[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4180 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4180

     To amend the Federal Election Campaign Act of 1971 to require 
communications which consist of prerecorded telephone calls to meet the 
  disclosure and disclaimer requirements applicable to general public 
   campaign communications transmitted through radio, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2005

Mrs. Schmidt (for herself and Mr. Shays) 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 require 
communications which consist of prerecorded telephone calls to meet the 
  disclosure and disclaimer requirements applicable to general public 
   campaign communications transmitted through radio, 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 ``Identification and Disclosure Act''.

SEC. 2. DISCLOSURE REQUIREMENTS AND OTHER RESTRICTIONS FOR 
              COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS.

    (a) Application of General Disclosure Requirements.--Section 318(a) 
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is 
amended by striking ``(as defined in section 304(f)(3)),'' and 
inserting ``(as defined in section 304(f)(3)) or for any communication 
which is a telephone call consisting in substantial part of a 
prerecorded audio message (other than a call placed to a customer or 
employee of the person making the disbursement),''.
    (b) Method of Disclosure; Other Restrictions.--Section 318(d) of 
such Act (2 U.S.C. 441d(d)) is amended by adding at the end the 
following new paragraph:
            ``(3) Special rules for prerecorded telephone calls.--Any 
        communication which is subject to the requirements of 
        subsection (a) and which is a telephone call consisting in 
        substantial part of a prerecorded audio message shall meet the 
        following requirements:
                    ``(A) The communication shall meet the requirements 
                for a communication which is transmitted through radio 
                which are applicable under paragraph (1)(A) (in the 
                case of a communication described in paragraph (1) or 
                (2) of subsection (a)) or under paragraph (2) (in the 
                case of a communication described in paragraph (3) of 
                subsection (a)), except that--
                            ``(i) the audio statement required shall 
                        clearly state the name and permanent street 
                        address of the person making the disbursement 
                        for the call; and
                            ``(ii) the audio statement required shall 
                        be made at the beginning of the telephone call.
                    ``(B) The telephone number which will appear in the 
                caller identification device of the recipient of the 
                telephone call shall be the telephone number of the 
                person making the disbursement for the call which is 
                used in the person's regular course of business, 
                without regard to whether or not the person placed the 
                telephone call itself.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
communications made on or after the date of the enactment of this Act.
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