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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4183

   To amend the Federal Election Campaign Act of 1971 to require the 
 disclosure of the identity of persons paying the expenses associated 
  with polls conducted by telephone during campaigns for election for 
                Federal office, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 1996

   Mrs. Smith of Washington introduced the following bill; which was 
 referred to the Committee on House Oversight, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Election Campaign Act of 1971 to require the 
 disclosure of the identity of persons paying the expenses associated 
  with polls conducted by telephone during campaigns for election for 
                Federal office, 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 ``Truth in Polling Act''.

SEC. 2. REQUIREMENTS UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Requiring Disclosure of Sponsors of Polls Conducted by 
Telephone.--Title III of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431 et seq.) is amended by adding at the end the following new 
section:

   ``requiring disclosure of sponsors of polls conducted by telephone

    ``Sec. 323. Any person who conducts a poll by telephone or 
electronic means to interview individuals on opinions relating to any 
election for Federal office shall disclose to each respondent to the 
poll the identity of the person paying the expenses associated with the 
poll after the respondent has completed the interview.''.
    (b) Requiring Campaign Committees to Report Scripts of Public 
Telephone Calls.--Section 304(b) of such Act (2 U.S.C. 434(b)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) for any political committee using mass telemarketing 
        operations for conducting polls of the general public with 
        respect to an election for Federal office during the reporting 
        period, any prepared text used during such operations.''.

SEC. 3. CRIMINAL PENALTIES FOR MISREPRESENTATION BY POLLSTERS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1035. Misrepresentation by pollsters
    ``Whoever contacts an individual by telephone to express support of 
or opposition to a candidate in an election for Federal office and 
communicates to that individual that the caller is making such contact 
as a representative of another person unless the other person has given 
specific approval in writing to the caller shall be fined under this 
title or imprisoned for not more than 1 year, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following:

``1035. Misrepresentation by pollsters.''.
                                 <all>
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