I 
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 infor-
mation within communications made through the Inter-
net, to apply disclosure requirements to prerecorded tele-
phone calls, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 state-
ment 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 communica-
tion is not an individual); and 
‘‘(ii) if the person who paid for the 
communication received any disbursement 
from another person for purposes of fi-
nancing the communication, a statement of 
the names of the persons providing the 
largest disbursements for such purposes, 
except that the number of persons identi-
fied in the statement may not exceed 5. 
‘‘(B) METHOD OF CONVEYANCE OF STATE-
MENT.— 
‘‘(i) COMMUNICATIONS TRANSMITTED 
THROUGH RADIO.—In the case of a com-
munication to which this paragraph applies 
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which is transmitted through radio, the 
disclosure statements required under sub-
paragraph (A)— 
‘‘(I) shall be made by audio in a 
clearly spoken manner; and 
‘‘(II) in the case of the individual 
disclosure statement described in sub-
paragraph (C) or the organization dis-
closure statement described in sub-
paragraph (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 tele-
vision, 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 rea-
sonable degree of color contrast be-
tween the background and the printed 
statement, for a period of at least 4 
seconds; and 
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‘‘(II) in the case of the individual 
disclosure statement described in sub-
paragraph (C) or the organization dis-
closure statement described in sub-
paragraph (D), shall be conveyed by 
an unobscured, full-screen view of the 
applicable individual, or by the appli-
cable 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 state-
ment described in this subparagraph is the fol-
lowing: ‘I am lllllll, and I am re-
sponsible for the content of this advertising.’, 
with the blank filled in with the name of the ap-
plicable individual. 
‘‘(D) 
ORGANIZATIONAL
DISCLOSURE 
STATEMENT
DESCRIBED.—The organizational 
disclosure statement described in this subpara-
graph is the following: ‘I am lllllll, 
the lllllll of lllllll, and 
lllllll is responsible for the content 
of this advertising.’, with— 
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‘‘(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
DE-
FINED.—In this paragraph, the term ‘applicable 
individual’ means, with respect to a communica-
tion 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 rank-
ing officer of the labor organization; or 
‘‘(iv) if the communication is paid for 
by any other person, the president, chief 
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executive officer, highest ranking official, 
or similar officer of the person who serves 
in an executive, decisionmaking capacity 
with respect to the making of communica-
tions 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 COMMU-
NICATIONS TRANSMITTED THROUGH INTER-
NET OR ELECTRONIC MAIL. 
(a) COMMUNICATIONS BY CANDIDATES OR AUTHOR-
IZED PERSONS.—Section 318(d)(1) of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441d(d)(1)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(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— 
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‘‘(i) any audio portion of the commu-
nication shall meet the requirements appli-
cable under subparagraph (A) to commu-
nications transmitted through radio; and 
‘‘(ii) any video portion of the commu-
nication shall meet the requirements appli-
cable under subparagraph (B) to commu-
nications 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 communica-
tion described in paragraph (3) of subsection (a) 
which is transmitted through the Internet or 
through any form of electronic mail, any audio por-
tion of the communication shall meet the require-
ments applicable under this paragraph to commu-
nications transmitted through radio and any video 
portion of the communication shall meet the require-
ments applicable under this paragraph to commu-
nications transmitted through television.’’. 
(2) APPLICATION OF SPECIAL PERSONAL DIS-
CLOSURE RULES FOR EXPRESS ADVOCACY COMMU-
NICATIONS.—Section 318(d)(3) of such Act, as 
added by section 2(a), is amended— 
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(A) in subparagraph (A), by striking 
‘‘radio or television’’ and inserting ‘‘radio or tel-
evision, 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
TRANS-
MITTED
THROUGH
INTERNET
OR
ELEC-
TRONIC MAIL.—In the case of a commu-
nication 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 trans-
mitted through radio and any video portion 
of the communication shall meet the re-
quirements applicable under this para-
graph 
to 
communications 
transmitted 
through television.’’. 
SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COM-
MUNICATIONS 
MADE 
THROUGH 
PRERECORDED TELEPHONE CALLS. 
(a) 
APPLICATION
OF
REQUIREMENTS.—Section 
318(a) of the Federal Election Campaign Act of 1971 (2 
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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 mes-
sage,’’. 
(b) TREATMENT AS AUDIO COMMUNICATION.— 
(1) COMMUNICATIONS BY CANDIDATES OR AU-
THORIZED 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 fol-
lowing new subparagraph: 
‘‘(D) 
PRERECORDED
TELEPHONE 
CALLS.—Any communication described in para-
graph (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 begin-
ning 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 de-
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scribed 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 para-
graph 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 
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prerecorded audio message shall meet the 
requirements applicable under this para-
graph 
to 
communications 
transmitted 
through radio.’’. 
SEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DIS-
CLAIMER 
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 Cam-
paign 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 communica-
tions made on or after the expiration of the 90-day period 
which begins on the date of the enactment of this Act. 
Æ 
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