[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 649 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 649

 To amend title 18, United States Code, to provide a criminal penalty 
for journalists, who, without disclosure, accept Government payments to 
          promote Government policies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2005

  Mr. Keller introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide a criminal penalty 
for journalists, who, without disclosure, accept Government payments to 
          promote Government policies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunshine in Journalism Act of 
2005''.

SEC. 2. PURPOSE OF LEGISLATION.

    (a) Media Reports.--In January 2005, media reports revealed that 
some journalists received Federal payments from various Federal 
Government executive branch agencies to promote or comment upon certain 
government policies and legislation.
    (b) President's Order.--Subsequently, the President of the United 
States ordered all cabinet agencies to cease making any such payments 
to journalists in the future.
    (c) Intent of Act.--It is the intent of this Act is to--
            (1) require the prompt disclosure of all sums of dollars 
        received from the Federal Government, by journalists, for the 
        purpose of promoting, opposing, or commenting upon legislation, 
        or administration policies; and
            (2) ensure that any journalist who fails to make the 
        required disclosure will be deemed to be in violation of this 
        law and be subject to prosecution for a Federal class C 
        misdemeanor.

SEC. 3. DISCLOSURE REQUIREMENT.

    (a) Journalist Disclosure.--Chapter 63 of title 18, United States 
Code is amended by inserting the following after section 1343:
``Sec. 1343a. Broadcast and print journalism disclosures; criminal 
              penalties for failure to disclose agreements
    ``(a) Any print journalist or broadcast journalist within the 
United States who accepts, or agrees to accept, any money, service, or 
other valuable consideration from any Federal Government agency for 
promoting, opposing, or commenting on legislation, policies, 
regulations, or laws, shall file a disclosure form with the Department 
of Justice within 30 days of any such acceptance or agreement, 
whichever is earlier.
    ``(b) The term ` print journalist' means a person employed by a 
newspaper, magazine, or other publication which is in one or more 
issues each year in interstate commerce, and in which a substantial 
portion of the content is devoted to the dissemination of news and 
editorial opinion.
    ``(c) The term `broadcast journalist' means a person employed by a 
radio, television, or cable television network or channel which 
broadcasts or otherwise transmits news and editorial opinion.
    ``(d) Whoever violates subsection (a) by failing to make the 
required timely, disclosure shall be fined up to $5,000 or imprisoned 
for not more than 30 days, or both; any organization who violates 
subsection (a) shall be fined not more than $10,000.''.
    (b) Rules and Regulations.--The Attorney General shall, not later 
than 90 days after the date of the enactment of this Act, make all 
necessary rules and regulations to implement the disclosure 
requirement, including a disclosure form to be used by print and 
broadcast journalists who are subject to the requirement set forth in 
subsection (a) of the section 1343a, as added to title 18, United 
States Code, by this Act, and all such disclosure forms completed by 
journalists shall be made available to the public under section 552 of 
title 5, United States Code (commonly called the Freedom of Information 
Act).
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 63 of title 18, United States Code, is amended by inserting 
after the item relating to section 1343 the following new item:

``1343a. Broadcast and print journalism disclosures; criminal penalties 
                            for failure to disclose agreements.''.
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