119-hr5704

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5704 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5704

 To repeal the Smith-Mundt Modernization Act of 2013 and to prohibit 
 domestic propagandization by the Federal Government.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 October 8, 2025

 Mr. Massie (for himself and Mr. Perry) introduced the following bill; 
 which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

 A BILL

 To repeal the Smith-Mundt Modernization Act of 2013 and to prohibit 
 domestic propagandization by the Federal Government.

 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 ``Repeal the Smith-Mundt Modernization 
Act of 2013''.

SEC. 2. REPEAL SMITH-MUNDT DOMESTIC PROPAGANDIZATION.

    (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:

``

SEC. 501. GENERAL AUTHORIZATION.

 ``

    (a) Dissemination of Information Abroad.--The Secretary of State 
and the Chief Executive Officer of the United States Agency for Global 
Media

    (USAGM) are authorized to provide for the preparation and 
dissemination abroad of information about the United States, its 
people, and its policies, through press, publications, radio, motion 
pictures, the internet, and other information media, and through 
information centers and instructors abroad, except that such 
dissemination may not include the use of social media accounts, 
websites, or podcasts other than official platforms maintained by the 
Department of State or USAGM for purposes of foreign dissemination.
 ``

    (b) Ability To Review Information Domestically.--
 ``

    (1) Any materials produced under subsection

    (a) shall, 
 upon request, be made available in the English language, at all 
 reasonable times following their release abroad, for 
 examination at the Department of State or the United States 
 Agency for Global Media, as appropriate, by representatives of 
 United States press associations, newspapers, magazines, radio 
 systems, and stations, and by Members of Congress. Except as 
 provided in subsection
            (c) , such materials may not be 
 disseminated within the United States, except that Members of 
 Congress may use such materials in the exercise of their 
 official oversight functions.
 ``

    (2) No funds authorized to be appropriated to the 
 Department of State or the United States Agency for Global 
 Media, or its component networks, shall be used for the purpose 
 of influencing public opinion or propagandizing in the United 
 States.
 ``
            (c) Archival of Records.--
 ``

    (1) In general.--The Secretary of State and the Chief 
 Executive Officer of the United States Agency for Global Media 
 shall make available to the Archivist of the United States any 
 materials produced under subsection

    (a) . Such materials shall 
 be maintained by the Archivist and made accessible to the 
 public only for examination in a format that permits viewing 
 but not reproduction or redistribution--
 ``
        (A) beginning on the date that is 20 years after 
 the date on which such material was initially 
 disseminated abroad; or
 ``
        (B) in the case of material that was prepared but 
 never disseminated abroad, beginning on the date that 
 is 20 years after the date on which such material was 
 prepared.
 ``

    (2) Restriction on domestic dissemination.--Any materials 
 produced under subsection

    (a) --
 ``
        (A) may not be distributed domestically by the 
 Archivist before the expiration of the 20-year period 
 described in paragraph

    (1) ; and
 ``
        (B) any materials made accessible by the 
 Archivist after such period, shall bear a clear and 
 permanent identifier, watermark, or disclaimer 
 indicating--
 ``
            (i) the United States Government entity 
 responsible for its production;
 ``
            (ii) the foreign country or region for 
 which the material was originally prepared or 
 disseminated; and
 ``
            (iii) the purpose or program under which 
 the material was produced, if applicable.
 ``

    (3) Responsibilities of the archivist.--The Archivist--
 ``
        (A) shall be the official custodian of the 
 material described in paragraph

    (1) ;
 ``
        (B) shall promulgate regulations to--
 ``
            (i) facilitate public examination of such 
 materials in accordance with paragraph

    (1) ; and
 ``
            (ii) govern the release of such materials 
 in accordance with paragraph

    (2) , including 
 requirements that any person seeking such 
 release--
 ``
            (I) has secured all necessary 
 United States rights and licenses; and
 ``
            (II) has paid a fee, in 
 accordance with 

section 2116
            (c) of 
 title 44, United States Code, 
 sufficient to cover the costs incurred 
 by the Archivist in providing such 
 materials; and
 ``
            (C) shall ensure that all fees collected under 
 subparagraph
        (B)
            (ii) 
            (II) are deposited into, 
 administered, and expended as part of the National 
 Archives Trust Fund.
 ``
            (d) Rule of Construction.--Nothing in this section may be 
construed to require the Secretary of State or the Chief Executive 
Officer of the United States Agency for Global Media to make material 
disseminated abroad available in any format other than in the format 
disseminated abroad.''.

    (b) Foreign Relations Authorizations Act, Fiscal Years 1986 and 
1987.--

    (1) In general.--

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. BAN ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.

 ``

    (a) In General.--
 ``

    (1) Use of funds.--No funds authorized to be appropriated 
 to the Department of State or the United States Agency for 
 Global Media

    (USAGM) , or any of its component networks, may be 
 used to influence public opinion in the United States.
 ``

    (2) Restriction on domestic distribution.--No program 
 material prepared by USAGM may be distributed in the United 
 States, except as provided in 

section 501 of the United States 
 Information and Educational Exchange Act of 1948 (22 U.S.C. 
 1461).
 ``

    (3) Transparency exception.--Nothing in this subsection 
 shall be construed to prohibit or delay the Department of State 
 or USAGM from providing factual information about their 
 operations, policies, or programs, or from making such 
 information available to members of the media, the public, or 
 Congress, in accordance with other applicable law.
 ``

    (b) Rules of Construction.--Nothing in this section may be 
construed--
 ``

    (1) to apply to programs carried out pursuant to the 
 Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
 2451 et seq.); or
 ``

    (2) to prohibit any employee of USAGM from responding to 
 inquiries from members of the public about USAGM operations, 
 policies, or programs.''.

    (2) Clerical amendment.--The table of contents for the 
 Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 
 (22 U.S.C. 1461-1a) is amended by striking the item relating to 
 

section 208 and inserting the following:

``

Sec. 208 Ban on domestic distribution of program material.''.
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