Office of National Drug Control Policy--Video News Release

B-303495 Jan 04, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights In a letter dated July 29, 2004, Congress requested our opinion regarding prepackaged news stories contained in video news releases (VNRs) produced and distributed during fiscal years 2002, 2003, and 2004 by the Office of National Drug Control Policy (ONDCP). GAO was asked whether ONDCP's use of appropriated funds to produce these prepackaged news stories constitutes "covert propaganda" in violation of the publicity or propaganda prohibitions contained in the Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, div. F, title VI, 624, 118Stat. 3, 356 (Jan. 23, 2004) (fiscal year 2004); Consolidated Appropriations Resolution, 2003, Pub.L. No. 108-7, div.J, title VI, 626, 117 Stat. 11, 470 (Feb.20, 2003) (fiscal year 2003); and Treasury and General Government Appropriations Act, 2002, Pub. L. No.107-67, 626, 115 Stat. 514, 552 (Nov. 12, 2001) (fiscal year 2002). Congress also asked whether ONDCP's use of the term "Drug Czar" constitutes unlawful self-aggrandizement in violation of these same prohibitions. View Decision B-303495, Office of National Drug Control Policy--Video News Release, January 4, 2005 B-303495 January 4, 2005 The Honorable Henry A. Waxman Ranking Minority Member Committee on Government Reform U.S. House of Representatives The Honorable John W. Olver Ranking Minority Member Subcommittee on Transportation, Treasury and Independent Agencies Committee on Appropriations U.S. House of Representatives Subject: Office of National Drug Control Policy--Video News Release In a letter dated July 29, 2004, you requested our opinion regarding prepackaged news stories contained in video news releases (VNRs) produced and distributed during fiscal years 2002, 2003, and 2004 by the Office of National Drug Control Policy (ONDCP). You ask whether ONDCP's use of appropriated funds to produce these prepackaged news stories constitutes "covert propaganda" in violation of the publicity or propaganda prohibitions contained in the Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, div. F, title VI, 624, 118Stat. 3, 356 (Jan. 23, 2004) (fiscal year 2004); Consolidated Appropriations Resolution, 2003, Pub.L. No. 108-7, div.J, title VI, 626, 117 Stat. 11, 470 (Feb.20, 2003) (fiscal year 2003); and Treasury and General Government Appropriations Act, 2002, Pub. L. No.107-67, 626, 115 Stat. 514, 552 (Nov. 12, 2001) (fiscal year 2002). You also ask whether ONDCP's use of the term "Drug Czar" constitutes unlawful self-aggrandizement in violation of these same prohibitions. For the purposes of this opinion, we examined eight VNRs seven that you provided as part of your request, and one more that ONDCP provided to us. Seven of the eight VNRs include prepackaged news stories. As explained below, we conclude that the prepackaged news stories in these VNRs constitute covert propaganda and violated the publicity or propaganda prohibition because ONDCP did not identify itself to the viewing audience as the producer and distributor of these prepackaged news stories. We also find that ONDCP's use of the term "Drug Czar" to describe the Director of ONDCP does not constitute unlawful self-aggrandizement. This term was apparently coined in the news media many years ago and is in common usage today. While ONDCP employs the term in its prepackaged news stories and other press materials, it does not use the term to promote some sense of importance, accomplishment, respect, or authority for the Director, whether as an individual or as an officer of the government. B-302710, May19, 2004. Subsequently, you requested our opinion on whether the prepackaged news stories in ONDCP's VNRs might also violate applicable publicity or propaganda appropriations act prohibitions. [3] Consistent with our usual practice, we contacted ONDCP's General Counsel to request additional information, including ONDCP's justification for using appropriated funds to produce the prepackaged news stories in its VNRs. Letter from Susan A. Poling, Managing Associate General Counsel, GAO, to Edward H. Jurith, General Counsel, ONDCP, Sept. 3, 2004 (hereinafter, Poling Letter). Among other things, we asked ONDCP to authenticate the VNRs contained in the original videocassette that your staff provided us, as well as provide copies of any other VNRs produced or distributed by ONDCP during the past three fiscal years. [4] Id . In its reply to us, ONDCP provided its views on whether its prepackaged news stories violated the law. Letter from Edward H. Jurith, General Counsel, ONDCP, to Susan A. Poling, Managing Associate General Counsel, GAO, Sept. 30, 2004 (hereinafter, Jurith Letter) at 2, 3. ONDCP also provided two videocassettes of additional material, including a VNR not contained on the videocassette that you provided with your request. [5] Id. ONDCP's VNRs were prepared pursuant to the Drug-Free Media Campaign Act of 1998, Pub. L. No.