Repeal the Smith-Mundt Modernization Act of 2013
This bill, introduced in the 119th Congress, seeks to repeal the Smith-Mundt Modernization Act of 2013 and to impose stricter controls on the U.S. government’s foreign information programs to prevent domestic propagandization. It would roll back changes that allowed some U.S. citizens to access U.S. government-produced foreign information materials, and it would reimpose substantial safeguards: foreign materials would be prepared and disseminated abroad only through official channels, with limited domestic access (primarily for oversight and archival purposes). The bill also strengthens archival rules, requiring a 20-year delay before materials produced for abroad dissemination can be publicly available domestically, and imposes labeling and cost-recovery requirements when materials are released. In short, the bill tightens the boundary between U.S. government foreign information activities and domestic audiences, increases the role of the Archivist in controlling access, and limits opportunities for domestic dissemination or use of such materials, while preserving a narrow path for congressional oversight and factual information transmission.
Key Points
- 1Repeal of Smith-Mundt Modernization Act of 2013: The bill repeals the 2013 modernization and reinstates stricter restrictions on domestic access and dissemination of materials produced for foreign audiences.
- 2General authorization for abroad dissemination with platform limits: The Secretary of State and the US Agency for Global Media may disseminate information abroad through official channels, but may not use social media accounts, websites, or podcasts outside official platforms for foreign dissemination.
- 3Domestic review and oversight carve-out: Materials produced for foreign dissemination must be available in English for examination in the United States by U.S. press associations, newspapers, radio, and Members of Congress, but such materials may not be disseminated domestically except for congressional oversight.
- 4Prohibition on domestic propaganda: No funds may be used to influence U.S. public opinion or propagandize domestically; materials may be reviewed domestically but cannot be distributed or repurposed for domestic audiences.
- 5Archival and labeling requirements: Materials must be archived 20 years after initial foreign dissemination (or after preparation if never disseminated), with clear identifiers noting the producing agency, original foreign origin, and purpose. Fees may be charged to cover archival costs and these fees go to the National Archives Trust Fund.
- 6Additional legal framework: Section 208 of the Foreign Relations Authorization Act (FY 1986-87) is amended to ban domestic distribution of program materials, with a narrow exception for providing factual information about operations, policies, or programs, and for inquiries from the public or media, while preserving exceptions for MECEA programs and public inquiries.