PolicyBrief
H.R. 5704
119th CongressOct 8th 2025
Repeal the Smith-Mundt Modernization Act of 2013
IN COMMITTEE

This bill repeals the Smith-Mundt Modernization Act of 2013, restricting the domestic distribution of U.S. government-produced international information materials and imposing a 20-year waiting period for public access via the National Archives.

Thomas Massie
R

Thomas Massie

Representative

KY-4

LEGISLATION

New Bill Slams the Door on Public Access to Foreign Policy Communications for 20 Years

This bill, officially titled the Repeal the Smith-Mundt Modernization Act of 2013, aims to completely overhaul how the U.S. government shares information overseas and, more importantly, how that information is handled back home. The core action here is a major rewind: it effectively undoes the 2013 modernization that allowed for slightly more fluid information sharing. Now, the State Department and the U.S. Agency for Global Media (USAGM) can still create content for foreign audiences, but the bill bans them from using most social media, websites, or podcasts unless they are official, agency-maintained platforms. The biggest change, however, is the new, iron-clad rule that dictates when you—the U.S. taxpayer—can actually see what your government is saying to the rest of the world.

The 20-Year Blackout on Government Messaging

If you’re a journalist, a researcher, or just someone who wants to know what the State Department is telling people in, say, Southeast Asia right now, this bill throws up a massive roadblock. According to the "Archiving and Public Access" section, any material produced for overseas distribution must be archived, but the public cannot examine or distribute it domestically until 20 years after it was first sent out. Think about that: if the government releases a controversial statement or an important policy video abroad today, you won’t be able to see it until 2044. For those of us who need timely information to understand foreign policy decisions or hold officials accountable, a two-decade delay is effectively a permanent blackout. This restriction severely limits the ability of the press and the public to conduct real-time oversight of how the U.S. is communicating its values and policies globally.

Putting the Leash Back on Digital Diplomacy

This legislation also tightens the rules on how the State Department and USAGM use modern tools for foreign outreach. The bill specifically bans them from using social media accounts, websites, or podcasts unless those platforms are official, agency-maintained assets. While this might sound like a technicality, it can hamstring effective digital diplomacy. Imagine trying to counter disinformation in a fast-moving crisis abroad—if the U.S. government is restricted from using the most popular, accessible platforms (like local social media apps or widely used podcasts) and must stick only to its own official, often less-trafficked sites, its ability to reach foreign audiences quickly and effectively is severely diminished. It forces our foreign communication efforts back into a slower, less flexible model.

The Propaganda Ban is Reinforced (But the Price is Transparency)

On the positive side, the bill strongly reinforces the original intent of the Smith-Mundt Act: ensuring that no U.S. government funds are used to influence public opinion or spread propaganda within the United States. The bill updates existing law to confirm that program material made for foreign audiences cannot be distributed domestically. This is a crucial safeguard that prevents taxpayer money from being used for domestic messaging campaigns. However, the mechanism used to enforce this—the massive 20-year delay on public access—is the trade-off. While the intent is to prevent domestic propaganda, the practical effect is a significant reduction in governmental transparency, making it impossible for the public to scrutinize the content of our foreign communications until the history is already written and the officials involved are long gone. Only members of Congress get limited, timely access for official oversight work, reinforcing a two-tiered system of information access.