II 

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. 
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•S 967 RS 

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 ‘‘Truth in Broadcasting 

5 Act of 2005’’. 

6 SEC. 2. TRUTH IN BROADCASTING OF PREPACKAGED NEWS 

7 STORIES. 

8 Part I of title III of the Communications Act of 1934 

9 (47 U.S.C. 301 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 342. ANNOUNCEMENT OF FEDERAL AGENCY SPON12 SORSHIP OF PREPACKAGED NEWS STORY. 

13 ‘‘(a) DISCLAIMER REQUIRED.—Any prepackaged 

14 news story produced by or on behalf of a Federal agency 

15 that is broadcast or distributed by a network organization, 

16 broadcast licensee or permittee, or multichannel video pro17 gramming distributor in the United States shall contain 

18 an announcement supplied by the Federal agency within 

19 the prepackaged news story that conspicuously identifies 

20 the United States Government as the source for the pre21 packaged news story. 

22 ‘‘(b) PRESENTATION.—The announcement required 

23 under subsection (a) shall be broadcast or distributed so 

24 as— 
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•S 967 RS 

1 ‘‘(1) to promote consistency with the announce2 ment requirements required under sections 317 and 

3 507; 

4 ‘‘(2) in the case of television and other video 

5 programming— 

6 ‘‘(A) to be visible for the entire duration of 

7 the prepackaged news story; and 

8 ‘‘(B) to include the conspicuous display of 

9 the statement ‘PRODUCED BY THE U.S. 

10 GOVERNMENT’; and 

11 ‘‘(3) in the case of radio and other audio pro12 gramming, to audibly inform the audience of the 

13 source of the prepackaged news story. 

14 ‘‘(c) REMOVAL OF DISCLAIMER PROHIBITED.—It is 

15 unlawful for any person to remove an announcement re16 quired by this section. 

17 ‘‘(d) FCC TO DETERMINE NATURE OF DIS18 CLAIMERS.—The Commission shall determine the exact 

19 design, presentation, and additional language, if any, re20 quired for the announcements described in subsection (a). 

21 ‘‘(e) DEFINITIONS.—In this section: 

22 ‘‘(1) AGENCY.—The term ‘agency’ has the same 

23 meaning given such term in section 551 of title 5, 

24 United States Code, and includes the Executive Of25 fice of the President. 
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1 ‘‘(2) MULTICHANNEL VIDEO PROGRAMMING

2 DISTRIBUTOR.—The term ‘multichannel video pro3 gramming distributor’ has the meaning given that 

4 term in section 602. 

5 ‘‘(3) NETWORK ORGANIZATION.— 

6 ‘‘(A) IN GENERAL.—The Commission shall 

7 define the term ‘network organization’ for pur8 poses of this section. 

9 ‘‘(B) INCLUSION.—In defining ‘network or10 ganization’, the Commission shall include all en11 tities that may provide a prepackaged news 

12 story to a broadcast licensee. 

13 ‘‘(4) PREPACKAGED NEWS STORY.—The term 

14 ‘prepackaged news story’ means a complete, ready15 to-use audio or video news segment designed to be 

16 indistinguishable from a news segment produced by 

17 an independent news organization.’’. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Prepackaged News Story 

20 Announcement Act of 2005’’. 

21 SEC. 2. PREPACKAGED NEWS STORY ANNOUNCEMENTS. 

22 Part I of title III of the Communications Act of 1934 

23 (47 U.S.C. 301 et seq.) is amended by adding at the end 

24 the following: 
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•S 967 RS 

1 ‘‘SEC. 342. ANNOUNCEMENT OF UNITED STATES GOVERN2 MENT SPONSORSHIP OF A PREPACKAGED 

3 NEWS STORY. 

4 ‘‘(a) DISCLAIMER REQUIRED.—Any prepackaged news 

5 story produced by or on behalf of a Federal agency and 

6 intended for broadcast over the air or distribution by a mul7 tichannel video programming distributor within the United 

8 States shall contain a clear notification within the text or 

9 audio of the prepackaged news story that the prepackaged 

10 news story was prepared or funded by the ‘United States 

11 Government’. 

12 ‘‘(b) REMOVAL OF DISCLAIMER.—The Commission 

13 shall promulgate rules governing the circumstances under 

14 which broadcasters or multichannel video programming 

15 distributors may remove or modify the notification required 

16 under subsection (a). 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) PREPACKAGED NEWS STORY.—The term 

19 ‘prepackaged news story’ means a complete, ready-to20 use audio or video news segment designed to be indis21 tinguishable from a news segment produced by an 

22 independent news organization. 

23 ‘‘(2) MULTICHANNEL VIDEO PROGRAMMING DIS24 TRIBUTOR.—The term ‘multichannel video program25 ming distributor’ has the meaning given that term by 

26 section 602(13). 
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•S 967 RS 

1 ‘‘(d) INTELLIGENCE ACTIVITIES.—Nothing in this sec2 tion shall be construed to apply to any lawful and author3 ized 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 enGovernment, and for other purposes. mation within was provided by the United States nouncements that inform viewers that the infor- sure that prepackaged news stories contain anDECEMBER 20, 2005 

Reported with an amendment