I 

108TH CONGRESS 

2D SESSION H. R. 4985 

To amend the Federal Election Campaign Act of 1971 to clarify the requirements for the disclosure of identifying information within authorized 

campaign communications which are printed, to apply certain requirements regarding the disclosure of identifying information within communications made through the Internet, to apply certain disclosure requirements to prerecorded telephone calls, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004 

Mr. PRICE of North Carolina (for himself and Mr. CASTLE) 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 

clarify the requirements for the disclosure of identifying 

information within authorized campaign communications 

which are printed, to apply certain requirements regarding the disclosure of identifying information within communications made through the Internet, to apply certain 

disclosure requirements to prerecorded telephone calls, 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stand By Your Inter3 net Ad Act of 2004’’. 

4 SEC. 2. CLARIFICATION OF PRESENTATION OF IDENTI5 FYING INFORMATION WITHIN AUTHORIZED 

6 PRINTED CAMPAIGN COMMUNICATIONS. 

7 (a) APPLICATION TO COMMUNICATIONS TRANS8 MITTED THROUGH THE INTERNET.—Section 318(c) of 

9 the Federal Election Campaign Act of 1971 (2 U.S.C. 

10 441d(c)) is amended in the matter preceding paragraph 

11 (1) by striking ‘‘subsection (a)’’ and inserting the fol12 lowing: ‘‘subsection (a), including the text of any commu13 nication described in such subsection which is transmitted 

14 through the Internet,’’. 

15 (b) INCLUSION OF CLEARLY READABLE IDENTI16 FYING STATEMENT.—Section 318(c) of the Federal Elec17 tion Campaign Act of 1971 (2 U.S.C. 441d(c)) is amend18 ed— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (2); 

21 (2) by striking the period at the end of para22 graph (3) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 

25 ‘‘(4) in the case of a communication described 

26 in paragraph (1) or (2) of such subsection, include 
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1 a clearly readable statement identifying the can2 didate and stating that the candidate has approved 

3 the communication which occupies not less than 10 

4 percent of the total area of the communication (or, 

5 in the case of the text of a communication trans6 mitted through the Internet, is continuously visible 

7 and occupies such portion of the visible screen as 

8 may be necessary to be clearly legible based on the 

9 Internet connection of the recipient of the commu10 nication).’’. 

11 SEC. 3. APPLICATION OF DISCLOSURE REQUIREMENTS 

12 FOR AUDIO AND VIDEO COMMUNICATIONS 

13 TO AUDIO AND VIDEO PORTIONS OF COMMU14 NICATIONS TRANSMITTED THROUGH INTER15 NET. 

16 Section 318(d)(1) of the Federal Election Campaign 

17 Act of 1971 (2 U.S.C. 441d(d)(1)) is amended by adding 

18 at the end the following new subparagraph: 

19 ‘‘(C) AUDIO AND VIDEO PORTIONS OF

20 COMMUNICATIONS TRANSMITTED THROUGH

21 INTERNET.—In the case of a communication 

22 described in paragraph (1) or (2) of subsection 

23 (a) which is transmitted through the Internet— 

24 ‘‘(i) any audio portion of the commu25 nication shall meet the requirements appli-
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1 cable under subparagraph (A) to commu2 nications transmitted through radio; and 

3 ‘‘(ii) any video portion of the commu4 nication shall meet the requirements appli5 cable under subparagraph (B) to commu6 nications transmitted through television.’’. 

7 SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COM8 MUNICATIONS MADE THROUGH 

9 PRERECORDED TELEPHONE CALLS. 

10 (a) APPLICATION OF REQUIREMENTS.—Section 

11 318(a) of the Federal Election Campaign Act of 1971 (2 

12 U.S.C. 441d(a)) is amended by inserting after ‘‘mailing,’’ 

13 each place it appears the following: ‘‘telephone call which 

14 consists in substantial part of a prerecorded audio mes15 sage,’’. 

16 (b) TREATMENT AS AUDIO COMMUNICATION.—Sec17 tion 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as 

18 amended by section 3, is further amended by adding at 

19 the end the following new subparagraph: 

20 ‘‘(D) PRERECORDED TELEPHONE

21 CALLS.—Any communication described in para22 graph (1) or (2) of subsection (a) which is a 

23 telephone call which consists in substantial part 

24 of a prerecorded audio message shall meet the 

25 requirements applicable under subparagraph 
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1 (A) to communications transmitted through 

2 radio, except that the statement required under 

3 such subparagraph shall be made at the begin4 ning of the telephone call.’’. 

5 SEC. 5. EFFECTIVE DATE. 

6 The amendments made by this Act shall apply with 

7 respect to communications made on or after January 1, 

8 2005. 

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