[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 274

   To amend the Federal Election Campaign Act of 1971 to provide for 
 public financing of advertising and related expenses in campaigns for 
     the House of Representatives and to prohibit contributions by 
   multicandidate political committees to candidates who accept such 
                               financing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Jacobs introduced the following bill; which was referred to the 
                      Committee on House Oversight

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Election Campaign Act of 1971 to provide for 
 public financing of advertising and related expenses in campaigns for 
     the House of Representatives and to prohibit contributions by 
   multicandidate political committees to candidates who accept such 
                               financing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Federal 
Election Campaign Act of 1971 is amended by adding at the end thereof 
the following new title:

  ``TITLE V--PUBLIC FINANCING OF ADVERTISING AND RELATED EXPENSES IN 
               CAMPAIGNS FOR THE HOUSE OF REPRESENTATIVES

                         ``campaign allotments

    ``Sec. 501. (a) Each candidate in an election for the office of 
Representative shall be entitled to--
            ``(1) an allotment of ninety minutes of television time, 
        divided as the candidate chooses, provided that each appearance 
        on television is at least five minutes long;
            ``(2) an allotment of one hundred and thirty-five minutes 
        of radio time, divided as the candidate chooses, provided that 
        each appearance on radio is at least five minutes long;
            ``(3) an allotment of one hundred and twenty-six column 
        inches or one page, whichever is greater, of newspaper 
        advertising, divided as the candidate chooses, provided that no 
        individual advertisement uses less than ten column inches; or
            ``(4) an allotment of any costs incurred in the 
        installation of telephones and other equipment for a question-
        and-answer format if such a format is used during the 
        candidate's allotted time on television or radio.
    ``(b) Payment shall be made for such allotments by the Secretary of 
the Treasury, as provided in section 504.

                             ``eligibility

    ``Sec. 502. (a) A candidate for the office of Representative may 
become eligible to receive a campaign allotment under this title--
            ``(1) in the case of the allotments under paragraphs (1) 
        through (4) of section 501(a), by arranging in advance for each 
        advertisement that will be made on television, on radio, and in 
        newspapers, and each installation of telephones and other 
        equipment, and by submitting to the Commission, not later than 
        ten days before the election for which such advertisements are 
        made, a schedule of such advertisements and installations, as 
        provided in section 503(a); or
            ``(2) by certifying to the Commission, under penalty of 
        perjury, that such candidate will not make expenditures from 
        his personal funds, the personal funds of his immediate family 
        or funds donated to his campaign committee, for any of the 
        purposes for which such candidate accepts a campaign allotment 
        under this title.
    ``(b) A candidate who accepts any contribution from a 
multicandidate political committee with respect to an election shall 
not be eligible to receive a campaign allotment under this title with 
respect to such election.

               ``submission of charges to the commission

    ``Sec. 503. (a)(1) The schedule required to be submitted by section 
502(a)(1) shall include a separate listing for the television 
allotment, the radio allotment, and the newspaper allotment, of--
            ``(A) the date and time of each advertisement within such 
        allotment;
            ``(B) the station or newspaper providing the time or space 
        for such advertisement;
            ``(C) the amount of time or space that will be used in such 
        advertisement;
            ``(D) the total amount of time or space that will be used 
        for television, radio, and newspaper advertising; and
            ``(E) with respect to a television or radio advertisement 
        involving the installation of telephones or other equipment, 
        the name of the company providing such installation, and the 
        cost of such installation.
    ``(2) Such schedule shall be in a form, as further prescribed by 
the Commission, which provides for a ranking within each of the 
television, radio, and newspaper allotments, of each advertisment. Each 
candidate submitting a schedule shall rank such advertisements in order 
of his preference, for purposes of any reduction of the maximum 
allotments that may be required under section 504(a)(2).
    ``(b)(1) Each station, newspaper, or company providing time, space, 
or service with respect to an allotment under paragraphs (1) through 
(4) of section 501(a) shall submit a report of charges to the 
Commission, as provided in paragraph (2). Such a station, newspaper, or 
company shall be guaranteed payment under section 504 only if such 
report is received by the Commission not later than ten days before the 
election.
    ``(2)(A) The report required by paragraph (1) shall include, in the 
case of an advertisement that will be broadcast or published, a listing 
of--
            ``(i) the candidate for whom the time or space is provided;
            ``(ii) the date and time when each advertisement will be 
        broadcast or published;
            ``(iii) the amount of time or space used; and
            ``(iv) the charge made for such advertisement.
    ``(B) The report required by paragraph (1) shall include, in the 
case of installation of telephones or equipment--
            ``(i) the candidate for whom the installation is made;
            ``(ii) the advertisement in connection with which such 
        equipment will be installed, identified by the date and time of 
        such advertisement, and the station or newspaper, providing the 
        time or space for such advertisement; and
            ``(iii) the charge for such installation.

      ``certification of charges to the secretary of the treasury

    ``Sec. 504. (a)(1)(A) The Commission shall certify to the Secretary 
of the Treasury a charge included in a report submitted under section 
503(b) for payment, as soon as practicable after the date on which 
reports must be submitted under such section--
            ``(i) if such charge is listed in the schedule submitted by 
        the candidate for whom the time, space, or service is to be 
        provided, and there is no discrepancy between the information 
        relating to such charge provided with such report and provided 
        with the schedule under section 503(a);
            ``(ii) if such charge, as represented on such schedule, is 
        not for time or space in excess of the maximum allowed under 
        paragraph (1), (2), or (3) of section 501(a); and
            ``(iii) to the extent that the rate charged is not, in the 
        case of a television or radio station, in excess of the limits 
        imposed by section 315(b) of the Communications Act of 1934 (47 
        U.S.C. 315(b)), in the case of a newspaper, in excess of the 
        limits imposed by section 318(b), and in the case of a company 
        providing installation service, in excess of the amount charged 
        for comparable service in the district where such installation 
        is provided.
    ``(B) At the time of the certification of a charge under this 
subsection the Commission shall immediately notify the station, 
newspaper, or company that its charge has been certified and that 
payment will be made by the Secretary of the Treasury not later than 
thirty days from date of certification.
    ``(C)(i) In any case in which the Commission fails to certify a 
charge because one of the conditions set forth in clause (i) or (ii) of 
subparagraph (A) has not been met, the Commission shall immediately 
notify the candidate and the station, newspaper, or company involved of 
such action, and such parties shall be allowed ten days after such 
notification to submit amended schedules and reports, in a manner 
prescribed by the Commission.
    ``(ii) In any case in which the Commission fails to certify part of 
a charge because it is excessive under clause (iii) of subparagraph 
(A), it shall immediately notify the station or newspaper affected of 
such action, and shall provide such station or newspaper with a 
hearing.
    ``(D) The Commission shall certify any charge submitted later than 
ten days before the election only to the extent that the time, space, 
or service for which such charge is made does not exceed the limits 
imposed by section 501(a).
    ``(2) The Commission shall certify charges to the Secretary of the 
Treasury for payment under this subsection only to the extent provided 
in appropriation Acts. If at the time that reports are required to be 
submitted under section 503(b)(1) the total of all charges submitted 
with respect to the allotments under paragraphs (1) through (4) of 
section 501(a) exceeds the amount appropriated for such purposes, the 
Commission shall certify charges as follows:
            ``(A) The Commission shall determine the percentage by 
        which the total amount of charges submitted must be reduced in 
        order to make such total equal to the amount appropriated.
            ``(B) The Commission shall reduce the amount of time and 
        space requested by each candidate for each allotment under 
        paragraphs (1) through (3) of section 501(a) by the percentage 
        determined under subparagraph (A), according to the ranking 
        made by each such candidate in his schedule.
            ``(C) The Commission shall certify the charges selected 
        under subparagraph (B) to the Secretary of the Treasury for 
        payment, and shall promptly notify each station, newspaper, and 
        company, and each candidate of such selections.
The determination, reduction, and notification shall, when required by 
this section, be made by the Commission not later than three days after 
the date on which reports are required to be submitted under section 
503(b)(1).
    ``(3) There are authorized to be appropriated for each fiscal year 
beginning with the fiscal year beginning on October 1, 1995, such funds 
as are necessary to make the payments required by this subsection.
    ``(b)(1) The Commission shall certify to the Secretary of the 
Treasury a charge under section 502(a)(2) for payment, as soon as 
practicable after the candidate's certification is submitted to the 
Commission, to the extent that such charge is not in excess of the 
amount to which the candidate submitting such charge is entitled under 
section 501(a), and only to the extent provided in prior appropriation 
Acts.
    ``(2) In any case in which the Commission fails to certify part of 
a charge under paragraph (1), it shall immediately notify the candidate 
of such action and provide a hearing to such candidate.
    ``(3) There are authorized to be appropriated for each fiscal year 
beginning with the fiscal year beginning on October 1, 1995, such funds 
as are necessary for the purposes of this subsection.

                             ``definitions

    ``Sec. 505. As used in this title, the term--
            ``(1) `candidate' means an individual who seeks election to 
        the office of Representative, and who is qualified under State 
        law to have his name placed on the ballot in the district in 
        which he seeks election;
            ``(2) `column inch' means a newspaper column one inch deep;
            ``(3) `election' means a general or special election;
            ``(4) `immediate family' has the meaning given such term in 
        section 9004(e) of the Internal Revenue Code of 1986;
            ``(5) `office of Representative' means the office of 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress; and
            ``(6) `State' means a State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and any 
        territory or possession of the United States from which a 
        Delegate or Resident Commissioner is elected to the 
        Congress.''.
                                 <all>