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# Legislative Bulletin..............................................March 16, 2006

**Contents:**

> H.R. 1606 --- Online Freedom of Speech Act

H.R. 1606---Online Freedom of Speech Act (Hensarling, R-TX)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, March 16^th^, likely subject to a closed rule
(allowing no amendments).

**Note**: Congress voted on this identical version of H.R. 1606 in
November 2005. Although the bill received a clear majority (225-182), it
did not receive the two-thirds needed to pass under suspension of the
rules: <http://clerk.house.gov/evs/2005/roll559.xml>.

**[Background]{.underline}**: In September of 2004, U.S. District Court
Judge Colleen Kollar-Kotelly ruled that it was not clear in the
Bipartisan Campaign Reform Act ("BCRA," Public Law 107-155) that the
Internet should be fully exempted from the law (even thought the
Internet was not mentioned in it) and directed the Federal Election
Commission to re-write various regulations to encompass the Internet.
The U.S. Court of Appeals for the D.C. Circuit upheld the district court
decision. Only an act of Congress signed into law by the President can
stop this judicially-ordered regulatory re-write.

**[THIS THURSDAY]{.underline}**, the Federal Election Commission (FEC)
is expected to announce new campaign-related regulations of speech on
the Internet. H.R. 1606 would override any such FEC regulations.

Senate Minority Leader, Harry Reid (D-NV), introduced a bill (S. 678) in
the Senate that is identical to H.R. 1606.

NOTE: This bill is commonly regarded as a "blogger protection" bill
since it addresses concerns that bloggers who regularly engage in mass
public communications may become subject to federal campaign finance
regulations---especially if they reference a federal candidate 30 days
before a primary election or 60 days before a general election.

**[Summary]{.underline}**: H.R. 1606 would amend the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(22)) to exclude Internet
communications from the Act's definition of "public communication,"
which is currently defined as "a communication by means of any
broadcast, cable, or satellite communication, newspaper, magazine,
outdoor advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public political
advertising."

Perhaps the most significant application of this exemption would be to
the current prohibition on citizens using non-campaign funds in the 30
days before a primary election and the 60 days before a general election
for a [public communication]{.underline} merely *referencing* a federal
candidate. H.R. 1606 would clarify that this prohibition would NOT apply
to Internet communications. The bill would also apply the Internet
exemption beyond the 30- and 60-day periods, since the definition of
"public communication" applies year-round to what comes under federal
campaign regulation.

Other applications of this proposed exemption include keeping Internet
communications from triggering certain exceptions in campaign finance
law. In other words, the Federal Election Campaign Act includes a
variety of definitions ("contribution," "expenditure," etc.) and a
variety of *exemptions* from those definitions (and from the relevant
federal regulations). Many of these exemptions do [not]{.underline}
apply if a "public communication" is involved. Under H.R. 1606, public
communications over the Internet would allow these exemptions to stand.

[NOTE]{.underline}: This bill would NOT exempt *all* Internet activity
from federal campaign finance regulations---just from those which
involve the definition of "public communication." The bill would NOT
reverse the ban on soft money for federal election activities, nor would
it exempt contributions made on the Internet from federal contribution
limits, reporting requirements, and other such regulations.

**[Committee Action]{.underline}**: On April 13, 2005, the bill was
introduced and referred to the Committee on House Administration. On
June 8, 2005, the Committee appended H.R. 1606 onto RSC Chairman Pence's
527 Fairness Act (H.R. 1316) and favorably reported H.R. 1316 by a
party-line vote of 6-3. On March 9, 2006, the Committee, under the new
chairmanship of Rep. Vernon Ehlers (R-MI) marked up (without amendment)
and favorably reported H.R. 1606 as a stand-alone bill to the full
House.

**[Cost to Taxpayers]{.underline}**: The bill would have no federal
spending implications.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No, it would *prevent* the expansion of
certain federal regulations onto the Internet.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The House Administration
Committee, in House Report 109-389, cites constitutional authority in
Article I, Section 4, Clause 1, which grants Congress the power to "at
any time by Law make or alter such Regulations" regarding the "Times,
Places and Manner of holding Elections for Senators and
Representatives."

**[Outside Organizations]{.underline}**: Some of the organization who
have expressed public support for H.R. 1606 include:

-   American Civil Liberties Union

-   American Conservative Union

-   Americans for Tax Reform

-   Cato Institute

-   Christian Coalition

-   Citizens Against Government Waste

-   Club For Growth

-   Family Research Council

-   FreedomWorks

-   James Madison Center for Free Speech

-   National Rifle Association

-   National Right to Life Committee

-   National Taxpayers Union

-   OMB Watch

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718