[Congressional Record Volume 144, Number 16 (Thursday, February 26, 1998)]
[Senate]
[Page S1076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1688. A bill to amend the Communications Act of 1934 to limit 
types of communications made by candidates that receive the lowest unit 
charge; to the Committee on Commerce, Science, and Transportation.


          the communications act of 1934 amendment act of 1998

  Mr. DORGAN. Mr. President, I rise today to discuss legislation I am 
introducing to address a significant air pollution problem we have in 
this country.
  No, I'm not talking about smog, or acid rain, or the ozone layer, I'm 
talking about broadcast air pollution. And by that I mean the 30-
second, slash-and-burn, hit-and-run political ad that does nothing but 
cut down an opponent.
  Can you think of any other business in this country that sells its 
wares only by tearing down the opposition? Do airlines ask you to 
consider their services because their competitors' mechanics are 
unreliable, and try to conjure up images of plane crashes to get you to 
switch carriers? Do car manufacturers sell their products by raising 
dark, misleading doubts about the safety of their competitors' autos? 
Does McDonald's run ads raising the threat of E-coli bacteria in Burger 
King's hamburgers?
  Of course not, but that's precisely the way we compete in politics 
against each other.
  It is a pretty sad state of affairs when the American people get a 
more informative and dignified discussion about the soda they drink or 
the fast food restaurant they prefer than they do in the debate about 
what choices to make for our country's future. It is time to do 
something about it.
  We cannot and should not attempt to limit speech. But there is 
something we can do to provide the right incentives. Under current law, 
television stations are required to offer the lowest unit rate to 
political candidates for television advertising within 45 days of a 
primary election, and within 60 days of a general election.
  The legislation I am proposing today would change that law to provide 
that the low rate must be made available only to candidates who run ads 
that are at least one minute in length, in which the candidate appears 
at least 75 percent of the time.
  Now I want to be clear on one point. Candidates can still run any ad 
they desire. They can continue to scorch the earth with their ``hit-
and-run'' ads to their heart's content. But they will not get the 
lowest rate unless the two conditions are met. If federal law can 
require broadcasters to offer the lowest unit rate for all political 
advertising, there's no reason we cannot place some content-neutral 
restrictions on the discount, in order to improve the quality of 
political discourse in this country.
  How would my proposal improve the debate? It is my hope that by 
offering incentives for longer ads, candidates will discuss their 
positions on issues in greater detail. Certainly the 30-second 
political attack ad does little, if anything, to inform the public 
about the issues and advance the debate. And by appearing in the 
commercials, candidates will be more accountable to the voters for what 
their ads say, and will likely be more responsible about their content.
  When selecting their leaders, the American people deserve better than 
a ``hit and run'' debate. Let us do something about it.
  I would like to conclude by saying that it is still very much my hope 
that Congress will succeed in passing meaningful, comprehensive 
campaign finance reform this year. I am a co-sponsor of McCain-
Feingold, and it is very much my hope that this legislation is passed 
by Congress and signed by the President. Although it is not perfect, it 
will address many of the abuses of the current system, most notably the 
problem of unregulated ``soft money'' pouring into our political 
process through ever-widening cracks in the law. Passing McCain-
Feingold would help to restore the American people's eroding confidence 
in the way we run campaigns in this country.
  But whether Congress succeeds in passing comprehensive reform or not, 
I believe this legislation would be a modest but worthwhile step 
towards making the political debate in this country more civil, more 
informative and more meaningful to the American people. I urge my 
colleagues to support me in this effort.
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