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Federal Register/Vol. 85, No. 238/Thursday, December 10, 2020

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Federal Register/Vol. 85, No. 238/Thursday, December 10, 2020 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations 79427 * * * * * of International Broadcasting Act and with United States treaty Issued in Washington, DC, on December 3, (‘‘IBA’’) (22 U.S.C. 6204(b)). obligations); id. section 6202(b)(1), (3) 2020. The Regulation was promulgated only (mandating that United States George Gonzalez, when it became apparent that the international broadcasting include leadership of USAGM was about to Acting Manager, Rules and Regulations ‘‘news which is consistently reliable Group. change via Senate confirmation of a and authoritative, accurate, objective, USAGM Chief Executive Officer [FR Doc. 2020–26920 Filed 12–9–20; 8:45 am] and comprehensive’’ and constitutes a (‘‘CEO’’). See Firewall and Highest ‘‘clear and effective presentation of the BILLING CODE 4910–13–P Standards of Professional Journalism, policies of the United States 85 FR at 36150 (expressly identifying Government and responsible discussion the pending end of the Board’s tenure as and opinion on those policies’’); id. UNITED STATES AGENCY FOR the motivating factor for the timing and section 6202(b)(4) (requiring United GLOBAL MEDIA issuance of the Regulation). Senate States international broadcasting to confirmation of a CEO caused the BBG 22 CFR Chapter V include ‘‘the capability to provide a to dissolve, and transferred all of its surge capacity to support United States RIN 3112–AA03 powers to the CEO. See 22 U.S.C. foreign policy objectives during crises 6203(b)(1). abroad’’). Repeal of Regulation Entitled Firewall At its core, the Regulation asserts that Upon taking office, the CEO directed and Highest Standards of Professional ‘‘a firewall exists between anybody a review of the Regulation and sought Journalism involved with any aspect of journalism external legal counsel. (e.g., the creation, editing, reporting, AGENCY: United States Agency for The Regulation is hereby repealed. distributing, etc., of content) and Global Media (formerly Broadcasting everyone else in the organization,’’ and I. There Is Tension Between the Board of Governors). that this former Board-preferred policy Regulation on the One Hand, and ACTION: Final rule. is violated when anyone outside of the USAGM’s Statutory Mission and Article II of the Constitution on the SUMMARY: The United States Agency for ‘‘newsroom’’ ‘‘attempts to direct, Other Global Media (formerly known as the pressure, coerce, threaten, interfere Broadcasting Board of Governors) is with, or otherwise impermissibly A. USAGM’s Statutory Mission influence any of the USAGM Networks, repealing the regulation entitled Since United States international ‘‘Firewall and Highest Standards of including their leadership, officers, employees, or staff, in the performance broadcasting was first codified in 1948, Professional Journalism’’ published on the statutory objective was—and still June 15, 2020. of their journalistic and broadcasting duties and activities.’’ 22 CFR 531.3(b), is—‘‘to enable the Government of the DATES: This rule is effective without (c). This regulatory instruction by its United States to promote a better actual notice as of December 10, 2020. terms suggests USAGM is a typical understanding of the United States in For the purposes of enforcement, actual broadcasting organization, which other countries . [including by] an notice will be used as of October 26, squarely contradicts USAGM’s statutory information service to disseminate 2020. mandate to promote particular United abroad information about the United FOR FURTHER INFORMATION CONTACT: States values and interests. See, e.g., 22 States, its people, and policies . .’’ Daniel Rosenholtz at Rule_Comments@ U.S.C. 6202(a)(1)–(2) (mandating that United States Information and usagm.gov or (202) 920–2342. United States international broadcasting Educational Exchange Act of 1948, SUPPLEMENTARY INFORMATION: be consistent with United States foreign Public Law 80–402, section 2, 62 Stat. policy objectives, international 6, 6 (1948) (codified at 22 U.S.C. 1431). Background telecommunications policies, and When VOA was codified in statute in The United States Agency for Global United States treaty obligations); id. 1976, Congress made clear that VOA’s Media (‘‘USAGM’’) is an agency of the Section 6202(a)(8) (mandating the purpose was to serve American interests Federal Government that exercises promotion of ‘‘respect for human rights, abroad. VOA was to ‘‘communicat[e] authority over non-military United including freedom of religion’’). Unlike directly with the peoples of the world States government broadcasting. private broadcasting organizations, the by radio’’ to serve the ‘‘long-range USAGM, which was created by the mission of USAGM from its statutory interests of the United States’’ as International Broadcasting Act of 1994 origins has been to support United governed by enumerated principles under a different name, currently States foreign policy goals by furthering which have been codified in the VOA operates five networks—Voice of American values and facilitating the Charter. ‘‘VOA will serve as a America (‘‘VOA’’), the Office of Cuba dissemination of objectively accurate consistently reliable and authoritative Broadcasting (‘‘OCB’’), Radio Free factual news and information overseas. source of news [that is] accurate, Europe/Radio Liberty (‘‘RFE/RL’’), See United States Information and objective, and comprehensive’’; Radio Free Asia (‘‘RFA’’) and the Educational Exchange Act of 1948, ‘‘represent America . and . Middle East Broadcasting Networks Public Law 80–402, section 2, 62 Stat. present a balanced and comprehensive (‘‘MBN’’) (collectively the ‘‘USAGM 6, 6 (1948); see also, e.g., id. section projection of significant American Networks’’ or ‘‘Networks’’). 6201(2) (noting that the values furthered thought’’; and ‘‘present the policies of On June 4, 2020, the Broadcasting by the agency such as the ‘‘[o]pen the United States clearly and effectively, Board of Governors (‘‘BBG’’), USAGM’s communication of information and and . present responsible discussion leadership at the time, promulgated a ideas among the peoples of the world,’’ and opinion on these policies.’’ Foreign regulation governing internal agency further international peace and stability, Relations Authorization Act, FY 1977, operations, Firewall and Highest and serve ‘‘the interests of the United Public Law 94–350, section 206, 90 Stat. Standards of Professional Journalism, States’’); id. section 6202(a)(1), (3) 823, 831–32 (1976). 85 FR 36150 (June 15, 2020) (codified at (requiring United States broadcasting to The current statutory mission of 22 CFR part 531) (the ‘‘Regulation’’) that ‘‘be consistent with the broad foreign USAGM is to serve United States purported to implement section 305(b) policy objectives of the United States’’ interests through Government VerDate Sep<11>2014 16:15 Dec 09, 2020 Jkt 253001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1 jbell on DSKJLSW7X2PROD with RULES 79428 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations sponsored news abroad. Under the IBA, 6202(a)(4) (prohibiting United States pursuant to this title.’’ Id. section United States international broadcasting international broadcasting from 6204(a)(1). must: ‘‘duplicat[ing] the activities of • ‘‘To review and evaluate the • ‘‘[B]e consistent with the broad government supported broadcasting mission and operation of, and to assess foreign policy objectives of the United entities of other democratic nations’’). the quality, effectiveness, and States.’’ Id. section 6202(a)(1). By design, their purpose and focus is professional integrity, of all such • ‘‘[B]e consistent with the foreign relations and the promotion of activities within the context of the broad international telecommunications American objectives—not simply foreign policy objectives of the United policies and treaty obligations of the presenting news or engaging in States.’’ Id. section 6204(a)(2). • United States.’’ Id. section 6202(a)(2). journalistic expression. For example, ‘‘To ensure that United States • ‘‘[I]nclude a balanced and the Networks are to articulate the international broadcasting is conducted comprehensive projection of United American perspective while countering in accordance with the standards and States thought and institutions, international views that undermine principles’’ set forth in the IBA. Id. reflecting the diversity of United States section 6204(a)(3). American values and freedom, or that • culture and society.’’ Id. section might aid our enemies’ messaging, by ‘‘To review, evaluate, and 6202(b)(2). determine, at least annually, after • providing a ‘‘clear and effective ‘‘[I]nclude clear and effective presentation of the policies of the consultation with the Secretary of State, presentation of the policies of the United States Government and the addition or deletion of language United States Government and responsible discussion and opinion on services.’’ Id. section 6204(a)(4). responsible discussion and opinion on • To take a number of different those policies.’’ Id. section 6202(b)(3). those policies, including editorials, expansive personnel, materiel, and They also counter soft-power through broadcast by the Voice of America, contracting actions. Id. section news in countries without a free media which present the views of the United 6204(a)(8), (10)–(11), (15)–(19). by presenting ‘‘a variety of opinions and States Government.’’ Id. section • ‘‘To redirect or reprogram funds voices
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