Changes to Smith–Mundt Act in H.R. 4310 Section 1078

Amendment of the Smith–Mundt Act in the National Defense Authorization Act

On 28 December 2012, President Barack Obama signed the National Defense Authorization Act for Fiscal Year 2013 into law. The legislation was designated H.R. 4310. Section 1078 of the act amended provisions of the United States Information and Educational Exchange Act of 1948, commonly known as the Smith–Mundt Act.

The Smith–Mundt Act originally restricted the domestic dissemination of public diplomacy materials produced by the U.S. government for foreign audiences. These materials were created primarily by the Department of State and the Broadcasting Board of Governors for use outside the United States. Prior to the 2012 amendment, general public access to these materials within the United States was limited.

Section 1078 removed statutory barriers that had prevented such foreign-targeted materials from being made available inside the United States. After the amendment, these materials could be accessed domestically upon request. The change affected the availability of content, not the authority to create new programs or messages aimed at domestic audiences.

The amendment did not repeal existing laws that prohibit the use of government funds to influence domestic political opinion or U.S. elections. Restrictions on government propaganda directed at the American public remained in place under other statutes and appropriations rules.

Following enactment, the amendment became the subject of public debate. Some commentators described the change as allowing propaganda to reach U.S. citizens, while legal analyses noted that the amendment addressed public access to previously restricted materials rather than authorizing domestic propaganda campaigns.