[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5736 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smith-Mundt Modernization Act of
2012''.
SEC. 2. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES.
(a) United States Information and Educational Exchange Act of
1948.--Section 501 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:
``general authorization
``Sec. 501. (a) The Secretary and the Broadcasting Board of
Governors are authorized to use funds appropriated or otherwise made
available for public diplomacy information programs to provide for the
preparation, dissemination, and use of information intended for foreign
audiences abroad about the United States, its people, and its policies,
through press, publications, radio, motion pictures, the Internet, and
other information media, including social media, and through
information centers, instructors, and other direct or indirect means of
communication.
``(b)(1) Except as provided in paragraph (2), the Secretary and the
Broadcasting Board of Governors 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 prepared for dissemination abroad or disseminated
abroad pursuant to this Act, the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television
Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). The Secretary and
the Broadcasting Board of Governors shall issue necessary regulations--
``(A) to establish procedures to maintain such material;
``(B) for reimbursement of the reasonable costs incurred in
fulfilling requests for such material; and
``(C) to ensure that the persons seeking release of such
material have secured and paid for necessary United States
rights and licenses.
``(2) With respect to material prepared for dissemination abroad or
disseminated abroad before the effective date of the Smith-Mundt
Modernization Act of 2012--
``(A) the Secretary and the Broadcasting Board of Governors
shall make available to the Archivist of the United States, for
domestic distribution, motion pictures, films, videotapes, and
other material 12 years after the initial dissemination of the
material abroad; and
``(B) the Archivist shall be the official custodian of the
material and shall issue necessary regulations to ensure that
persons seeking its release in the United States have secured
and paid for necessary United States rights and licenses and
that all costs associated with the provision of the material by
the Archivist shall be paid by the persons seeking its release,
in accordance with paragraph (3).
``(3) The Archivist may charge fees to recover the costs described
in paragraph (2), in accordance with section 2116(c) of title 44. Such
fees shall be paid into, administered, and expended as part of the
National Archives Trust Fund.
``(c) Nothing in this section may be construed to require the
Secretary or the Broadcasting Board of Governors to make material
disseminated abroad available in any format other than in the format
disseminated abroad.''.
(b) Rule of Construction.--Nothing in this section may be construed
to affect the allocation of funds appropriated or otherwise made
specifically available for public diplomacy.
(c) Foreign Relations Authorization Act, Fiscal Years 1986 and
1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:
``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.
``(a) In General.--No funds authorized to be appropriated to the
Department of State or the Broadcasting Board of Governors shall be
used to influence public opinion in the United States. This section
shall apply only to programs carried out pursuant to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C.
1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C.
1465aa et seq.). This section shall not prohibit or delay the
Department of State or the Broadcasting Board of Governors from
providing information about its operations, policies, programs, or
program material, or making such available, to the media, public, or
Congress, in accordance with other applicable law.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Department of State or the Broadcasting Board
of Governors from engaging in any medium or form of communication,
either directly or indirectly, because a United States domestic
audience is or may be thereby exposed to program material, or based on
a presumption of such exposure. Such material may be made available
within the United States and disseminated, when appropriate, pursuant
to sections 502 and 1005 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that
nothing in this section may be construed to authorize the Department of
State or the Broadcasting Board of Governors to disseminate within the
United States any program material prepared for dissemination abroad on
or before the effective date of the Smith-Mundt Modernization Act of
2012.
``(c) Application.--The provisions of this section shall apply only
to the Department of State and the Broadcasting Board of Governors and
to no other department or agency of the Federal Government.''.
(d) Conforming Amendments.--The United States Information and
Educational Exchange Act of 1948 is amended--
(1) in section 502 (22 U.S.C. 1462)--
(A) by inserting ``and the Broadcasting Board of
Governors'' after ``Secretary''; and
(B) by inserting ``or the Broadcasting Board of
Governors'' after ``Department''; and
(2) in section 1005 (22 U.S.C. 1437), by inserting ``and
the Broadcasting Board of Governors'' after ``Secretary'' each
place it appears.
(e) Effective Date.--This Act shall take effect and apply on the
date that is 180 days after the date of the enactment of this Act.
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