[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1135 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1135

To amend the Communications Act of 1934 to provide that the lowest unit 
rate for campaign advertising shall not be available for communications 
 in which a candidate attacks an opponent of the candidate unless the 
                      candidate does so in person.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 1999

   Mr. Wyden introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to provide that the lowest unit 
rate for campaign advertising shall not be available for communications 
 in which a candidate attacks an opponent of the candidate unless the 
                      candidate does so in person.

    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 ``Political Candidate Personal 
Responsibility Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Local broadcasters are currently required to offer the 
        ``lowest unit charge'' for advertising to candidates for all 
        political offices 45 days before a primary election, and 60 
        days before a general election.
            (2) The ``lowest unit charge'' requirement represents a 
        federally mandated subsidy for political candidates.
            (3) Campaigns for Federal office are too frequently 
        dominated by negative and attack-oriented television and radio 
        advertising.
            (4) The Government should take action to ensure that it 
        does not subsidize negative and attack oriented advertising 
        where the candidate fails to demonstrate personal 
        responsibility for the tenor of the candidate's advertising.

SEC. 3. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE FOR FEDERAL 
              CANDIDATES ATTACKING OPPOSITION.

    (a) In General.--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 ``(b)(1) 
        The charges'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (3) by adding at the end the following new paragraph:
            ``(2)(A) In the case of a candidate for Federal office, 
        such candidate shall not be entitled to receive the rate under 
        paragraph (1)(A) for the use of any broadcasting station unless 
        the candidate certifies that the candidate (and any authorized 
        committee of the candidate) shall not make any direct reference 
        to another candidate for the same office, in any broadcast 
        using the rights and conditions of access under this Act, 
        unless--
                    ``(i) such reference meets the requirements of 
                subparagraph (C), and
                    ``(ii) a communication which contains such 
                reference--
                            ``(I) in the case of a television 
                        broadcast, contains a clearly identifiable 
                        photographic or similar image of the candidate 
                        that is prominently displayed during at least 
                        75 percent of the broadcast time, and
                            ``(II) in the case of a radio broadcast, 
                        contains the voice of the candidate during at 
                        least 75 percent of the broadcast time.
            ``(B) If a candidate for Federal office (or any authorized 
        committee of such candidate) makes a reference described in 
        subparagraph (A) in any broadcast that does not meet the 
        requirements of subparagraph (C) or makes a communication that 
        does not meet the requirements of subparagraph (A)(ii), such 
        candidate shall not be entitled to receive the rate under 
        paragraph (1)(A) for such broadcast or any other broadcast 
        during any portion of the 45-day and 60-day periods described 
        in paragraph (1)(A), that occur on or after the date of such 
        broadcast, for election to such office.
            ``(C) A candidate meets the requirements of this 
        subparagraph with respect to any reference to another candidate 
        if--
                    ``(i) in the case of a television broadcast, the 
                reference (and any statement relating to the other 
                candidate) is made by the candidate in a personal 
                appearance on the screen, and
                    ``(ii) in the case of a radio broadcast, the 
                reference (and any statement relating to the other 
                candidate) is made by the candidate in a personal audio 
                statement during which the candidate and the office for 
                which the candidate is running are identified by such 
                candidate.
            ``(D) For purposes of this paragraph, the terms `authorized 
        committee' and `Federal office' have the meanings given such 
        terms by section 301 of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431).''
    (b) Conforming Amendment.--Section 315(b)(1)(A) of the 
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as redesignated by 
subsection (a)(2), is amended by inserting ``subject to paragraph 
(2),'' before ``during the forty-five days''.
    (c) Effective Date.--The amendments made by this section shall 
apply to broadcasts made after the date of enactment of this Act.
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