Political Broadcasting Disclosure Act of 1989

Political Broadcasting Disclosure Act of 1989 - Amends the Communications Act of 1934 to require the disclosure of certain information relative to the identity of the person making a broadcast of political material.

 
S 1346 IS
101st CONGRESS
1st Session
S. 1346
To amend the Communications Act of 1934 regarding the broadcasting of certain
political matter, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 18 (legislative day, JANUARY 3), 1989
Mr. BRYAN (for himself and Mr. GRAHAM) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science,
and Transportation
A BILL
To amend the Communications Act of 1934 regarding the broadcasting of certain
political matter, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be cited as the
  `Political Broadcasting Disclosure Act of 1989'.
  SEC. 2. Section 317 of the Communications Act of 1934 (47 U.S.C. 317)
  is amended--
  (1) by inserting immediately after subsection (c) the following:
  `(d) In addition to the requirements of subsections (a) and (b), if the
  matter broadcast is political matter and if the person or persons (by whom,
  or on whose behalf, such payment is made or promised, or from whom, or on
  whose behalf, such services or other valuable consideration is received)
  is not a candidate for Federal elective office or an authorized committee
  of such candidate, such broadcast shall disclose, clearly and audibly, at
  its beginning and immediately prior to its conclusion, fully and fairly,
  the true identity of such person or persons. In the case of any such
  broadcast on a television station, such disclosure also shall be clearly
  readable to the receiver, and shall appear continuously during the entire
  length of the material broadcast.
  `(e) Where the material broadcast is political matter and where a person
  contracts or otherwise makes arrangements with a station on behalf of,
  or in cooperation, consultation or concert with, or at the request or
  suggestion of, a candidate for Federal elective office (or an authorized
  committee of such a candidate), and such fact is known or by the exercise
  of reasonable diligence, as specified in subsection (c) of this section,
  could be known to the station, any announcement required by this section
  shall disclose the identity of that candidate instead of the name of the
  person or entity contracting or making arrangements with the station for
  the broadcast of the political matter and shall, in the case of a broadcast
  on any television station, be clearly readable to the viewer and shall
  appear continuously during the entire length of the material broadcast.
  `(f) Where the material broadcast is political matter and a person (other
  than a candidate for Federal elective office, or an authorized committee
  of such candidate) is paying for or furnishing the broadcast matter, the
  station shall, in addition to making the announcement required by this
  section, require that a statement signed by the chief executive officer,
  including (1) a declaration that the payment for or furnishing the material
  is or is not an independent campaign expenditure within the meaning of the
  Federal Election Campaign Act of 1971, as amended, and (2) a list containing
  the names, addresses and occupations of the chief executive officer and
  members of the executive committee or of the board of directors of such
  person, shall be made available for public inspection, where the station
  licensee maintains its public inspection file, no less than 24 hours prior
  to broadcast. If the broadcast is originated by a network, the list may,
  instead, be retained at the headquarters office of the network or at the
  location where the originating station maintains its public inspection
  file. Each such list shall be kept and made available for a period of
  2 years.';
  (2) by redesignating subsections (d) and (e) as subsections (g) and (h),
  respectively; and
  (3) by inserting immediately after section 317(h), as so redesignated by
  this Act, the following:
  `(i) For purposes of subsections (d), (e), and (f) of this section,
  the term--
  `(1) `radio station' includes a community antenna television system;
  `(2) `licensee' and `station licensee' when used with respect to a community
  antenna system means the operator of such system; and
  `(3) `person' includes any individual, corporation, committee, association,
  or other unincorporated group or entity.'.
  SEC. 3. If any provision of this Act or the application of it to any
  person or circumstances is held invalid, the remainder of this Act and
  the application of the provision to any other person or circumstance shall
  not be affected by such invalidation.