[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2396 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2396

   To amend the Communications Act of 1934 to require candidates for 
  election for Federal office who refer to other candidates in their 
 television or radio advertisements to include personal statements or 
 images in the advertisements as a condition for receiving the lowest 
 unit charge available for advertisements broadcast immediately before 
                             the election.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

   Mrs. Maloney of New York introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to require candidates for 
  election for Federal office who refer to other candidates in their 
 television or radio advertisements to include personal statements or 
 images in the advertisements as a condition for receiving the lowest 
 unit charge available for advertisements broadcast immediately before 
                             the election.

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

SECTION 1. REQUIRING CANDIDATES TO INCLUDE PERSONAL STATEMENTS OR 
              IMAGES AS A CONDITION OF RECEIVING LOWEST UNIT CHARGE FOR 
              BROADCAST ADVERTISEMENTS.

    (a) In General.--Section 315(b) of the Communications Act of 1934 
(47 U.S.C. 315(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B) and moving such subparagraphs (as so 
        redesignated) 2 ems to the right;
            (2) by striking ``(b) The charges'' and inserting the 
        following:
    ``(b) Charges.--
            ``(1) In general.--Subject to paragraph (2), the charges''; 
        and
            (3) by adding at the end the following new paragraph:
            ``(2) Content of broadcasts.--
                    ``(A) Certification of contents.--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 during the 
                periods described in such paragraph unless the 
                candidate provides written certification to the 
                broadcast station 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 such 
                broadcast meets the requirements of subparagraph (C) or 
                (D).
                    ``(B) Violation.--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 (D), 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 
                such paragraph (1)(A) that occurs on or after the date 
                of such broadcast.
                    ``(C) Television broadcasts.--A television 
                broadcast of a candidate meets the requirements of this 
                subparagraph if, at the end of such broadcast there 
                appears simultaneously, for a period of not less than 4 
                seconds--
                            ``(i) a clearly identifiable photographic 
                        or similar image of the candidate; and
                            ``(ii) a clearly readable printed 
                        statement, identifying the candidate and 
                        stating that the candidate has approved the 
                        broadcast and that the candidate's authorized 
                        committee paid for the broadcast.
                    ``(D) Radio broadcasts.--A radio broadcast of a 
                candidate meets the requirements of this subparagraph 
                if the broadcast includes a personal audio statement by 
                the candidate that identifies the candidate, the office 
                the candidate is seeking, and indicates that the 
                candidate has approved the broadcast.
                    ``(E) Certification.--Certifications under this 
                section shall be provided and certified as accurate by 
                the candidate (or any authorized committee of the 
                candidate) at the time of purchase.
                    ``(F) Definitions.--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) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to broadcasts made on or after the date of the 
enactment of this Act.
                                 <all>