text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Stand By Every Ad Act of 2010''.
  
  SEC. 2. REQUIRING PERSONAL DISCLOSURE STATEMENTS IN EXPRESS ADVOCACY 
                COMMUNICATIONS.
  
      (a) Application of Disclosure Requirements to Communications 
  Consisting of Functional Equivalent of Express Advocacy.--Section 
  318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) 
  is amended by striking ``clearly identified candidate,'' and inserting 
  ``clearly identified candidate or consisting of the functional 
  equivalent of express advocacy,''.
      (b) Requiring Statement Identifying Head of Entity Paying for 
  Communication.--Section 318(d) of such Act (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 express advocacy communications.--
                      ``(A) Personal disclosure statement required.--Any 
                  communication described in paragraph (3) of subsection 
                  (a) which expressly advocates the election or defeat of 
                  a clearly 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 statement 
                          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 communication is not an 
                          individual); and
                              ``(ii) if the person who paid for the 
                          communication received any disbursement from 
                          another person for purposes of financing the 
                          communication, a statement of the names of the 
                          persons providing the largest disbursements for 
                          such purposes, except that the number of 
                          persons identified in the statement may not 
                          exceed 5.
                      ``(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 statements 
                          required under subparagraph (A)--
                                      ``(I) shall be made by audio in a 
                                  clearly spoken manner; and
                                      ``(II) in the case of the 
                                  individual disclosure statement 
                                  described in subparagraph (C) or the 
                                  organization disclosure statement 
                                  described in subparagraph (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 television, 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 
                                  reasonable degree of color contrast 
                                  between the background and the printed 
                                  statement, for a period of at least 4 
                                  seconds; and
                                      ``(II) in the case of the 
                                  individual disclosure statement 
                                  described in subparagraph (C) or the 
                                  organization disclosure statement 
                                  described in subparagraph (D), 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.
                      ``(C) Individual disclosure statement described.--
                  The individual disclosure statement described in this 
                  subparagraph is the following: `I am _______, and I am 
                  responsible for the content of this advertising.', with 
                  the blank filled in with the name of the applicable 
                  individual.
                      ``(D) Organizational disclosure statement 
                  described.--The organizational disclosure statement 
                  described in this subparagraph is the following: `I am 
                  _______, the _______ of _______, and _______ is 
                  responsible for the content of this advertising.', 
                  with--
                              ``(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 defined.--In this 
                  paragraph, the term `applicable individual' means, with 
                  respect to a communication 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 ranking 
                          officer of the labor organization; or
                              ``(iv) if the communication is paid for by 
                          any other person, the president, chief 
                          executive officer, highest ranking official, or 
                          similar officer of the person who serves in an 
                          executive, decisionmaking capacity with respect 
                          to the making of communications 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 
                COMMUNICATIONS TRANSMITTED THROUGH INTERNET OR ELECTRONIC 
                MAIL.
  
      (a) Communications by Candidates or Authorized Persons.--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 new 
  subparagraph:
                      ``(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--
                              ``(i) any audio portion of the 
                          communication shall meet the requirements 
                          applicable under subparagraph (A) to 
                          communications transmitted through radio; and
                              ``(ii) any video portion of the 
                          communication shall meet the requirements 
                          applicable under subparagraph (B) to 
                          communications 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 communication described in paragraph (3) of 
          subsection (a) 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 transmitted through radio and any 
          video portion of the communication shall meet the requirements 
          applicable under this paragraph to communications transmitted 
          through television.''.
              (2) Application of special personal disclosure rules for 
          express advocacy communications.--Section 318(d)(3) of such 
          Act, as added by section 2(a), is amended--
                      (A) in subparagraph (A), by striking ``radio or 
                  television'' and inserting ``radio or television, 
                  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 transmitted through 
                          internet or electronic mail.--In the case of a 
                          communication 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 transmitted through radio and 
                          any video portion of the communication shall 
                          meet the requirements applicable under this 
                          paragraph to communications transmitted through 
                          television.''.
  
  SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COMMUNICATIONS MADE 
                THROUGH PRERECORDED TELEPHONE CALLS.
  
      (a) Application of Requirements.--Section 318(a) of the Federal 
  Election Campaign Act of 1971 (2 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 message,''.
      (b) Treatment as Audio Communication.--
              (1) Communications by candidates or authorized 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 
          following new subparagraph:
                      ``(D) Prerecorded telephone calls.--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 
                  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 beginning 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 described 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 
                  paragraph 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 prerecorded audio message shall meet 
                          the requirements applicable under this 
                          paragraph to communications transmitted through 
                          radio.''.
  
  SEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER 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 Campaign 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 communications made on or after the 
  expiration of the 90-day period which begins on the date of the 
  enactment of this Act.
target: Stand By Every Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require the identification of funding and authorizing sources in communications expressly advocating the election or defeat of a clearly identified candidate (as under current law) or which consist of the functional equivalent of express advocacy.
  
  Prescribes special rules for express advocacy radio and television communications which are not authorized by a candidate, an authorized political committee of a candidate, or its agents. Requires individual disclosure statements about the head of the entity paying for the communication and about any other person that disbursed funds to the entity to finance the communication.
  
   Requires disclosure of such identifying information within audio and video communications made through the Internet or e-mail.
  
  Applies such disclosure requirements to prerecorded telephone calls.
feat_title: 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.