[Congressional Record Volume 145, Number 77 (Wednesday, May 26, 1999)]
[Senate]
[Pages S6066-S6067]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 1135. A bill to amend the Communications Act of 1934 to provide 
that the lowest unit rate for campaign advertising shall not be 
available for communication in which a candidate attacks an opponent of 
the candidate unless the candidate does so in person; to the Committee 
on Commerce, Science, and Transportation.


            POLITICAL CANDIDATE PERSONAL RESPONSIBILITY ACT

  Mr. WYDEN. Mr. President, today I am introducing legislation, along 
with Congressman Walden in the House of Representatives, that would 
fight the scourge of negative political campaigns with the simple yet 
powerful tool of accountability. If candidates choose to run for office 
by disparaging their opponents rather than standing on their own 
records and beliefs, they should at least be expected to take 
responsibility for the ad campaigns that they run. Under this 
legislation, there would be meaningful financial penalty--in the form 
of higher advertising rates--for those who fail to do so.
  For me, this bill arises out of unpleasant personal experience. I was 
elected to this body in a special election against the man I am now 
proud to call my friend and colleague, Gordon Smith. That campaign was 
the nastiest, most negative, least edifying political season that my 
state has ever been through. The unabashedly negative ads that both of 
our campaigns put on the air were a sour departure from Oregon's 
tradition of responsible, thoughtful politics.
  I eventually became so disgusted with what my own campaign had 
become, that with only a few weeks before the election, I got rid of 
all my ads, destroyed negative mailings that were about to be sent out, 
asked others who were airing negative ads on my behalf to desist, and 
started over with a campaign that was 100 percent positive. I didn't 
know if it would be a smart campaign strategy or a kind of political 
suicide, and I didn't much care. Win or lose, I wanted to be proud of 
the way that I had conducted myself.
  What I learned all too well in that campaign is that negative 
politics corrupts everything that it touches. It harms not only its 
target, but its sponsor as well. Negative ads are one of the biggest 
reasons for the cynicism and even disgust that so many Americans feel 
toward the political process. They cheapen the very institution of 
democracy.
  There's no way, of course, to mandate a sense of shame or legislate 
an end to negative ads. But in an era when elections are determined 
more and more by television and radio advertising, it is not too much 
to ask that candidates be held responsible for the statements they make 
in their ads.
  Under current campaign law, broadcasters are required to give 
qualified candidates for federal office their lowest price for ads, 
what is known as the lowest unit broadcast rate. In order to qualify 
for this rate, candidates must comply with federal campaign finance 
laws, and include proper disclaimers in the ad, among other 
regulations. The Political Candidate Personal Responsibility Act would 
attach two additional requirements to the discounted ad rate. The first 
requirement is that for both television and radio advertisements, the 
lowest unit rate will only be available if a candidate, when referring 
to his or her opponent, makes the reference him or her self. Radio 
advertisements must also contain a statement by the candidate in which 
the candidate identifies him or herself and the office for which the 
person is running. The second requirement is that in any television or 
radio ad where a candidate makes reference to his or her opponent, the 
candidate must appear or be heard for at least 75 percent of the 
broadcast time. If a candidate chooses to air an advertisement that 
does not comply with these requirements, he or she will be ineligible 
to receive the lowest unit rate for a period of 45 days in a primary 
and 60 days in a general election.
  In other words, if you want the benefits of discounted broadcast 
time, you can't make disparaging statements that you aren't willing to 
say yourself. No more hiding behind grainy photographs, ominous music, 
and anonymous announcers.
  Ultimately, one of our greatest responsibilities as elected officials 
is to encourage greater public participation in all levels of the 
political process. Campaign activities should not only represent the 
views of the candidates, but they should also encourage voters to 
participate in the democratic process. The growing negative trend of 
campaign advertisements degrades the process and discourages people 
from becoming involved.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1135

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

[[Page S6067]]

     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.
                                 ______