II 115th CONGRESS 2d Session S. 3654 IN THE SENATE OF THE UNITED STATES November 15, 2018 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the United States International Broadcasting Act of 1994, to avoid the duplication of public diplomacy programs and efforts, to improve the research and evaluation of public diplomacy, and for other purposes.

1. Short title This Act may be cited as the U.S. Agency for Global Media Reform Act . 2. Limitation on corporate leadership of grantees Section 305 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204 ) is amended by inserting after subsection (b) the following: (c) Limitation on corporate leadership of grantees The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, or any other statutorily authorized grantee (collectively referred to as the Agency Grantee Networks ) unless the incorporation documents of the grantee require that the corporate leadership and Board of Directors of the grantee be selected in accordance with this Act. . 3. International Broadcasting Advisory Board Section 306 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6205 ) is amended— (1) by striking subsections (a) through (c) and inserting the following: (a) In general The International Broadcasting Advisory Board (referred to in this section as the Advisory Board ) shall advise the Chief Executive Officer of the United States Agency for Global Media, as appropriate. (b) Retention of existing Broadcasting Board of Governors Members The presidentially appointed and Senate-confirmed members of the Board of the Broadcasting Board of Governors who were serving as of December 23, 2016, shall— (1) constitute the first Advisory Board; and (2) hold office until replaced without reappointment to the Advisory Board. (c) Composition of the Advisory Board (1) In general The Advisory Board shall consist of 7 members, of whom— (A) 6 shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (d); and (B) 1 shall be the Secretary of State. (2) Chair The President shall designate, with the advice and consent of the Senate one of the members appointed under paragraph (1)(A) as Chair of the Advisory Board. (3) Party limitation Not more than 4 members of the Advisory Board appointed under paragraph (1)(A) may be affiliated with the same political party. (4) Terms of office (A) In general Except as provided in subparagraph (B), members of the Advisory Board shall serve for a single term of 4 years, except that, of the first group of members appointed under paragraph (1)(A)— (i) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act ; (ii) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act ; and (iii) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act . (B) Secretary of state The Secretary of State shall serve as a member of the Advisory Board for the duration of his or her tenure as Secretary of State. (5) Vacancies (A) In general The President shall appoint, with the advice and consent of the Senate, additional members to fill vacancies on the Advisory Board occurring before the expiration of a term. (B) Term Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term. (C) Service beyond term Any member whose term has expired shall continual to serve as a member of the Advisory Board until a qualified successor has been appointed and confirmed by the Senate. (D) Secretary of State When there is a vacancy in the office of Secretary of State, the Acting Secretary of State shall serve as a member of the Advisory Board until a new Secretary of State is appointed. ; (2) in subsection (d)— (A) in the subsection heading, by inserting Advisory before Board ; and (B) in paragraph (2), by inserting who are before distinguished ; and (3) by striking subsections (e) and (f) and inserting the following: (e) Functions of the Advisory Board The members of the Advisory Board shall— (1) provide the Chief Executive Officer of the United States Agency for Global Media with advice and recommendations for improving the effectiveness and efficiency of the Agency and its programming; (2) meet with the Chief Executive Officer at least twice annually and at additional meetings at the request of the Chief Executive Officer or the Chair of the Advisory Board; (3) report periodically, or upon request, to the congressional committees specified in subsection (d)(2) regarding its advice and recommendations for improving the effectiveness and efficiency of the United States Agency for Global Media and its programming; (4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection; (5) review budget submissions and strategic plans before they are submitted to the Office of Management and Budget or to Congress; (6) advise the Chief Executive Officer to ensure that— (A) the Chief Executive Officer fully respects the professional integrity and editorial independence of United States Agency for Global Media broadcasters, networks, and grantees; and (B) agency networks, broadcasters, and grantees adhere to the highest professional standards and ethics of journalism, including taking necessary actions to uphold professional standards to produce consistently reliable and authoritative, accurate, objective, and comprehensive news and information; and (7) provide other strategic input to the Chief Executive Officer. (f) Appointment of heads of networks (1) In general The head of Voice of America, of the Office of Cuba Broadcasting, of RFE/RL, Inc., of Radio Free Asia, of the Middle East Broadcasting Networks, or of any other statutorily authorized grantee may only be appointed or removed if such action has been approved by a majority vote of the Advisory Board. (2) Removal After consulting with the Chief Executive Officer, 5 or more members of the Advisory Board may unilaterally remove any such head of network or grantee network described in paragraph (1). (3) Quorum (A) In general A quorum shall consist of 4 members of the Advisory Board (excluding the Secretary of State). (B) Decisions Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present. (C) Authorities The Advisory Board may exercise the authorities set forth in section 305 and any other provision under this title that is relevant to carrying out the Advisory Board’s functions. (D) Closed sessions The Advisory Board may meet in closed sessions in accordance with section 552b of title 5, United States Code. (g) Compensation (1) In general Members of the Advisory Board, while attending meetings of the Advisory Board or while engaged in duties relating to such meetings or in other activities of the Advisory Board under this section (including travel time) shall be entitled to receive compensation equal to the daily equivalent of the compensation prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Travel expenses While away from their homes or regular places of business, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in the Government service employed intermittently. (3) Secretary of state The Secretary of State is not entitled to any compensation under this title, but may be allowed travel expenses in accordance with paragraph (2). (h) Support staff The Chief Executive Officer shall, from within existing United States Agency for Global Media personnel, provide the Advisory Board with an Executive Secretary and such administrative staff and support as may be necessary to enable the Advisory Board to carry out subsections (e) and (f). . 4. Conforming amendments The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq.) is amended— (1) in section 304— (A) in the section heading, by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; (B) in subsection (a), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; (C) in subsection (b)(1), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; and (D) in subsection (c), by striking Board each place such term appears and inserting Agency ; (2) in section 305— (A) in subsection (a)— (i) in paragraph (6), by striking Board and inserting Agency ; (ii) in paragraph (13), by striking Board and inserting Agency ; (iii) in paragraph (20), by striking Board and inserting Agency ; and (iv) in paragraph (22), by striking Board and inserting Agency ; and (B) in subsection (b), by striking Board each place such term appears and inserting Agency ; (3) in section 308— (A) in subsection (a), in the matter preceding paragraph (1), by striking Board and inserting Agency ; (B) in subsection (b), by striking Board each place such term appears and inserting Agency ; (C) in subsection (d), by striking Board and inserting Agency ; (D) in subsection (g), by striking Board each place such term appears and inserting Agency ; (E) in subsection (h)(5), by striking Board and inserting Agency ; and (F) in subsection (i), by striking Board and inserting Agency ; (4) in section 309— (A) in subsection (c)(1), by striking Board each place such term appears and inserting Agency ; (B) in subsection (e), in the matter preceding paragraph (1), by striking Board and inserting Agency ; (C) in subsection (f), by striking Board each place such term appears and inserting Agency ; and (D) in subsection (g), by striking Board and inserting Agency ; (5) in section 310(d), by striking Board and inserting Agency ; (6) in section 310A(a), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; (7) in section 310B, by striking Board and inserting Agency ; (8) in section 313(a), in the matter preceding paragraph (1), strike Board and insert Agency ; (9) in section 314, by striking (4) the terms Board and Chief Executive Officer of the Board means the Broadcasting Board of Governors and inserting the following: (2) the terms Agency and Chief Executive Officer of the Agency mean the United States Agency for Global Media ; and (10) in section 315— (A) in subsection (a)(1), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media ; and (B) in subsection (c), by striking Broadcasting Board of Governors and inserting United States Agency for Global Media . 5. Avoiding duplication of programs and efforts The Under Secretary for Public Diplomacy and Public Affairs of the Department of State shall— (1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department of State; and (2) maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping. 6. Improving research and evaluation of public diplomacy (a) Definitions In this section: (1) Audience research The term audience research means research conducted at the outset of a public diplomacy program or campaign planning and design on specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments. (2) Digital analytics The term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign. (3) Impact evaluation The term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign. (4) Public diplomacy bureaus and offices The term public diplomacy bureaus and offices means— (A) the Bureau of Educational and Cultural Affairs; (B) the Bureau of Public Affairs; (C) the Bureau of International Information Programs; (D) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (E) the Global Engagement Center; and (F) the public diplomacy functions within the regional and functional bureaus. (b) Research and evaluation activities The Secretary of State shall— (1) conduct regular research and evaluation of public diplomacy programs and activities of the Department of State, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and (2) make the findings of the research and evaluations conducted under paragraph (1) available to Congress. (c) Director of Research and Evaluation (1) Appointment Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall appoint a Director of Research and Evaluation (referred to in this subsection as the Director ) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs. (2) Limitation on appointment The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department of State. (3) Responsibilities The Director shall— (A) coordinate and oversee the research and evaluation of public diplomacy programs of the Department of State— (i) to improve public diplomacy strategies and tactics; and (ii) to ensure that programs are increasing the knowledge, understanding, and trust of the United States by relevant target audiences; (B) report to the Director of Policy Planning in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (C) routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department of State; (D) support embassy public affairs sections; (E) share appropriate public diplomacy research and evaluation information within the Department of State and with other Federal departments and agencies; (F) regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and (G) report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (g), regarding the research and evaluation of all public diplomacy bureaus and offices of the Department of State. (4) Guidance and training Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall create guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers regarding the reading and interpretation of public diplomacy program evaluation findings to ensure that such findings and lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities throughout the Department of State. (d) Prioritizing research and evaluation (1) In general The Director of Policy Planning shall ensure that research and evaluation, as coordinated and overseen by the Director of Research and Evaluation, supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department of State. (2) Allocation of resources Amounts allocated for the purposes of research and evaluation of public diplomacy programs and activities pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department of State. (3) Sense of congress It is the sense of Congress that the Department of State should gradually increase its allocation of funds made available under the headings educational and cultural exchange programs and diplomatic and consular programs for research and evaluation of public diplomacy activities and programs pursuant to subsection (a) to a percentage of program funds that is commensurate with government best practices. (e) Limited exemption Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to collections of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to— (1) the United States Information and Educational Exchange Act of 1948 ( 22 U.S.C. 1431 et seq.); (2) the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq.); (3) section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note); or (4) the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.). (f) Limited exemption to the Privacy Act (1) In general The Department of State shall maintain, collect, use, and disseminate records (as defined in section 552a(a)(4) of title 5, United States Code) for research and data analysis of communications related to public diplomacy efforts intended for foreign audiences. (2) Conditions Research and data analysis under paragraph (1) shall be— (A) reasonably tailored to meet the purposes of this subsection; and (B) carried out with due regard for privacy and civil liberties guidance and oversight. (g) United States Advisory Commission on Public Diplomacy (1) Subcommittee for research and evaluation The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee for Research and Evaluation to monitor and advise regarding the research and evaluation activities of the Department of State and the United States Agency for Global Media. (2) Report The Subcommittee for Research and Evaluation established pursuant to paragraph (1) shall submit an annual report to Congress in conjunction with the Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media in carrying out research and evaluations of their respective public diplomacy programming. 7. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) is amended— (1) in the section heading, by striking Sunset and inserting Continuation ; and (2) by striking until October 1, 2020 .