[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Reported in Senate (RS)]


                                                       Calendar No. 352
109th CONGRESS
  1st Session
                                 S. 967

                          [Report No. 109-210]

To amend the Communications Act of 1934 to ensure that prepackaged news 
stories contain announcements that inform viewers that the information 
  within was provided by the United States Government, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

Mr. Lautenberg (for himself, Mr. Kerry, Mrs. Clinton, Mr. Kennedy, Mr. 
   Dorgan, Mrs. Boxer, Mr. Dayton, Mr. Feingold, Mr. Akaka, and Mr. 
   Corzine) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           December 20, 2005

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to ensure that prepackaged news 
stories contain announcements that inform viewers that the information 
  within was provided by the United States Government, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Truth in Broadcasting Act 
of 2005''.</DELETED>

<DELETED>SEC. 2. TRUTH IN BROADCASTING OF PREPACKAGED NEWS 
              STORIES.</DELETED>

<DELETED>    Part I of title III of the Communications Act of 1934 (47 
U.S.C. 301 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 342. ANNOUNCEMENT OF FEDERAL AGENCY SPONSORSHIP OF 
              PREPACKAGED NEWS STORY.</DELETED>

<DELETED>    ``(a) Disclaimer Required.--Any prepackaged news story 
produced by or on behalf of a Federal agency that is broadcast or 
distributed by a network organization, broadcast licensee or permittee, 
or multichannel video programming distributor in the United States 
shall contain an announcement supplied by the Federal agency within the 
prepackaged news story that conspicuously identifies the United States 
Government as the source for the prepackaged news story.</DELETED>
<DELETED>    ``(b) Presentation.--The announcement required under 
subsection (a) shall be broadcast or distributed so as--</DELETED>
        <DELETED>    ``(1) to promote consistency with the announcement 
        requirements required under sections 317 and 507;</DELETED>
        <DELETED>    ``(2) in the case of television and other video 
        programming--</DELETED>
                <DELETED>    ``(A) to be visible for the entire 
                duration of the prepackaged news story; and</DELETED>
                <DELETED>    ``(B) to include the conspicuous display 
                of the statement `PRODUCED BY THE U.S. GOVERNMENT'; 
                and</DELETED>
        <DELETED>    ``(3) in the case of radio and other audio 
        programming, to audibly inform the audience of the source of 
        the prepackaged news story.</DELETED>
<DELETED>    ``(c) Removal of Disclaimer Prohibited.--It is unlawful 
for any person to remove an announcement required by this 
section.</DELETED>
<DELETED>    ``(d) FCC To Determine Nature of Disclaimers.--The 
Commission shall determine the exact design, presentation, and 
additional language, if any, required for the announcements described 
in subsection (a).</DELETED>
<DELETED>     ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code, and includes the Executive Office of the 
        President.</DELETED>
        <DELETED>    ``(2) Multichannel video programming 
        distributor.--The term `multichannel video programming 
        distributor' has the meaning given that term in section 
        602.</DELETED>
        <DELETED>    ``(3) Network organization.--</DELETED>
                <DELETED>    ``(A) In general.--The Commission shall 
                define the term `network organization' for purposes of 
                this section.</DELETED>
                <DELETED>    ``(B) Inclusion.--In defining `network 
                organization', the Commission shall include all 
                entities that may provide a prepackaged news story to a 
                broadcast licensee.</DELETED>
        <DELETED>    ``(4) Prepackaged news story.--The term 
        `prepackaged news story' means a complete, ready-to-use audio 
        or video news segment designed to be indistinguishable from a 
        news segment produced by an independent news 
        organization.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prepackaged News Story Announcement 
Act of 2005''.

SEC. 2. PREPACKAGED NEWS STORY ANNOUNCEMENTS.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following:

``SEC. 342. ANNOUNCEMENT OF UNITED STATES GOVERNMENT SPONSORSHIP OF A 
              PREPACKAGED NEWS STORY.

    ``(a) Disclaimer Required.--Any prepackaged news story produced by 
or on behalf of a Federal agency and intended for broadcast over the 
air or distribution by a multichannel video programming distributor 
within the United States shall contain a clear notification within the 
text or audio of the prepackaged news story that the prepackaged news 
story was prepared or funded by the `United States Government'.
    ``(b) Removal of Disclaimer.--The Commission shall promulgate rules 
governing the circumstances under which broadcasters or multichannel 
video programming distributors may remove or modify the notification 
required under subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) Prepackaged news story.--The term `prepackaged news 
        story' means a complete, ready-to-use audio or video news 
        segment designed to be indistinguishable from a news segment 
        produced by an independent news organization.
            ``(2) Multichannel video programming distributor.--The term 
        `multichannel video programming distributor' has the meaning 
        given that term by section 602(13).
    ``(d) Intelligence Activities.--Nothing in this section shall be 
construed to apply to any lawful and authorized intelligence activity 
of the United States government.''.
                                                       Calendar No. 352

109th CONGRESS

  1st Session

                                 S. 967

                          [Report No. 109-210]

_______________________________________________________________________

                                 A BILL

To amend the Communications Act of 1934 to ensure that prepackaged news 
stories contain announcements that inform viewers that the information 
  within was provided by the United States Government, and for other 
                               purposes.

_______________________________________________________________________

                           December 20, 2005

                       Reported with an amendment