Bill Text
112th Congress (2011-2012)
H.R.5736.IH
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HR 5736 IH
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
- 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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