President shall 
appoint, by and with the advice and consent of the Senate, Board 
members to fill vacancies occurring prior to the expiration of a term, 
in which case the members so appointed shall serve for the remainder of 
such term. Members may not serve beyond their terms. When there is no 
Secretary of State, the Acting Secretary of State shall serve as a 
member of the Board until a Secretary is appointed.
    (c) Selection of Board.--Members of the Board shall be citizens of 
the United States who are not regular full-time employees of the United 
States Government. Such members shall be selected by the President from 
among citizens distinguished in the fields of public diplomacy, mass 
communications, print, broadcast media, or foreign affairs.
    (d) Compensation.--Members of the Board, while attending meetings 
of the Board or while engaged in duties relating to such meetings or in 
other activities of the Board pursuant to this section (including 
travel time) shall be entitled to receive compensation equal to the 
daily equivalent of the compensation prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States Code. 
While away from their homes or regular places of business, members of 
the Board may be allowed travel expenses, including per diem in lieu of 
subsistence, in accordance with section 5703 of such title for persons 
in the Government service employed intermittently. The Secretary of 
State shall not be entitled to any compensation under this chapter.
    (e) Decisions.--Decisions of the Board shall be made by majority 
vote, a quorum being present. A quorum shall consist of a majority of 
members then serving at the time a decision of the Board is made.
    (f) Transparency.--The Board of the United States International 
Communications Agency shall adhere to the provisions specified in the 
Government in the Sunshine Act (Public Law 94-409).

SEC. 103. AUTHORITIES AND DUTIES OF THE BOARD OF THE UNITED STATES 
              INTERNATIONAL COMMUNICATIONS AGENCY.

    The Board of the United States International Communications Agency 
shall have the following authorities:
            (1) To review and evaluate the mission and operation of, 
        and to assess the quality, effectiveness, and professional 
        integrity of, all programming produced by the United States 
        International Communications Agency to ensure alignment with 
        the broad foreign policy objectives of the United States.
            (2) To ensure that broadcasting of the United States 
        International Communications Agency is conducted in accordance 
        with the standards specified in section 5.
            (3) To review, evaluate, and recommend to the Chief 
        Executive of the United States International Communications 
        Agency, at least annually, in consultation with the Secretary 
        of State, the necessity of adding or deleting of language 
        services of the Agency.
            (4) To submit to the President and Congress an annual 
        report which summarizes and evaluates activities of the United 
        States International Communications Agency described in this 
        title.

SEC. 104. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE UNITED 
              STATES INTERNATIONAL COMMUNICATIONS AGENCY.

    (a) In General.--There shall be a Chief Executive Officer of the 
United States International Communications Agency, appointed by the 
Board of the Agency for a five-year term, renewable at the Board's 
discretion, and subject to the provisions of title 5, United States 
Code, governing appointments, classification, and compensation.
    (b) Qualifications.--The Chief Executive Officer shall be selected 
from among United States citizens with two or more of the following 
qualifications:
            (1) A distinguished career in managing a large organization 
        or Federal agency.
            (2) Experience in the field of mass communications, print, 
        or broadcast media.
            (3) Experience in foreign affairs or international 
        relations.
            (4) Experience in directing United States public diplomacy 
        programs.
    (c) Termination and Transfer.--Immediately upon appointment of the 
Chief Executive Officer under subsection (a), the Director of the 
International Broadcasting Bureau shall be terminated, and all of the 
responsibilities and authorities of the Director shall be transferred 
to and assumed by the Chief Executive Officer.
    (d) Removal of Chief Executive Officer.--The Chief Executive 
Officer under subsection (a) may be removed upon a two-thirds majority 
vote of the members of the Board of the United States International 
Communications Agency then serving.
    (e) Compensation of the Chief Executive Officer.--Any Chief 
Executive Officer of the United States International Communications 
Agency hired after the date of the enactment of this Act, shall be 
eligible to receive compensation up to an annual rate of pay equivalent 
to level I of the Executive Schedule under section 5315 of title 5, 
United States Code.

SEC. 105. AUTHORITIES AND DUTIES OF THE CHIEF EXECUTIVE OFFICER OF THE 
              UNITED STATES INTERNATIONAL COMMUNICATIONS AGENCY.

    (a) Duties.--The Chief Executive Officer under section 104 shall 
direct operations of the United States International Communications 
Agency and shall have the following non-delegable authorities, subject 
to the supervision of the Board of the United States International 
Communications Agency:
            (1) To supervise all Federal broadcasting activities 
        conducted pursuant to title V of the United States Information 
        and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.) 
        and the Voice of America as described in subtitle B of title I 
        of this Act.
            (2) To make and ensure compliance with the terms and 
        conditions of the grant agreement in accordance with section 
        110.
            (3) To review engineering activities to ensure that all 
        broadcasting elements receive the highest quality and cost-
        effective delivery services.
            (4) To undertake such studies as may be necessary to 
        identify areas in which broadcasting activities under the 
        authority of the United States International Communications 
        Agency could be made more efficient and economical.
            (5) To the extent considered necessary to carry out the 
        functions of the Board, procure supplies, services, and other 
        personal property, as well as procurement pursuant to section 
        1535 of title 31, United States Code (commonly referred to as 
        the ``Economy Act''), of such goods and services from other 
        Federal agencies for the Board as the Board determines are 
        appropriate.
            (6) To appoint such staff personnel for the Board as the 
        Board may determine to be necessary, subject to the provisions 
        of title 5, United States Code, governing appointments in the 
        competitive service, and to fix their compensation in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of such title relating to classification and 
        General Schedule pay rates.
            (7) To obligate and expend, for official reception and 
        representation expenses, such amounts as may be made available 
        through appropriations Acts.
            (8) To make available in the annual reports required under 
        section 103 information on funds expended on administrative and 
        managerial services by the Board of the United States 
        Communications Agency, and the steps the Board has taken to 
        reduce unnecessary overhead costs for each of the broadcasting 
        services.
            (9) To provide for the use of United States Government 
        broadcasting capacity to the Freedom News Network.
            (10)(A) To procure temporary and intermittent personal 
        services to the same extent as is authorized by section 3109 of 
        title 5, United States Code, at rates not to exceed the daily 
        equivalent of the rate provided for positions classified above 
        grade GS-15 of the General Schedule under section 5108 of such 
        title.
            (B) To allow those individuals providing such services, 
        while away from their homes or their regular places of 
        business, travel expenses (including per diem in lieu of 
        subsistence) as authorized by section 5703 of title 5, United 
        States Code, for persons in the Government service employed 
        intermittently, while so employed.
            (11) To utilize the provisions of titles III, IV, V, VII, 
        VIII, IX, and X of the United States Information and 
        Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), and 
        section 6 of Reorganization Plan Number 2 of 1977, as in effect 
        on the day before the effective date of title XIII of the 
        Foreign Affairs Agencies Consolidation Act of 1998, to the 
        extent the Board considers necessary to carry out the 
        provisions and purposes of this Act.
            (12) To utilize the authorities of any other statute, 
        reorganization plan, Executive order, regulation, agreement, 
        determination, or other official document or proceeding that 
        had been available to the Director of the United States 
        Information Agency, the International Broadcasting Bureau, or 
        the Board of the Broadcasting Board of Governors before the 
        date of the enactment of this Act.
            (13)(A) To provide for the payment of primary and secondary 
        school expenses for dependents of personnel stationed in the 
        Commonwealth of the Northern Mariana Islands (CNMI) at a cost 
        not to exceed expenses authorized by the Department of Defense 
        for such schooling for dependents of members of the Armed 
        Forces stationed in the Commonwealth, if the Board determines 
        that schools available in the Commonwealth are unable to 
        provide adequately for the education of the dependents of such 
        personnel.
            (B) To provide transportation for dependents of such 
        personnel between their places of residence and those schools 
        for which expenses are provided under subparagraph (A), if the 
        Board determines that such schools are not accessible by public 
        means of transportation.
    (b) Consultations.--The Chief Executive Officer of the United 
States International Communications Agency shall regularly consult with 
the Chief Executive Officer of the Freedom News Network and the 
Secretary of State as described in sections 108 and 109.

SEC. 106. ROLE OF THE SECRETARY OF STATE.

    To assist the Board of the United States International 
Communications Agency in carrying out its functions, the Secretary of 
State shall provide to the Board information in accordance with section 
109(b), as well as guidance on United States foreign policy and public 
diplomacy priorities, as the Secretary determines appropriate.

SEC. 107. ROLE OF THE INSPECTOR GENERAL.

    (a) In General.--The Inspector General of the Department of State 
shall exercise the same authorities with respect to the United States 
International Communications Agency and the Freedom News Network as the 
Inspector General exercises with respect to the Department.
    (b) Journalist Integrity.--The Inspector General of the Department 
of State shall respect the journalistic integrity of all the 
broadcasters covered by this Act and may not evaluate the philosophical 
or political perspectives reflected in the content of the broadcasts of 
such broadcasters.

SEC. 108. ENHANCED COORDINATION BETWEEN UNITED STATES INTERNATIONAL 
              COMMUNICATIONS AGENCY AND THE FREEDOM NEWS NETWORK; 
              PROGRAM CONTENT SHARING; GRANTEE INDEPENDENCE.

    (a) Meetings.--The chair of the Board and Chief Executive Officer 
of the United States International Communications Agency shall meet at 
least on a quarterly basis with the chair and Chief Executive Officer, 
as identified in section 221, of the Freedom News Network to discuss 
mutual issues of concern, including the following:
            (1) The strategic direction of their respective 
        organizations, including target audiences.
            (2) Languages of information transmission.
            (3) Prioritization of funding allocations.
            (4) Areas for greater collaboration.
            (5) Elimination of programming overlap.
            (6) Efficiencies that can be realized through best 
        practices and lessons learned.
            (7) Sharing of program content.
    (b) Information Sharing.--The Chief Executive Officer of the United 
States International Broadcasting Agency and the Chief Executive 
Officer of the Freedom News Network shall share all strategic planning 
documents, including the following:
            (1) Results monitoring and evaluation.
            (2) Annual planning documents.
            (3) Audience surveys conducted.
            (4) Budget formulation documents.
    (c) Program Content Sharing.--The United States International 
Communications Agency and the Freedom News Network shall make all 
original content available to each other through a shared platform in 
accordance with section 112(a)(3).
    (d) Independence of Freedom News Network.--The United States 
International Communications Agency, while conducting management of the 
grant described in section 110, shall avoid even the appearance of 
involvement in daily operations, decisions, and management of the 
Freedom News Network, and ensure that the distinctions between the 
United States International Communications Agency and Freedom News 
Network remain in accordance with this Act.

SEC. 109. ENHANCED COORDINATION AMONG THE UNITED STATES INTERNATIONAL 
              COMMUNICATIONS AGENCY, THE FREEDOM NEWS NETWORK, AND THE 
              DEPARTMENT OF STATE; FREEDOM NEWS NETWORK INDEPENDENCE.

    (a) Coordination Meetings.--The Chief Executive Officer of the 
United States International Communications Agency and the Chief 
Executive Officer of the Freedom News Network shall meet, at least on a 
quarterly basis, with the Secretary of State to--
            (1) review and evaluate broadcast activities;
            (2) eliminate overlap of programming; and
            (3) determine long-term strategies for international 
        broadcasting to ensure such strategies are in accordance with 
        the broad foreign policy interests of the United States.
    (b) Strategic Planning Documents.--The Chief Executive Officer of 
the United States International Communications Agency, the Chief 
Executive Officer of the Freedom News Network, and the Secretary of 
State shall share all relevant unclassified strategic planning 
documents produced by the Agency, the Freedom News Network, and the 
Department of State.
    (c) Freedom News Network Independence.--The Department of State, 
while coordinating with the Freedom News Network in accordance with 
subsection (a), shall avoid even the appearance of involvement in the 
daily operations, decisions, and management of the Freedom News 
Network.

SEC. 110. GRANTS TO THE FREEDOM NEWS NETWORK.

    (a) In General.--The Chief Executive Officer of the United States 
International Communications Agency shall make grants to RFE/RL, 
Incorporated, Radio Free Asia, or the Middle East Broadcasting 
Networks, Incorporated only after the Chief Executive Officer of the 
Agency and the Chief Executive Officer of Freedom News Network certify 
to the appropriate congressional committees that the headquarters of 
the Freedom News Network and its senior administrative and managerial 
staff are in a location which ensures economy, operational 
effectiveness, and accountability, and the following conditions have 
been satisfied:
            (1) RFE/RL, Incorporated, Radio Free Asia, and the Middle 
        East Broadcasting Networks, Incorporated have submitted to the 
        Chief Executive Officer of the United States International 
        Communications Agency a plan for consolidation and 
        reconstitution as described in section 211 under the new 
        corporate name ``Freedom News Network'' with a single 
        organizational structure and management framework, as described 
        in section 221.
            (2) The necessary steps towards the consolidation described 
        in paragraph (1) have been completed, including the selection 
        of a Board, Chair, and Chief Executive Officer for the Freedom 
        News Network, the establishment of bylaws to govern the Freedom 
        News Network, and the filing of articles of incorporation.
            (3) A plan for content sharing has been developed in 
        accordance with section 112(a)(3).
            (4) A strategic plan for programming implementation has 
        been developed in accordance with section 222(c).
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Board of the United States International 
Communications Agency shall submit to Congress a report on the status 
of any grants made to the Freedom News Network.
    (c) Alternative Grantee.--If the Chief Executive Officer of the 
United States International Communications Agency, after consultation 
with the Board of the Agency and the appropriate congressional 
committees, determines at any time that the Freedom News Network is not 
carrying out the mission described in section 212 and adhering to the 
standards and principles described in section 213 in an effective and 
economical manner for which a grant has been awarded, the Chief 
Executive Officer of the Agency, upon approval of the Board, may award 
to another entity the grant at issue to carry out such functions after 
soliciting and considering applications from eligible entities in such 
manner and accompanied by such information as the Board may require.
    (d) Not a Federal Entity.--Nothing in this Act may be construed to 
make the Freedom News Network a Federal agency or instrumentality.
    (e) Authority.--Grants authorized under this section for the United 
States International Communications Agency shall be available to make 
annual grants to the Freedom News Network for the purpose of carrying 
out the mission described in section 212 and adhering to the standards 
and principles described in section 213.
    (f) Grant Agreement.--Grants authorized under this section to the 
Freedom News Network by the Chief Executive Officer of the United 
States International Communications Agency shall only be made in 
accordance with a grant agreement. Such grant agreement shall include 
the following provisions:
            (1) A grant shall be used only for activities in accordance 
        with carrying out the mission described in section 212 and 
        adhering to the standards and principles described in section 
        213.
            (2) The Freedom News Network shall comply with the 
        requirements of this section.
            (3) Failure to comply with the requirements of this section 
        may result in suspension or termination of a grant without 
        further obligation by the United States International 
        Communications Agency or the United States.
            (4) Use of broadcasting technology owned and operated by 
        the United States International Communications Agency shall be 
        made available through an International Cooperative 
        Administrative Support Service (ICASS) agreement or memorandum 
        of understanding.
            (5) The Freedom News Network shall, upon request, provide 
        to the Chief Executive Officer of the United States 
        International Communications Agency documentation which details 
        the expenditure of any grant funds.
            (6) A grant may not be used to require the Freedom News 
        Network to comply with any requirements other than the 
        requirements specified in this Act.
            (7) A grant may not be used to allocate resources within 
        the Freedom News Network in a manner that is inconsistent with 
        the Freedom News Network strategic plan described in section 
        222(c).
    (g) Prohibitions on the Use of Grants.--Grants authorized under 
this section may not be used for the following purposes:
            (1)(A) Except as provided in subparagraph (B) or (C), to 
        pay any salary or other compensation, or enter into any 
        contract providing for the payment of salary or compensation, 
        in excess of the rates established for comparable positions 
        under title 5, United States Code, or the foreign relations 
        laws of the United States, except that no employee may be paid 
        a salary or other compensation in excess of the rate of pay 
        payable for level II of the Executive Schedule under section 
        5315 of such title.
            (B) Salary and other compensation limitations under 
        subparagraph (A) shall not apply with respect to any employee 
        covered by a union agreement requiring a salary or other 
        compensation in excess of such limitations before the date of 
        the enactment of this Act.
            (C) Notwithstanding the limitations specified in 
        subparagraph (A), grants authorized under this section may be 
        used by the Freedom News Network to pay up to six employees 
        employed in the Washington, D.C. area, salary or other 
        compensation not to exceed the rate of pay payable for level I 
        of the Executive Schedule under section 5314 of title 5, United 
        States Code, except that such shall not apply to the Chief 
        Executive Officer of the Freedom News Network in accordance 
        with section 221(d).
            (2) For any activity intended to influence the passage or 
        defeat of legislation being considered by Congress.
            (3) To enter into a contract or obligation to pay severance 
        payments for voluntary separation for employees hired after 
        December 1, 1990, except as may be required by United States 
        law or the laws of the country where such an employee is 
        stationed.
            (4) For first class travel for any employee of the Freedom 
        News Network, or the relative of any such employee.

SEC. 111. OTHER PERSONNEL AND COMPENSATION LIMITATIONS.

    (a) In General.--Subject to the organizational and personnel 
restrictions described in subsection (c), the Chief Executive Officer 
of the United States International Communications Agency shall have the 
discretion to determine the distribution of all personnel within the 
Agency, subject to the approval of the Board of the Agency.
    (b) Limitation on Compensation.--
            (1) In general.--No employee of the United States 
        International Communications Agency, other than the Chief 
        Executive Officer or Director of the Voice of America, shall be 
        eligible to receive compensation at a rate in excess of step 10 
        of GS-15 of the General Schedule under section 5332 of title 5, 
        United States Code.
            (2) Exception.--The limitation described in paragraph (1) 
        does not apply in the case of members of the Board in 
        accordance with section 102(d) or affect the rights of 
        employees covered under the Fair Labor Standards Act of 1938.
    (c) Prohibition on Certain New Employment.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act and ending on the date that is 5 years after such 
        date, the United States International Communications Agency may 
        not fill any currently unfilled full-time or part-time position 
        compensated at an annual rate of basic pay for grade GS-14 or 
        GS-15 of the General Schedule under section 5332 of title 5, 
        United States Code, including any currently filled position in 
        which the incumbent resigns, retires, or otherwise leaves such 
        position during the such 5-year period.
            (2) Waiver.--The Chief Executive Officer of the United 
        States International Communications Agency may waive the 
        prohibition specified in paragraph (1) if the position is 
        determined essential to the functioning of the Agency and 
        documented as such in the report required under section 112(a), 
        or necessary for the acquisition of skills or knowledge not 
        sufficiently represented in the current workforce of the 
        Agency. The Chief Executive Officer of the Agency shall consult 
        with the appropriate congressional committees before issuing a 
        waiver under this paragraph.
    (d) Continuation of Federal Status.--Nothing in this Act may be 
interpreted to change the Federal status or rights of employees of the 
Voice of America or the International Broadcasting Bureau by the 
consolidation and establishment of the United States International 
Communications Agency.

SEC. 112. REPORTING REQUIREMENTS OF THE UNITED STATES INTERNATIONAL 
              COMMUNICATIONS AGENCY.

    (a) Reorganization Report.--Not later than 180 days after the date 
of the enactment of this Act, the Chief Executive Officer of the United 
States International Communications Agency shall submit to the 
appropriate Congressional committees a report that includes the 
following:
            (1) A plan to assess and provide recommendations on the 
        appropriate size and necessity of all current offices and 
        positions (also referred to as a ``staffing pattern'') within 
        the Agency, including full-time employee positions rated at the 
        Senior Executive Service (SES) level or at GS-14 or GS-15 on 
        the General Schedule under section 5332 of title 5, United 
        States Code. Such plan shall include a detailed organizational 
        structure that delineates lines of authority and reporting 
        between junior staff, management, and leadership.
            (2) A plan to consolidate the Voice of America and the 
        International Broadcasting Bureau into a single Federal entity 
        identified as the ``United States International Communications 
        Agency'', and how the structure and alignment of resources 
        support the fulfillment of the Agency's mission and standards 
        and principles as described in sections 5 and 122.
            (3) A plan for developing a platform to share all 
        programming content between the United States International 
        Communications Agency and the Freedom News Network, including 
        making available for distribution all programming content 
        licensed or produced by the Agency and the Freedom News 
        Network, and expanding the functionality of the platforms 
        already in existence, such as the web content management system 
        ``Pangea''.
            (4) A joint plan written with the Chief Executive Officer 
        of the Freedom News Network to coordinate the transition of 
        language services between the United States International 
        Communications Agency and the Freedom News Network in 
        accordance with sections 6, 123, 124, 212, and 214.
    (b) Contracting Report.--The Chief Executive Officer of the United 
States International Communications Agency shall annually submit to the 
appropriate congressional committees a report on the Agency's 
compliance with the Federal Acquisition Regulation (the ``FAR'') and 
the Anti-Deficiency Act, including a review of contracts awarded on a 
non-competitive basis, compliance with the FAR requirement for 
publicizing contract actions, the use of any personal service contracts 
without explicit statutory authority, and processes for contract 
oversight in compliance with the FAR.
    (c) Listenership Report.--The Chief Executive Officer of the United 
States International Communications Agency shall annually submit to the 
appropriate congressional committees a report that details the 
transmission capacities, market penetration, and audience listenership 
of all mediums of international communication deployed by the United 
States International Communications Agency, including a plan for how 
target audiences can be reached if the first medium of delivery is 
unavailable.
    (d) Gao Report.--Every 5 years after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate congressional committees a report that reviews the 
effectiveness of content sharing between the United States 
International Communications Agency and the Freedom News Network and 
makes recommendations on how content sharing can be improved.
    (e) Language Report.--Not later than 1 year after the date of the 
enactment of this Act, the Chief Executive Officer of the United States 
International Communications Agency and the Chief Executive Officer of 
the Freedom News Network shall submit to the appropriate congressional 
committees a joint report detailing--
            (1) information outlining the criteria and analysis used to 
        determine broadcast recipient countries and regions; and
            (2) an initial list of broadcast countries and regions.

                    Subtitle B--The Voice of America

SEC. 121. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Voice of America has been an indispensable element 
        of United States foreign policy and public diplomacy efforts 
        since 1942, and should remain the flagship brand of the United 
        States International Communications Agency;
            (2) the Voice of America has been a reliable source of 
        accurate, objective, and comprehensive news and related 
        programming and content for the millions of people around the 
        world who cannot obtain such news and related programming and 
        content from indigenous media outlets;
            (3) the Voice of America's success over more than seven 
        decades has created valuable brand identity and international 
        recognition that justifies the maintenance of the Voice of 
        America;
            (4) the Voice of America's public diplomacy mission remains 
        essential to broader United States Government efforts to 
        communicate with foreign populations; and
            (5) despite its tremendous historical success, the Voice of 
        America would benefit substantially from a recalibration of 
        Federal international broadcasting agencies and resources, 
        which would provide the Voice of America with greater mission 
        focus and flexibility in the deployment of news, programming, 
        and content.

SEC. 122. PRINCIPLES OF THE VOICE OF AMERICA.

    The Voice of America shall adhere to the following principles in 
the course of fulfilling its duties and responsibilities:
            (1) Serving as a consistently reliable and authoritative 
        source of news on the United States, its policies, its people, 
        and the international developments that affect the United 
        States.
            (2) Providing accurate, objective, and comprehensive 
        information, with the understanding that these three values 
        provide credibility among global news audiences.
            (3) Presenting the official policies of the United States, 
        and related discussions and opinions about those policies, 
        clearly and effectively.
            (4) Representing the whole of the United States, and shall 
        accordingly work to produce programming and content that 
        presents a balanced and comprehensive projection of the 
        diversity of thought and institutions of the United States.

SEC. 123. DUTIES AND RESPONSIBILITIES OF THE VOICE OF AMERICA.

    The Voice of America shall have the following duties and 
responsibilities:
            (1) Producing accurate, objective, and comprehensive news 
        and related programming that is consistent with and promotes 
        the broad foreign policies of the United States.
            (2) Producing news and related programming and content that 
        accurately represents the diversity of thoughts and 
        institutions of the United States as a whole.
            (3) Presenting the law and policies of the United States 
        clearly and effectively.
            (4) Promoting the civil and responsible exchange of 
        information and differences of opinion regarding policies, 
        issues, and current events.
            (5) Making all of its produced news and related programming 
        and content available to the Freedom News Network for use and 
        distribution.
            (6) Producing or otherwise allowing editorials, commentary, 
        and programming, in consultation with the Department of State, 
        that present the official views of the United States Government 
        and its officials.
            (7) Maximizing foreign national information access through 
        both the use of existing broadcasting tools and resources and 
        the development and dissemination of circumvention technology.
            (8) Providing training and technical support for 
        independent indigenous media and journalist enterprises in 
        order to facilitate or enhance independent media environments 
        and outlets abroad.
            (9) Reaching identified foreign audiences in local 
        languages and dialects when possible, particularly when such 
        audiences form a distinct ethnic, cultural, or religious group 
        within a country critical to United States national security 
        interests.
            (10) Being capable of providing a broadcasting surge 
        capacity under circumstances where overseas disasters, crises, 
        or other events require increased or heightened international 
        public diplomacy engagement.

SEC. 124. LIMITATION ON VOICE OF AMERICA NEWS, PROGRAMMING, AND 
              CONTENT; EXCEPTION FOR BROADCASTING TO CUBA.

    (a) In General.--Except as provided in subsection (b), the Voice of 
America shall be limited to providing reporting in accordance with the 
principles specified in section 122. Nothing in this section may 
preclude the Voice of America from broadcasting programming content 
produced by the Freedom News Network.
    (b) Exception for Broadcasting to Cuba.--Radio Marti and Television 
Marti, which constitute the Office of Cuba Broadcasting, shall continue 
programming and content production consistent with the mission and 
activities as described in the Radio Broadcasting to Cuba Act (Public 
Law 98-111) and the Television Broadcasting to Cuba Act (Public Law 
101-246), and continue existing within the Voice of America of the 
United States International Communications Agency, established in 
section 101.

SEC. 125. DIRECTOR OF VOICE OF AMERICA.

    (a) Establishment.--There shall be a Director of the Voice of 
America, who shall be responsible for executing the duties and 
responsibilities of the Voice of America described in subsection (b).
    (b) Duties and Responsibilities.--The Director of the Voice of 
America shall, subject to the final approval of the Chief Executive 
Officer of the United States International Communications Agency carry 
out the following duties and responsibilities:
            (1) Determine the organizational structure of, and 
        personnel allocation or relocation within, the Voice of 
        America, subject to section 105.
            (2) Make recommendations to the Chief Executive Officer of 
        the United States International Communications Agency regarding 
        the production, development, and termination of Voice of 
        America news programming and content.
            (3) Make recommendations to the Chief Executive Officer of 
        the United States International Communications Agency about the 
        establishment, termination, prioritization, and adjustments of 
        language services utilized by the Voice of America to reach its 
        international audience.
            (4) Allocate funding and material resources under the 
        jurisdiction of the Voice of America for the furtherance of the 
        other duties and responsibilities established under this 
        subsection.
            (5) Oversee the daily operations of the Voice of America, 
        including programming content.
    (c) Appointment and Qualifications of Director.--
            (1) In general.--The position of Director of the Voice of 
        America shall be filled by a person who shall serve at the 
        pleasure of the Chief Executive Officer of the United States 
        International Communications Agency.
            (2) Eligibility.--To be eligible to be appointed Director 
        of the Voice of America, a person shall have at least two of 
        the following qualifications:
                    (A) Prior, extensive experience managing or 
                operating a private-sector media or journalist 
                enterprise.
                    (B) Prior, extensive experience managing or 
                operating a large organization.
                    (C) Prior, extensive experience engaged in mass 
                media or journalist program development, including the 
                development of circumvention technologies.
                    (D) Prior, extensive experience engaged in 
                international journalism or other related activities, 
                including the training of international journalists and 
                the promotion of democratic institutional reforms 
                abroad.
            (3) Compensation.--Any Director who is hired after the date 
        of the enactment of this Act shall be entitled to receive 
        compensation at a rate equal to the annual rate of basic pay 
        for level III of the Executive Schedule under section 5315 of 
        title 5, United States Code.

                     Subtitle C--General Provisions

SEC. 131. FEDERAL AGENCY COORDINATION IN SUPPORT OF UNITED STATES 
              PUBLIC DIPLOMACY.

    (a) In General.--The Board of the United States International 
Communications Agency and the Freedom News Network shall conduct 
periodic, unclassified consultations with the Department of State, the 
United States Agency for International Development, the Department of 
Defense, and the Office of the Director of National Intelligence, for 
the purpose of assessing the following:
            (1) Progress toward democratization, the development of 
        free and independent media outlets, and the free flow of 
        information in countries that receive programming and content 
        from the United States International Communications Agency and 
        the Freedom News Network.
            (2) Foreign languages that have increased or decreased in 
        strategic importance, and the factors supporting such 
        assessments.
            (3) Any other international developments, including 
        developments with regional or country-specific significance, 
        that might be of value in assisting the United States 
        International Communications Agency and the Freedom News 
        Network in the development of their programming and content.
    (b) Guidance.--The Board of the United States International 
Communications Agency shall use the unclassified consultations required 
under subsection (a) as guidance for its distribution and calibration 
of Federal resources in support of United States public diplomacy.

SEC. 132. FEDERAL AGENCY ASSISTANCE AND COORDINATION WITH THE UNITED 
              STATES INTERNATIONAL COMMUNICATIONS AGENCY AND THE 
              FREEDOM NEWS NETWORK DURING INTERNATIONAL BROADCAST 
              SURGES.

    (a) In General.--Subject to a formal request from the Chair of the 
Board of the United States International Communications Agency, Federal 
agency heads shall assist and coordinate with the Agency to facilitate 
a temporary broadcasting surge or enhance transmission capacity for 
such a temporary broadcasting surge for the Agency, the Freedom News 
Network, or both.
    (b) Actions.--In accordance with subsection (a), Federal agency 
heads shall assist or coordinate with the United States International 
Communications Agency by--
            (1) supplying or facilitating access to, or use of--
                    (A) United States Government-owned transmission 
                capacity, including the use of transmission facilities, 
                equipment, resources, and personnel; and
                    (B) other non-transmission-related United States 
                Government-owned facilities, equipment, resources, and 
                personnel;
            (2) communicating and coordinating with foreign host 
        governments on behalf of, or in conjunction with, the Agency or 
        the Freedom News Network;
            (3) providing, or assisting in the obtaining of, in-country 
        security services for the safety and protection of Agency or 
        Freedom News Network personnel; and
            (4) providing or facilitating access to any other United 
        States Government-owned resources.
    (c) Prohibition.--Notwithstanding any other provision of law, 
neither Federal agency heads nor their agencies shall receive any 
reimbursement or compensatory appropriations for complying with 
implementing this section.

SEC. 133. FREEDOM NEWS NETWORK RIGHT OF FIRST REFUSAL IN INSTANCES OF 
              FEDERAL DISPOSAL OF RADIO OR TELEVISION BROADCAST 
              TRANSMISSION FACILITIES OR EQUIPMENT.

    (a) In General.--Notwithstanding any other provision of law, it 
shall be the policy of the United States International Communications 
Agency to, in the event it intends to dispose of any radio or 
television broadcast transmission facilities or equipment, provide the 
Freedom News Network with the right of first refusal with respect to 
the acquisition of such facilities and equipment.
    (b) Transfer and Disposal.--Pursuant to subsection (a)--
            (1) in the event the Freedom News Network is willing to 
        accept the facilities and equipment referred to in such 
        subsection, the United States International Communications 
        Agency shall transfer to the Freedom News Network such 
        facilities and equipment at no cost to the Freedom News 
        Network; or
            (2) in the event the Freedom News Network opts to not 
        accept such facilities and equipment, the United States 
        International Communications Agency may sell such facilities 
        and equipment at market price, and retain any revenue from such 
        sales.
    (c) Rules Regarding Certain Funds.--Pursuant to subsections (b) and 
(c), any revenues that the United States International Communications 
Agency shall derive from such sales shall be used entirely for the 
purposes or research, development, and deployment of innovative 
broadcasting or circumvention technology.

SEC. 134. REPEAL OF THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF 
              1994.

    The United States International Broadcasting Act of 1994 (22 U.S.C. 
6201 et seq.; title III of Public Law 103-236) is repealed (and the 
items relating to title III in the table of contents of such Public Law 
are struck).

SEC. 135. EFFECTIVE DATE.

    This title shall take effect on the date that is 180 days after the 
date of the enactment of this Act.

                   TITLE II--THE FREEDOM NEWS NETWORK

SEC. 201. SENSE OF CONGRESS.

    It is the sense of Congress that RFE/RL, Incorporated, Radio Free 
Asia, and the Middle East Broadcasting Networks, Incorporated share a 
common mission with distinct geographic foci, and should therefore be 
merged into a single organization, with distinct marketing brands to 
provide the news and related programming and content in countries where 
free media are not established.

      Subtitle A--Consolidation of Existing Grantee Organizations

SEC. 211. FORMATION OF THE FREEDOM NEWS NETWORK FROM EXISTING GRANTEES.

    (a) In General.--When the conditions specified in section 110 are 
satisfied, the Freedom News Network, comprised of the consolidation of 
RFE/RL Incorporated, Radio Free Asia, and the Middle East Broadcasting 
Networks, Incorporated, shall exist to carry out all international 
broadcasting activities supported by the United States Government, in 
accordance with sections 212 and 213.
    (b) Maintenance of the Existing Individual Grantee Brands.--RFE/RL, 
Incorporated, Radio Free Asia, and the Middle East Broadcasting 
Networks, Incorporated shall remain brand names under which news and 
related programming and content may be disseminated by the Freedom News 
Network. Additional brands may be created as necessary.

SEC. 212. MISSION OF THE FREEDOM NEWS NETWORK.

    The Freedom News Network established under section 211 shall--
            (1) provide uncensored local and regional news and analysis 
        to people in societies where a robust, indigenous, independent, 
        and free media does not exist;
            (2) strengthen civil societies by promoting democratic 
        values and promoting equality and the rights of the individual, 
        including for marginalized groups, such as women and 
        minorities;
            (3) help countries improve their indigenous capacity to 
        enhance media professionalism and independence, and develop 
        partnerships with local media outlets, as appropriate; and
            (4) promote access to uncensored sources of information, 
        especially via the internet, and use all effective and 
        efficient mediums of communication to reach target audiences.

SEC. 213. STANDARDS AND PRINCIPLES OF THE FREEDOM NEWS NETWORK.

    The broadcasting of the Freedom News Network shall--
            (1) be consistent with the broad foreign policy objectives 
        of the United States;
            (2) be consistent with the international telecommunications 
        policies and treaty obligations of the United States;
            (3) be conducted in accordance with the highest 
        professional standards of broadcast journalism;
            (4) be based on reliable information about its potential 
        audience;
            (5) be designed so as to effectively reach a significant 
        audience; and
            (6) prioritize programming to populations in countries 
        without independent indigenous media outlets.

          Subtitle B--Organization of the Freedom News Network

SEC. 221. GOVERNANCE OF THE FREEDOM NEWS NETWORK.

    (a) Board of the Freedom News Network.--A board shall oversee the 
Freedom News Network and consist of nine individuals with a 
demonstrated background in media or the promotion of democracy and 
experience in measuring media impact.
    (b) Composition of First Board of the Freedom News Network.--Not 
later than 90 days after the date of the enactment of this Act, the 
Presidents of RFE/RL Incorporated, Radio Free Asia, and the Middle East 
Broadcasting Networks shall--
            (1) identify, in consultation with the appropriate 
        congressional committees, candidates for the first board of the 
        Freedom News Network;
            (2) direct the appointment of board members; and
            (3) select the first chair of the board of the Freedom News 
        Network.
    (c) Congressional Consultation Regarding the First Board of the 
Freedom News Network.--The individuals appointed pursuant to subsection 
(b) shall serve as members of the first board of the Freedom News 
Network unless a joint resolution of disapproval is enacted.
    (d) Operations of the First Board of the Freedom News Network.--
            (1) In general.--The board of the Freedom News Network 
        shall have nine members charged with the sole responsibility to 
        operate the Freedom News Network within the legal jurisdiction 
        of its state of incorporation. The board of the Freedom New 
        Network shall exercise due diligence, and execute its fiduciary 
        duties to the corporation without conflict of interests and 
        consistent with section 212. At no time may the United States 
        International Communications Agency add requirements to a grant 
        agreement with the Freedom News Network that could be construed 
        as inappropriate supervision, oversight, or management under 
        chapter 63 of title 31, United States Code. Nothing in this 
        title may be construed to make the Freedom News Network an 
        agency, establishment, or instrumentality of the United States 
        Government, or to make the members of the board of Freedom News 
        Network, or the officers or employees of Freedom News Network, 
        officers of employees of the United States Government.
            (2) Bylaws.--The first board of the Freedom News Network 
        shall write the bylaws of the organization.
            (3) Oversight.--The Freedom News Network shall be subject 
        to the appropriate oversight procedures of Congress.
            (4) Term limits.--The board members of the first board of 
        the Freedom News Network may not serve more than a 3-year term, 
        and shall be replaced in accordance with the bylaws referred to 
        in paragraph (2) and the succession process described in 
        paragraph (5).
            (5) Succession of board members.--The board members of the 
        first board of the Freedom News Network and all subsequent 
        boards shall fill vacancies on the board due to death, 
        resignation, removal, or term expiration through an election 
        process described in the bylaws referred to in paragraph (2) 
        and in accordance with the principle of a ``self-replenishing'' 
        body.
            (6) Selection of board members.--The board members of the 
        Freedom News Network may not be current employees or officers 
        of RFE/RL Incorporated, Radio Free Asia, the Middle East 
        Broadcasting Networks, or the United States International 
        Communications Agency.
    (e) Compensation of Board and Officers of the Freedom News 
Network.--Members of the board of the Freedom News Network may not 
receive any fee, salary, or remuneration of any kind for their service 
as members, except that such members may be reimbursed for reasonable 
expenses, such as board-related travel, incurred with approval of the 
board upon presentation of vouchers. No officers of the Freedom News 
Network, other than the Chief Executive Officer, shall be eligible to 
receive compensation at a rate in excess of the annual rate of basic 
pay for level II on the Executive Schedule under section 5315 of title 
5, United States Code.
    (f) Abolishment of Existing Boards.--The boards of directors of 
RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting 
Networks, Incorporated in existence on the day before the date of the 
enactment of this Act shall be abolished on the date of the first 
official meeting of the first board of the Freedom News Network.
    (g) Chief Executive Officer.--The Chief Executive Officer of the 
Freedom News Network shall serve at the pleasure of the board of the 
Freedom News Network, and be responsible for the day-to-day management 
and operations of the Freedom News Network, including the selection of 
individuals for management positions, ensuring compliance with all 
applicable rules, regulations, laws, and circulars, providing strategic 
vision for the execution of its mission as specified in section 212, 
and carrying out such other responsibilities as set forth in the laws 
of the State of its incorporation.
    (h) Plan for Consolidation of Existing Individual Grantees.--
            (1) In general.--Not later than 180 days after the date of 
        the first official meeting of the first board of the Freedom 
        News Network, the chair of the board of the Freedom News 
        Network shall submit a report to, and consult with, the 
        appropriate congressional committees on the plan to consolidate 
        RFE/RL, Incorporated, Radio Free Asia, and the Middle East 
        Broadcasting Networks, Incorporated into a single non-Federal 
        grantee organization.
            (2) Components.--The consolidation plan referred to in 
        paragraph (1) shall include the following components:
                    (A) The location and distribution of employees, 
                including administrative, managerial, and technical 
                staff, of the Freedom News Network that will be located 
                within and outside the metropolitan area of Washington, 
                D.C.
                    (B) An organizational chart identifying the 
                managerial and supervisory lines of authority among all 
                employees of the Freedom News Network, including the 
                members of the board and chair.
            (3) Time for implementation.--Not later than 3 years after 
        the date of the enactment of this Act, the chair of the board 
        of the Freedom News Network shall fully implement the 
        consolidation plan referred to in paragraph (1) after 
        consultation with the appropriate congressional committees.
            (4) Report.--Not later than 5 years after the date on which 
        initial funding is provided for the purpose of operating the 
        Freedom News Network, the chair of the board of the Freedom 
        News Network shall submit to the appropriate congressional 
        committees a report that details the following:
                    (A) Whether the Freedom News Network is technically 
                sound and cost-effective.
                    (B) Whether the Freedom News Network consistently 
                meets the standards for quality and impact established 
                by this title.
                    (C) Whether the Freedom News Network is receiving a 
                sufficient audience to warrant its continued operation.
                    (D) The extent to which the Freedom News Network's 
                programming and content is already being received by 
                the target audience from other credible indigenous or 
                external sources.
                    (E) The extent to which the broad foreign policy 
                and national security interests of the United States 
                are being served by maintaining operations of the 
                Freedom News Network.

SEC. 222. BUDGET OF THE FREEDOM NEWS NETWORK.

    (a) In General.--The annual budget of the Freedom News Network 
shall consist of the following:
            (1) A grant described in section 110, consisting of the 
        total grants to RFE/RL, Incorporated, Radio Free Asia, and the 
        Middle East Broadcasting Networks, Incorporated before the date 
        of the enactment of this Act.
            (2) Any grants or transfers from other Federal agencies.
            (3) Other funds described in subsection (b).
    (b) Other Sources of Funding.--The Freedom News Network may, to the 
extent authorized by its board and in accordance with applicable laws 
and the mission of the Freedom News Network under section 212 and 
eligible broadcast areas under section 6, collect and utilize non-
Federal funds, except that the Freedom News Network may not accept 
funds from the following:
            (1) Any foreign governments or foreign government 
        officials.
            (2) Any agents, representatives, or surrogates of any 
        foreign government or foreign government official.
            (3) Any foreign-owned corporations or any subsidiaries of 
        any foreign-owned corporation, regardless of whether such 
        subsidiary is United States-owned.
            (4) Any foreign national or individual who is not either a 
        citizen or a legal permanent resident of the United States.
    (c) Annual Strategic Plan of the Freedom News Network.--The Freedom 
News Network shall submit to the appropriate congressional committees 
and the United States International Communications Agency an annual 
strategic plan to satisfy the requirements specified in section 110. 
Each such strategic plan shall outline the following:
            (1) The strategic goals and objectives of the Freedom News 
        Network for the upcoming fiscal year.
            (2) The alignment of the Freedom News Network's resources 
        with the strategic goals and objectives referred to in 
        paragraph (1).
            (3) Clear benchmarks that establish the progress made 
        towards achieving the strategic goals and objectives referred 
        to in paragraph (1).
            (4) A plan to monitor and evaluate the success of the 
        Freedom News Network's broadcasting efforts.
            (5) A reflective analysis on the activities on the past 
        fiscal year.
            (6) Any changes to facility leases, contracts, or ownership 
        that would result in the relocation of staff or personnel.
    (d) Sense of Congress.--It is the sense of Congress that 
administrative and managerial costs for operation of the Freedom News 
Network should be kept to a minimum and, to the maximum extent 
feasible, should not exceed the costs that would have been incurred if 
RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting 
Networks, Incorporated had been operated as independent grantees or as 
a Federal entity within the Voice of America.

SEC. 223. ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.

    (a) Surplus Properties.--In order to assist the Freedom News 
Network in carrying out the provisions of this title, any agency or 
instrumentality of the United States may sell, loan, lease, or grant 
property (including interests therein) to the Freedom News Network as 
necessary.
    (b) Facilities and Broadcasting Infrastructure.--The United States 
International Communications Agency and the Freedom News Network shall 
negotiate an International Cooperative Administrative Support Service 
(ICASS) agreement or memorandum of understanding permitting the 
continued use of technological infrastructure for broadcasting and 
information dissemination, except that the Freedom News Network may 
choose to procure such services through negotiated contracts with 
private-sector providers.

SEC. 224. REPORTS BY THE OFFICE OF THE INSPECTOR GENERAL OF THE 
              DEPARTMENT OF STATE; AUDITS BY GAO.

    (a) IG Reports.--The Inspector General of the Department of State 
shall, as appropriate, submit to the appropriate congressional 
committees reports on management practices of the Freedom News Network, 
including financial reports on unobligated balances.
    (b) GAO Audits.--
            (1) In general.--Financial transactions of the Freedom News 
        Network, as such relate to functions carried out under this 
        Act, may be audited by the Government Accountability Office in 
        accordance with such principles and procedures and under such 
        rules and regulations as may be prescribed by the Comptroller 
        General of the United States. Any such audit shall be conducted 
        at the place or places where accounts of the Freedom News 
        Network are normally kept.
            (2) Access.--Representatives of the Government 
        Accountability Office shall have access to all books, accounts, 
        records, reports, files, papers, and property belonging to or 
        in use by the Freedom News Network pertaining to the financial 
        transactions referred to in paragraph (1) and necessary to 
        facilitate an audit in accordance with such paragraph. All such 
        books, accounts, records, reports, files, papers, and property 
        of the Freedom News Network shall remain in the possession and 
        custody of the Freedom News Network.
    (c) Transfer of Funds.--Notwithstanding any other provision of law, 
1 percent of the funds made available by the United States 
International Communications Agency shall be transferred to the 
Inspector General of the Department of State to cover the expenses of 
carrying out the activities of the Inspector General under this 
section.

SEC. 225. AMENDMENTS TO THE UNITED STATES INFORMATION AND EDUCATIONAL 
              EXCHANGE ACT OF 1948.

    The United States Information and Educational Exchange Act of 1948 
is amended--
            (1) in title V (22 U.S.C. 1461 et seq.), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States International Communications Agency'' each place it 
        appears;
            (2) by amending paragraph (1) of section 501(b) (22 U.S.C. 
        1461(b)) to read as follows:
            ``(1) Except as provided in paragraph (2), the Secretary 
        and the United States International Communications Agency may, 
        upon request and reimbursement of the reasonable costs incurred 
        in fulfilling such a request, make available, in the United 
        States, motion pictures, films, video, audio, and other 
        materials disseminated abroad pursuant to this Act. Any 
        reimbursement pursuant to this paragraph shall be credited to 
        the applicable appropriation account of the Department of State 
        or the United States International Communications Agency, as 
        appropriate. The Secretary and the United States International 
        Communications Agency shall issue necessary regulations.'';
            (3) by repealing sections 504 and 505 (22 U.S.C. 1464 and 
        1464a);
            (4) by redesignating section 506 (22 U.S.C. 1464b) as 
        section 504;
            (5) in section 504, as so redesignated, in subsection (c), 
        in the matter preceding paragraph (1), by striking ``Board'' 
        each place it appears and inserting ``Agency'';
            (6) in clause (iii) of section 604(d)(1)(A) (22 U.S.C. 
        1469(d)(1)(A)), by striking ``Broadcasting Board of Governors'' 
        and inserting ``United States International Communications 
        Agency'';
            (7) in paragraph (3) of section 801 (22 U.S.C. 1471), by 
        striking ``Director of the United States Information Agency'' 
        and inserting ``Chief Executive Officer of the United States 
        International Communications Agency'';
            (8) in subsection (b) of section 802 (22 U.S.C. 1472)--
                    (A) in paragraph (1)(B), by striking ``Director of 
                the United States Information Agency'' and inserting 
                ``Chief Executive Officer of the United States 
                International Communications Agency''; and
                    (B) in paragraph (4)(A), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                International Communications Agency'';
            (9) in paragraph (1) of section 804 (22 U.S.C. 1474), by 
        striking ``Director of the United States Information Agency'' 
        and inserting ``Chief Executive Officer of the United States 
        International Communications Agency'';
            (10) in section 810(b) (22 U.S.C. 1475e(b))--
                    (A) in the matter preceding paragraph (1), by 
                striking ``United States Information Agency'' and 
                inserting ``United States International Communications 
                Agency''; and
                    (B) in paragraph (4), by striking ``International 
                Broadcasting Bureau'' and inserting ``United States 
                International Communications Agency''; and
            (11) in subsection (a) of section 1011 (22 U.S.C. 1442), by 
        striking ``Director of the United States Information Agency'' 
        and inserting ``Chief Executive Officer of the United States 
        International Communications Agency''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. PRESERVATION OF UNITED STATES NATIONAL SECURITY OBJECTIVES.

    The Chief Executive Officer of the United States International 
Communications Agency and the Chief Executive Officer of the Freedom 
News Network shall each establish procedures to vet and monitor 
employees of each such agency for affiliations to terrorist 
organizations, foreign governments, or agents of foreign governments to 
protect against espionage, sabotage, foreign propaganda messaging, and 
other subversive activities that undermine United States national 
security objectives.

SEC. 302. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

    (a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 2015 
and for each subsequent fiscal year, any funds appropriated for the 
purposes of broadcasting subject to supervision of the Board of the 
United States International Communications Agency shall not be 
available for obligation or expenditure--
            (1) unless such funds are appropriated pursuant to an 
        authorization of appropriations; or
            (2) in excess of the authorized level of appropriations.
    (b) Subsequent Authorization.--The limitation under subsection (a) 
of this section shall not apply to the extent that an authorization of 
appropriations is enacted after such funds are appropriated.
    (c) Application.--The provisions of this section--
            (1) may not be superseded, except by a provision of law 
        which specifically repeals, modifies, or supersedes the 
        provisions of this section; and
            (2) shall not apply to, or affect in any manner, permanent 
        appropriations, trust funds, and other similar accounts which 
        are authorized by law and administered under or pursuant to 
        this Act.

            Passed the House of Representatives July 28, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4490

_______________________________________________________________________

                                 AN ACT

To enhance the missions, objectives, and effectiveness of United States 
         international communications, and for other purposes.
```