DEPARTMENT OF HOMELAND SECURITY 

Office of Inspector General 

Letter Report: 

DHS Compliance with 

Prepackaged News Prohibition
 

OIG-08-89 September 2008
 

 

Office of Inspector General 

U.S. Department of Homeland Security 

Washington, DC 20528 

September 2, 2008 

MEMORANDUM FOR: J. Edward Fox 

 Assistant Secretary 

Office of Public Affairs 

FROM: Richard L. Skinner 

 Inspector General 

SUBJECT: Letter Report: DHS Compliance with Prepackaged News 

Prohibition 

We initiated a review to determine the Department of Homeland Security’s (DHS) 

compliance with the prohibition against producing prepackaged news stories without 

clear notification that the prepackaged news story was prepared or funded by the 

department. The House and Senate Committees on Appropriations required that we 

conduct this review. 

We reviewed how DHS headquarters and a selection of its components provide 

information to the public and, specifically, whether their activities include producing and 

distributing prepackaged news stories. The selected components include U.S. Customs 

and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), the 

Federal Emergency Management Agency (FEMA), the Transportation Security 

Administration (TSA), and the U.S. Coast Guard. We determined that the department 

does not produce prepackaged news stories for broadcast or distribution within the United 

States. 

Should you have any questions, please call me, or your staff may contact 

Carlton I. Mann, Assistant Inspector General for Inspections, at (202) 254-4100. 

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Background 

The Consolidated Appropriations Act, 2008 (Public Law 110-161) includes a 

government-wide prohibition against the use of appropriated funds to produce 

unattributed prepackaged news stories. Similar prohibitions have appeared in annual 

appropriations bills since 1951. According to the 2008 Act, 

Unless otherwise authorized by existing law, none of the funds 

provided in this Act or any other Act may be used by an executive 

branch agency to produce any prepackaged news story intended for 

broadcast or distribution in the United States, unless the story 

includes a clear notification within the text or audio of the 

prepackaged news story that the prepackaged news story was 

prepared or funded by that executive branch agency.1 

The Government Accountability Office (GAO) reviewed a number of instances of federal 

agencies producing and distributing prepackaged news stories, and in February 2005, 

issued an opinion to federal agencies reminding them of the prohibition and providing a 

description of prepackaged news stories. According to the opinion, 

Prepackaged news stories are complete, audio-video presentations 

that may be included in video news releases . . . . They are 

intended to be indistinguishable from news segments broadcast to 

the public by independent television news organizations.2
 

This description is the clearest explanation we have found for prepackaged news stories. 

DHS public affairs officials agreed with this description and emphasized that 

transparency is crucial when providing information to the public. Because the 

Consolidated Appropriations Act, 2008 does not specifically define prepackaged news 

stories, we used the GAO description for the purpose of determining DHS compliance 

with the prohibition. 

1 P.L. 110-161, Division D, Title VII, § 741, 12/26/07. 

2

 Government Accountability Office, Prepackaged News Stories, B-304272, p. 1.
 

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FEMA’s October 2007 Press Conference 

On October 23, 2007, FEMA held a press conference at which no media were in attendance because 

they were given very short notice of the event. Reporters could call in to listen, but were unable to ask 

questions during the press conference. Instead, only FEMA public affairs staff attended and asked 

questions of FEMA’s Deputy Administrator. While the press conference was widely criticized as 

inappropriate, it was not an instance of a prepackaged news story. 

A DHS review of the incident determined that the inadequate planning and execution of this press 

conference was an exception, and that there was no intent to deceive the media or the public. The 

review identified several factors that contributed to the incident: a lack of leadership and oversight 

within FEMA’s Office of External Affairs, poor communication within the office, and a series of 

questionable staff decisions, including not pushing back the press conference start time and instructing 

staff to be prepared to “spur discussion.” Since the incident, FEMA has implemented several reforms, 

including instituting standard operating procedures for press events, defining roles and responsibilities 

for staff, providing training, and promoting a culture of transparency, responsibility, and accountability 

from senior management to staff. In addition, FEMA apologized for its actions and bad judgment at the 

press conference, and disciplinary action was taken, as appropriate, against the individuals involved. 

DHS Does Not Produce Prepackaged News Stories 

DHS public affairs officials are committed to providing reliable and timely information to 

the public in a transparent manner. To do this, DHS and its component organizations 

produce and distribute a variety of products. The department, however, does not produce 

prepackaged news stories. 

DHS, CBP, ICE, FEMA, TSA, and the Coast Guard produce a number of products for 

external distribution. Examples include press releases, fact sheets, informational 

brochures, and photographs. Other public relations activities include public service 

announcements, interviews, and press conferences. In addition, some component 

organizations produce videos and b-roll, or raw video footage, of DHS employees 

performing their duties. None of the components add narration to their b-roll footage, 

and most remove all audio before releasing the footage to the media or public. 

Occasionally, the Coast Guard releases video footage including technical explanations by 

Coast Guard personnel. All products are clearly identified as having been produced by 

DHS or the specific component, and most include the DHS seal. 

DHS distributes public affairs products and department information to the media using a 

number of methods, including media advisories, websites, tapes or discs, and links to 

satellite downloads. Ultimately, the media decides what is newsworthy and creates news 

stories using the information received from the department. Once the media obtains DHS 

video footage, the department does not control how the media uses it. For example, the 

media can edit the footage—select specific video clips from a larger video or add 

narration—and then broadcast or distribute their news report. The department may or 

may not be identified as the source of the video footage used in the broadcast report. 

DHS and its components work regularly with the media to communicate information 

regarding incidents or operations to the public. Complete transparency is required in 

order to maintain credibility when providing information to the media and the public. 

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Producing news stories that would be indistinguishable from a broadcast news report 

would undermine that credibility. While there is currently no written policy or guidance 

within DHS, CBP, ICE, FEMA, TSA, or the Coast Guard regarding prepackaged news 

stories, the department’s unwritten policy is clear and understood by DHS public affairs 

personnel—DHS does not produce prepackaged news. 

The department has committed to issuing written guidance on this policy following our 

review. Because it does not produce prepackaged news stories, compliance with the 

prohibition should be assured. 

Management Comments and OIG Analysis 

We received a written response to our draft report from the DHS Assistant Secretary for 

Public Affairs. A copy of the comments is included in Appendix A. The Assistant 

Secretary concurred with our finding that DHS and the selected components do not 

produce prepackaged news stories. 

***************** 

We conducted our review from April 2008 to June 2008. This review was conducted 

under the authority of the Inspector General Act of 1978, as amended, and according to 

the Quality Standards for Inspections issued by the President’s Council on Integrity and 

Efficiency. 

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Appendix A 

Management Response

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Appendix A 

Management Response

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Appendix B 

Major Contributors to This Report

Douglas Ellice, Chief Inspector 

Jennifer Lindsey, Inspector (Team Leader) 

Kristine Odiña, Inspector 

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Appendix C 

Report Distribution

Department of Homeland Security 

Secretary 

Deputy Secretary 

Chief of Staff 

Deputy Chief of Staff 

General Counsel 

Executive Secretary 

Under Secretary, Management 

Assistant Secretary for Office of Policy 

Assistant Secretary for Office of Legislative Affairs 

Assistant Secretary for Public Affairs 

Chief Information Officer 

Chief Information Security Officer 

Commissioner for Customs and Border Protection 

Assistant Secretary for Immigration and Customs Enforcement 

Commandant, U.S. Coast Guard 

Assistant Secretary, Transportation and Security Administration 

Administrator, Federal Emergency Management Agency 

DHS OIG Liaison 

CBP OIG Liaison 

ICE OIG Liaison 

U.S. Coast Guard OIG Liaison 

TSA OIG Liaison 

FEMA OIG Liaison 

Office of Management and Budget 

Chief, Homeland Security Branch 

DHS OIG Budget Examiner 

Congress 

Congressional Oversight and Appropriations committees, as 

appropriate 

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Additional Information and Copies 

To obtain additional copies of this report, call the Office of Inspector General 

(OIG) at (202) 254-4199, fax your request to (202) 254-4305, or visit the OIG web 

site at www.dhs.gov/oig. 

OIG Hotline 

To report alleged fraud, waste, abuse or mismanagement, or any other kind of 

criminal or noncriminal misconduct relative to department programs or 

operations: 

• Call our Hotline at 1-800-323-8603; 

• Fax the complaint directly to us at (202) 254-4292; 

• Email us at DHSOIGHOTLINE@dhs.gov; or 

• Write to us at: 

DHS Office of Inspector General/MAIL STOP 2600, 

Attention: 

Office of Investigations – Hotline, 

245 Murray Drive, SW, Building 410, 

Washington, DC 20528. 

The OIG seeks to protect the identity of each writer and caller.