[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2392 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2392
To amend the Federal Election Campaign Act of 1971 to require
candidates to stand by their printed and Internet advertising, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2004
Mr. Wyden (for himself and Mr. Graham of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to require
candidates to stand by their printed and Internet advertising, 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 ``Political Candidate Personal
Responsibility Act of 2004''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR PUBLIC COMMUNICATIONS BY CANDIDATES
FOR FEDERAL OFFICE.
(a) Printed Media.--Section 318(c) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441d(c)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
including a printed communication that is transmitted through
the Internet,'' after ``subsection (a)'';
(2) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (3), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(4) if the communication is described in paragraph (1) or
(2) of subsection (a) and makes any direct reference to another
candidate for the same office--
``(A) include a clearly identifiable photographic
or similar image of the candidate;
``(B) include a clearly readable printed statement
identifying the candidate and stating that the
candidate has approved the communication; and
``(C) occupy no less than 10 percent of the total
area of the communication.''.
(b) Internet and Prerecorded Telephone Communications.--
(1) Audio and video internet communications.--Section
318(d)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441d(d)(1)) is amended by adding at the end the
following:
``(C) By internet.--Any communication described in
paragraph (1) or (2) of subsection (a) which is
transmitted through the Internet and which makes any
direct reference to another candidate for the same
office shall--
``(i) in the case of an audio
communication, meet the requirements applicable
to communications transmitted through radio
under subparagraph (A); and
``(ii) in the case of a video
communication, meet the requirements applicable
to communications transmitted through
television under subparagraph (B).''.
(2) Prerecorded telephone communications.--Section 318 of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is
amended--
(A) in subsection (a), by inserting ``telephone
call which consists in substantial part of a
prerecorded audio message'' after ``mailing,'' each
place it appears in the matter preceding paragraph (1);
and
(B) in subsection (d)(1), as amended by paragraph
(1), by adding at the end the following:
``(D) By prerecorded telephone call.--
``(i) In general.--Any communication
described in paragraph (1) or (2) of subsection
(a) which is a telephone call which consists in
substantial part of a prerecorded audio message
and which makes any direct reference to another
candidate for the same office shall meet the
requirements applicable to communications
transmitted through radio under subparagraph
(A).
``(ii) Exceptions.--The requirements of
this subparagraph shall not apply to a
communication that is--
``(I) terminated by or at the
request of the recipient of the
communication after less than 30
seconds; or
``(II) not initiated by the party
making the communication.''.
(c) Effective Date.--The amendments made by this section shall
apply to communications made after the date that is 180 days after the
date of enactment of this Act.
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