[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4985 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4985

   To amend the Federal Election Campaign Act of 1971 to clarify the 
   requirements for the disclosure of identifying information within 
authorized campaign communications which are printed, to apply certain 
requirements regarding the disclosure of identifying information within 
 communications made through the Internet, to apply certain disclosure 
  requirements to prerecorded telephone calls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

Mr. Price of North Carolina (for himself and Mr. Castle) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Election Campaign Act of 1971 to clarify the 
   requirements for the disclosure of identifying information within 
authorized campaign communications which are printed, to apply certain 
requirements regarding the disclosure of identifying information within 
 communications made through the Internet, to apply certain disclosure 
  requirements to prerecorded telephone calls, 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 ``Stand By Your Internet Ad Act of 
2004''.

SEC. 2. CLARIFICATION OF PRESENTATION OF IDENTIFYING INFORMATION WITHIN 
              AUTHORIZED PRINTED CAMPAIGN COMMUNICATIONS.

    (a) Application to Communications Transmitted Through the 
Internet.--Section 318(c) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 441d(c)) is amended in the matter preceding paragraph (1) by 
striking ``subsection (a)'' and inserting the following: ``subsection 
(a), including the text of any communication described in such 
subsection which is transmitted through the Internet,''.
    (b) Inclusion of Clearly Readable Identifying Statement.--Section 
318(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(c)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of a communication described in paragraph 
        (1) or (2) of such subsection, include a clearly readable 
        statement identifying the candidate and stating that the 
        candidate has approved the communication which occupies not 
        less than 10 percent of the total area of the communication 
        (or, in the case of the text of a communication transmitted 
        through the Internet, is continuously visible and occupies such 
        portion of the visible screen as may be necessary to be clearly 
        legible based on the Internet connection of the recipient of 
        the communication).''.

SEC. 3. APPLICATION OF DISCLOSURE REQUIREMENTS FOR AUDIO AND VIDEO 
              COMMUNICATIONS TO AUDIO AND VIDEO PORTIONS OF 
              COMMUNICATIONS TRANSMITTED THROUGH INTERNET.

    Section 318(d)(1) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441d(d)(1)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Audio and video portions of communications 
                transmitted through internet.--In the case of a 
                communication described in paragraph (1) or (2) of 
                subsection (a) which is transmitted through the 
                Internet--
                            ``(i) any audio portion of the 
                        communication shall meet the requirements 
                        applicable under subparagraph (A) to 
                        communications transmitted through radio; and
                            ``(ii) any video portion of the 
                        communication shall meet the requirements 
                        applicable under subparagraph (B) to 
                        communications transmitted through 
                        television.''.

SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COMMUNICATIONS MADE 
              THROUGH PRERECORDED TELEPHONE CALLS.

    (a) Application of Requirements.--Section 318(a) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by 
inserting after ``mailing,'' each place it appears the following: 
``telephone call which consists in substantial part of a prerecorded 
audio message,''.
    (b) Treatment as Audio Communication.--Section 318(d)(1) of such 
Act (2 U.S.C. 441d(d)(1)), as amended by section 3, is further amended 
by adding at the end the following new subparagraph:
                    ``(D) Prerecorded telephone calls.--Any 
                communication described in paragraph (1) or (2) of 
                subsection (a) which is a telephone call which consists 
                in substantial part of a prerecorded audio message 
                shall meet the requirements applicable under 
                subparagraph (A) to communications transmitted through 
                radio, except that the statement required under such 
                subparagraph shall be made at the beginning of the 
                telephone call.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
communications made on or after January 1, 2005.
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