I 

112TH CONGRESS 

2D SESSION H. R. 5736 

To amend the United States Information and Educational Exchange Act 

of 1948 to authorize the domestic dissemination of information and 

material about the United States intended primarily for foreign audiences, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2012 

Mr. THORNBERRY (for himself and Mr. SMITH of Washington) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To amend the United States Information and Educational 

Exchange Act of 1948 to authorize the domestic dissemination of information and material about the United 

States intended primarily for foreign audiences, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smith-Mundt Mod5 ernization Act of 2012’’. 


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1 SEC. 2. DISSEMINATION ABROAD OF INFORMATION ABOUT 

2 THE UNITED STATES. 

3 (a) UNITED STATES INFORMATION AND EDU4 CATIONAL EXCHANGE ACT OF 1948.—Section 501 of the 

5 United States Information and Educational Exchange Act 

6 of 1948 (22 U.S.C. 1461) is amended to read as follows: 

7 ‘‘GENERAL AUTHORIZATION

8 ‘‘SEC. 501. (a) The Secretary and the Broadcasting 

9 Board of Governors are authorized to use funds appro10 priated or otherwise made available for public diplomacy 

11 information programs to provide for the preparation, dis12 semination, and use of information intended for foreign 

13 audiences abroad about the United States, its people, and 

14 its policies, through press, publications, radio, motion pic15 tures, the Internet, and other information media, includ16 ing social media, and through information centers, in17 structors, and other direct or indirect means of commu18 nication. 

19 ‘‘(b)(1) Except as provided in paragraph (2), the Sec20 retary and the Broadcasting Board of Governors may, 

21 upon request and reimbursement of the reasonable costs 

22 incurred in fulfilling such a request, make available, in the 

23 United States, motion pictures, films, video, audio, and 

24 other materials prepared for dissemination abroad or dis25 seminated abroad pursuant to this Act, the United States 

26 International Broadcasting Act of 1994 (22 U.S.C. 6201 


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1 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 

2 1465 et seq.), or the Television Broadcasting to Cuba Act 

3 (22 U.S.C. 1465aa et seq.). The Secretary and the Broad4 casting Board of Governors shall issue necessary regula5 tions— 

6 ‘‘(A) to establish procedures to maintain such 

7 material; 

8 ‘‘(B) for reimbursement of the reasonable costs 

9 incurred in fulfilling requests for such material; and 

10 ‘‘(C) to ensure that the persons seeking release 

11 of such material have secured and paid for necessary 

12 United States rights and licenses. 

13 ‘‘(2) With respect to material prepared for dissemina14 tion abroad or disseminated abroad before the effective 

15 date of the Smith-Mundt Modernization Act of 2012— 

16 ‘‘(A) the Secretary and the Broadcasting Board 

17 of Governors shall make available to the Archivist of 

18 the United States, for domestic distribution, motion 

19 pictures, films, videotapes, and other material 12 

20 years after the initial dissemination of the material 

21 abroad; and 

22 ‘‘(B) the Archivist shall be the official custodian 

23 of the material and shall issue necessary regulations 

24 to ensure that persons seeking its release in the 

25 United States have secured and paid for necessary 


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1 United States rights and licenses and that all costs 

2 associated with the provision of the material by the 

3 Archivist shall be paid by the persons seeking its re4 lease, in accordance with paragraph (3). 

5 ‘‘(3) The Archivist may charge fees to recover the 

6 costs described in paragraph (2), in accordance with sec7 tion 2116(c) of title 44. Such fees shall be paid into, ad8 ministered, and expended as part of the National Archives 

9 Trust Fund. 

10 ‘‘(c) Nothing in this section may be construed to re11 quire the Secretary or the Broadcasting Board of Gov12 ernors to make material disseminated abroad available in 

13 any format other than in the format disseminated 

14 abroad.’’. 

15 (b) RULE OF CONSTRUCTION.—Nothing in this sec16 tion may be construed to affect the allocation of funds ap17 propriated or otherwise made specifically available for 

18 public diplomacy. 

19 (c) FOREIGN RELATIONS AUTHORIZATION ACT, FIS20 CAL YEARS 1986 AND 1987.—Section 208 of the Foreign 

21 Relations Authorization Act, Fiscal Years 1986 and 1987 

22 (22 U.S.C. 1461–1a) is amended to read as follows: 


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1 ‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF 

2 PROGRAM MATERIAL. 

3 ‘‘(a) IN GENERAL.—No funds authorized to be ap4 propriated to the Department of State or the Broad5 casting Board of Governors shall be used to influence pub6 lic opinion in the United States. This section shall apply 

7 only to programs carried out pursuant to the United 

8 States Information and Educational Exchange Act of 

9 1948 (22 U.S.C. 1431 et seq.), the United States Inter10 national Broadcasting Act of 1994 (22 U.S.C. 6201 et 

11 seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 

12 1465 et seq.), and the Television Broadcasting to Cuba 

13 Act (22 U.S.C. 1465aa et seq.). This section shall not pro14 hibit or delay the Department of State or the Broad15 casting Board of Governors from providing information 

16 about its operations, policies, programs, or program mate17 rial, or making such available, to the media, public, or 

18 Congress, in accordance with other applicable law. 

19 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prohibit the Department of 

21 State or the Broadcasting Board of Governors from en22 gaging in any medium or form of communication, either 

23 directly or indirectly, because a United States domestic 

24 audience is or may be thereby exposed to program mate25 rial, or based on a presumption of such exposure. Such 

26 material may be made available within the United States 


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1 and disseminated, when appropriate, pursuant to sections 

2 502 and 1005 of the United States Information and Edu3 cational Exchange Act of 1948 (22 U.S.C. 1462 and 

4 1437), except that nothing in this section may be con5 strued to authorize the Department of State or the Broad6 casting Board of Governors to disseminate within the 

7 United States any program material prepared for dissemi8 nation abroad on or before the effective date of the Smith9 Mundt Modernization Act of 2012. 

10 ‘‘(c) APPLICATION.—The provisions of this section 

11 shall apply only to the Department of State and the 

12 Broadcasting Board of Governors and to no other depart13 ment or agency of the Federal Government.’’. 

14 (d) CONFORMING AMENDMENTS.—The United 

15 States Information and Educational Exchange Act of 

16 1948 is amended— 

17 (1) in section 502 (22 U.S.C. 1462)— 

18 (A) by inserting ‘‘and the Broadcasting 

19 Board of Governors’’ after ‘‘Secretary’’; and 

20 (B) by inserting ‘‘or the Broadcasting 

21 Board of Governors’’ after ‘‘Department’’; and 

22 (2) in section 1005 (22 U.S.C. 1437), by insert23 ing ‘‘and the Broadcasting Board of Governors’’ 

24 after ‘‘Secretary’’ each place it appears. 


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1 (e) EFFECTIVE DATE.—This Act shall take effect 

2 and apply on the date that is 180 days after the date of 

3 the enactment of this Act. 

Æ 


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