[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1681

      To shorten the campaign period for congressional elections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 1998

  Mr. Conrad introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
      To shorten the campaign period for congressional elections.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. VOLUNTARY LIMITS ON CAMPAIGN ADVERTISING.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by adding at the end the following:

``SEC. 324. VOLUNTARY ADVERTISING LIMITS AND BENEFITS FOR ELIGIBLE 
              CONGRESSIONAL CANDIDATES.

    ``(a) Definitions.--In this section--
            ``(1) Campaign advertising.--The term `campaign 
        advertising' means a disbursement for any communication through 
        any broadcasting station.
            ``(2) Eligible congressional candidate.--The term `eligible 
        congressional candidate' means a candidate for nomination to, 
        or election to, the Senate or the House of Representatives that 
        the Commission has certified under subsection (d) as an 
        eligible candidate for a primary or general election.
            ``(3) General election period.--The term `general election 
        period' means the time period beginning on the date that is 60 
        days before the date of the general election for the office to 
        which the candidate is seeking election and ending on the date 
        of the general election.
            ``(4) Primary election period.--The term `primary election 
        period' means the time period beginning on the date that is 30 
        days before the date of the primary election for the office to 
        which the candidate is seeking election and ending on the date 
        of the primary election.
    ``(b) Requirements.--
            ``(1) In general.--A candidate for election, or nomination 
        for election, to the Senate or House of Representatives is an 
        eligible candidate--
                    ``(A) for purposes of a primary election, if the 
                Commission certifies that the candidate has met the 
                primary election filing requirement of paragraph (2); 
                and
                    ``(B) for purposes of a general election, if the 
                Commission certifies that the candidate has met the 
                general election filing requirement of paragraph (3).
            ``(2) Primary election filing requirement.--
                    ``(A) In general.--The requirement of this 
                paragraph is met if the candidate files with the 
                Commission a declaration that--
                            ``(i) the candidate and the candidate's 
                        authorized committees will not participate in 
                        campaign advertising except during the primary 
                        election period; and
                            ``(ii) at least 1 other candidate has 
                        qualified for the same primary election ballot 
                        under the law of the candidate's State.
                    ``(B) Deadline for filing primary election 
                declaration.--The declaration under subparagraph (A) 
                shall be filed not later than the date on which the 
                candidate files, with the appropriate State officer, as 
                a candidate for the primary election.
            ``(3) General election filing requirement.--
                    ``(A) In general.--The requirement of this 
                paragraph is met if the candidate files with the 
                Commission a declaration that the candidate and the 
                candidate's authorized committees will not participate 
                in campaign advertising except during the general 
                election period.
                    ``(B) Deadline for filing general election 
                declaration.--The declaration under subparagraph (A) 
                shall be filed not later than 7 days after the earlier 
                of--
                            ``(i) the date on which the candidate 
                        qualifies for the general election ballot under 
                        State law; or
                            ``(ii) if under State law, a primary or 
                        runoff election to qualify for the general 
                        election ballot occurs after September 1, the 
                        date on which the candidate wins the primary or 
                        runoff election.
    ``(c) Benefits for Eligible Congressional Candidates.--
            ``(1) In general.--If an eligible congressional candidate 
        has an opponent who has qualified for the ballot, the candidate 
        shall be entitled to the broadcast media rates provided under 
        section 315(b)(2) of the Communications Act of 1934.
            ``(2) Use of benefit.--An eligible congressional candidate 
        that uses the broadcast media rates under paragraph (1) for 
        broadcast time shall use the time for a communication that is 
        not less than 60 seconds in length.
    ``(d) Certification.--
            ``(1) In general.--The Commission shall determine whether a 
        candidate has met the requirements of this section and, based 
        on the determination, issue a certification stating whether the 
        candidate is an eligible candidate for the applicable election 
        entitled to receive benefits under this section.
            ``(2) Certification.--
                    ``(A) Primary election.--Not later than 7 business 
                days after a candidate files a declaration under 
                subsection (b)(2), the Commission shall determine 
                whether the candidate meets the eligibility 
                requirements of such subsection and, if so, certify 
                that the candidate is an eligible candidate for the 
primary election entitled to receive benefits under this section.
                    ``(B) General election.--Not later than 7 business 
                days after a candidate files a declaration under 
                subsection (b)(3), the Commission shall determine 
                whether the candidate meets the eligibility requirement 
                of such subsection and, if so, certify that the 
                candidate is an eligible candidate for the general 
                election entitled to receive benefits under this title.
    ``(e) Revocation of Certification.--
            ``(1) In general.--The Commission shall revoke a 
        certification under subsection (d), based on information 
        submitted in such form and manner as the Commission may require 
        or on information that comes to the Commission by other means, 
        if the Commission determines that a candidate--
                    ``(A) violates any requirement of this section; or
                    ``(B) fails to continue to meet the requirements of 
                this section.
            ``(2) No further benefits.--A candidate whose certification 
        has been revoked shall be ineligible for any further benefits 
        made available under this section for the duration of the 
        election cycle.
    ``(f) Determinations by Commission.--A determination (including a 
certification under subsection (d)) made by the Commission under this 
title shall be final, except to the extent that the determination is 
subject to judicial review.
    ``(g) Penalty for Misuse of Benefits.--If the Commission revokes 
the certification of an eligible congressional candidate, the 
Commission shall so notify the candidate, and the candidate shall pay 
to the provider of any benefit received by the candidate under this 
section an amount equal to the difference between the amount the 
candidate paid for such benefit and the amount the candidate would have 
paid for the benefit if the candidate were not an eligible 
congressional candidate.''.

SEC. 2. BROADCAST RATES AND PREEMPTION.

    (a) Broadcast Rates.--Section 315(b) of the Communications Act of 
1934 (47 U.S.C. 315(b)) is amended--
            (1) by striking ``(b) The charges'' and inserting the 
        following:
    ``(b) Broadcast Media Rates.--
            ``(1) In general.--The charges'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and adjusting the 
        margins accordingly;
            (3) in paragraph (1)(A) (as redesignated by paragraph 
        (2))--
                    (A) by striking ``forty-five'' and inserting 
                ``30''; and
                    (B) by striking ``lowest unit charge of the station 
                for the same class and amount of time for the same 
                period'' and inserting ``lowest charge of the station 
                for the same amount of time for the same period on the 
                same date''; and
            (4) by adding at the end the following:
            ``(2) Eligible congressional candidates.--
                    ``(A) Eligible congressional candidates.--In the 
                case of an eligible congressional candidate (as defined 
                in section 324 of the Federal Election Campaign Act of 
                1971) the charges for the use of a television 
                broadcasting station during the 30-day period and 60-
                day period referred to in paragraph (1)(A) shall not 
                exceed 50 percent of the lowest charge described in 
                paragraph (1)(A).
                    ``(B) Noneligible congressional candidates.--In the 
                case of a candidate for Federal office who is not an 
                eligible congressional candidate (as so defined), 
                paragraph (1)(A) shall not apply.''.
    (b) Preemption; Access.--Section 315 of the Communications Act of 
1934 (47 U.S.C. 315) is amended--
            (1) by redesignating subsections (c) and (d), as 
        subsections (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        licensee shall not preempt the use, during any period specified 
        in subsection (b)(1)(A), of a broadcasting station by an 
        eligible congressional candidate (as defined in section 324 of 
        the Federal Election Campaign Act of 1971) that has purchased 
        and paid for such use pursuant to subsection (b)(2).
            ``(2) Circumstances beyond control of licensee.--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.''.
    (c) Revocation of License for Failure To Permit Access.--Section 
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is 
amended--
            (1) by striking ``or repeated'';
            (2) by inserting ``or cable system'' after ``broadcasting 
        station''; and
            (3) by striking ``his candidacy'' and inserting ``the 
        candidacy of the candidate, under the same terms, conditions, 
        and business practices as apply to the most favored advertiser 
        of the licensee''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date that is 60 days after the date of enactment of this 
Act.
                                 <all>