The
United States Department
of State (“DOS”) issued
an interim final rule amending regulations to implement Section
1078 of the National
Defense Authorization Act of 2013 (“NDAA”); and seeks
input on changing the availability of Public Diplomacy Program
Materials in the United States.
U.S. public diplomacy outreach includes communications with
foreign audiences abroad through Program Material. . . .” The DOS is amending prior
law to permit the DOS and the Broadcasting
Board of Governors (“BBG”) to now “make public diplomacy program material
available within the United States, upon request, following the dissemination
of such material abroad . . .”
The U.S. public diplomacy mission is to support the achievement of U.S. foreign
policy goals and objectives, advance national interests, and enhance national
security by certain means. Section 501
of the United States Information and Educational
Exchange Act of 1948, as
amended (22 U.S.C. 1461; “the Smith-Mundt Act”) (“Section 501”), governs the domestic distribution of certain information
about the United States, its people, and policies (“Program Material”) prepared for dissemination abroad. Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22
U.S.C. 1461-1a) (“Section 208”) governs the creation
of such (Program Material) material
for the purpose of influencing domestic public opinion. The NDAA amends and clarifies Section 501 and Section 208. Prior to NDAA, “such material could not be disseminated within the United States . .
. .”
- benefits the public, media, and other organizations by allowing them to request and access DOS Program Material, which previously could not be disseminated within the United States;
- will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government;
- is in response to a statutory requirement that will make more information available to the public; therefore, the benefits of the rulemaking outweigh any costs;
- will not have a significant impact upon small businesses;
- will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law; and
- will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million in any year and it will not significantly or uniquely affect small governments.
The DOS has determined that normal public rulemaking procedures are
not practical, not necessary, and that there is good cause under 5 U.S.C. 553(b)(B) and (d)(3) to exempt
this interim final rule from public
rulemaking procedures and to implement
it upon publication. In the interests of transparency and public participation, however, the DOS is
publishing this rule as an interim final
rule with a 60-day provision for public comment.
This interim final rule will be implemented as
of April 21, 2014. However, the DOS will
accept comments on the interim final rule from the public until June 20, 2014. Comments may be submitted by any of the
following methods:
- Online: Persons with access to the Internet may view this rule and provide comments by going to the regulations.gov Web site at: http://www.regulations.gov;
- Mail (paper, disk, or CD-ROM submission): Director, Office of Policy and Outreach, Bureau of International Information Programs, U.S. Department of State, State Annex 5 (SA-5), Floor 5, 2200 C Street NW., Washington, DC 20522-0505; or
- Email: IIP_Inquiries@state.gov. RIN (1400-AD50) must be included in the
subject line.
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