[Congressional Record Volume 149, Number 115 (Wednesday, July 30, 2003)]
[Senate]
[Pages S10272-S10275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Feingold, and Mr. Durbin):
  S. 1497. A bill to amend the Communications Act of 1934 to revise and 
expand the lowest unit cost provision applicable to political campaign 
broadcasts, to establish commercial broadcasting station minimum 
airtime requirements for candidate-centered and issue-centered 
programming before primary and general elections, to establish a 
voucher system for the purchase of commercial broadcast airtime for 
political advertisement, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, today I am introducing the ``Our 
Democracy, Our Airwaves Act.'' This legislation is designed to increase 
the flow of political information in broadcast media and to reduce the 
cost to candidates of educating the electorate on their candidacy.
  Consistent with broadcasters' obligations to serve the public 
interest in exchange for being licensed to use the public airwaves, the 
bill would require broadcast licensees to air a minimum of two hours 
per week of candidate-centered or issue-centered programming before a 
primary or general Federal election. This legislation also would 
establish a program to provide candidates and national committees of 
political parties vouchers that they may use for political 
advertisements on radio and television broadcast stations. An annual 
spectrum use fee paid by broadcasters would fund the voucher system. 
Finally, the bill would require broadcast television and radio stations 
to provide candidates and parties with non-preemptible advertising time 
at the lowest rate provided to any other advertiser.
  At a recent Committee hearing I chaired on the public interest 
obligations of broadcasters, it became apparent that local broadcasters 
are not adequately covering political campaigns as part of their local 
newscasts. The hearing examined the results of a study prepared by the 
Lear Center Local News Archive, which found that over a seven-week 
period from September 18, 2002 through November 4, 2002, 56 percent of 
the top-rated half-hour news broadcasts did not contain a single 
political campaign story. In the 44 percent of broadcasts that did 
contain campaign coverage, the average campaign story was 89 seconds 
long. When campaigned stories did air, only 28 percent contained 
stories where candidates spoke with the average sound bit being 12 
seconds long.
  This study illustrates the pressures on political candidates to raise 
money because they are forced to gain the public's attention through 
the use of costly advertisements. Our democracy is stronger when a 
candidate's success is achieved by ideas, not by dollars, and when an 
electorate is informed by facts, not 12-second sound bites. 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.1497

       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 ``Our Democracy, Our Airwaves 
     Act of 2003''.

     SEC. 2. MEDIA RATES.

       (a) Lowest Unit Charge; National Committees.--Section 
     315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) 
     is amended--
       (1) by striking ``to such office'' in paragraph (1) and 
     inserting ``to such office, or by a national committee of a 
     political party on behalf of such candidate in connection 
     with such campaign,''; and
       (2) by inserting ``for pre-emptible use thereof'' after 
     ``station'' in subparagraph (A) of paragraph (1).
       (b) Preemption; Audits.--
       (1) In general.--Section 315 of such Act (47 U.S.C. 315) is 
     amended--
       (A) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively and moving them to follow the 
     existing subsection (e);
       (B) by redesignating the existing subsection (e) as 
     subsection (c); and
       (C) by inserting after subsection (c) the following:
       ``(d) Preemption.--
       ``(1) In General.--Except as provided in paragraph (2), and 
     notwithstanding the requirements of subsection (b)(1)(A), a 
     licensee shall not preempt the use of a broadcasting station 
     by an eligible candidate or political committee of a 
     political party who has purchased and paid for such use.
       ``(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 
     station, any candidate or party advertising spot scheduled to 
     be broadcast during that program shall be treated in the same 
     fashion as a comparable commercial advertising spot.
       ``(e) Audits.--During the 45-day period preceding a primary 
     election and the 60-day period preceding a general election, 
     the Commission shall conduct such audits as it deems 
     necessary to ensure that each broadcaster to which this 
     section applies is allocating television broadcast 
     advertising time in accordance with this section and section 
     312.
       (2) Conforming amendment.--Section 504 of the Bipartisan 
     Campaign Reform Act of 2002 is amended by striking ``315), as 
     amended by this Act, is amended by redesignating subsections 
     (e) and (f) as subsections (f) and (g), respectively, and'' 
     and inserting ``315) is amended by''.
       (c) Stylistic Amendments.--Section 315 of such Act (47 
     U.S.C. 315) is amended--
       (1) by striking ``For purposes of this section--'' in 
     subsection (e), as redesignated by subsection (b)(1)(A) of 
     this section, and inserting ``Definitions.--In this 
     section:'';
       (2) by striking ``the'' in paragraph (1) of that subsection 
     and inserting ``Broadcasting station.--The'';
       (3) by striking ``the'' in paragraph (2) of that subsection 
     and inserting ``Licensee; station licensee.--The''; and
       (4) by inserting ``Regulations.--'' in subsection (f), as 
     so redesignated, before ``The Commission''.

     SEC. 3. MINIMUM TIME REQUIREMENTS FOR CANDIDATE-CENTERED OR 
                   ISSUE-CENTERED BROADCASTS BY BROADCASTING 
                   STATIONS.

       (a) In General.--
       (1) Program content requirements.--In the administration of 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.), the 
     Federal Communications Commission may not determine that a 
     broadcasting station has met its obligation to operate in the 
     public interest unless the station demonstrates to the 
     satisfaction of the Commission that--
       (A) it broadcast at least 2 hours per week of candidate-
     centered programming or issue-centered programming during 
     each of the 6 weeks preceding a Federal election, including 
     at least 4 of the weeks immediately preceding a general 
     election; and
       (B) not less than 1 hour of such programming was broadcast 
     in each of those weeks during the period beginning at 5:00 
     p.m. and ending at 11:35 p.m. in the time zone in which the 
     primary broadcast audience for the station is located.
       (2) Nightowl broadcasts not counted.--For purposes of 
     paragraph (1), any candidate-centered programming or issue-
     centered programming broadcast between midnight and 6:00 a.m. 
     in the time zone in which the primary broadcast audience for 
     the station is located shall not be taken into account.
       (3) Nonpartisan voter registration and get-out-the-vote 
     broadcasts.--For purposes of paragraph (1), programming that 
     constitutes nonpartisan activity designed to encourage 
     individuals to vote or to register to vote, within the 
     meaning of section 301(9)(B)(ii) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(9)(B)(ii)), is deemed to 
     be issue-centered programming to the extent it does not 
     exceed--
       (A) 30 minutes per week for purposes of paragraph (1)(A); 
     and
       (B) 15 minutes per week for purposes of paragraph (1)(B).
       (b) Definitions.--In this section:
       (1) Broadcasting station.--The term ``broadcasting 
     station''--
       (A) has the meaning given that term by section 315(e)(1) of 
     the Communications Act of 1934.

[[Page S10273]]

       (2) Candidate-centered Programming.--The term ``candidate-
     centered programming''--
       (A) includes debates, interviews, candidate statements, and 
     other program formats that provide for a discussion of issues 
     by the candidate; but
       (B) does not include paid political advertisements.
       (3) Federal election.--The term ``Federal election'' has 
     the meaning given that term in section 315A(g)(2) of the 
     Communications Act of 1934.
       (4) Issue-centered programming.--The term ``issue-centered 
     programming''--
       (A) includes debates, interviews, statements, and other 
     program formats that provide for a discussion of any ballot 
     measure which appears on a ballot in a forthcoming election; 
     but
       (B) does not include paid political advertisements.

     SEC. 4. POLITICAL ADVERTISEMENTS VOUCHER PROGRAM.

       (a) In General.--Title III of the Communications Act of 
     1934 (47 U.S.C. 301 et seq.) is amended by inserting after 
     section 315 the following:

     ``SEC. 315A. POLITICAL ADVERTISEMENT VOUCHER PROGRAM.

       ``(a) In General.--The Commission shall establish and 
     administer a voucher program for the purchase of airtime on 
     broadcast stations for political advertisements in accordance 
     with the provisions of this section.
       ``(b) Candidates.--
       ``(1) Disbursement of vouchers.--Beginning no earlier than 
     January of each even-numbered year after 2003, the Commission 
     shall disburse vouchers at least once each month for the 
     purchase of radio or television broadcast airtime for 
     political advertisements on broadcasting stations to each 
     individual certified by the Federal Election Commission under 
     paragraph (2) as an eligible candidate.
       ``(2) FEC to certify eligible candidates.--The Commission 
     may not disburse vouchers under paragraph (1) to an 
     individual, until the Federal Election Commission has made 
     the following certifications with respect to that individual:
       ``(A) Qualification.--The individual is a legally-qualified 
     candidate in a Federal election.
       ``(B) Agreement.--The individual has agreed in writing--
       ``(i) to keep and furnish to the Federal Election 
     Commission such records, books, and other information as it 
     may require; and
       ``(ii) to repay to the Federal Communications Commission an 
     amount equal to 150 percent of the dollar value of vouchers 
     received from the Commission if the Federal Election 
     Commission makes a final determination that the individual 
     violated any term of the agreement.
       ``(C) House of Representatives candidates.--For candidates 
     for election to the House of Representatives, that--
       ``(i) the individual has received at least $25,000 in 
     contributions from individuals, not counting any amount in 
     excess of $250 received from any individual;
       ``(ii) the individual agrees not knowingly to make 
     expenditures from the individual's personal funds, or the 
     personal funds of the individual's immediate family, in 
     connection with the campaign for election to the House of 
     Representatives in excess of, in the aggregate, $125,000; and
       ``(iii) the individual faces opposition by at least 1 other 
     candidate who has received contributions or made expenditures 
     of, in the aggregate, at least $25,000 or who has been 
     certified by the Federal Election Commission under this 
     paragraph as eligible to receive vouchers under paragraph 
     (1).
       ``(D) Senate candidates.--For candidates for election to 
     the Senate, that--
       ``(i) the individual has received at least $25,000 in 
     contributions from individuals, not counting any amount in 
     excess of $250 received from any individual, multiplied by 
     the number of Representatives from the State in which the 
     individual seeks election;
       ``(ii) the individual agrees not knowingly to make 
     expenditures from the individual's personal funds, or the 
     personal funds of the individual's immediate family, in 
     connection with the campaign for election to the Senate in 
     excess of, in the aggregate, $500,000; and
       ``(iii) the individual faces opposition by at least 1 other 
     candidate who has received contributions or made expenditures 
     of, in the aggregate, at least $25,000 multiplied by the 
     number of Representatives from the State in which the 
     individual seeks election or who has been certified by the 
     Federal Election Commission under this paragraph as eligible 
     to receive vouchers under paragraph (1).
       ``(E) Presidential candidates.--For candidates for 
     nomination for election, or election, to the Office of 
     President--
       ``(i) the term `Federal election' includes a primary 
     election (as defined in section 9032(7) of the Internal 
     Revenue Code of 1986 (26 U.S.C. 9032(7))); and
       ``(ii) in order to be eligible to receive vouchers under 
     this section, the candidate shall--

       ``(i) execute the agreement described in subparagraph (B); 
     and
       ``(II) certify in writing under penalty of perjury that the 
     candidate has qualified to receive payments under section 
     9006 or 9037 of the Internal Revenue Code of 1986.

       ``(3) Certification process.--In carrying out its duties 
     under paragraph (2), the Federal Election Commission shall--
       ``(A) provide the requested certification, if the 
     individual meets the requirements for certification, within 7 
     days after it receives the information necessary therefor; 
     and
       ``(B) shall comply with the requirements of chapter 35 of 
     title 44, United States Code, (commonly known as the 
     Paperwork Reduction Act) and take other appropriate steps to 
     minimize the paperwork burden on candidates seeking 
     certification under this subsection.
       ``(c) Political parties.--
       ``(1) Disbursement of vouchers.--In January, 2004, and 
     January of each even-numbered year thereafter, the Commission 
     shall disburse vouchers for the purchase of radio or 
     television broadcast airtime for political advertisements on 
     broadcasting stations to each political party committee 
     certified by the Federal Election Commission under paragraph 
     (2) as an eligible committee.
       ``(2) FEC to certify eligible committees.--The Commission 
     may not disburse vouchers under paragraph (1) to a political 
     party committee, until the Federal Election Commission has 
     made the following certifications with respect to that 
     committee:
       ``(A) National party committees.--The committee is the 
     national committee of a political party or the national 
     congressional campaign committee of a political party (as 
     those terms are used in section 323(a)(1) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441i(a)(1))).
       ``(B) Minor party committees.--In the case of a political 
     party committee that is not described in subparagraph (A), 
     the committee meets the candidate base requirement of 
     subparagraph (C).
       ``(C) Candidate base.--The committee has candidates--
       ``(i) for election to the House of Representatives who have 
     been certified by the Federal Election Commission under 
     subsection (b)(2) as eligible candidates in at least 22 
     districts; or
       ``(ii) for election to the Senate in at least 5 States who 
     have been certified by the Federal Election Commission under 
     subsection (b)(2) as eligible candidates.
       ``(D) Agreement.--The committee agrees in writing--
       ``(i) to keep and furnish to the Federal Election 
     Commission such records, books, and other information as it 
     may require; and
       ``(ii) to repay to the Federal Communications Commission an 
     amount equal to 150 percent of the dollar value of vouchers 
     received from the Commission if the Federal Election 
     Commission makes a final determination that the committee 
     violated any term of the agreement.
       ``(d) Amounts.--
       ``(1) Calendar year 2004 aggregates.--For calendar year 
     2004, the Commission shall disburse vouchers in the aggregate 
     amount of not more than $750,000,000, of which--
       ``(A) not more than $650,000,000 shall be available for 
     disbursement to candidates under subsection (b); and
       ``(B) not more than $100,000,000 shall be available for 
     disbursement to political parties under subsection (c).
       ``(2) Per-candidate amount.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the Commission shall disburse vouchers to an 
     individual candidate under subsection (b)(1) with respect to 
     a Federal election equal, in the aggregate, to $3 multiplied 
     by the contributions received by that individual with respect 
     to that election, not counting any amount in excess of $250 
     received from any individual.
       ``(B) Maximum.--Except as provided in subparagraph (C), the 
     Commission may not disburse vouchers to an individual 
     candidate under subsection (b)(1) with respect to a Federal 
     election of more than--
       ``(i) $375,000, for a candidate for election to the House 
     of Representatives; or
       ``(ii) $375,000 multiplied by the number of Representatives 
     from the State from which the individual seeks election, for 
     a candidate for election to the Senate.
       ``(C) Special rule for presidential candidates.--The 
     Commission shall disburse vouchers to a candidate for 
     nomination for election, or election, to the Office of 
     President who receives payments under section 9037 or 9006 of 
     the Internal Revenue Code of 1986 (26 U.S.C. 9037 or 9006), 
     respectively, equal to--
       ``(i) $1 for each dollar received under section 9037 of 
     such Code; and
       ``(ii) 50 cents for each dollar received under section 9006 
     of such Code.
       ``(3) Per-committee amount.--
       ``(A) In general.--The $100,000,000 available to be 
     disbursed to political parties shall disbursed as follows:
       ``(i) The Commission shall reserve a percentage, determined 
     by the Commission on the basis of the Commission's good faith 
     estimate of demand by minor party committees, of the amount 
     available for disbursement as provided in subparagraph (B) to 
     political party committees described in subsection (c)(2)(B) 
     that have been or will be certified by the Federal Election 
     Commission as eligible political party committees.
       ``(ii) The Commission shall disburse the remainder of the 
     amount available for disbursement in equal amounts among 
     political party committees described in subsection (c)(2)(A) 
     that have been or will be certified by the Federal Election 
     Commission as eligible political party committees.
       ``(B) Minor party committee amount.--From the amount 
     reserved under subparagraph (A)(i), the Commission shall 
     disburse to political party committees described in 
     subsection (c)(2)(B) certified by the Federal Election 
     Commission as eligible political party committees--

[[Page S10274]]

       ``(i) the same amount as the Commission disburses to each 
     political party committee under subparagraph (A)(ii) if the 
     political party with which the political committee is 
     affiliated has--

       ``(I) candidates for election to the House of 
     Representatives certified by the Federal Election Commission 
     under subsection (b)(2) as eligible candidates in 218 or more 
     districts; or
       ``(II) candidates for election to the Senate certified by 
     the Federal Election Commission under subsection (b)(2) as 
     eligible candidates in 17 or more of the States in which 
     elections for United States Senator are being held; and

       ``(ii) a percentage of such amount, determined under 
     subparagraph (C), if the political party with which the 
     political committee is affiliated does not qualify for the 
     full amount under clause (i).
       ``(C) Proportionate amount determination.--The amount the 
     Commission shall disburse to a political party committee 
     described in subparagraph (B)(ii) is a percentage of the 
     amount disbursed to a political party committee under 
     subparagraph (A)(2) equal to the greater of the following 
     percentages:
       ``(i) A percentage--

       ``(I) the numerator of which is the number of districts in 
     which the party has candidates for election to the House of 
     Representatives certified by the Federal Election Commission 
     under subsection (b)(2) as eligible candidates; and
       ``(II) the denominator of which is 435.

       ``(ii) A percentage--

       ``(I) the numerator of which is the number of States in 
     which the party has candidates for election to the Senate 
     certified by the Federal Election Commission under subsection 
     (b)(2) as eligible candidates; and
       ``(II) the denominator of which is 33 (or 34 in any year in 
     which there are 34 Senators for election).

       ``(e) Inflation Adjustment.--Each dollar amount in this 
     section shall be adjusted for even-numbered years after 2003 
     in the same manner as the limitations in section 315(b) and 
     (d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(b) and (d)) are adjusted under section 315(c) of that 
     Act (2 U.S.C. 441a(c)), except that, for the purpose of 
     applying section 315(c)--
       ``(1) `(commencing in 2005)' shall be substituted for 
     `(commencing in 1976)' in paragraph (1) of that section; and
       ``(2) `2003' shall be substituted for `1974' in paragraph 
     (2)(B) of that section.
       ``(f) Use.--
       ``(1) Exclusive use.--Vouchers disbursed by the Commission 
     under this section may be used exclusively for the purpose 
     described in subsection (b) by the candidate or political 
     party committee to which the vouchers were disbursed, except 
     that--
       ``(A) a candidate may exchange vouchers with a political 
     party under paragraph (2); and
       ``(B) a political party may use vouchers to purchase 
     broadcast airtime for political advertisements for its 
     candidates in a general election for any Federal, State, or 
     local office if it discloses the value of the voucher used as 
     an expenditure under section 315(d) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441(d)).
       ``(2) Exchange with political party committee.--
       ``(A) In general.--A individual who receives a voucher 
     under this section may transfer the right to use all or a 
     portion of the value of the voucher to a committee, described 
     in subsection (c)(2)(A), of the political party of which the 
     individual is a candidate in exchange for money in an amount 
     equal to the cash value of the voucher or portion exchanged.
       ``(B) Continuation of candidate obligations.--The transfer 
     of a voucher, in whole or in part, to a political party 
     committee under this paragraph does not release the candidate 
     from any obligation under the agreement made under subsection 
     (b)(2) or otherwise modify that agreement or its application 
     to that candidate.
       ``(C) Party committee obligations.--Any political party 
     committee to which a voucher or portion thereof is 
     transferred under subparagraph (A)--
       ``(i) shall account fully, in accordance with such 
     requirements as the Commission may establish, for the receipt 
     of the voucher; and
       ``(ii) may not use the transferred voucher or portion 
     thereof for any purpose other than a purpose described in 
     paragraph (1)(B).
       ``(D) Voucher as a contribution under feca.--If a candidate 
     transfers a voucher or any portion thereof to a political 
     party committee under subparagraph (A)--
       ``(i) the value of the voucher or portion thereof 
     transferred shall be treated as a contribution from the 
     candidate to the committee, and from the committee to the 
     candidate, for purposes of sections 302 and 304 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 432 and 434);
       ``(ii) the committee may, in exchange, provide to the 
     candidate only funds subject to the prohibitions, 
     limitations, and reporting requirements of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431 et seq.); and
       ``(iii) the amount, if identified as a `voucher exchange' 
     shall not be considered a contribution for the purposes of 
     section 315 of that Act (2 U.S.C. 441a).
       ``(g) Value; Acceptance; Redemption.--
       ``(1) Voucher.--Each voucher disbursed by the Commission 
     under this section shall have a value in dollars, redeemable 
     upon presentation to the Commission, together with such 
     documentation and other information as the Commission may 
     require, for the purchase of broadcast airtime for political 
     advertisements in accordance with this section.
       ``(2) Acceptance.--A broadcasting station shall accept 
     vouchers in payment for the purchase of broadcast airtime for 
     political advertisements in accordance with this section.
       ``(3) Redemption.--The Commission shall redeem vouchers 
     accepted by broadcasting stations under paragraph (2) upon 
     presentation, subject to such documentation, verification, 
     accounting, and application requirements as the Commission 
     may impose to ensure the accuracy and integrity of the 
     voucher redemption system. The Commission shall use amounts 
     in the Political Advertising Voucher Account established 
     under subsection (h) to redeem vouchers presented under this 
     subsection.
       ``(4) Expiration.--
       ``(A) Candidates.--A voucher may only be used to pay for 
     broadcast airtime for political advertisements to be 
     broadcast before midnight on the day before the date of the 
     Federal election in connection with which it was issued and 
     shall be null and void for any other use or purpose.
       ``(B) Exception for political party committees.--A voucher 
     held by a political party committee may be used to pay for 
     broadcast airtime for political advertisements to be 
     broadcast before midnight on December 31st of the odd-
     numbered year following the year in which the voucher was 
     issued by the Commission.
       ``(5) Voucher as expenditure under feca.--
       ``(A) Congressional campaigns.--Except as provided in 
     subparagraph (B), for purposes of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431 et seq.), the use of a 
     voucher to purchase broadcast airtime constitutes an 
     expenditure as defined in section 301(9)(A) of that Act (2 
     U.S.C. 431(9)(A)).
       ``(B) Presidential campaigns.--Notwithstanding any 
     provision of the Federal Election Campaign Act of 1971 or 
     chapter 95 or 96 of the Internal Revenue Code of 1986 to the 
     contrary, the use of a voucher by a candidate for nomination 
     for election, or election, to the Office of President does 
     not constitute an expenditure for purposes of that Act or 
     chapter.
       ``(h) Political Advertising Voucher Account.--
       ``(1) In general.--The Commission shall establish an 
     account to be known as the Political Advertising Voucher 
     Account, which shall be credited with commercial television 
     and radio spectrum use fees assessed under this subsection, 
     together with any amounts repaid or otherwise reimbursed 
     under this section.
       ``(2) Spectrum use fee.--
       ``(A) In general.--The Commission shall assess, and collect 
     annually, a spectrum use fee based on a percentage of a 
     broadcasting station's gross revenues in an amount necessary 
     to carry out the provisions of this section.
       ``(B) Limitations.--The percentage under subparagraph (A) 
     may not be--
       ``(i) greater than 1 percent; nor
       ``(ii) less than .05 percent.
       ``(C) Availability.--Any amount assessed and collected 
     under this paragraph shall be retained by the Commission as 
     an offsetting collection for the purposes of making 
     disbursements under this section, except that--
       ``(i) the salaries and expenses account of the Commission 
     shall be credited with such sums as are necessary from those 
     amounts for the costs of developing and implementing the 
     program established by this section; and
       ``(ii) the Commission may reimburse the Federal Election 
     Commission for any expenses incurred by the Commission under 
     this section.
       ``(D) Fee does not apply to public broadcasting stations.--
     Subparagraph (A) does not apply to a public 
     telecommunications entity (as defined in section 397(12) of 
     this Act).
       ``(3) Administrative provisions.--Except as otherwise 
     provided in this subsection, section 9 of this Act applies to 
     the assessment and collection of fees under this subsection 
     to the same extent as if those fees were regulatory fees 
     imposed under section 9.
       ``(i) Definitions.--In this section:
       ``(1) Broadcasting station.--The term `broadcasting 
     station' has the meaning given that term by section 315(e)(1) 
     of this Act.
       ``(2) Federal election.--The term `Federal election' means 
     any regularly-scheduled, primary, runoff, or special election 
     held to nominate or elect a candidate to Federal office.
       ``(3) Federal office.--The term `Federal office' has the 
     meaning given that term by section 301(3) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431(3)).
       ``(4) Legally-qualified candidate.--The term `legally-
     qualified candidate' means a legally qualified candidate 
     within the meaning of section 315 of this Act.
       ``(5) Political party.--The term `political party' means a 
     major party or a minor party as defined in section 9002(3) or 
     (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002(3) 
     or (4)).
       ``(6) Other terms.--Except as otherwise provided in this 
     section, any term used in this section that is defined in 
     section 301 of the Federal Election Campaign of 1971 (2 
     U.S.C. 431) has the meaning given that term by section 301 of 
     that Act.

[[Page S10275]]

       ``(j) Regulations.--The Commission shall prescribe such 
     regulations as may be necessary to carry out the provisions 
     of this section. In developing the regulations, the 
     Commission shall consult with the Federal Elections 
     Commission.''.
       (b) Delayed Effective Date for Presidential Candidates.--
     The provisions of subsections (b)(2)(E) and (d)(2)(C) of 
     section 315A of the Communications Act of 1934, as added by 
     subsection (a), shall take effect on January 1, 2008.

     SEC. 5. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING 
                   CANDIDATE CAMPAIGN ADS.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Federal Communications Commission shall 
     initiate a rulemaking proceeding to establish a standardized 
     form to be used by broadcasting stations (as defined in 
     section 315(e)(1) of the Communications Act of 1934; 47 
     U.S.C. 315(e)(1)) to record and report the purchase of 
     advertising time by or on behalf of a candidate for 
     nomination for election, or for election, to Federal elective 
     office.
       (b) Contents.--The form prescribed by the Commission shall 
     require, broadcasting stations to report, at a minimum--
       (1) the station call letters and mailing address;
       (2) the name and telephone number of the station's sales 
     manager (or individual with responsibility for advertising 
     sales);
       (3) the name of the candidate who purchased the advertising 
     time, or on whose behalf the advertising time was purchased, 
     and the Federal elective office for which he or she is a 
     candidate;
       (4) the name, mailing address, and telephone number of the 
     person responsible for purchasing broadcast political 
     advertising for the candidate;
       (5) notation as to whether the purchase agreement for which 
     the information is being reported is a draft or final 
     version; and
       (6) the following information about the advertisement:
       (A) The date and time of the broadcast.
       (B) The program in which the advertisement was broadcast.
       (C) The length of the broadcast airtime.
       (c) Internet Access.--In its rulemaking, the Commission 
     shall require any broadcasting station reporting under this 
     section that maintains an Internet website to make available 
     a link to reports under this section on that website.

  Mr. FEINGOLD. Mr. President, I am pleased to once again join with the 
Senator from Arizona, Senator McCain, in introducing legislation that 
we believe will significantly improve media coverage of elections and 
reduce the negative impact that skyrocketing TV advertising costs have 
on Federal campaigns. And I am very glad that the Senator from 
Illinois, Senator Durbin, has again joined us as an original cosponsor 
of this bill.
  Although broadcast advertising is one of the most effective forms of 
communication in our democracy, it also diminishes the quality of our 
electoral process in two ways. First, broadcasters often fail to 
provide adequate coverage to the issues in elections, focusing instead 
on the horse race, if they cover elections at all. Second, the 
extraordinarily high cost of advertising time fuels the insatiable need 
for candidates to spend more and more time fundraising instead of 
talking with voters. These two problems interact to undermine the great 
promise that television has for promoting democratic discourse in our 
country.
  It need not be this way. The public owns the airwaves and licenses 
them to broadcasters. Broadcasters pay nothing for their use of this 
scarce and very valuable public resource. Their only ``payment'' is a 
promise to serve the public interest, a promise that often goes 
unfulfilled. A study by the Committee for the Study of the American 
Electorate found that only 18 percent of gubernatorial, senatorial and 
congressional debates held in 2000 were televised by network TV and an 
additional 18 percent were covered by PBS or small independent TV 
stations. More than 63 percent were not televised at all. This is 
shocking in a democracy that depends on information and open debate.
  The bill we introduce today addresses these problems by requiring 
broadcast stations to devote a reasonable amount of air time to 
election programming. It would also direct the FCC to create a voucher 
system in which candidates and parties would receive vouchers they 
could use for paid radio or TV advertising time, financed by a 
broadcast spectrum usage fee. Candidates would qualify for vouchers 
based on a ratio matched to the amount of small dollar donations they 
raise.
  Our proposal would allow candidates to leverage their grassroots 
fundraising and would provide greater campaign resources to candidates 
without requiring them to become more beholden to special interests. 
The proposal would also make air time available to political parties, 
which could be directed to underfunded candidates and challengers who 
have a harder and harder time getting their message out under the 
current system as the costs of advertising continue to rise.
  Senator McCain and I remain devoted to improving the way our 
electoral process functions and reducing the impact of big money on our 
democracy. This bill will advance that cause in a very significant and 
necessary way. I look forward to working with my colleagues to fine 
tune this bill and enact it into law. Together we can make campaigns 
less expensive, and more informative, using the public airwaves as a 
tool to improve our democracy.
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