U.S. government public diplomacy is defined in different ways, but broadly it is a term used to describe efforts to conduct U.S. foreign policy and promote U.S. national interests through direct outreach and communication with the population of a foreign country. Public diplomacy activities, conducted by the Department of State and U.S. diplomatic personnel abroad, include providing information to foreign publics through broadcast and Internet media and at libraries and other outreach facilities in foreign countries; conducting cultural diplomacy, such as art exhibits and music performances; and administering international educational and professional exchange programs. In addition to State Department and U.S. foreign mission public diplomacy efforts, the U.S. government sponsors international broadcasting overseen by the Broadcasting Board of Governors (BBG), since 1999 an independent executive branch agency led a bipartisan board. Today, the State Department leads U.S. public diplomacy efforts, while the independent BBG runs U.S. international broadcasting. The provisions of the act were incorporated into the National Defense Authorization Act, Fiscal Year 2013 ( H.R. The Modernization Act's inclusion in the NDAA has fostered debate and analysis over what effect, if any, a removal of the domestic dissemination ban in these provisions would have on State Department communications both domestic and foreign, and broadcasts from Voice of America and other BBG-supervised broadcasters. The U.S. Information and Educational Exchange Act of 1948

The term "Smith-Mundt" often refers only to prohibitions on disseminating information created by the U.S. government intended to influence foreign audiences. Zorinsky Amendment

Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, popularly known as the Zorinsky Amendment, prohibits the use of public diplomacy funds "to influence public opinion in the United States." Duplication of Effort— Because of the numerous changes to the bureaucratic structure of U.S. public diplomacy, as well as the overlap of communications activities of State Department domestic public affairs activities with its foreign public diplomacy activities, the ban on domestic dissemination may require different offices within the State Department to replicate communications and information products for separate domestic and foreign consumption. 5736 and Section 1097 of H.R. Removing the Ban on Domestic Dissemination of Information

The proposed restatements of Smith-Mundt Section 501 and the Zorinsky Amendment primarily would remove the prohibition on making public diplomacy materials available to domestic audiences while retaining the prohibition on influencing public opinion in the United States. Second, the restated provision invokes the afore-discussed Sections 502 and 1005 of the Smith-Mundt Act calling for utilization of private media in disseminating international information program materials authorized by the act: "Such material may be made available within the United States and disseminated, when appropriate, pursuant to sections 502 and 1005 of the [Smith-Mundt Act]...."

		Clarifying Scope of Application

The Section 501 restatement would clarify international information program authority to include the BBG as well as the Secretary of State, reflecting the BBG's status as an independent government agency following the 1999 restructuring of certain foreign policy entities. 2681-761; 22 U.S.C. Proponents of the amendments assert that these international information materials are primarily explanations of U.S. government policies, as well as information that describes American cultures, the U.S. political system, and U.S. history. 101-246 ; 22 U.S.C. While this merging of foreign and domestic audiences may merely reflect a reality about the current global reach of almost every type of information and communication technology, it can be argued that it might pose a problem for the established historical mission of U.S. public diplomacy and U.S. international broadcasting in informing foreign publics about the United States to advance U.S. foreign policy and national interests. §1461-1a)
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Public diplomacy involves U.S. government activities to conduct U.S. foreign policy and promote U.S. national interests through direct outreach and communication with the population of foreign countries. Public diplomacy and international broadcasting activities, conducted by the Department of State, U.S. diplomatic personnel abroad, and U.S. international broadcasters such as the Voice of America, include providing information to foreign publics through broadcast and Internet media and at libraries and other outreach facilities in foreign countries; conducting cultural diplomacy, such as art exhibits and music performances; and administering international educational and professional exchange programs.
For decades, Congress has enacted legislative provisions concerning U.S. government communications to U.S. domestic audiences that prohibit influencing public opinion through unauthorized publicity or propaganda. In the case of U.S. public diplomacy and international broadcasting, two additional legislative provisions prohibit the dissemination and general availability of communications and related materials intended for foreign publics to U.S. domestic audiences: Section 501 of the United States Information and Educational Exchange Act of 1948 ("Smith-Mundt Act"; P.L. 80-402, 22 U.S.C. §1461) as well as Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 ("Zorinsky Amendment"; P.L. 99-93; 22 U.S.C. §1461-1a).
Proposed in the 112th Congress, the Smith-Mundt Modernization Act of 2012 (H.R. 5736), and identical provisions included at Section 1097 of the National Defense Authorization Act, Fiscal Year 2013 (NDAA; H.R. 4310), would amend and restate these two legislative provisions restricting domestic availability and dissemination of communications created by the State Department and the Broadcasting Board of Governors (BBG) to target and influence foreign publics. The proposed amendments to these provisions would remove the prohibition on domestic dissemination of public diplomacy information produced by the Department of State and the BBG intended for foreign audiences, while maintaining the prohibition on using public diplomacy funds to influence U.S. public opinion.
Proponents of amending these two sections argue that the ban on domestic dissemination of public diplomacy information is impractical given the global reach of modern communications, especially the Internet, and that it unnecessarily prevents valid U.S. government communications with foreign publics due to U.S. officials' fear of violating the ban. They assert as well that lifting the ban will promote the transparency in the United States of U.S. public diplomacy and international broadcasting activities conducted abroad. Critics of lifting the ban state that it may open the door to more aggressive U.S. government activities to persuade U.S. citizens to support government policies, and might also divert the focus of State Department and the BBG communications from foreign publics, reducing their effectiveness.
For further discussion of the Smith-Mundt Act's domestic dissemination ban as well as general information on U.S. public diplomacy and international broadcasting, see CRS Report R40989, U.S. Public Diplomacy: Background and Current Issues, by [author name scrubbed] and [author name scrubbed]. For explanation of legislative restrictions on U.S. government communications to domestic audiences, see CRS Report RL32750, Public Relations and Propaganda: Restrictions on Executive Agency Activities, by [author name scrubbed] (pdf). For a discussion of the NDAA, see CRS Report R42607, Defense: FY2013 Authorization and Appropriations, by [author name scrubbed] and [author name scrubbed].