I 

109TH CONGRESS 

2D SESSION H. R. 4900 

To amend the Federal Election Campaign Act of 1971 to exclude certain 

communications made over the Internet from certain requirements of 

such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2006 

Mr. ALLEN (for himself and Mr. BASS) 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 

exclude certain communications made over the Internet 

from certain requirements of such Act, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Internet Free Speech 

5 Protection Act of 2006’’. 


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1 SEC. 2. EXCLUSION OF INTERNET COMMUNICATIONS FROM 

2 TREATMENT AS PUBLIC COMMUNICATIONS. 

3 Section 301(22) of the Federal Election Campaign 

4 Act of 1971 (2 U.S.C. 431(22)) is amended— 

5 (1) by striking ‘‘The term’’ and inserting ‘‘(A) 

6 The term’’; and 

7 (2) by adding at the end the following new sub8 paragraph: 

9 ‘‘(B) The term ‘public communication’ 

10 does not include any communication made over 

11 the Internet, other than any of the following: 

12 ‘‘(i) Any communication placed by a 

13 person on another person’s website, if the 

14 aggregate amount spent for such commu15 nications exceeds $5,000 during the cal16 endar year. 

17 ‘‘(ii) Any communication made by a 

18 State, district, or local committee of a po19 litical party described in section 323(b). 

20 ‘‘(iii) A communication made by any 

21 political committee. 

22 ‘‘(iv) A communication made by any 

23 person described in section 316 (other than 

24 a corporation described in such section 

25 whose principal purpose is operating an 

26 online discussion forum or disseminating 


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1 social or political ideas or commentary 

2 through operation of a website, web log, 

3 podcast, or other similar forms of Internet 

4 communication and which is not estab5 lished, financed, maintained or controlled 

6 by a labor organization or by another cor7 poration without such a principal pur8 pose).’’. 

9 SEC. 3. EXCLUSION OF INTERNET COMMUNICATIONS FROM 

10 CERTAIN REPORTING AND DISCLAIMER RE11 QUIREMENTS. 

12 (a) REPORTS BY PERSONS MAKING INDEPENDENT

13 EXPENDITURES.—Section 304(c)(1) of the Federal Elec14 tion Campaign Act of 1971 (2 U.S.C. 434(c)(1)) is 

15 amended— 

16 (1) by striking ‘‘(c)(1)’’ and inserting 

17 ‘‘(c)(1)(A)’’; and 

18 (2) by adding at the end the following new sub19 paragraph: 

20 ‘‘(B) In the case of an individual, in determining the 

21 aggregate amount or value of independent expenditures 

22 made by the individual in a calendar year for purposes 

23 of subparagraph (A), there shall be excluded up to an an24 nual aggregate amount of $5,000 for communications 

25 made over the Internet.’’. 


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1 (b) DISCLAIMERS ON UNAUTHORIZED ADVERTISE2 MENTS AND SOLICITATIONS.—Section 318(a)(3) of such 

3 Act (2 U.S.C. 441d(a)(3)) is amended by striking the pe4 riod at the end and inserting the following: ‘‘, except that 

5 no such information shall be required in any communica6 tion made over the Internet by an individual during any 

7 calendar year for which the aggregate amount paid by 

8 such individual for such communications does not exceed 

9 $5,000.’’. 

10 SEC. 4. EXCLUSION OF EXPENDITURES ON INTERNET COM11 MUNICATIONS FROM DETERMINATION OF 

12 THRESHOLD FOR REGISTRATION OF POLIT13 ICAL COMMITTEES. 

14 Section 301(4) of the Federal Election Campaign Act 

15 of 1971 (2 U.S.C. 431(4)) is amended— 

16 (1) by redesignating subparagraphs (A), (B), 

17 and (C) as clauses (i), (ii), and (iii); 

18 (2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 

19 and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(B) In determining the amount of con23 tributions or expenditures made for purposes of 

24 this paragraph, there shall be excluded up to an 

25 annual aggregate amount of $10,000 for InterVerDate Aug 31 2005 06:03 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 net-related expenses such as expenses for Inter2 net access and hosting services, creation of an 

3 Internet site, and creating, hosting, or partici4 pating in an online discussion using blogging or 

5 other software.’’. 

6 SEC. 5. INCLUSION OF ONLINE MEDIA WITHIN EXEMPTION 

7 FROM TREATMENT AS EXPENDITURES OF 

8 STORIES AND COMMENTARIES APPEARING IN 

9 MEDIA. 

10 Section 301(9)(B)(i) of the Federal Election Cam11 paign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by 

12 striking ‘‘or other periodical publication,’’ and inserting 

13 the following: ‘‘other periodical publication, or Internet 

14 site or service,’’. 

15 SEC. 6. INDEXING OF AMOUNTS. 

16 Title III of the Federal Election Campaign Act of 

17 1971 (2 U.S.C. 431 et seq.) is amended by adding at the 

18 end the following new section: 

19 ‘‘INDEXING OF CERTAIN AMOUNTS

20 ‘‘SEC. 325. (a) INDEXING.— 

21 ‘‘(1) IN GENERAL.—In any calendar year after 

22 2008, each of the following amounts shall be in23 creased by the inflation adjustment described in sub24 section (b): 

25 ‘‘(A) The amount referred to in section 

26 301(4)(B) (relating to the exclusion of expendiVerDate Aug 31 2005 06:03 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 tures on Internet communications from the de2 termination of the threshold for registration of 

3 political committees). 

4 ‘‘(B) The amount referred to in section 

5 301(22)(B)(i) (relating to the exclusion of 

6 Internet communications from treatment as 

7 public communications). 

8 ‘‘(C) The amount referred to in section 

9 304(c)(1)(B) (relating to the exclusion of ex10 penditures on Internet communications from 

11 the determination of the threshold for the filing 

12 of reports on independent expenditures). 

13 ‘‘(D) The amount referred to in section 

14 318(a)(3) (relating to disclaimers in commu15 nications made over the Internet). 

16 ‘‘(2) APPLICATION IN ODD-NUMBERED

17 YEARS.—Increases made under this subsection shall 

18 only be made in odd-numbered years and such in19 creases shall remain in effect for the 2-year period 

20 beginning on the first day following the date of the 

21 last general election in the year preceding the year 

22 in which the amount is increased and ending on the 

23 date of the next general election. 

24 ‘‘(b) INFLATION ADJUSTMENT DESCRIBED.—In sub25 section (a), the ‘inflation adjustment’ is the percent difVerDate Aug 31 2005 06:03 Mar 09, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 ference determined under section 315(c)(1)(A), except 

2 that for purposes of this subsection, the base period under 

3 such section shall be 2007.’’. 

4 SEC. 7. PUBLICATION BY FEDERAL ELECTION COMMISSION 

5 OF GUIDELINE ON INDIVIDUAL INTERNET AC6 TIVITIES. 

7 Not later than 150 days after the date of the enact8 ment of this Act, the Federal Election Commission shall 

9 publish a single policy guideline for the use of individuals 

10 engaging in online communications which describes in 

11 plain language the rules and regulations applicable under 

12 the Federal Election Campaign Act of 1971 to individual 

13 Internet activity. 

14 SEC. 8. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 on the date of the enactment of this Act. 

Æ 


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