S2844-119

1. Short title This Act may be cited as the Charlie Kirk Act.

2. Dissemination abroad of information about the United States Section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows: The Chief Executive Officer of the United States Agency for Global Media (referred to in this section as the USAGM CEO), working through its component networks, is authorized to provide for the preparation, and dissemination abroad, of information about the United States, its people, and its policies, through press, publications, radio, motion pictures, the internet, and other information media, and through information centers, instructors abroad, and other direct or indirect means of communication. Except as provided in subsection (b), any such information (other than Problems of Communism and the English Teaching Forum, which may be sold by the Government Publishing Office) may not be disseminated within the United States, its territories, or possessions. However, such information may be made available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and on request, shall be made available for examination by Members of Congress. The USAGM CEO shall make available to the Archivist of the United States (referred to in this subsection as the Archivist), for domestic distribution, motion pictures, films, video, audio, and other materials prepared for dissemination abroad beginning 12 years after the date on which— such material was initially disseminated abroad; or the material was prepared, if such material was never disseminated abroad. The USAGM CEO shall be reimbursed for any expenses resulting from the implementation of paragraph (1). Such reimbursement shall be credited to the applicable appropriation of the United States Agency for Global Media. The Archivist— shall be the official custodian of the material described in paragraph (1); shall promulgate regulations to ensure that persons seeking the release of such material— have secured necessary United States rights and licenses; and have paid a fee, in accordance with section 2116(c) of title 44, United States Code, which is sufficient to cover the costs incurred by the Archivist to provide such material to such persons; and all fees collected pursuant to subparagraph (B)(ii) are paid into, administered, and expended as part of the National Archives Trust Fund. Nothing in this section may be construed to require the USAGM CEO to make material disseminated abroad available in any format other than in the format disseminated abroad. 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: Except as provided in subsections (b) and (c) and in section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)— amounts appropriated to the United States Agency for Global Media or its component networks (referred to collectively in this section as USAGM) may not be used to influence public opinion in the United States; and no program material prepared by USAGM may be distributed within the United States. The limitation under subsection (a) shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.). Nothing in this section may be construed to prohibit any employee of the United States Agency for Global Media from responding to inquiries from members of the public about USAGM operations, policies, or programs. The table of contents for the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended by striking the item relating to section 208 and inserting the following: 501.General authorization (a)Dissemination of information abroadThe Chief Executive Officer of the United States Agency for Global Media (referred to in this section as the USAGM CEO), working through its component networks, is authorized to provide for the preparation, and dissemination abroad, of information about the United States, its people, and its policies, through press, publications, radio, motion pictures, the internet, and other information media, and through information centers, instructors abroad, and other direct or indirect means of communication. Except as provided in subsection (b), any such information (other than Problems of Communism and the English Teaching Forum, which may be sold by the Government Publishing Office) may not be disseminated within the United States, its territories, or possessions. However, such information may be made available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and on request, shall be made available for examination by Members of Congress. (b)Dissemination of information within the United States (1)In generalThe USAGM CEO shall make available to the Archivist of the United States (referred to in this subsection as the Archivist), for domestic distribution, motion pictures, films, video, audio, and other materials prepared for dissemination abroad beginning 12 years after the date on which— (A)such material was initially disseminated abroad; or (B)the material was prepared, if such material was never disseminated abroad. (2)ReimbursementThe USAGM CEO shall be reimbursed for any expenses resulting from the implementation of paragraph (1). Such reimbursement shall be credited to the applicable appropriation of the United States Agency for Global Media. (3)Responsibilities of the archivistThe Archivist— (A)shall be the official custodian of the material described in paragraph (1); (B)shall promulgate regulations to ensure that persons seeking the release of such material— (i)have secured necessary United States rights and licenses; and (ii)have paid a fee, in accordance with section 2116(c) of title 44, United States Code, which is sufficient to cover the costs incurred by the Archivist to provide such material to such persons; and (C)all fees collected pursuant to subparagraph (B)(ii) are paid into, administered, and expended as part of the National Archives Trust Fund. (c)Rule of constructionNothing in this section may be construed to require the USAGM CEO to make material disseminated abroad available in any format other than in the format disseminated abroad.. 208.Ban on domestic activities of the United States Agency for Global Media (a)In generalExcept as provided in subsections (b) and (c) and in section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)— (1)amounts appropriated to the United States Agency for Global Media or its component networks (referred to collectively in this section as USAGM) may not be used to influence public opinion in the United States; and (2)no program material prepared by USAGM may be distributed within the United States. (b)ExemptionThe limitation under subsection (a) shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.). (c)Savings provisionNothing in this section may be construed to prohibit any employee of the United States Agency for Global Media from responding to inquiries from members of the public about USAGM operations, policies, or programs.. Sec. 208. Ban on domestic activities of the United States Agency for Global Media..

501. General authorization The Chief Executive Officer of the United States Agency for Global Media (referred to in this section as the USAGM CEO), working through its component networks, is authorized to provide for the preparation, and dissemination abroad, of information about the United States, its people, and its policies, through press, publications, radio, motion pictures, the internet, and other information media, and through information centers, instructors abroad, and other direct or indirect means of communication. Except as provided in subsection (b), any such information (other than Problems of Communism and the English Teaching Forum, which may be sold by the Government Publishing Office) may not be disseminated within the United States, its territories, or possessions. However, such information may be made available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and on request, shall be made available for examination by Members of Congress. The USAGM CEO shall make available to the Archivist of the United States (referred to in this subsection as the Archivist), for domestic distribution, motion pictures, films, video, audio, and other materials prepared for dissemination abroad beginning 12 years after the date on which— such material was initially disseminated abroad; or the material was prepared, if such material was never disseminated abroad. The USAGM CEO shall be reimbursed for any expenses resulting from the implementation of paragraph (1). Such reimbursement shall be credited to the applicable appropriation of the United States Agency for Global Media. The Archivist— shall be the official custodian of the material described in paragraph (1); shall promulgate regulations to ensure that persons seeking the release of such material— have secured necessary United States rights and licenses; and have paid a fee, in accordance with section 2116(c) of title 44, United States Code, which is sufficient to cover the costs incurred by the Archivist to provide such material to such persons; and all fees collected pursuant to subparagraph (B)(ii) are paid into, administered, and expended as part of the National Archives Trust Fund. Nothing in this section may be construed to require the USAGM CEO to make material disseminated abroad available in any format other than in the format disseminated abroad.

208. Ban on domestic activities of the United States Agency for Global Media Except as provided in subsections (b) and (c) and in section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)— amounts appropriated to the United States Agency for Global Media or its component networks (referred to collectively in this section as USAGM) may not be used to influence public opinion in the United States; and no program material prepared by USAGM may be distributed within the United States. The limitation under subsection (a) shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.). Nothing in this section may be construed to prohibit any employee of the United States Agency for Global Media from responding to inquiries from members of the public about USAGM operations, policies, or programs.