Firewall and Highest Standards of Professional Journalism, 36150-36153 [2020-12696]
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36150
Federal Register / Vol. 85, No. 115 / Monday, June 15, 2020 / Rules and Regulations
with previously exempted products,
HHS concluded that there are ‘‘no
meaningful differences in the abuse
potential for this specific mixture of
active ingredients.’’ Id.
HHS thus concluded that ECI’s
‘‘Esterified Estrogen and
Methyltestosterone H.S. and D.S. tablets
have no abuse potential and therefore
may be exempted from CSA regulation.’’
Id. The ASH thus recommended that
ECI’s ‘‘products be exempted from
scheduling under the CSA.’’ ASH Letter,
at 2. Further, after reviewing several law
enforcement databases, DEA has found
no evidence of significant abuse or
trafficking of these types of products.
Conclusions of Law
Based on the evaluation and
recommendation of the ASH, as well as
DEA having found no evidence of
significant abuse or trafficking of these
types of products, the Assistant
Administrator finds that ‘‘because of
[their] concentration, preparation,
formulation, or delivery system,’’ ECI’s
Esterified Estrogens and
Methyltestosterone 0.625/1.25mg tablets
H.S. and Esterified Estrogens and
Methyltestosterone 1.25/2.5mg tablets
D.S., ‘‘ha[ve] no significant potential for
abuse.’’ 21 CFR 1308.33(a). Information
on these products is given below.
EXEMPT ANABOLIC STEROID PRODUCTS
Trade name
Company
Form
Ingredients
Quantity
Esterified Estrogens and Methyltestosterone 1.25 mg/2.5 mg
D.S.
Esterified Estrogens and Methyltestosterone 0.625mg/1.25mg
H.S.
ECI Pharmaceuticals
LLC.
ECI Pharmaceuticals
LLC.
Tablets ...
Esterified Estrogens
Methyltestosterone ...
Esterified Estrogens
Methyltestosterone ...
1.25 mg/Tablet.
2.5 mg/Tablet.
0.625 mg/Tablet.
1.25 mg/Tablet.
Therefore, the Assistant
Administrator, Diversion Control
Division, hereby orders that the above
products containing anabolic steroids be
exempted from application of sections
302, 303, 305, 307, 309, 1002, 1003,
1004 of the CSA (21 U.S.C. 822–823,
825, 827, 829, a 952–954) and 21 CFR
1301.13, 1301.22 and 1301.71 through
1301.76, and be included in the list of
products described in 21 CFR 1308.34.
These exemptions apply only with
respect to the finished products. To the
extent ECI handles methyltestosterone
in the manufacturing process, because
such material remains a controlled
anabolic steroid, ECI must comply with
all applicable registration, security and
recordkeeping requirements set forth in
the CSA and DEA regulations.
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Opportunity for Comment
Pursuant to 21 CFR 1308.33, any
interested person may submit written
comments on, or objections to, the
exemption of either product listed in
this order, within 60 days of the date of
publication of this, as specified above.
If any comments or objections raise
significant issues regarding any finding
of fact or conclusion of law upon which
this order is based, the Assistant
Administrator, Diversion Control
Division, shall immediately suspend the
effectiveness of this order until he may
reconsider the application in light of the
comments and objections filed. 21 CFR
1308.33. Thereafter, the Assistant
Administrator shall reinstate, revoke, or
amend his original order as he
determines appropriate. Id.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2020–11318 Filed 6–12–20; 8:45 am]
BILLING CODE 4410–09–P
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Tablets ...
BROADCASTING BOARD OF
GOVERNORS
22 CFR Part 531
RIN 3112–AA03
Firewall and Highest Standards of
Professional Journalism
Broadcasting Board of
Governors.
ACTION: Final rule.
AGENCY:
The Broadcasting Board of
Governors is revising its regulations to
clarify the practical meaning and impact
of the statutory firewall contained
within the United States International
Broadcasting Act of 1994, as amended,
upon Agency operations. Consistent
with this action, this rule makes
appropriate conforming changes.
DATES: This rule is effective as of June
11, 2020.
FOR FURTHER INFORMATION CONTACT:
Armanda Mathews, Staff Assistant,
email at: Rule_Comments@usagm.gov or
(202) phone 202–920–2005.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The United States Agency for Global
Media (USAGM), identified in the
International Broadcasting Act of 1994,
as amended, as the Broadcasting Board
of Governors (BBG), is an independent
establishment of the federal government
that exercises authority over nonmilitary United States government
broadcasting.1 USAGM currently
1 Under Section 1288 of the NDAA, the CEO was
authorized to change the name of the Agency. On
August 22, 2018, the CEO exercised this power and
renamed the BBG the United States Agency for
Global Media. This and subsequent CEOs retain the
authority to rename the Agency.
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operates five networks—Voice of
America (VOA), the Office of Cuba
Broadcasting (OCB), Radio Free Europe/
Radio Liberty (RFE/RL), Radio Free Asia
(RFA) and the Middle East Broadcasting
Networks (MBN)—that reach a
cumulative weekly worldwide audience
of approximately 400 million people.
Before reaching the end of its tenure,
the Governing Board of the Agency
wanted to codify and memorialize
definitions and practices associated
with the firewall. In 2016, the Board
created a firewall working group to
investigate the firewall and its sources.
This rule was developed by that
working group and subsequently passed
unanimously by the Governing Board.
(This supplementary information was
added by the Agency to provide
additional background as to impetus for
the rule). The impetus was to demystify
the firewall, including by making clear
what the firewall is not.
The firewall is essential to ensuring
the continued credibility and therefore
effectiveness of the journalism provided
by USAGM funded networks. The
firewall protects the editorial
independence of the networks
journalists. It does not prevent oversight
of the journalism consistent with the
highest standards of professional
journalism and editorial independence;
nor does it prevent VOA or any of the
networks carrying out all enumerated
elements of their mission, including that
of VOA to ‘‘tell America’s Story’’. H.R.
Conf. Rep. No. 432, 104–6 Cong., 2nd
Sess. 127 (1998).
Overview of the Rule
Pursuant to the background above,
and in light of the Board’s desire to
codify a common-sense definition of the
firewall, consistent with the law, the
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Federal Register / Vol. 85, No. 115 / Monday, June 15, 2020 / Rules and Regulations
highest standards of professional
journalism, and longstanding practice,
USAGM has promulgated this
regulation.
This regulation clarifies the practical
meaning of the statutory firewall and its
basis and its impact on Agency
operations
DC 20237 (email at: RulelComments@
usagm.gov).
Effective Date
Having been passed by the Board,
these regulations are already effective
upon the Agency. Publication will
codify them into the Federal Register.
Those provisions pertaining to nonsupervisory employees deemed subject
to collective bargaining requirements set
forth under the Federal Service LaborManagement Relations Statute and the
Agency’s negotiated labor-management
agreements would only become effective
subject to the terms and conditions
within those bargaining agreements.
■
Rulemaking Requirements
1. This final rule has been determined
to be exempt from review for purposes
of Executive Order 12866.
2. This rule does not impose
information collection and
recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the provisions of the
Paperwork Reduction Act of 1995. In
addition, at the time of passage, the
Agency is governed by a bipartisan
Board.
3. This rule does not contain policies
with Federalism implications as this
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this rule
involves a rule of agency organization,
procedure, or practice. 5 U.S.C.
553(b)(B). Further, no other law requires
that a notice of proposed rulemaking
and an opportunity for public comment
be given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
5 U.S.C. or by any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are not applicable.
Accordingly, this rule is issued in
final form. Although there is no formal
comment period, public comments on
this rule are welcome on a continuing
basis. Comments should be submitted to
Armanda Mathews, Staff Assistant,
Broadcasting Board of Governors, 330
Independence Avenue SW, Washington
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List of Subjects in 22 CFR Part 531
Scope and purposes of the statutory
firewall, Editorial independence,
Requirement to adhere highest
professional standards of journalism.
For the foregoing reasons, the
Broadcasting Board of Governors
amends 22 CFR, Chapter V, by adding
part 531, as follows:
PART 531—STATUTORY FIREWALL
AND HIGHEST STANDARDS OF
PROFESSIONAL JOURNALISM
Sec.
531.1
531.2
531.3
531.4
Overview.
Independence and best practices.
Firewall.
Definitions.
Authority: 22 U.S.C. 6201 et seq.; 22 U.S.C.
1465 et seq.; 1465aa et seq.
§ 531.1
Overview.
The Broadcasting Board of Governors,
referred to as the U.S. Agency for Global
Media (USAGM), per section 305(a)(22)
of the IBA, currently provides public
funds to five news media networks: The
Voice of America (VOA), Radio Free
Europe, Radio Liberty (RFE/RL), Radio
Free Asia (RFA), the Middle East
Broadcasting Networks (MBN), and the
Office of Cuba Broadcasting (OCB).
Pursuant to International Broadcasting
Act of 1994, as amended (22 U.S.C. 6201
et seq.) (‘‘the IBA’’ or ‘‘the Act’’), and
other applicable authorities:
(a) All USAGM-funded Networks
must adhere to the highest professional
standards of journalism, pursuant to
section 303(a)(5) of the IBA, in order to
produce news which is consistently
reliable and authoritative, accurate,
objective, and comprehensive, per
section 303(b) of IBA. Accordingly,
USAGM networks necessarily enjoy full
editorial independence in order to
maintain their ‘‘professional
independence and integrity,’’ per
section 305(b) of the IBA. This
statutorily mandated firewall protects
the independence of the networks by
insulating their editorial decisions from
interference from those outside of the
network, or from impermissible
considerations, as set forth herein.
(b) The existence of a firewall does
not mean the absence of oversight. This
firewall shall not be construed to limit
USAGM oversight conducted in a
manner consistent with that conducted
by other media organizations which
operate editorially independent news
divisions that adhere to the highest
standards of journalism; nor does it
prevent federal officials from treating
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the networks like any other news
organization: E.g., They may seek a
correction; provide an interview; serve
as a source; or otherwise interact in the
same manner as they do with any other
news organization.
(c) Editorial independence and
adherence to the highest standards of
professional journalism do not prevent
VOA from adhering fully to each of the
elements of its Charter. The VOA
Charter, currently codified at section
303(c) of the IBA, states that VOA will
serve as a consistently reliable and
authoritative source of news, which
itself will be accurate, objective, and
comprehensive; represent America as a
whole, and thereby present a balanced
and comprehensive projection of
significant American thought and
institutions; and present the policies of
the United States clearly and effectively,
as well as responsible discussions and
opinion on such policies. Editorial
independence and adherence to the
highest standards of professional
journalism, as described herein, allow
for audiences to rely on VOA to be
truthful and accurate. Accordingly,
these principles are considered essential
to meeting the Charter’s mandate that
‘‘to be effective, the Voice of America
must win the attention and respect of
listeners’’ per section 303(c) of the IBA;
S. Rep. No. 703, 94 Cong., 2nd Sess. 15
(1976), reprinted in 1976 U.S.C.C.A.N.
1555, 1569; and H.R. Conf. Rep. No.
432, 105 Cong., 2nd Sess. 127 (1998).
(d) Editorial independence and
adherence to the highest standards of
professional journalism do not preclude
any news organization from publishing
editorials or opinion pieces, clearly
marked as such; as described in
paragraph (d)(5) of this section, VOA is
required to carry editorials which
present the views of the U.S.
Government.
§ 531.2
Independence and best practices.
(a) USAGM-funded networks each
enjoy full editorial independence, as
that term is defined and understood by
best practices of journalism.
(b) Editorial independence includes,
but is not limited to the fact that only
individuals within the network may
make any decisions with respect to
newsgathering or reporting. USAGM
networks and their employees,
including the heads of each network, are
fully insulated from any political or
other external pressures or processes
that would be inconsistent with the
highest standards of professional
journalism.
(c) The heads of each network, and
everyone else therein, are required at all
times to adhere to the highest
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professional standards of journalism,
and must take that into account when
carrying out all their responsibilities.
The highest professional standards of
journalism also require that all elements
of newsgathering, editing, and reporting
are carried out by professional
journalists trained in and held to the
highest industry standards.
(d) Each network is required to
establish and maintain written rules
setting forth the journalistic best
practices for their organization, based
upon the highest professional standards
of professional journalism. These best
practices also preclude any journalist or
other covered individuals at a network,
including the heads of the networks,
from engaging in any activity that would
call into question their neutrality or
impartiality.
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§ 531.3
Firewall.
(a) A statutory ‘firewall,’ provided for
in section 305(b) of the IBA, and
incident to adherence to the highest
professional standards of broadcast
journalism, exists around USAGMfunded networks, their products, and
staff in order to protect their
professional independence and
integrity.
(b) Within any credible news
organization, a firewall exists between
anybody involved with any aspect of
journalism (e.g., the creation, editing,
reporting, distributing, etc., of content)
and everyone else in the organization.
For purposes of USAGM, firewalls exist
between the newsroom of a USAGMnetwork; everyone else in the
organization; and the Executive Branch
of the U.S. Government, as described
herein.
(c) This ‘‘firewall’’ is understood to be
violated when any person within the
Executive Branch or a Network, but
outside the newsroom, attempts to
direct, pressure, coerce, threaten,
interfere with, or otherwise
impermissibly influence any of the
USAGM networks, including their
leadership, officers, employees, or staff,
in the performance of their journalistic
and broadcasting duties and activities. It
is also violated when someone inside
the newsroom acts in furtherance of or
pursuant to such impermissible
influence. Such impermissible influence
would undermine the journalistic and
editorial independence, and thus the
credibility, of that USAGM network,
and their reporters, editors, or other
journalists.
(d) The firewall is critical to ensuring
that the editors, reporters, and other
journalists of the USAGM network make
the decisions on what stories to cover
and how they are covered, and that
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those decisions are ultimately governed
by the highest standards of professional
journalism.
(e) The following are not firewall
violations:
(1) The firewall is not meant to
discourage journalists from interviewing
U.S. Government officials or to
discourage such officials from appearing
on USAGM-funded programs.
(2) The firewall does not prevent
officers or employees within the
Executive Branch, including the State
Department, from engaging with or
speaking about USAGM networks as
they might with any other news
organization. Such interaction could
include but is not limited to:
(i) Publicly or privately commenting
on USAGM stories;
(ii) Publicly or privately reaching out
to journalists in the same manner that
they would do with any other journalist;
(iii) Publicly or privately reaching out
to network staff in the same manner that
they would do with any other network
staff; and
(iv) Otherwise interacting with
journalists and other network staff in
the same manner that they would do
with such staffs’ private sector
counterparts.
(3) The firewall does not prevent a
USAGM CEO or Board from undertaking
the same type of direction and oversight
that those in equivalent leadership
positions in an organization overseeing
other reputable news organizations may
provide, in a manner consistent with the
highest standards of professional
journalism.
(4) In determining which languages to
broadcast, the Agency has prioritized
certain countries and audiences, such as
those under authoritarian rule. The
firewall does not prevent the USAGM
CEO or Board from otherwise
prioritizing certain audiences or
languages, consistent with the statutory
language service review that is carried
out per section 305(a)(4) of the IBA to
determine whether the continued
broadcasting in various languages are
furthering the mission of the networks,
and per section 303(a)(1) of the IBA, are
thus consistent with the broad foreign
policy objectives of the United States.
(5) Per section 303(b)(3) of the IBA,
the firewall does not prohibit the
publication of editorials and other
opinion pieces by U.S. Government
officials, marked clearly as such, on
VOA, expressing policy positions of the
U.S. Government.
§ 531.4
Definitions.
(a) Audience or audiences refers to
foreign audiences overseas, the only
audiences to which USAGM is
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authorized to seek to reach; USAGM or
its networks are not authorized to target
audiences in the United States, and
must take steps set forth in law and
regulation to avoid these audiences.
(b) Board refers to the Board of a
Network; or the Advisory Board.
(c) Everyone else in the organization
in describing a USAGM Network, refers
to anyone within a Network who,
pursuant to the structure of that
Network or the highest standards of
professional journalism, would be
considered to not be part of the
newsroom, i.e., involved with carrying
out any aspect of journalism (e.g., the
creation, editing, reporting, distributing,
etc., of content), and thus outside the
firewall. By definition the USAGM CEO
is not within a Network.
(d) Network, USAGM-funded
Network, or USAGM Network: Refers to
the Voice of America (VOA), Radio Free
Europe, Radio Liberty (RFE/RL), Radio
Free Asia (RFA), the Middle East
Broadcasting Networks (MBN), and the
Office of Cuba Broadcasting (OCB); or
any other network, broadcaster, or
grantee which falls under the Act, or is
overseen by USAGM or a USAGM
network. It does not include any officer
or employee of USAGM not within VOA
or OCB, including the Advisory Board
or the Chief Executive Officer.
(e) Newsroom refers to the news
division of a USAGM-Network. The
scope of the news division depends on
the structure of the Network. Depending
how a Network is organized the head of
that Network may or may not be
considered to be within the news
division. The Board of a Network is
considered to be outside the news
division. Those within the news
division must adhere to the highest
professional standards of journalism in
carrying out their responsibilities. Even
if outside the newsroom, as set forth
herein, the head of a network is still
required to act in accordance with the
highest standards of professional
journalism in carrying out their roles
with respect to the journalism, and thus
ensuring the professional
‘‘independence and integrity’’ of the
network.
(f) Highest professional standards of
journalism means the highest
professional standards in the field of
journalism. Each network is required to
promulgate, maintain, and abide by a
code of journalistic ethics and best
practices that fully comports with the
highest professional standards in the
field of journalism, a violation of which
is required to be reported to the
Congress, per a recurring provision of
the Agency’s annual appropriation act.
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(g) Highest standards means unless
otherwise indicated, refers to ‘‘highest
professional standards of journalism’’
(h) Other applicable authorities
includes the Radio Broadcasting to Cuba
Act (22 U.S.C. 1465 et seq.); the
Television Broadcasting to Cuba Act (22
U.S.C. 1465aa et seq.); the United States
Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.).
(i) Reputable news organization
means a news organization that adheres
to the highest professional standards of
journalism and has a firewall which
insulates the news side of the operation,
to ensure that editorial decisions are not
influenced in a manner or by factors
inconsistent with the highest standards
of professional journalism.
(j) USAGM CEO or CEO refers to the
CEO authorized under section 304 of the
IBA. Until such time as the first
Presidentially nominated, senate
confirmed CEO is appointed, USAGM
CEO shall also refer to the Federal
Board.
Chelsea Milko,
Special Assistant.
[FR Doc. 2020–12696 Filed 6–11–20; 4:15 pm]
BILLING CODE 8610–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Allocation of Assets in SingleEmployer Plans; Benefits Payable in
Terminated Single-Employer Plans;
Interest Assumptions for Valuing and
Paying Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This final rule amends the
Pension Benefit Guaranty Corporation’s
regulations on Benefits Payable in
Terminated Single-Employer Plans and
Allocation of Assets in Single-Employer
Plans to prescribe certain interest
assumptions under the benefit payments
regulation for plans with valuation dates
in July 2020 and interest assumptions
under the asset allocation regulation for
plans with valuation dates in the third
quarter of 2020. These interest
assumptions are used for valuing
benefits and paying certain benefits
under terminating single-employer
plans covered by the pension insurance
system administered by PBGC.
DATES: Effective July 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Gregory Katz (katz.gregory@pbgc.gov),
Attorney, Regulatory Affairs Division,
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SUMMARY:
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Pension Benefit Guaranty Corporation,
1200 K Street NW, Washington, DC
20005, 202–326–4400, ext. 3829. (TTY
users may call the Federal relay service
toll free at 1–800–877–8339 and ask to
be connected to 202–326–4400, ext.
3829.)
PBGC’s
regulations on Allocation of Assets in
Single-Employer Plans (29 CFR part
4044) and Benefits Payable in
Terminated Single-Employer Plans (29
CFR part 4022) prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits under terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974 (ERISA). The
interest assumptions in the regulations
are also published on PBGC’s website
(https://www.pbgc.gov).
SUPPLEMENTARY INFORMATION:
Lump Sum Interest Assumption
PBGC uses the interest assumptions in
appendix B to part 4022 (‘‘Lump Sum
Interest Rates for PBGC Payments’’) to
determine whether a benefit is payable
as a lump sum and to determine the
amount to pay as a lump sum. Because
some private-sector pension plans use
these interest rates to determine lump
sum amounts payable to plan
participants (if the resulting lump sum
is larger than the amount required under
section 417(e)(3) of the Internal Revenue
Code and section 205(g)(3) of ERISA),
these rates are also provided in
appendix C to part 4022 (‘‘Lump Sum
Interest Rates for Private-Sector
Payments’’).
This final rule updates appendices B
and C of the benefit payments regulation
to provide the rates for July 2020
measurement dates.
The July 2020 lump sum interest
assumptions will be 0.00 percent for the
period during which a benefit is (or is
assumed to be) in pay status and 4.00
percent during any years preceding the
benefit’s placement in pay status. In
comparison with the interest
assumptions in effect for June 2020,
these assumptions represent no change
in the immediate rate and are otherwise
unchanged.
Valuation/Asset Allocation Interest
Assumptions
PBGC uses the interest assumptions in
appendix B to part 4044 (‘‘Interest Rates
Used to Value Benefits’’) to value
benefits for allocation purposes under
section 4044 of ERISA, and some
private-sector pension plans use them to
determine benefit liabilities reportable
under section 4044 of ERISA and for
other purposes. The third quarter 2020
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36153
interest assumptions will be 1.98
percent for the first 20 years following
the valuation date and 1.57 percent
thereafter. In comparison with the
interest assumptions in effect for the
second quarter of 2020, these interest
assumptions represent no change in the
select period (the period during which
the select rate (the initial rate) applies),
a decrease of 0.13 percent in the select
rate, and a decrease of 0.35 percent in
the ultimate rate (the final rate).
Need for Immediate Guidance
PBGC updates appendix B of the asset
allocation regulation each quarter and
appendices B and C of the benefit
payments regulation each month. PBGC
has determined that notice and public
comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to issue new interest assumptions
promptly so that they are available to
value benefits and, for plans that rely on
our publication of them each month or
each quarter, to calculate lump sum
benefit amounts.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits under plans
with valuation dates during July 2020,
PBGC finds that good cause exists for
making the assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects
29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR parts 4022 and 4044 are amended
as follows:
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
■
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
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]]>Agencies
[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36150-36153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12696]
=======================================================================
-----------------------------------------------------------------------
BROADCASTING BOARD OF GOVERNORS
22 CFR Part 531
RIN 3112-AA03
Firewall and Highest Standards of Professional Journalism
AGENCY: Broadcasting Board of Governors.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Broadcasting Board of Governors is revising its
regulations to clarify the practical meaning and impact of the
statutory firewall contained within the United States International
Broadcasting Act of 1994, as amended, upon Agency operations.
Consistent with this action, this rule makes appropriate conforming
changes.
DATES: This rule is effective as of June 11, 2020.
FOR FURTHER INFORMATION CONTACT: Armanda Mathews, Staff Assistant,
email at: [email protected] or (202) phone 202-920-2005.
SUPPLEMENTARY INFORMATION:
Background
The United States Agency for Global Media (USAGM), identified in
the International Broadcasting Act of 1994, as amended, as the
Broadcasting Board of Governors (BBG), is an independent establishment
of the federal government that exercises authority over non-military
United States government broadcasting.\1\ USAGM currently operates five
networks--Voice of America (VOA), the Office of Cuba Broadcasting
(OCB), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA)
and the Middle East Broadcasting Networks (MBN)--that reach a
cumulative weekly worldwide audience of approximately 400 million
people.
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\1\ Under Section 1288 of the NDAA, the CEO was authorized to
change the name of the Agency. On August 22, 2018, the CEO exercised
this power and renamed the BBG the United States Agency for Global
Media. This and subsequent CEOs retain the authority to rename the
Agency.
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Before reaching the end of its tenure, the Governing Board of the
Agency wanted to codify and memorialize definitions and practices
associated with the firewall. In 2016, the Board created a firewall
working group to investigate the firewall and its sources. This rule
was developed by that working group and subsequently passed unanimously
by the Governing Board. (This supplementary information was added by
the Agency to provide additional background as to impetus for the
rule). The impetus was to demystify the firewall, including by making
clear what the firewall is not.
The firewall is essential to ensuring the continued credibility and
therefore effectiveness of the journalism provided by USAGM funded
networks. The firewall protects the editorial independence of the
networks journalists. It does not prevent oversight of the journalism
consistent with the highest standards of professional journalism and
editorial independence; nor does it prevent VOA or any of the networks
carrying out all enumerated elements of their mission, including that
of VOA to ``tell America's Story''. H.R. Conf. Rep. No. 432, 104-6
Cong., 2nd Sess. 127 (1998).
Overview of the Rule
Pursuant to the background above, and in light of the Board's
desire to codify a common-sense definition of the firewall, consistent
with the law, the
[[Page 36151]]
highest standards of professional journalism, and longstanding
practice, USAGM has promulgated this regulation.
This regulation clarifies the practical meaning of the statutory
firewall and its basis and its impact on Agency operations
Effective Date
Having been passed by the Board, these regulations are already
effective upon the Agency. Publication will codify them into the
Federal Register. Those provisions pertaining to non-supervisory
employees deemed subject to collective bargaining requirements set
forth under the Federal Service Labor-Management Relations Statute and
the Agency's negotiated labor-management agreements would only become
effective subject to the terms and conditions within those bargaining
agreements.
Rulemaking Requirements
1. This final rule has been determined to be exempt from review for
purposes of Executive Order 12866.
2. This rule does not impose information collection and
recordkeeping requirements. Consequently, it need not be reviewed by
the Office of Management and Budget under the provisions of the
Paperwork Reduction Act of 1995. In addition, at the time of passage,
the Agency is governed by a bipartisan Board.
3. This rule does not contain policies with Federalism implications
as this term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this rule involves a rule of agency organization, procedure, or
practice. 5 U.S.C. 553(b)(B). Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this final rule. Because a notice of proposed rulemaking and
an opportunity for public comment are not required to be given for this
rule under 5 U.S.C. or by any other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) are not
applicable.
Accordingly, this rule is issued in final form. Although there is
no formal comment period, public comments on this rule are welcome on a
continuing basis. Comments should be submitted to Armanda Mathews,
Staff Assistant, Broadcasting Board of Governors, 330 Independence
Avenue SW, Washington DC 20237 (email at: [email protected]).
List of Subjects in 22 CFR Part 531
Scope and purposes of the statutory firewall, Editorial
independence, Requirement to adhere highest professional standards of
journalism.
0
For the foregoing reasons, the Broadcasting Board of Governors amends
22 CFR, Chapter V, by adding part 531, as follows:
PART 531--STATUTORY FIREWALL AND HIGHEST STANDARDS OF PROFESSIONAL
JOURNALISM
Sec.
531.1 Overview.
531.2 Independence and best practices.
531.3 Firewall.
531.4 Definitions.
Authority: 22 U.S.C. 6201 et seq.; 22 U.S.C. 1465 et seq.;
1465aa et seq.
Sec. 531.1 Overview.
The Broadcasting Board of Governors, referred to as the U.S. Agency
for Global Media (USAGM), per section 305(a)(22) of the IBA, currently
provides public funds to five news media networks: The Voice of America
(VOA), Radio Free Europe, Radio Liberty (RFE/RL), Radio Free Asia
(RFA), the Middle East Broadcasting Networks (MBN), and the Office of
Cuba Broadcasting (OCB). Pursuant to International Broadcasting Act of
1994, as amended (22 U.S.C. 6201 et seq.) (``the IBA'' or ``the Act''),
and other applicable authorities:
(a) All USAGM-funded Networks must adhere to the highest
professional standards of journalism, pursuant to section 303(a)(5) of
the IBA, in order to produce news which is consistently reliable and
authoritative, accurate, objective, and comprehensive, per section
303(b) of IBA. Accordingly, USAGM networks necessarily enjoy full
editorial independence in order to maintain their ``professional
independence and integrity,'' per section 305(b) of the IBA. This
statutorily mandated firewall protects the independence of the networks
by insulating their editorial decisions from interference from those
outside of the network, or from impermissible considerations, as set
forth herein.
(b) The existence of a firewall does not mean the absence of
oversight. This firewall shall not be construed to limit USAGM
oversight conducted in a manner consistent with that conducted by other
media organizations which operate editorially independent news
divisions that adhere to the highest standards of journalism; nor does
it prevent federal officials from treating the networks like any other
news organization: E.g., They may seek a correction; provide an
interview; serve as a source; or otherwise interact in the same manner
as they do with any other news organization.
(c) Editorial independence and adherence to the highest standards
of professional journalism do not prevent VOA from adhering fully to
each of the elements of its Charter. The VOA Charter, currently
codified at section 303(c) of the IBA, states that VOA will serve as a
consistently reliable and authoritative source of news, which itself
will be accurate, objective, and comprehensive; represent America as a
whole, and thereby present a balanced and comprehensive projection of
significant American thought and institutions; and present the policies
of the United States clearly and effectively, as well as responsible
discussions and opinion on such policies. Editorial independence and
adherence to the highest standards of professional journalism, as
described herein, allow for audiences to rely on VOA to be truthful and
accurate. Accordingly, these principles are considered essential to
meeting the Charter's mandate that ``to be effective, the Voice of
America must win the attention and respect of listeners'' per section
303(c) of the IBA; S. Rep. No. 703, 94 Cong., 2nd Sess. 15 (1976),
reprinted in 1976 U.S.C.C.A.N. 1555, 1569; and H.R. Conf. Rep. No. 432,
105 Cong., 2nd Sess. 127 (1998).
(d) Editorial independence and adherence to the highest standards
of professional journalism do not preclude any news organization from
publishing editorials or opinion pieces, clearly marked as such; as
described in paragraph (d)(5) of this section, VOA is required to carry
editorials which present the views of the U.S. Government.
Sec. 531.2 Independence and best practices.
(a) USAGM-funded networks each enjoy full editorial independence,
as that term is defined and understood by best practices of journalism.
(b) Editorial independence includes, but is not limited to the fact
that only individuals within the network may make any decisions with
respect to newsgathering or reporting. USAGM networks and their
employees, including the heads of each network, are fully insulated
from any political or other external pressures or processes that would
be inconsistent with the highest standards of professional journalism.
(c) The heads of each network, and everyone else therein, are
required at all times to adhere to the highest
[[Page 36152]]
professional standards of journalism, and must take that into account
when carrying out all their responsibilities. The highest professional
standards of journalism also require that all elements of
newsgathering, editing, and reporting are carried out by professional
journalists trained in and held to the highest industry standards.
(d) Each network is required to establish and maintain written
rules setting forth the journalistic best practices for their
organization, based upon the highest professional standards of
professional journalism. These best practices also preclude any
journalist or other covered individuals at a network, including the
heads of the networks, from engaging in any activity that would call
into question their neutrality or impartiality.
Sec. 531.3 Firewall.
(a) A statutory `firewall,' provided for in section 305(b) of the
IBA, and incident to adherence to the highest professional standards of
broadcast journalism, exists around USAGM-funded networks, their
products, and staff in order to protect their professional independence
and integrity.
(b) Within any credible news organization, a firewall exists
between anybody involved with any aspect of journalism (e.g., the
creation, editing, reporting, distributing, etc., of content) and
everyone else in the organization. For purposes of USAGM, firewalls
exist between the newsroom of a USAGM-network; everyone else in the
organization; and the Executive Branch of the U.S. Government, as
described herein.
(c) This ``firewall'' is understood to be violated when any person
within the Executive Branch or a Network, but outside the newsroom,
attempts to direct, pressure, coerce, threaten, interfere with, or
otherwise impermissibly influence any of the USAGM networks, including
their leadership, officers, employees, or staff, in the performance of
their journalistic and broadcasting duties and activities. It is also
violated when someone inside the newsroom acts in furtherance of or
pursuant to such impermissible influence. Such impermissible influence
would undermine the journalistic and editorial independence, and thus
the credibility, of that USAGM network, and their reporters, editors,
or other journalists.
(d) The firewall is critical to ensuring that the editors,
reporters, and other journalists of the USAGM network make the
decisions on what stories to cover and how they are covered, and that
those decisions are ultimately governed by the highest standards of
professional journalism.
(e) The following are not firewall violations:
(1) The firewall is not meant to discourage journalists from
interviewing U.S. Government officials or to discourage such officials
from appearing on USAGM-funded programs.
(2) The firewall does not prevent officers or employees within the
Executive Branch, including the State Department, from engaging with or
speaking about USAGM networks as they might with any other news
organization. Such interaction could include but is not limited to:
(i) Publicly or privately commenting on USAGM stories;
(ii) Publicly or privately reaching out to journalists in the same
manner that they would do with any other journalist;
(iii) Publicly or privately reaching out to network staff in the
same manner that they would do with any other network staff; and
(iv) Otherwise interacting with journalists and other network staff
in the same manner that they would do with such staffs' private sector
counterparts.
(3) The firewall does not prevent a USAGM CEO or Board from
undertaking the same type of direction and oversight that those in
equivalent leadership positions in an organization overseeing other
reputable news organizations may provide, in a manner consistent with
the highest standards of professional journalism.
(4) In determining which languages to broadcast, the Agency has
prioritized certain countries and audiences, such as those under
authoritarian rule. The firewall does not prevent the USAGM CEO or
Board from otherwise prioritizing certain audiences or languages,
consistent with the statutory language service review that is carried
out per section 305(a)(4) of the IBA to determine whether the continued
broadcasting in various languages are furthering the mission of the
networks, and per section 303(a)(1) of the IBA, are thus consistent
with the broad foreign policy objectives of the United States.
(5) Per section 303(b)(3) of the IBA, the firewall does not
prohibit the publication of editorials and other opinion pieces by U.S.
Government officials, marked clearly as such, on VOA, expressing policy
positions of the U.S. Government.
Sec. 531.4 Definitions.
(a) Audience or audiences refers to foreign audiences overseas, the
only audiences to which USAGM is authorized to seek to reach; USAGM or
its networks are not authorized to target audiences in the United
States, and must take steps set forth in law and regulation to avoid
these audiences.
(b) Board refers to the Board of a Network; or the Advisory Board.
(c) Everyone else in the organization in describing a USAGM
Network, refers to anyone within a Network who, pursuant to the
structure of that Network or the highest standards of professional
journalism, would be considered to not be part of the newsroom, i.e.,
involved with carrying out any aspect of journalism (e.g., the
creation, editing, reporting, distributing, etc., of content), and thus
outside the firewall. By definition the USAGM CEO is not within a
Network.
(d) Network, USAGM-funded Network, or USAGM Network: Refers to the
Voice of America (VOA), Radio Free Europe, Radio Liberty (RFE/RL),
Radio Free Asia (RFA), the Middle East Broadcasting Networks (MBN), and
the Office of Cuba Broadcasting (OCB); or any other network,
broadcaster, or grantee which falls under the Act, or is overseen by
USAGM or a USAGM network. It does not include any officer or employee
of USAGM not within VOA or OCB, including the Advisory Board or the
Chief Executive Officer.
(e) Newsroom refers to the news division of a USAGM-Network. The
scope of the news division depends on the structure of the Network.
Depending how a Network is organized the head of that Network may or
may not be considered to be within the news division. The Board of a
Network is considered to be outside the news division. Those within the
news division must adhere to the highest professional standards of
journalism in carrying out their responsibilities. Even if outside the
newsroom, as set forth herein, the head of a network is still required
to act in accordance with the highest standards of professional
journalism in carrying out their roles with respect to the journalism,
and thus ensuring the professional ``independence and integrity'' of
the network.
(f) Highest professional standards of journalism means the highest
professional standards in the field of journalism. Each network is
required to promulgate, maintain, and abide by a code of journalistic
ethics and best practices that fully comports with the highest
professional standards in the field of journalism, a violation of which
is required to be reported to the Congress, per a recurring provision
of the Agency's annual appropriation act.
[[Page 36153]]
(g) Highest standards means unless otherwise indicated, refers to
``highest professional standards of journalism''
(h) Other applicable authorities includes the Radio Broadcasting to
Cuba Act (22 U.S.C. 1465 et seq.); the Television Broadcasting to Cuba
Act (22 U.S.C. 1465aa et seq.); the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.).
(i) Reputable news organization means a news organization that
adheres to the highest professional standards of journalism and has a
firewall which insulates the news side of the operation, to ensure that
editorial decisions are not influenced in a manner or by factors
inconsistent with the highest standards of professional journalism.
(j) USAGM CEO or CEO refers to the CEO authorized under section 304
of the IBA. Until such time as the first Presidentially nominated,
senate confirmed CEO is appointed, USAGM CEO shall also refer to the
Federal Board.
Chelsea Milko,
Special Assistant.
[FR Doc. 2020-12696 Filed 6-11-20; 4:15 pm]
BILLING CODE 8610-01-P
