To amend the Federal Election Campaign Act of 1971 to require communications which consist of prerecorded telephone calls to meet the disclosure and disclaimer requirements applicable to general public campaign communications transmitted through radio, and for other purposes.

October 28, 2005

Mrs. SCHMIDT (for herself and Mr. SHAYS) introduced the following bill; which was referred to the Committee on House Administration

To amend the Federal Election Campaign Act of 1971 to require communications which consist of prerecorded telephone calls to meet the disclosure and disclaimer requirements applicable to general public campaign communications transmitted through radio, 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 `Identification and Disclosure Act'.

SEC. 2. DISCLOSURE REQUIREMENTS AND OTHER RESTRICTIONS FOR COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS.

(a) Application of General Disclosure Requirements- Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by striking `(as defined in section 304(f)(3)),' and inserting `(as defined in section 304(f)(3)) or for any communication which is a telephone call consisting in substantial part of a prerecorded audio message (other than a call placed to a customer or employee of the person making the disbursement),'.

(b) Method of Disclosure; Other Restrictions- Section 318(d) of such Act (2 U.S.C. 441d(d)) is amended by adding at the end the following new paragraph:

`(3) SPECIAL RULES FOR PRERECORDED TELEPHONE CALLS- Any communication which is subject to the requirements of subsection (a) and which is a telephone call consisting in substantial part of a prerecorded audio message shall meet the following requirements:

`(A) The communication shall meet the requirements for a communication which is transmitted through radio which are applicable under paragraph (1)(A) (in the case of a communication described in paragraph (1) or (2) of subsection (a)) or under paragraph (2) (in the case of a communication described in paragraph (3) of subsection (a)), except that--

`(i) the audio statement required shall clearly state the name and permanent street address of the person making the disbursement for the call; and

`(ii) the audio statement required shall be made at the beginning of the telephone call.

`(B) The telephone number which will appear in the caller identification device of the recipient of the telephone call shall be the telephone number of the person making the disbursement for the call which is used in the person's regular course of business, without regard to whether or not the person placed the telephone call itself.'.

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to communications made on or after the date of the enactment of this Act.

END