II 

109TH CONGRESS 

1ST SESSION S. 266 

To stop taxpayer funded Government propaganda. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2005 

Mr. LAUTENBERG (for himself, Mr. KENNEDY, Mr. DURBIN, Mr. CORZINE, 

Mrs. CLINTON, Mr. DORGAN, Mrs. MURRAY, Mr. JOHNSON, Mr. REED, 

Mr. LIEBERMAN, and Mr. LEAHY) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To stop taxpayer funded Government propaganda. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Government 

5 Propaganda Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Since 1951, the following prohibition on the 

9 use of appropriated funds for propaganda purposes 

10 has been enacted annually: ‘‘No part of any appro11 priation contained in this or any other Act shall be 
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1 used for publicity or propaganda purposes within the 

2 United States not heretofore authorized by Con3 gress.’’. 

4 (2) On May 19, 2004, the Government Ac5 countability Office (GAO) ruled that the Department 

6 of Health and Human Services violated the publicity 

7 and propaganda prohibitions by creating fake tele8 vision new stories for distribution to broadcast sta9 tions across the country. 

10 (3) On January 4, 2005, the GAO ruled that 

11 the Office of National drug Control Policy violated 

12 the publicity and propaganda prohibitions by distrib13 uting fake television news stories to broadcast sta14 tions from 2002 to 2004. 

15 (4) In 2003, the Department of Education vio16 lated publicity and propaganda prohibitions by using 

17 of taxpayer funds to create fake television news sto18 ries promoting the ‘‘No Child Left Behind’’ program 

19 violated the propaganda prohibition. 

20 (5) An analysis of individual journalists, paid 

21 for by the Department of Education in 2003, which 

22 ranked reporters on how positive their articles por23 trayed the Administration and the Republican Party, 

24 constituted a gross violation of the law prohibiting 
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1 propaganda and the use of taxpayer funds for par2 tisan purposes. 

3 (6) The payment of taxpayer funds to journalist 

4 Armstrong Williams in 2003 to promote Administra5 tion education policies violated the ban on covert 

6 propaganda. 

7 (7) The payment of taxpayer funds to journalist 

8 Maggie Gallagher in 2002 to promote Administra9 tion welfare and family policies violated the ban on 

10 covert propaganda. 

11 (8) Payment for and construction of 8 little red 

12 schoolhouse facades at the entranceways to the De13 partment of Education headquarters in Washington, 

14 DC to boost the image of the ‘‘No Child Left Be15 hind’’ program was an inappropriate use of taxpayer 

16 dollars. 

17 (9) Messages inserted into Social Security Ad18 ministration materials in 2004 and 2005 intended to 

19 further grassroots lobbying efforts in favor of Presi20 dent Bush’s Social Security privatization plan is an 

21 inappropriate use of taxpayer funds. 

22 (10) The Department of Health and Human 

23 Services ignored the Government Accountability Of24 fice’s legal decision of May 19, 2004, and failed to 

25 follow the GAO’s directive to report its Anti-Defi-
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1 ciency Act violation to Congress and the President, 

2 as provided by section 1351 of title 31, United 

3 States Code. 

4 (11) Despite numerous violations of the propa5 ganda law, the Department of Justice has not acted 

6 to enforce the law or follow the requirements of the 

7 Anti-Deficiency Act. 

8 (12) In order to protect taxpayer funds, strong9 er measures must be enacted into law to require ac10 tual enforcement of the ban on the use of taxpayer 

11 funds for propaganda purposes. 

12 SEC. 3. DEFINITION. 

13 In this Act, the term ‘‘publicity’’ or ‘‘propaganda’’ 

14 includes— 

15 (1) a news release or other publication that 

16 does not clearly identify the Government agency di17 rectly or indirectly (through a contractor) financially 

18 responsible for the message; 

19 (2) any audio or visual presentation that does 

20 not continuously and clearly identify the Government 

21 agency directly or indirectly financially responsible 

22 for the message; 

23 (3) an Internet message that does not continu24 ously and clearly identify the Government agency di-
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1 rectly or indirectly financially responsible for the 

2 message; 

3 (4) any attempt to manipulate the news media 

4 by payment to any journalist, reporter, columnist, 

5 commentator, editor, or news organization; 

6 (5) any message designed to aid a political 

7 party or candidate; 

8 (6) any message with the purpose of self-ag9 grandizement or puffery of the Administration, 

10 agency, Executive branch programs or policies, or 

11 pending congressional legislation; 

12 (7) a message of a nature tending to emphasize 

13 the importance of the agency or its activities; 

14 (8) a message that is so misleading or inac15 curate that it constitutes propaganda; and 

16 (9) the preparation, distribution, or use of any 

17 kit, pamphlet, booklet, publication, radio, television, 

18 or video presentation designed to support or defeat 

19 legislation pending before Congress or any State leg20 islature, except in presentation to Congress or any 

21 State legislature itself. 

22 SEC. 4. PROHIBITION ON PUBLICITY OR PROPAGANDA AND 

23 ENFORCEMENT. 

24 (a) IN GENERAL.—The senior official of an Executive 

25 branch agency who authorizes or directs funds appro-
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1 priated to such Executive branch agency for publicity or 

2 propaganda purposes within the United States, unless au3 thorized by law, is liable to the United States Government 

4 for a civil penalty of not less than $5,000 and not more 

5 than $10,000, plus 3 times the amount of funds appro6 priated. 

7 (b) RESPONSIBILITIES OF THE ATTORNEY GEN8 ERAL.—The Attorney General diligently shall investigate 

9 a violation of subsection (a). If the Attorney General finds 

10 that a person has violated or is violating subsection (a), 

11 the Attorney General may bring a civil action under this 

12 section against the person. 

13 (c) ACTIONS BY PRIVATE PERSONS.— 

14 (1) IN GENERAL.—A person may bring a civil 

15 action for a violation of subsection (a) for the person 

16 and for the United States Government. The action 

17 shall be brought in the name of the Government. 

18 The action may be dismissed only if the court and 

19 the Attorney General give written consent to the dis20 missal and their reasons for consenting. 

21 (2) NOTICE.—A copy of the complaint and 

22 written disclosure of substantially all material evi23 dence and information the person possesses shall be 

24 served on the Government pursuant to Rule 4(d)(4) 

25 of the Federal Rules of Civil Procedure. The com-
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1 plaint shall be filed in camera, shall remain under 

2 seal for at least 60 days, and shall not be served on 

3 the defendant until the court so orders. The Govern4 ment may elect to intervene and proceed with the ac5 tion within 60 days after it receives both the com6 plaint and the material evidence and information. 

7 (3) DELAY OF NOTICE.—The Government may, 

8 for good cause shown, move the court for extensions 

9 of the time during which the complaint remains 

10 under seal under paragraph (2). Any such motions 

11 may be supported by affidavits or other submissions 

12 in camera. The defendant shall not be required to 

13 respond to any complaint filed under this section 

14 until 20 days after the complaint is unsealed and 

15 served upon the defendant pursuant to Rule 4 of the 

16 Federal Rules of Civil Procedure. 

17 (4) GOVERNMENT ACTION.—Before the expira18 tion of the 60-day period or any extensions obtained 

19 under paragraph (3), the Government shall— 

20 (A) proceed with the action, in which case 

21 the action shall be conducted by the Govern22 ment; or 

23 (B) notify the court that it declines to take 

24 over the action, in which case the person bring-
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1 ing the action shall have the right to conduct 

2 the action. 

3 (5) LIMITED INTERVENTION.—When a person 

4 brings an action under this subsection, no person 

5 other than the Government may intervene or bring 

6 a related action based on the facts underlying the 

7 pending action. 

8 (d) RIGHTS OF THE PARTIES.— 

9 (1) GOVERNMENT ACTION.—If the Government 

10 proceeds with the action, it shall have the primary 

11 responsibility for prosecuting the action, and shall 

12 not be bound by an act of the person bringing the 

13 action. Such person shall have the right to continue 

14 as a party to the action, subject to the limitations 

15 set forth in paragraph (2). 

16 (2) LIMITATIONS.— 

17 (A) DISMISSAL.—The Government may 

18 dismiss the action notwithstanding the objec19 tions of the person initiating the action if the 

20 person has been notified by the Government of 

21 the filing of the motion and the court has pro22 vided the person with an opportunity for a 

23 hearing on the motion. 

24 (B) SETTLEMENT.—The Government may 

25 settle the action with the defendant notwith-
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1 standing the objections of the person initiating 

2 the action if the court determines, after a hear3 ing, that the proposed settlement is fair, ade4 quate, and reasonable under all the cir5 cumstances. Upon a showing of good cause, 

6 such hearing may be held in camera. 

7 (C) PROCEEDINGS.—Upon a showing by 

8 the Government that unrestricted participation 

9 during the course of the litigation by the person 

10 initiating the action would interfere with or un11 duly delay the Government’s prosecution of the 

12 case, or would be repetitious, irrelevant, or for 

13 purposes of harassment, the court may, in its 

14 discretion, impose limitations on the person’s 

15 participation, such as— 

16 (i) limiting the number of witnesses 

17 the person may call; 

18 (ii) limiting the length of the testi19 mony of such witnesses; 

20 (iii) limiting the person’s cross-exam21 ination of witnesses; or 

22 (iv) otherwise limiting the participa23 tion by the person in the litigation. 

24 (D) LIMIT PARTICIPATION.—Upon a show25 ing by the defendant that unrestricted partici-
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1 pation during the course of the litigation by the 

2 person initiating the action would be for pur3 poses of harassment or would cause the defend4 ant undue burden or unnecessary expense, the 

5 court may limit the participation by the person 

6 in the litigation. 

7 (3) ACTION BY PERSON.—If the Government 

8 elects not to proceed with the action, the person who 

9 initiated the action shall have the right to conduct 

10 the action. If the Government so requests, it shall be 

11 served with copies of all pleadings filed in the action 

12 and shall be supplied with copies of all deposition 

13 transcripts (at the Government’s expense). When a 

14 person proceeds with the action, the court, without 

15 limiting the status and rights of the person initiating 

16 the action, may nevertheless permit the Government 

17 to intervene at a later date upon a showing of good 

18 cause. 

19 (4) INTERFERENCE.—Whether or not the Gov20 ernment proceeds with the action, upon a showing 

21 by the Government that certain actions of discovery 

22 by the person initiating the action would interfere 

23 with the Government’s investigation or prosecution 

24 of a criminal or civil matter arising out of the same 

25 facts, the court may stay such discovery for a period 
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1 of not more than 60 days. Such a showing shall be 

2 conducted in camera. The court may extend the 60- 

3 day period upon a further showing in camera that 

4 the Government has pursued the criminal or civil in5 vestigation or proceedings with reasonable diligence 

6 and any proposed discovery in the civil action will 

7 interfere with the ongoing criminal or civil investiga8 tion or proceedings. 

9 (5) GOVERNMENT ACTION.—Notwithstanding 

10 subsection (b), the Government may elect to pursue 

11 its claim through any alternate remedy available to 

12 the Government, including any administrative pro13 ceeding to determine a civil money penalty. If any 

14 such alternate remedy is pursued in another pro15 ceeding, the person initiating the action shall have 

16 the same rights in such proceeding as such person 

17 would have had if the action had continued under 

18 this section. Any finding of fact or conclusion of law 

19 made in such other proceeding that has become final 

20 shall be conclusive on all parties to an action under 

21 this section. For purposes of the preceding sentence, 

22 a finding or conclusion is final if it has been finally 

23 determined on appeal to the appropriate court of the 

24 United States, if all time for filing such an appeal 

25 with respect to the finding or conclusion has expired, 
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1 or if the finding or conclusion is not subject to judi2 cial review. 

3 (e) AWARD TO PRIVATE PLAINTIFF.— 

4 (1) GOVERNMENT ACTION.—If the Government 

5 proceeds with an action brought by a person under 

6 subsection (c), such person shall, subject to the sec7 ond sentence of this paragraph, receive at least 15 

8 percent but not more than 25 percent of the pro9 ceeds of the action or settlement of the claim, de10 pending upon the extent to which the person sub11 stantially contributed to the prosecution of the ac12 tion. 

13 (2) NO GOVERNMENT ACTION.—If the Govern14 ment does not proceed with an action under this sec15 tion, the person bringing the action or settling the 

16 claim shall receive an amount which the court de17 cides is reasonable for collecting the civil penalty and 

18 damages. The amount shall be not less than 25 per19 cent and not more than 30 percent of the proceeds 

20 of the action or settlement and shall be paid out of 

21 such proceeds. Such person shall also receive an 

22 amount for reasonable expenses which the court 

23 finds to have been necessarily incurred, plus reason24 able attorneys’ fees and costs. All such expenses, 
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1 fees, and costs shall be awarded against the defend2 ant. 

3 (3) FRIVOLOUS CLAIM.—If the Government 

4 does not proceed with the action and the person 

5 bringing the action conducts the action, the court 

6 may award to the defendant its reasonable attor7 neys’ fees and expenses if the defendant prevails in 

8 the action and the court finds that the claim of the 

9 person bringing the action was clearly frivolous, 

10 clearly vexatious, or brought primarily for purposes 

11 of harassment. 

12 (f) GOVERNMENT NOT LIABLE FOR CERTAIN EX13 PENSES.—The Government is not liable for expenses 

14 which a person incurs in bringing an action under this 

15 section. 

16 (g) FEES AND EXPENSES TO PREVAILING DEFEND17 ANT.—In civil actions brought under this section by the 

18 United States, the provisions of section 2412(d) of title 

19 28 shall apply. 

20 (h) WHISTLEBLOWER PROTECTION.— 

21 (1) IN GENERAL.—Any employee who is dis22 charged, demoted, suspended, threatened, harassed, 

23 or in any other manner discriminated against in the 

24 terms and conditions of employment by his or her 

25 employer because of lawful acts done by the em-
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1 ployee on behalf of the employee or others in fur2 therance of an action under this section, including 

3 investigation for, initiation of, testimony for, or as4 sistance in an action filed or to be filed under this 

5 section, shall be entitled to all relief necessary to 

6 make the employee whole. 

7 (2) RELIEF.—Relief under this subsection shall 

8 include reinstatement with the same seniority status 

9 such employee would have had but for the discrimi10 nation, 2 times the amount of back pay, interest on 

11 the back pay, and compensation for any special dam12 ages sustained as a result of the discrimination, in13 cluding litigation costs and reasonable attorneys’ 

14 fees. An employee may bring an action in the appro15 priate district court of the United States for the re16 lief provided in this subsection. 

17 SEC. 5. JUDICIAL NOTICE. 

18 The courts of the United States shall take cognizance 

19 and notice of any legal decision of the Government Ac20 countability Office interpreting the application of this Act. 

21 SEC. 6. POINT OF ORDER. 

22 (a) IN GENERAL.— 

23 (1) REDUCTION OF SALARY.—It shall not be in 

24 order in the House of Representatives or the Senate 

25 to consider a bill, amendment, or resolution pro-
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1 viding an appropriation for an agency that the Gov2 ernment Accountability Office has found in violation 

3 of this Act unless the appropriations for salary and 

4 expenses for the head of the relevant agency con5 tains a provision reducing the salary of the head by 

6 an amount equal to the illegal expenditure identified 

7 by the Government Accountability Office. If the ille8 gal expenditure exceeds the annual salary of the 

9 agency head, then the point of order shall continue 

10 until the remaining amount is subtracted from the 

11 salary of the agency head. 

12 (2) COMPLIANCE.—Paragraph (1) shall not 

13 apply if the agency is complying with the decision of 

14 the Government Accountability Office. 

15 (b) SUPERMAJORITY WAIVER AND APPEAL.—This 

16 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 17 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 18 ⁄5 of the Members of 

19 the Senate, duly chosen and sworn, shall be required in 

20 the Senate to sustain an appeal of the ruling of the Chair 

21 on a point of order raised under this section. 

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