II
104TH CONGRESS
2D SESSION
H. R. 3700
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
AN ACT
To amend the Federal Election Campaign Act of 1971 to
permit interactive computer services to provide their fa-
cilities free of charge to candidates for Federal offices
for the purpose of disseminating campaign information
and enhancing public debate.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Internet Election In-
formation Act of 1996’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For the purposes of enhancing public debate
and awareness, candidates for Federal office should
be encouraged to provide voters with meaningful and
substantive information about their candidacy and
important public policy issues.
(2) The Internet and other interactive computer
services did not exist when the laws that currently
govern Federal elections were enacted, and these
services represent a new medium where voters can
obtain meaningful and substantive information about
issues and candidates.
SEC. 3. EXEMPTION OF DONATED INTERACTIVE COMPUTER
SERVICES FROM COVERAGE UNDER FED-
ERAL ELECTION CAMPAIGN ACT OF 1971.
(a) EXEMPTION FROM TREATMENT AS CONTRIBU-
TION.—Section 301(8)(B) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 431(8)(B)) is amended—
(1) by striking ‘‘and’’ at the end of clause (xiii);
(2) by striking the period at the end of clause
(xiv) and inserting ‘‘; and’’; and
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(3) by adding at the end the following new
clause:
‘‘(xv) the value of services provided without
charge to a candidate by an interactive computer
service (defined as any information service that is
generally available to the public or access software
provider that provides or enables computer access by
multiple users to a computer server, including spe-
cifically a service or system that provides access to
the Internet and such systems operated or services
offered by libraries or educational institutions) in
permitting the candidate to use its facilities for dis-
tributing election or candidate information, posting
position papers, responding to campaign related in-
quiries, soliciting lawful contributions, convening
electronic campaign forums, or otherwise lawfully
utilizing the resources of the interactive computer
service, if the service permits its facilities to be used
for such purposes under the same terms and condi-
tions by all other candidates in the election for the
same office.’’.
(b) EXEMPTION FROM TREATMENT AS EXPENDI-
TURE.—Section 301(9)(B) of such Act (2 U.S.C.
431(9)(B)) is amended—
(1) by striking ‘‘and’’ at the end of clause (ix);
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(2) by striking the period at the end of clause
(x) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(xi) any direct costs incurred by an interactive
computer service (defined as any information service
that is generally available to the public or access
software provider that provides or enables computer
access by multiple users to a computer server, in-
cluding specifically a service or system that provides
access to the Internet and such systems operated or
services offered by libraries or educational institu-
tions) in permitting a candidate to use its facilities
for distributing election or candidate information,
posting position papers, responding to campaign re-
lated inquiries, soliciting lawful contributions, con-
vening electronic campaign forums, or otherwise law-
fully utilizing the resources of the interactive com-
puter service, if the service permits its facilities to
be used for such purposes under the same terms and
conditions by all other candidates in the election for
the same office.’’.
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SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act.
Passed the House of Representatives September 26,
1996.
Attest:
ROBIN H. CARLE,
Clerk.