[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4749 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4749

To amend the Federal Election Campaign Act of 1971 to require personal 
disclosure statements in all third-party communications advocating the 
    election or defeat of a candidate, to require the disclosure of 
    identifying information within communications made through the 
  Internet, to apply disclosure requirements to prerecorded telephone 
                     calls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2010

Mr. Price of North Carolina (for himself, Mr. Castle, Ms. Shea-Porter, 
Mr. Platts, Mr. Capuano, and Mr. Owens) 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 personal 
disclosure statements in all third-party communications advocating the 
    election or defeat of a candidate, to require the disclosure of 
    identifying information within communications made through the 
  Internet, to apply 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 Every Ad Act of 2010''.

SEC. 2. REQUIRING PERSONAL DISCLOSURE STATEMENTS IN EXPRESS ADVOCACY 
              COMMUNICATIONS.

    (a) Application of Disclosure Requirements to Communications 
Consisting of Functional Equivalent of Express Advocacy.--Section 
318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) 
is amended by striking ``clearly identified candidate,'' and inserting 
``clearly identified candidate or consisting of the functional 
equivalent of express advocacy,''.
    (b) Requiring Statement Identifying Head of Entity Paying for 
Communication.--Section 318(d) of such Act (2 U.S.C. 441d(d)) is 
amended--
            (1) in paragraph (2), by striking ``Any communication'' and 
        inserting ``Except as provided in paragraph (3), any 
        communication''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Special rules for express advocacy communications.--
                    ``(A) Personal disclosure statement required.--Any 
                communication described in paragraph (3) of subsection 
                (a) which expressly advocates the election or defeat of 
                a clearly identified candidate, or which consists of 
                the functional equivalent of express advocacy, and 
                which is transmitted through radio or television shall 
                include, in addition to the requirements of that 
                paragraph--
                            ``(i) the individual disclosure statement 
                        described in subparagraph (C) (if the person 
                        paying for the communication is an individual) 
                        or the organizational disclosure statement 
                        described in subparagraph (D) (if the person 
                        paying for the communication is not an 
                        individual); and
                            ``(ii) if the person who paid for the 
                        communication received any disbursement from 
                        another person for purposes of financing the 
                        communication, a statement of the names of the 
                        persons providing the largest disbursements for 
                        such purposes, except that the number of 
                        persons identified in the statement may not 
                        exceed 5.
                    ``(B) Method of conveyance of statement.--
                            ``(i) Communications transmitted through 
                        radio.--In the case of a communication to which 
                        this paragraph applies which is transmitted 
                        through radio, the disclosure statements 
                        required under subparagraph (A)--
                                    ``(I) shall be made by audio in a 
                                clearly spoken manner; and
                                    ``(II) in the case of the 
                                individual disclosure statement 
                                described in subparagraph (C) or the 
                                organization disclosure statement 
                                described in subparagraph (D), shall be 
                                made by the applicable individual.
                            ``(ii) Communications transmitted through 
                        television.--In the case of a communication to 
                        which this paragraph applies which is 
                        transmitted through television, the disclosure 
                        statements required under subparagraph (A)--
                                    ``(I) shall appear in writing at 
                                the end of the communication in a 
                                clearly readable manner, with a 
                                reasonable degree of color contrast 
                                between the background and the printed 
                                statement, for a period of at least 4 
                                seconds; and
                                    ``(II) in the case of the 
                                individual disclosure statement 
                                described in subparagraph (C) or the 
                                organization disclosure statement 
                                described in subparagraph (D), shall be 
                                conveyed by an unobscured, full-screen 
                                view of the applicable individual, or 
                                by the applicable individual making the 
                                statement in voice-over accompanied by 
                                a clearly identifiable photograph or 
                                similar image of the individual.
                    ``(C) Individual disclosure statement described.--
                The individual disclosure statement described in this 
                subparagraph is the following: `I am _______, and I am 
                responsible for the content of this advertising.', with 
                the blank filled in with the name of the applicable 
                individual.
                    ``(D) Organizational disclosure statement 
                described.--The organizational disclosure statement 
                described in this subparagraph is the following: `I am 
                _______, the _______ of _______, and _______ is 
                responsible for the content of this advertising.', 
                with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third and fourth blank each to 
                        be filled in with the name of the person paying 
                        for the communication.
                    ``(E) Applicable individual defined.--In this 
                paragraph, the term `applicable individual' means, with 
                respect to a communication to which this paragraph 
                applies--
                            ``(i) if the communication is paid for by 
                        an individual, the individual paying for the 
                        communication;
                            ``(ii) if the communication is paid for by 
                        a corporation, the chief executive officer of 
                        the corporation (or, if the corporation does 
                        not have a chief executive officer, the highest 
                        ranking official of the corporation);
                            ``(iii) if the communication is paid for by 
                        a labor organization, the highest ranking 
                        officer of the labor organization; or
                            ``(iv) if the communication is paid for by 
                        any other person, the president, chief 
                        executive officer, highest ranking official, or 
                        similar officer of the person who serves in an 
                        executive, decisionmaking capacity with respect 
                        to the making of communications to which this 
                        paragraph applies.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to communications made on or after the date of the 
enactment of this Act.

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

    (a) Communications by Candidates or Authorized Persons.--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 or electronic mail.--In 
                the case of a communication described in paragraph (1) 
                or (2) of subsection (a) which is transmitted through 
                the Internet or through any form of electronic mail--
                            ``(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.''.
    (b) Communications by Others.--
            (1) In general.--Section 318(d)(2) of such Act (2 U.S.C. 
        441d(d)(2)) is amended by adding at the end the following: ``In 
        the case of a communication described in paragraph (3) of 
        subsection (a) which is transmitted through the Internet or 
        through any form of electronic mail, any audio portion of the 
        communication shall meet the requirements applicable under this 
        paragraph to communications transmitted through radio and any 
        video portion of the communication shall meet the requirements 
        applicable under this paragraph to communications transmitted 
        through television.''.
            (2) Application of special personal disclosure rules for 
        express advocacy communications.--Section 318(d)(3) of such 
        Act, as added by section 2(a), is amended--
                    (A) in subparagraph (A), by striking ``radio or 
                television'' and inserting ``radio or television, 
                through the Internet, or through any form of electronic 
                mail''; and
                    (B) in subparagraph (B), by adding at the end the 
                following new clause:
                            ``(iii) Communications transmitted through 
                        internet or electronic mail.--In the case of a 
                        communication to which this paragraph applies 
                        which is transmitted through the Internet or 
                        through any form of electronic mail, any audio 
                        portion of the communication shall meet the 
                        requirements applicable under this paragraph to 
                        communications transmitted through radio and 
                        any video portion of the communication shall 
                        meet the requirements applicable under this 
                        paragraph 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.--
            (1) Communications by candidates or authorized persons.--
        Section 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as amended 
        by section 3(a), 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.''.
            (2) Communications by others.--
                    (A) In general.--Section 318(d)(2) of such Act (2 
                U.S.C. 441d(d)(2)), as amended by section 3(b), is 
                further amended by adding at the end the following: 
                ``Any communication described in paragraph (3) of 
                subsection (a) which is a telephone call which consists 
                in substantial part of a prerecorded audio message 
                shall meet the requirements applicable under this 
                paragraph to communications transmitted through radio, 
                except that the statement required shall be made at the 
                beginning of the telephone call.''.
                    (B) Application of special personal disclosure 
                rules for express advocacy communications.--Section 
                318(d)(3) of such Act, as added by section 2(a) and as 
                amended by section 3(b)(2), is further amended--
                            (i) in subparagraph (A), by striking 
                        ``electronic mail'' and inserting ``electronic 
                        mail, or which is a telephone call which 
                        consists in substantial part of a prerecorded 
                        audio message,''; and
                            (ii) in subparagraph (B), by adding at the 
                        end the following new clause:
                            ``(iv) Communications made through 
                        prerecorded telephone calls.--Any communication 
                        to which this paragraph applies which is a 
                        telephone call which consists in substantial 
                        part of a prerecorded audio message shall meet 
                        the requirements applicable under this 
                        paragraph to communications transmitted through 
                        radio.''.

SEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON 
              INTERNET COMMUNICATIONS.

    Nothing in this Act or the amendments made by this Act may be 
construed to require any person who is not required under section 318 
of the Federal Election Campaign Act of 1971 (as provided under section 
110.11 of title 11 of the Code of Federal Regulations) to include a 
disclaimer on communications made by the person through the Internet to 
include any disclaimer on any such communications.

SEC. 6. EFFECTIVE DATE.

    Except as provided in section 2(c), the amendments made by this Act 
shall apply with respect to communications made on or after the 
expiration of the 90-day period which begins on the date of the 
enactment of this Act.
                                 <all>