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.

April 28, 2005

Mr. LAUTENBERG (for himself, Mr. KERRY, Mrs. CLINTON, Mr. KENNEDY, Mr. DORGAN, Mrs. BOXER, and Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Truth in Broadcasting Act of 2005'.

SEC. 2. TRUTH IN BROADCASTING OF PREPACKAGED NEWS STORIES.

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 FEDERAL AGENCY SPONSORSHIP OF PREPACKAGED NEWS STORY.

`(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.

`(b) PRESENTATION- The announcement required under subsection (a) shall be broadcast or distributed so as--

`(1) to promote consistency with the announcement requirements required under sections 317 and 507;

`(2) in the case of television and other video programming--

`(A) to be visible for the entire duration of the prepackaged news story; and

`(B) to include the conspicuous display of the statement `PRODUCED BY THE U.S. GOVERNMENT'; and

`(3) in the case of radio and other audio programming, to audibly inform the audience of the source of the prepackaged news story.

`(c) REMOVAL OF DISCLAIMER PROHIBITED- It is unlawful for any person to remove an announcement required by this section.

`(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).

`(e) DEFINITIONS- In this section:

`(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.

`(2) MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR- The term `multichannel video programming distributor' has the meaning given that term in section 602.

`(3) NETWORK ORGANIZATION-

`(A) IN GENERAL- The Commission shall define the term `network organization' for purposes of this section.

`(B) INCLUSION- In defining `network organization', the Commission shall include all entities that may provide a prepackaged news story to a broadcast licensee.

`(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.'.

END