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Title II — The Freedom News Network

H.R. 4490 · 113th Congress · Jul 29, 2014 · Lineage

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.

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.

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”.