C30. Smith–Mundt Act & Repeal of Smith–Mundt Act



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Smith–Mundt Act & Repeal of Smith–Mundt Act
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Smith–Mundt Act
http://en.wikipedia.org/wiki/Smith%E2%80%93Mundt_Act
The US Information and Educational Exchange Act of 1948 (Public Law 80-402), popularly referred to as the Smith–Mundt Act, specifies the terms in which the United States government can engage global audiences, also known as public diplomacy. The act was first introduced as the Bloom Bill in December 1945 in the 79th Congress and subsequently passed by the 80th Congress and signed into law by President Harry S. Truman on January 27, 1948.
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The National Defense Authorization Act for Fiscal Year 2013 (section 1078 (a)) amended the US Information and Educational Exchange Act of 1948 and the Foreign Relations Authorization Act of 1987, allowing for materials produced by the State Department and the Broadcasting Board of Governors (BBG) to be released within U.S. borders for the Archivist of the United States.[1]
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NDAA 2013 (HR 4310, Section 1078 (c)) does not make legal the dissemination of propaganda within the US that the Smith-Mundt Act has outlawed: “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.”
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United States Information and Educational Exchange Act of 1948 (Smith-Mundt Act)
http://www.state.gov/pdcommission/library/177362.htm
Original text of the United States Information and Educational Exchange Act of 1948, commonly known as the Smith-Mundt Act, as enacted January 27, 1948.

http://www.state.gov/documents/organization/177574.pdf

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The US Information and Educational Exchange Act of 1948 (Public Law 402)
http://publicdiplomacy.wikia.com/wiki/Smith_Mundt_Act
The US Information and Educational Exchange Act of 1948 (Public Law 402), popularly referred to as the Smith-Mundt Act, specifies the terms in which the U.S. government can engage in public diplomacy. The Smith-Mundt Act institutionalized the Voice of America and create additional exchange programs beyond the original Fulbright programs.
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Chapter 18 – United States Information and Educational Exchange Programs
http://us-code.vlex.com/source/us-code-foreign-relations-intercous-1021/chapter/chapter-18-united-states-information-and-educational-exchange-programs-12910
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Smith-Mundt Symposium
http://mountainrunner.us/smith-mundt/symposium/#.U6ku2pRX-uY
2009 Smith-Mundt Symposium
On January 13, 2009, a week before President Obama was sworn in, nearly two hundred attended the Smith-Mundt Symposium at the Reserve Officers Association on Capitol Hill.
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The NDAA Legalizes The Use Of Propaganda On The US Public
http://www.businessinsider.com/ndaa-legalizes-propaganda-2012-5#ixzz35Xnvn46f 
MAY 21, 2012, 5:11 PM
“””The newest version of the National Defense Authorization Act (NDAA) includes an amendment that would legalize the use of propaganda on the American public, reports Michael Hastings of BuzzFeed.
The amendment — proposed by Mac Thornberry (R-Texas) and Adam Smith (D-Wash.) and passed in the House last Friday afternoon — would effectively nullify the Smith-Mundt Act of 1948, which explicitly forbids information and psychological operations aimed at influencing U.S. public opinion.
Thornberry said that the current law “ties the hands of America’s diplomatic officials, military, and others by inhibiting our ability to effectively communicate in a credible way,” according to Buzzfeed.”””
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Is Congress Really Authorizing US Propaganda at Home?
Progressives are worked up over a new “brainwashing” law for misguided reasons.
—By Adam Weinstein | Tue May 22, 2012 6:00 AM EDT
http://www.motherjones.com/politics/2012/05/congress-propaganda
Late last Friday, Buzzfeed reporter and Rolling Stone contributor Michael Hastings broke what looked like a big scoop: Congress was quietly planning to lift a 64-year-old law preventing the US government from using propaganda on its own citizenry. Before the House passed its defense budget bill Friday afternoon, Hastings reported, a bipartisan group of congressmen tacked on an amendment that would “essentially neutralize” a set of time-tested guidelines “that had been passed to protect U.S. audiences from our own government’s misinformation campaigns.”
Progressive thinkers balked at the news: Mideast expert Juan Cole decried the amendment as “the creeping fascism of American politics…by our representatives, who apparently have never read a book on Germany in the 1930s-1940s or on the Soviet Union in the Stalin period.” On civil libertarian Jonathan Turley’s site, guest blogger Elaine Magliaro asked: “How about some propaganda for the people paid for by the people being propagandized?”
But the outcry in this case seems misguided. For starters, the proposed law doesn’t permit the spread of any information that isn’t already available to the American public. Moreover, the amendment could conceivably bring more of the government’s overseas information operations into the sunlight, a good thing.
The actual text of the amendment, authored by Reps. Mac Thornberry (R-Texas) and Adam Smith (D-Wash.), modifies the Smith-Mundt Act of 1948. That bill was the first to establish a post-World War II “public diplomacy” role overseas for the State Department and US media organs—think Voice of America and Radio Free Europe—but the law also barred those agencies from disseminating their “good news” to audiences at home in the United States.
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US ends ban on ‘domestic propaganda’
Published time: July 15, 2013 18:32
Edited time: July 16, 2013 15:54
http://rt.com/usa/smith-mundt-domestic-propaganda-121/
It’s being branded by proponents as an attempt at transparency, but critics of a new law say the United States government just got the green-light to use propaganda made for foreign audiences on the American public.
Until earlier this month, a longstanding federal law made it illegal for the US Department of State to share domestically the internally-authored news stories sent to American-operated outlets broadcasting around the globe. All of that changed effective July 2, when the Broadcasting Board of Governors (BBG) was given permission to let US households tune-in to hear the type of programming that has previously only been allowed in outside nations.

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

http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.5736:

H.R.5736 — Smith-Mundt Modernization Act of 2012 (Introduced in House – IH)

HR 5736 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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