Repeal the Smith-Mundt Modernization Act of 2013

Bill Number

H.R. 5704

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-10-08: Referred to the House Committee on Foreign Affairs.

Last Updated

2026-05-22T08:08:40Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Repeal the Smith-Mundt Modernization Act of 2013," aims to eliminate provisions that allowed U.S. government agencies to share certain information materials domestically. It seeks to restore and strengthen restrictions on the federal government's use of funds or materials to influence public opinion within the United States, focusing instead on information dissemination abroad.

Key Provisions

• Authorization for Foreign Dissemination: The Secretary of State and the Chief Executive Officer of the United States Agency for Global Media (USAGM, which oversees international broadcasting like Voice of America) can prepare and share information about the U.S., its people, and policies abroad via press, publications, radio, films, internet, and information centers. However, this excludes unofficial social media, websites, or podcasts—only official platforms of the Department of State or USAGM are permitted.
• Domestic Review Access: Materials produced for abroad use must be available in English for examination by U.S. media representatives (e.g., newspapers, radio stations) and Members of Congress at the Department of State or USAGM offices after release abroad. These materials cannot be disseminated domestically, except for Congress's official oversight duties.
• Funding Restrictions: No federal funds for the Department of State or USAGM can be used to influence U.S. public opinion or engage in propagandizing (i.e., spreading biased information to sway views) within the country.
• Archival Requirements: All materials must be provided to the Archivist of the United States for storage. Public access for viewing (but not copying or redistributing) is allowed only after 20 years from initial foreign release (or preparation, if never released). Archived materials must include identifiers like watermarks disclosing the producing agency, target foreign audience, and production purpose. The Archivist must create rules for access, including fees to cover costs, deposited into the National Archives Trust Fund.
• Ban on Domestic Distribution: Updates an existing law to explicitly prohibit using funds to influence U.S. opinion and bans distributing USAGM program materials domestically, with limited exceptions for factual disclosures about agency operations. It clarifies that this does not restrict educational exchanges or public inquiries about USAGM activities.

Significant Changes to Existing Law

• Repeal of 2013 Modernization: The Smith-Mundt Modernization Act of 2013 (part of the National Defense Authorization Act for Fiscal Year 2013) had lifted a ban on domestic dissemination of U.S. government information originally intended for foreign audiences, allowing broader U.S. access upon request. This bill fully repeals that change, reverting to pre-2013 restrictions that limited domestic use to prevent government influence on U.S. citizens.
• Stricter Archival and Access Rules: Introduces a 20-year delay for public archival access (previously, materials could be more readily available domestically post-2013) and mandates disclaimers on released materials to highlight their foreign origins.
• Updated Language in Existing Statutes: Amends Section 501 of the 1948 United States Information and Educational Exchange Act and Section 208 of the 1986-1987 Foreign Relations Authorization Act to reinforce bans on domestic propaganda, with clearer exceptions for transparency and oversight.

Potential Impacts

• On Government Agencies: The Department of State and USAGM will face tighter operational limits, restricting domestic sharing of their work and requiring more archival compliance. This could increase administrative burdens for tracking and labeling materials but reduce risks of accidental domestic influence.
• On Citizens: U.S. residents will have limited immediate access to government-produced foreign information, potentially reducing transparency about U.S. international messaging. After 20 years, archival access could provide historical insights, though with usage fees and restrictions.
• On International Relations: No direct changes to foreign outreach, which remains authorized and funded. However, it reinforces the U.S. commitment to unbiased international broadcasting without domestic spillover, possibly enhancing credibility abroad by addressing concerns over internal propaganda.

Main Stakeholders Affected

• Government Entities: Department of State, USAGM and its networks (e.g., Radio Free Europe), and the National Archives and Records Administration (via the Archivist).
• Media and Congress: U.S. press associations, broadcasters, and lawmakers gain specified review rights but lose broader dissemination options.
• Public and Researchers: Citizens and academics may experience delayed access to materials, affecting research on U.S. foreign policy history.
• International Audiences: Indirectly affected through continued focus on abroad-targeted content without domestic distractions.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens statutory barriers against government overreach in information control, aligning with laws like the First Amendment's free speech protections by limiting potential federal propaganda (though it does not create new constitutional rights). The 20-year archival rule balances preservation with delayed public access, potentially raising questions about information freedom under laws like the Freedom of Information Act.
• Constitutional Implications: Addresses concerns that the 2013 act blurred lines between foreign influence operations and domestic speech, reinforcing separation to avoid government manipulation of public discourse—a core First Amendment value.
• Political Implications: Could spark debates on government transparency versus protection from influence, especially in an era of misinformation. As a repeal bill introduced by specific representatives, it reflects partisan views on media and foreign policy but mandates neutral implementation without favoring any political side.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Massie, Thomas [R-KY-4]

Cosponsors (10)

Rep. Perry, Scott [R-PA-10], Rep. Greene, Marjorie Taylor [R-GA-14], Rep. Burlison, Eric [R-MO-7], Rep. Harris, Mark [R-NC-8], Rep. Roy, Chip [R-TX-21], Rep. Crane, Elijah [R-AZ-2], Rep. Wied, Tony [R-WI-8], Rep. Luna, Anna Paulina [R-FL-13], Rep. Gosar, Paul A. [R-AZ-9], Rep. Rouzer, David [R-NC-7]

Recent Actions

• 2025-10-08: Referred to the House Committee on Foreign Affairs.
• 2025-10-08: Introduced in House
• 2025-10-08: Introduced in House

Bill Versions

• Repeal the Smith-Mundt Modernization Act of 2013 — issued 2025-10-08 — PDF (7 pages)