< Back to H.R. 4527 (111th Congress, 2009–2010)

Text of the CLEAR Act

This bill was introduced on January 27, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 27, 2010 (Introduced).

Source: GPO

I

111th CONGRESS

2d Session

H. R. 4527

IN THE HOUSE OF REPRESENTATIVES

January 27, 2010

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 certain campaign-related communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization, and for other purposes.

1.

Short Title

This Act may be cited as the Corporate and Labor Electioneering Advertisement Reform Act or the CLEAR Act.

2.

Statements Included in Campaign-Related Communications Funded by Corporations or Labor Organizations

(a)

Requiring Statement Identifying Head of Corporation or Organization

Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended—

(1)

in paragraph (2), by striking Any communication and inserting Except as provided in paragraph (3), any communication; and

(2)

by adding at the end the following new paragraph:

(3)

Special rules for communications paid for by corporations or labor organizations

(A)

Disclosure statement required

Any communication described in paragraph (3) of subsection (a) which is a corporate communication or a labor organization communication and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C).

(B)

Method of conveyance of statement

(i)

Communications transmitted through radio

In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner by the applicable individual.

(ii)

Communications transmitted through television

In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. The statement, together with a clearly readable logo of the corporation or labor organization (as the case may be), if any, shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logo, for a period of at least 4 seconds.

(C)

Disclosure statement described

The disclosure statement described in this subparagraph is the following: I am _______, and _______ paid for this advertisement and approves its contents., with—

(i)

the first blank to be filled in with the name and title of the applicable individual; and

(ii)

the second blank to the filled in with the name of the corporation (in the case of a corporate communication) or the name of the labor organization (in the case of a labor organization communication).

(D)

Definitions

In this paragraph—

(i)

the term applicable individual means the chief executive officer of a corporation (with respect to a corporate communication) or the highest ranking officer of a labor organization (with respect to a labor organization communication);

(ii)

the term corporate communication means a communication paid for in whole or in part by a corporation, other than a communication paid for in whole by a separate segregated fund established by a corporation under section 316(b)(2)(C); and

(iii)

the term labor organization communication means a communication paid for in whole or in part by a labor organization, other than a communication paid for in whole by a separate segregated fund established by a labor organization under section 316(b)(2)(C).

.

(b)

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.