Sec. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994

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## SEC. 1288 MODIFICATION OF UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994 The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.; Public Law 103-236) is amended— ####

(1)by amending section 304 (22 U.S.C. 6203) to read as follows: > > ## “SEC. 304 ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE BROADCASTING BOARD OF GOVERNORS > > > ### “(a) Continued Existence Within Executive Branch > > The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United States Code. > > > ### “(b) Chief Executive Officer > > > #### “(1) In general > > The head of the Broadcasting Board of Governors shall be a Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. Notwithstanding any other provision of law, until such time as a Chief Executive Officer is appointed and has qualified, the current or acting Chief Executive Officer appointed by the Board may continue to serve and exercise the authorities and powers under this Act. > > > #### “(2) Term > > The first Chief Executive Officer appointed pursuant to paragraph

(1)shall serve for an initial term of three years. > > > #### “(3) Compensation > > A Chief Executive Officer appointed pursuant to paragraph

(1)shall be compensated at the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code. > > > ### “(c) Termination of Director of International Broadcasting Bureau > > Effective on the date of the enactment of this section, the position of the Director of the International Broadcasting Bureau shall be terminated, and all of the responsibilities, offices, authorities, and immunities of the Director or the Board under this or any other Act or authority before such date of enactment shall be transferred or available to, assumed by, or overseen by the Chief Executive Officer, as head of the Board. > > > ### “(d) Immunity From Civil Liability > > Notwithstanding any other provision of law, all limitations on liability that apply to the Chief Executive Officer shall also apply to members of the boards of directors of RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, or any organization that consolidates such entities when such members are acting in their official capacities.” > ; ####

(2)in section 305 (22 U.S.C. 6204)— #####

(A)in subsection (a)— ######

(i)by striking “Board” each place it appears and inserting “Chief Executive Officer”; ######

(ii)in paragraph (1), by inserting “direct and” before “supervise”; ######

(iii)in paragraph (5)— ######

(I)by inserting “and cooperative agreements” after “grants”; and ######

(II)by striking “in accordance with sections 308 and 309” and inserting “in furtherance of the purposes of this Act and on behalf of other agencies, accordingly”; ######

(iv)in paragraph (6)— ######

(I)by striking “International Broadcasting Bureau” and inserting “Board”; and ######

(II)by striking “subject to the limitations in sections 308 and 309 and”; ######

(v)in paragraph (10)— ######

(I)by inserting “, rent, or lease” after “procure”; and ######

(II)by striking “personal property” and inserting “property for journalism, media, production, and broadcasting, and related support services, notwithstanding any other provision of law relating to such acquisition, rental, or lease, and under the same terms and conditions as authorized under section 501(b) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461(b)), and for multiyear contracts and leases for periods of up to 20 years subject to the requirements of subsections

(b)through

(f)of section 3903 of title 41, United States Code”; ######

(vi)in paragraph (11)— ######

(I)by striking “staff”; ######

(II)by striking “as the Board” and inserting “as the Chief Executive Officer”; and ######

(III)by striking “subject” and inserting “which shall not be subject”; ######

(vii)in paragraph (13)— ######

(I)by striking “Bureau” and inserting “Board”; and ######

(II)by striking “Board has taken” and inserting “Chief Executive Officer has taken”; ######

(viii)in paragraph (14)— ######

(I)by inserting “transmission or” before “relay”; and ######

(II)by inserting “or any other grantee authorized under this Act” after “Radio Free Asia”; ######

(ix)in paragraph (15)(A), by striking— ######

(I)“temporary and intermittent”; and ######

(II)“to the same extent as is authorized by section 3109 of title 5, United States Code,”; ######

(x)in paragraph (16), by striking “Board determines” and inserting “Chief Executive Officer determines”; ######

(xi)in paragraph (18), by striking “the Bureau” and inserting “the Chief Executive Officer”; and ######

(xii)by adding at the end the following new paragraphs: > > #### “(20) > > Notwithstanding any other provision of law, including section 308(a), to condition, if appropriate, any grant or cooperative agreement to RFE/RL, Inc., Radio Free Asia, or the Middle East Broadcasting Networks, or any organization that is established through the consolidation of such entities, on authority to determine membership of their respective boards, and the consolidation of such grantee entities into a single grantee organization under terms and conditions established by the Board. > > > #### “(21) > > To redirect or reprogram funds within the scope of any grant or cooperative agreement, or between grantees, as necessary (and not later than 15 days before any such redirection of funds between language services, to notify the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate regarding such redirection), and to condition grants or cooperative agreements, if appropriate, on such grants or cooperative agreements or any similar amendments as authorized under section 308(a), including authority to name and replace the board of any grantee authorized under this Act, including with Federal officials, to meet the purposes of this Act. > > > #### “(22) > > To change the name of the Board pursuant to congressional notification 60 days prior to any such change.” > ; #####

(B)by striking subsections

(b)and (c); and #####

(C)by redesignating subsection

(d)as subsection (b); and #####

(D)in subsection

(b)(as so redesignated)— ######

(i)by striking “and the Board” and inserting “and the Chief Executive Officer”; and ######

(ii)by striking “International Broadcasting Bureau” and inserting “Board”; ####

(3)by amending section 306 (22 U.S.C. 6205) to read as follows: > > ## “SEC. 306 ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING ADVISORY BOARD > > > ### “(a) In General > > Except as provided in subsection (b)(2), the International Broadcasting Advisory Board (referred to in this section as the ‘Advisory Board’) shall consist of five members, including the Secretary of State, appointed by the President and in accordance with subsection (d), to advise the Chief Executive Officer of the Broadcasting Board of Governors, as appropriate. > > > ### “(b) Retention of Existing BBG Board Members > > > #### “(1) In general > > The presidentially appointed and Senate-confirmed members of the Board of the Broadcasting Board of Governors who are serving on unexpired terms as of the date of the enactment of this section shall— > > > ##### “(A) > > constitute the first Advisory Board; and > > > ##### “(B) > > hold office for the remainder of their original terms of office without reappointment to the Advisory Board. > > > #### “(2) Effect of additional members > > If, on the date of the enactment of this section, more than five members described in subsection

(a)are serving their original terms of office on the Broadcasting Board of Governors, each such member may serve on the Advisory Board for a period equal to the time remaining on each such member’s respective term without reappointment. > > > ### “(c) Terms of Office > > > #### “(1) In general > > Except as provided in paragraph (2), the term of office of each member of the Advisory Board appointed pursuant to subsection

(a)shall be three years. > > > #### “(2) Vacancies > > If a vacancy on the Advisory Board occurs before the expiration of the term of the member who created such vacancy— > > > ##### “(A) > > the President shall appoint a new member to fill such vacancy in accordance with subsection (d); and > > > ##### “(B) > > the member appointed pursuant to such subsection shall serve for the remainder of such term. > > > #### “(3) Service beyond term prohibited > > Members may not serve beyond the term for which they were appointed. > > > ### “(d) Selection of the Board > > In identifying individuals for appointment to the Advisory Board under subsection (a), the President shall appoint United States citizens— > > > #### “(1) > > who, with the exception of the Secretary of State, are not regular, full-time employees of the United States Government; and > > > #### “(2) > > distinguished in the fields of public diplomacy, mass communications, print, broadcast or digital media, or foreign affairs, of whom— > > > ##### “(A) > > one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Affairs of the House of Representatives; > > > ##### “(B) > > one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Affairs of the House of Representatives; > > > ##### “(C) > > one individual should be appointed from among a list of at least three individuals submitted by the Chair of the Committee on Foreign Relations of the Senate; and > > > ##### “(D) > > one individual should be appointed from among a list of at least three individuals submitted by the Ranking Member of the Committee on Foreign Relations of the Senate. > > > ### “(e) Functions of the Board > > The members of the Advisory Board shall perform the following advisory functions: > > > #### “(1) > > To provide the Chief Executive Officer of the Broadcasting Board of Governors with counsel and recommendations for improving the effectiveness and efficiency of the agency and its programming. > > > #### “(2) > > To meet with the Chief Executive Officer at least twice annually and at additional meetings at the request of the Chief Executive Officer. > > > #### “(3) > > To report periodically or upon request to the congressional committees specified in subsection (d)(2) regarding its counsel and recommendations for improving the effectiveness and efficiency of the Broadcasting Board of Governors and its programming. > > > #### “(4) > > To obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection. > > > ### “(f) Compensation > > Members of the Advisory Board, including the Secretary of State, may not receive any fee, salary, or remuneration of any kind for their service as members.” > ; ####

(4)by striking section 307 (22 U.S.C. 6206); ####

(5)in section 308 (22 U.S.C. 6207)— #####

(A)in subsection (a)(1), by striking “of the Broadcasting Board of Governors established under section 304 and no other members” and inserting “authorized under section 305(a)(20)”; #####

(B)by amending subsection

(d)to read as follows: > > ### “(d) Alternative Grantee > > If the Chief Executive Officer determines at any time that RFE/RL, Incorporated is not carrying out the functions described in this section in an effective and economical manner, the Board may award the grant to carry out such functions to another entity.” > ; and #####

(C)in subsection (g)(4)— ######

(i)by striking “International Broadcasting Bureau” and inserting “any other grantee of the Board”; and ######

(ii)by striking “by the Board” and inserting “by the Chief Executive Officer”; and #####

(D)in subsection (i), by striking “(1) Effective” and inserting “Effective”; ####

(6)in section 309 (22 U.S.C. 6208)— #####

(A)in subsection (f)(2), by striking “Chairman of the Board” and inserting “Chief Executive Officer of the Board”; #####

(B)by redesignating subsection

(g)as subsection (h); and #####

(C)by inserting after subsection

(f)the following new subsection: > > ### “(g) Alternative Grantee > > If the Chief Executive Officer determines at any time that Radio Free Asia is not carrying out the functions described in this section in an effective and economical manner, the Board may award the grant to carry out such functions to another entity.” > ; ####

(7)by inserting after section 309 (22 U.S.C. 6208) the following new sections: > > ## “SEC. 310 BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE OFFICER > > **[**[22 U.S.C. 6209](/us/usc/t22/s6209)**]** > > > ### “(a) Consolidation of Grantee Organizations > > > #### “(1) In general > > The Chief Executive Officer, subject to the regular notification procedures of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, who is authorized to incorporate a grantee, may condition annual grants to RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on the consolidation of such grantees into a single, consolidated private, non-profit corporation (in accordance with section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of such Code), in such a manner and under such terms and conditions as determined by the Chief Executive Officer, which may broadcast and provide news and information to audiences wherever the agency may broadcast, for activities that the Chief Executive Officer determines are consistent with the purposes of this Act, including the terms and conditions of subsections (g)(5), (h), (i), and

(j)of section 308, except that the Agency may select any name for such a consolidated grantee. > > > #### “(2) Special rule > > No State or political subdivision of a State may establish, enforce, or continue in effect any provision of law or legal requirement that is different from, or is in conflict with, any requirement or authority applicable under this Act relating to the consolidation, incorporation, structure, or dissolution of any grantee under this Act. > > > ### “(b) Mission > > The consolidated grantee established under subsection

(a)shall— > > > #### “(1) > > counter state-sponsored propaganda which undermines the national security or foreign policy interests of the United States and its allies; > > > #### “(2) > > provide uncensored local and regional news and analysis to people in societies where a robust, indigenous, independent, and free media does not exist; > > > #### “(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 unrestricted access to uncensored sources of information, especially via the internet, and use all effective and efficient mediums of communication to reach target audiences. > > > ### “(c) Federal Status > > Nothing in this or any other Act, or any action taken pursuant to this or any other Act, may be construed to make such a consolidated grantee described in subsection

(a)or RFE/RL, Inc., Radio Free Asia, or the Middle East Broadcasting Networks or any other grantee or entity provided funding by the agency a Federal agency or instrumentality. Employees or staff of such grantees or entities may not be Federal employees. For purposes of this section and this Act, the term ‘grant’ includes agreements under section 6305 of title 31, United States Code, and the term ‘grantee’ includes recipients of such agreements. > > > ### “(d) Leadership of Grantee Organizations > > Officers and directors of RFE/RL Inc., Radio Free Asia, and the Middle East Broadcasting Networks or any organization that is established through the consolidation of such entities, or authorized under this Act, shall serve at the pleasure of and may be named by the Chief Executive Officer of the Board. > > > ### “(e) Maintenance of the Existing Individual Grantee Brands > > RFE/RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting Networks, Incorporated should remain brand names under which news and related programming and content may be disseminated by the consolidated grantee. Additional brands may be created as necessary. > > > ## “SEC. 310A INSPECTOR GENERAL AUTHORITIES > > **[**[22 U.S.C. 6209a](/us/usc/t22/s6209a)**]** > > > ### “(a) In General > > The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting Board of Governors as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) with respect to the Department of State. > > > ### “(b) Respect for Journalistic Integrity of Broadcasters > > The Inspector General of the Department of State and the Foreign Service shall respect the journalistic integrity of all the broadcasters covered by this Act and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts. > > > ## “SEC. 310B ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY GUIDANCE > > **[**[22 U.S.C. 6209b](/us/usc/t22/s6209b)**]** > > “To assist the Board in carrying out its functions, the Chief Executive Officer shall regularly consult with and seek from the Secretary of State guidance on foreign policy issues.” > ; and ####

(8)in section 314 (22 U.S.C. 6213)— #####

(A)by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and #####

(B)by inserting after paragraph

(1)the following new paragraph: > > #### “(4) > > the terms ‘Board’ and ‘Chief Executive Officer of the Board’ mean the Broadcasting Board of Governors and the position, respectively, authorized in accordance with this Act;” > .

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