[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 329 Reported in Senate (RS)]

                                                       Calendar No. 343

103d CONGRESS

  1st Session

                                 S. 329

                          [Report No. 103-216]

_______________________________________________________________________

                                 A BILL

To amend section 315 of the Communications Act of 1934 with respect to 
  the purchase and use of broadcasting time by candidates for public 
                    office, and for other purposes.

_______________________________________________________________________

                            December 9, 1993

                       Reported with an amendment





                                                       Calendar No. 343
103d CONGRESS
  1st Session
                                 S. 329

                          [Report No. 103-216]

To amend section 315 of the Communications Act of 1934 with respect to 
  the purchase and use of broadcasting time by candidates for public 
                    office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

Mr. Danforth (for himself, Mr. Hollings, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                            December 9, 1993

  Reported under authority of the order of the Senate of November 17 
 (legislative day, November 2), 1993 by Mr. Hollings, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend section 315 of the Communications Act of 1934 with respect to 
  the purchase and use of broadcasting time by candidates for public 
                    office, 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 ``Campaign Advertising and Disclosure 
Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) in the thirty days preceding a primary, and in the 
        forty-five days preceding a general election, candidates for 
        political office need to be able to buy, at the lowest unit 
        charge, nonpreemptible advertising spots from broadcast 
        stations and community antenna television systems to ensure 
        that their messages reach the intended audience and that the 
        voting public has an opportunity to make informed decisions;
            (2) since the Communications Act of 1934 was amended in 
        1972 to guarantee the lowest unit charge for candidates during 
        these important preelection periods, the method by which 
        advertising spots are sold in the broadcast and community 
        antenna television industries has changed significantly;
            (3) changes in the method for selling advertising spots 
        have made the interpretation and enforcement of the lowest unit 
        charge provision difficult and complex;
            (4) clarification and simplification of the lowest unit 
        charge provision in the Communications Act of 1934 are 
        necessary to ensure compliance with the original intent of the 
        provision;
            (5) in granting discounts and setting charges for 
        advertising time, broadcasters and operators of community 
        antenna television systems shall treat candidates for political 
        office at least as well as the most favored commercial 
        advertisers; and
            (6) enhancing the disclosure requirements of the Federal 
        Election Campaign Act of 1971 will increase candidate 
        accountability to the electorate and enhance the ability of the 
        individual citizen to exercise informed judgment by more 
        effectively identifying the source of political advertising and 
        the credibility of each advocate.

SEC. 3. USE OF BROADCASTING STATIONS BY CANDIDATES FOR PUBLIC OFFICE.

    Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is 
amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``forty-five'' and inserting in 
                lieu thereof ``thirty'';
                    (B) by striking ``sixty'' and inserting in lieu 
                thereof ``forty-five''; and
                    (C) by striking ``class and'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting immediately after subsection (b) the 
        following new subsection:
    ``(c)(1) Except as provided in paragraph (2), a licensee shall not 
preempt the use, during any period specified in subsection (b)(1), of a 
broadcasting station by a legally qualified candidate for public office 
who has purchased and paid for such use pursuant to the provisions of 
subsection (b)(1).
    ``(2) If a program to be broadcast by a broadcasting station is 
preempted because of circumstances beyond the control of the 
broadcasting station, any candidate advertising spot scheduled to be 
broadcast during that program may also be preempted.''.

-S-E-C-. -4-. -P-O-L-I-T-I-C-A-L -A-D-V-E-R-T-I-S-I-N-G 
              -R-E-Q-U-I-R-E-M-E-N-T-S-.

    -(-a-) -S-e-c-t-i-o-n -3-1-8-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l 
-E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2 
-U-.-S-.-C-. -4-4-1-d-(-a-)-) -i-s -a-m-e-n-d-e-d---
            -(-1-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t 
        -t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-3-) -a-n-d 
        -i-n-s-e-r-t-i-n-g -i-n -l-i-e-u -t-h-e-r-e-o-f -a 
        -s-e-m-i-c-o-l-o-n-; -a-n-d
            -(-2-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e 
        -f-o-l-l-o-w-i-n-g-:
-`-`-e-x-c-e-p-t -t-h-a-t -i-n -t-h-e -c-a-s-e -o-f -a-n-y 
-c-o-m-m-u-n-i-c-a-t-i-o-n -a-u-t-h-o-r-i-z-e-d -b-y -a 
-c-a-n-d-i-d-a-t-e -a-n-d -m-a-d-e -t-h-r-o-u-g-h -a 
-b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n -o-r -a -c-o-m-m-u-n-i-t-y 
-a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-, -s-u-c-h 
-c-o-m-m-u-n-i-c-a-t-i-o-n -s-h-a-l-l -a-l-s-o -m-e-e-t -t-h-e 
-f-o-l-l-o-w-i-n-g -r-e-q-u-i-r-e-m-e-n-t-s-:
            -`-`-(-A-) -D-u-r-i-n-g -t-h-e -c-o-m-m-u-n-i-c-a-t-i-o-n-, 
        -t-h-e -f-o-l-l-o-w-i-n-g -s-h-a-l-l -b-e -s-t-a-t-e-d 
        -a-u-r-a-l-l-y -i-n -t-h-e -c-a-n-d-i-d-a-t-e-'-s -v-o-i-c-e-: 
        -`-I-, ____________-, -A -C-A-N-D-I-D-A-T-E -F-O-R 
        ____________-, -H-A-V-E -A-P-P-R-O-V-E-D -O-F -T-H-I-S -A-D-'-, 
        -w-i-t-h -t-h-e -f-i-r-s-t -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g 
        -f-i-l-l-e-d -w-i-t-h -t-h-e -c-a-n-d-i-d-a-t-e-'-s -n-a-m-e 
        -a-n-d -t-h-e -s-e-c-o-n-d -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g 
        -f-i-l-l-e-d -w-i-t-h -t-h-e -n-a-m-e -o-f -t-h-e -o-f-f-i-c-e 
        -s-o-u-g-h-t -b-y -t-h-e -c-a-n-d-i-d-a-t-e-.
            -`-`-(-B-) -T-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y 
        -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -s-h-a-l-l -b-e -s-p-o-k-e-n 
        -c-l-e-a-r-l-y -w-i-t-h-o-u-t -r-u-s-h-i-n-g-, 
        -d-i-s-g-u-i-s-i-n-g-, -o-r -d-e-e-m-p-h-a-s-i-z-i-n-g 
        -p-a-r-t-i-c-u-l-a-r -w-o-r-d-s-.
            -`-`-(-C-) -I-n -t-h-e -c-a-s-e -o-f -a 
        -c-o-m-m-u-n-i-c-a-t-i-o-n -m-a-d-e -t-h-r-o-u-g-h -a 
        -t-e-l-e-v-i-s-i-o-n -b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n 
        -o-r -c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n 
        -s-y-s-t-e-m-, -t-h-e -b-a-c-k-g-r-o-u-n-d 
        -p-h-o-t-o-g-r-a-p-h-y -d-u-r-i-n-g -t-h-e -e-n-t-i-r-e 
        -t-i-m-e -t-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y 
        -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -i-s -m-a-d-e -s-h-a-l-l 
        -c-o-n-s-i-s-t -o-f -a-n -u-n-o-b-s-c-u-r-e-d -f-u-l-l -f-a-c-e 
        -p-i-c-t-u-r-e -o-f -t-h-e -c-a-n-d-i-d-a-t-e-, 
        -o-c-c-u-p-y-i-n-g -n-o -l-e-s-s -t-h-a-n -4-0 -p-e-r-c-e-n-t 
        -o-f -t-h-e -t-e-l-e-v-i-s-i-o-n -s-a-f-e -s-c-r-e-e-n 
        -a-r-e-a-, -a-g-a-i-n-s-t -a -n-e-u-t-r-a-l 
        -b-a-c-k-g-r-o-u-n-d-.-'-'-.
    -(-b-) -S-e-c-t-i-o-n -3-1-8 -o-f -t-h-e -F-e-d-e-r-a-l 
-E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2 
-U-.-S-.-C-. -4-4-1-d-) -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t 
-t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-u-b-s-e-c-t-i-o-n-:
    -`-`-(-c-) -A-s -u-s-e-d -i-n -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e 
-`-c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-' 
-h-a-s -t-h-e -m-e-a-n-i-n-g -g-i-v-e-n -t-h-a-t -t-e-r-m -u-n-d-e-r 
-s-e-c-t-i-o-n -3-1-5 -o-f -t-h-e -C-o-m-m-u-n-i-c-a-t-i-o-n-s -A-c-t 
-o-f -1-9-3-4 -(-4-7 -U-.-S-.-C-. -3-1-5-)-.-'-'-.

SEC. 4. POLITICAL ADVERTISING REQUIREMENTS.

    Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441d) is amended by adding at the end the following new subsection:
    ``(c)(1) In the case of any communication described in subsection 
(a) that is authorized by a candidate, or by an authorized political 
committee of the candidate or its agents, and made through a 
broadcasting station or a community antenna television system, such 
communication shall, in addition to the requirements of subsection (a), 
also meet the following requirements:
            ``(A) At the end of the communication, and for no less than 
        6 seconds, the following shall be stated aurally in the 
        candidate's voice: `APPROVED BY ____________, CANDIDATE FOR 
        ____________, AND PAID FOR BY ____________', with the first 
        blank space being filled with the name of the candidate or 
        candidate's committee, the second blank space being filled with 
        the name of the office sought by the candidate, and the third 
        blank space being filled with the name of the person who paid 
        for the communication.
            ``(B) The statement required by subparagraph (A) shall be 
        spoken clearly without rushing, disguising, or deemphasizing 
        particular words.
            ``(C) In the case of a communication made through a 
        television broadcasting station or community antenna television 
        system--
                    ``(i) simultaneously with the statement required by 
                subparagraph (A), and occupying no less than 15 percent 
                of the television safe screen area, the following shall 
                appear visually: `APPROVED BY ____________, CANDIDATE 
                FOR ____________, AND PAID FOR BY ____________', with 
                the first blank space being filled with the name of the 
                candidate or candidate's committee, the second blank 
                space being filled with the name of the office sought 
                by the candidate, and the third blank space being 
                filled with the name of the person who paid for the 
                communication; and
                    ``(ii) the background photography during the entire 
                time the statement required by subparagraph (A) is made 
                shall consist of an unobscured full face picture of the 
                candidate, occupying no less than 40 percent of the 
                television safe screen area, against a neutral 
                background.
    ``(2) In the case of any communication described in subsection (a) 
that is not authorized by a candidate, an authorized political 
committee of a candidate, or its agents, and that is made through a 
broadcasting station or a community antenna television system, such 
communication shall, in addition to the requirements of subsection (a), 
also meet the following requirements:
            ``(A) At the end of the communication, and for no less than 
        6 seconds, the following shall be stated aurally: `PAID FOR BY 
        ____________, AND NOT AUTHORIZED BY ANY CANDIDATE. FOR MORE 
        INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL ANNOUNCEMENT, 
        CONTACT ____________', with the first blank space being filled 
        with the name of the person who paid for the communication and 
        the second blank space being filled with the name, address, and 
        business phone number of the person who paid for the 
        communication.
            ``(B) The statement required by subparagraph (A) shall be 
        spoken clearly without rushing, disguising, or deemphasizing 
        particular words.
            ``(C) In the case of a communication made through a 
        television broadcasting station or community antenna television 
        system, the following shall, simultaneously with the statement 
        required by subparagraph (A), and occupying no less than 40 
        percent of the television safe screen area, appear visually: 
        `PAID FOR BY ____________, AND NOT AUTHORIZED BY ANY CANDIDATE. 
        FOR MORE INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL 
        ANNOUNCEMENT, CONTACT ____________', with the first blank space 
        being filled with the name of the person who paid for the 
        communication and the second blank space being filled with the 
        name, address, and business phone number of the person who paid 
        for the communication.
    ``(3) As used in this subsection, the term `community antenna 
television system' has the meaning given that term under section 315 of 
the Communications Act of 1934 (47 U.S.C. 315).''.