Sec. 110. Grants to the Freedom News Network
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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:
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. 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. A plan for content sharing has been developed in accordance with section 112(a)(3). A strategic plan for programming implementation has been developed as specified in section 222(c), including the following elements: The strategic goals and objectives of the Freedom News Network for the upcoming fiscal year. The alignment of the Freedom News Network’s resources with the strategic goals and objectives referred to in subparagraph (A). Clear benchmarks that establish the progress made towards achieving the strategic goals and objectives referred to in subparagraph (A). A plan to monitor and evaluate the success of the Freedom News Network’s broadcasting efforts. A reflective analysis on the activities on the past fiscal year. Any changes to facility leases, contracts, or ownership that would result in the relocation of staff or personnel. Any changes to broadcast languages, including the transfer of language services to the Freedom News Network from the United States International Communications Agency, or to an organization other than the Freedom New Network. 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. 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. Nothing in this Act may be construed to make the Freedom News Network a Federal agency or instrumentality. 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. 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: 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. The Freedom News Network shall comply with the requirements of this section. 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. 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. 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. 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. 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). Grants authorized under this section may not be used for the following purposes: 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 III of the Executive Schedule under section 5314 of such title. 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. 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 II of the Executive Schedule under section 5313 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(e). For any activity intended to influence the passage or defeat of legislation being considered by Congress. 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. For first class travel for any employee of the Freedom News Network, or the relative of any such employee.