Stand By Every Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require the identification of funding and authorizing sources in communications expressly advocating the election or defeat of a clearly identified candidate (as under current law) or which consist of the functional equivalent of express advocacy.
Prescribes special rules for express advocacy radio and television communications which are not authorized by a candidate, an authorized political committee of a candidate, or its agents. Requires individual disclosure statements about the head of the entity paying for the communication and about any other person that disbursed funds to the entity to finance the communication.
Requires disclosure of such identifying information within audio and video communications made through the Internet or e-mail.
Applies such disclosure requirements to prerecorded telephone calls.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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