[Congressional Record Volume 150, Number 62 (Thursday, May 6, 2004)]
[Senate]
[Pages S4999-S5000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Graham of South Carolina):
  S. 2392. A bill to amend the Federal Election Campaign Act of 1971 to 
require candidates to stand by their printed and Internet advertising, 
and for other purposes; to the Committee on Rules and Administration.
  Mr. WYDEN. Mr. President, I rise today to introduce the ``Political 
Candidate Personal Responsibility Act,'' together with my colleague 
from South Carolina, Lindsey Graham. This bill would extend the 
successful model of the ``Stand By Your Ad'' provision--which requires 
candidates for Federal office to take explicit personal responsibility 
for TV and radio ads--to additional types of media, including the 
Internet, that today aren't covered.
  Although the elections of 2004 are still months away, the onslaught 
of political advertising has already begun. As the election nears, with 
each passing day, political ads become more and more prevalent.
  But something is different this year. Two things, actually.
  First, as anyone who watches television has probably noticed, this 
year political ads feature a personal statement by the candidate saying 
``I'm so-and-so and I approved this message.'' The candidates are 
taking full personal responsibility, clearly and publicly, for the 
advertisements put out by their campaigns.
  This is the direct result of the ``Stand By Your Ad'' provisions 
included in the McCain-Feingold campaign reform law. As the author of 
the original ``Stand By Your Ad'' amendment, together with my good 
friend Senator Collins, I'm proud of the effect our new requirement is 
having on the tone of radio and TV campaign ads. Already, in the first 
election cycle where it applies, it's making a real difference.
  The reason is simple. The public is turned off by aggressively 
negative attack ads--and candidates know it. So when candidates have to 
associate themselves in a personal manner with their ads, they are 
going to be extra careful about the tone. A nasty or controversial 
attack can backfire, leading to negative perceptions of the candidate 
who approved it.
  In short, candidates are thinking twice about the tone of the ads 
they put on the air. Representatives of national, non-partisan campaign 
reform groups such as Common Cause, the Campaign Legal Center, 
Democracy 21, and the Center for Responsive Politics have all been 
quoted in the press as saying that there has been a noticeable shift 
away from the overly negative attack ads of the past.
  The second change this year is that Internet communications are 
coming into their own as a vehicle for political advertising. Americans 
are spending more time online--plus many now have Internet connections 
and computing power that enables them to view video that matches the 
quality of television. Political campaigns have taken note, and have 
made major strides in tapping into the tremendous potential of the 
Internet for reaching large numbers of people at low cost.
  According to press reports, the Presidential campaigns already have 
e-mailed links to campaign videos to literally millions of people. 
These Internet-based communications can spread like wildfire, because 
each recipient can easily forward them to others. Moreoever, Web videos 
often attract attention from the news media, so the message sometimes 
ends up getting carried on television as well.
  Political messages are also starting to appear on websites that carry 
banner or pop-up ads. It has been estimated that politicians will spend 
an estimated $25 million this year on online ads.
  The rise of Internet-based ads is not just a flash in the pan--it's a 
trend that is sure to continue.
  I have a long history of supporting the Internet, e-commerce, and 
Internet-based innovation. In politics as in so many other areas, the 
Internet brings exciting opportunities--in this case, to create new 
avenues for democratic dialogue and engagement in the political 
process.
  But I don't believe that the Internet should be allowed to become a 
vehicle for political candidates to sidestep existing campaign rules 
and engage in mudslinging without accountability.
  The problem is, the scope of the ``Stand By Your Ad'' provisions is 
limited. They only apply to television and radio ads. Internet 
communications are not covered. Nor are communications such as 
newspaper ads or mass mailings.
  Already, there are clear signs that highly negative ads are migrating 
to the Internet--in part because the ``Stand By Your Ad'' requirements 
don't apply there. Here are a few recent press headlines:
  ``Political Attack Ads Already Popping Up on the Web.''
  ``Presidential Ad War Hits the Web--Harsh Attacks Leveled Online, 
Where TV Rules Don't Apply.''
  ``Political Smears Thrive Online.''

  The ads these articles talk about aren't just ordinary text messages 
sent through e-mail or posted on a website.

[[Page S5000]]

Often, they are full, professionally produced videos, equal in quality 
to anything you might see on TV--and therefore packing the same 
emotional impact as a well crafted TV ad. But instead of using 
broadcast, satellite, or cable, they are e-mailed to thousands or even 
millions of Internet users.
  So today, I am introducing the ``Political Candidate Personal 
Responsibility Act.'' You could also call it ``Stand By Your Ad II.'' 
The basic idea is that what works for TV and radio should work for 
other types of communications as well. Candidates wishing to distribute 
negative campaign materials via the Internet or the mail should be held 
just as accountable as they are now for ads they put on the air.
  Specifically, the bill would require that campaign communications 
such as audio or video ads transmitted over the Internet, newspaper 
ads, brochures, bulk mailings, bulk e-mail, and prerecorded telephone 
calls--if they mention another candidate for the same office--must 
carry a ``Stand By Your Ad'' disclaimer stating that the candidate 
personally approved the message. For Internet audio or video and 
prerecorded phone calls, the requirements would be identical to those 
that now apply to radio or television. For printed materials, whether 
paper or electronic, a picture of the candidate would be required to 
accompany the statement.
  I believe that forcing candidates to take personal responsibility 
also forces them to think long and hard about releasing the types of 
aggressive negative attacks that have been growing all too common 
during election seasons. This is important, because when people get 
turned off by the electoral process, voting and public involvement 
suffer. Decreasing the amount of negativity in our political campaigns 
may help reduce some of the cynicism about politics, and bring more 
people back into the process.
  I say to my colleagues, Stand By Your Ad is working. So let's take 
the next step and extend this success to campaign communications 
generally. Let's build on the good work we've already done in getting 
candidates to take responsibility for what they say.
  And yes, I'm Ron Wyden, and I stand by this statement.
  I ask unanimous consent that my statement and a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2392

       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 ``Political Candidate Personal 
     Responsibility Act of 2004''.

     SEC. 2. ADDITIONAL REQUIREMENTS FOR PUBLIC COMMUNICATIONS BY 
                   CANDIDATES FOR FEDERAL OFFICE.

       (a) Printed Media.--Section 318(c) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441d(c)) is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     including a printed communication that is transmitted through 
     the Internet,'' after ``subsection (a)'';
       (2) in paragraph (2), by striking ``and'' after the 
     semicolon at the end;
       (3) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(4) if the communication is described in paragraph (1) or 
     (2) of subsection (a) and makes any direct reference to 
     another candidate for the same office--
       ``(A) include a clearly identifiable photographic or 
     similar image of the candidate;
       ``(B) include a clearly readable printed statement 
     identifying the candidate and stating that the candidate has 
     approved the communication; and
       ``(C) occupy no less than 10 percent of the total area of 
     the communication.''.
       (b) Internet and Prerecorded Telephone Communications.--
       (1) Audio and video internet communications.--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:
       ``(C) By internet.--Any communication described in 
     paragraph (1) or (2) of subsection (a) which is transmitted 
     through the Internet and which makes any direct reference to 
     another candidate for the same office shall--
       ``(i) in the case of an audio communication, meet the 
     requirements applicable to communications transmitted through 
     radio under subparagraph (A); and
       ``(ii) in the case of a video communication, meet the 
     requirements applicable to communications transmitted through 
     television under subparagraph (B).''.
       (2) Prerecorded telephone communications.--Section 318 of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is 
     amended--
       (A) in subsection (a), by inserting ``telephone call which 
     consists in substantial part of a prerecorded audio message'' 
     after ``mailing,'' each place it appears in the matter 
     preceding paragraph (1); and
       (B) in subsection (d)(1), as amended by paragraph (1), by 
     adding at the end the following:
       ``(D) By prerecorded telephone call.--
       ``(i) In general.--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 
     and which makes any direct reference to another candidate for 
     the same office shall meet the requirements applicable to 
     communications transmitted through radio under subparagraph 
     (A).
       ``(ii) Exceptions.--The requirements of this subparagraph 
     shall not apply to a communication that is--

       ``(I) terminated by or at the request of the recipient of 
     the communication after less than 30 seconds; or
       ``(II) not initiated by the party making the 
     communication.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to communications made after the date that is 180 
     days after the date of enactment of this Act.
                                 ______