II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Political Candidate

5 Personal Responsibility Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) Local broadcasters are currently required to

2 offer the ‘‘lowest unit charge’’ for advertising to can3 didates for all political offices 45 days before a pri4 mary election, and 60 days before a general election.

5 (2) The ‘‘lowest unit charge’’ requirement rep6 resents a federally mandated subsidy for political

7 candidates.

8 (3) Campaigns for Federal office are too fre9 quently dominated by negative and attack-oriented

10 television and radio advertising.

11 (4) The Government should take action to en12 sure that it does not subsidize negative and attack

13 oriented advertising where the candidate fails to

14 demonstrate personal responsibility for the tenor of

15 the candidate’s advertising.

16 SEC. 3. LIMITATION ON AVAILABILITY OF LOWEST UNIT

17 CHARGE FOR FEDERAL CANDIDATES AT18 TACKING OPPOSITION.

19 (a) IN GENERAL.—Section 315(b) of the Commu20 nications Act of 1934 (47 U.S.C. 315(b)) is amended—

21 (1) by striking ‘‘(b) The charges’’ and inserting

22 ‘‘(b)(1) The charges’’;

23 (2) by redesignating paragraphs (1) and (2) as

24 subparagraphs (A) and (B), respectively; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(2)(A) In the case of a candidate for Federal

4 office, such candidate shall not be entitled to receive

5 the rate under paragraph (1)(A) for the use of any

6 broadcasting station unless the candidate certifies

7 that the candidate (and any authorized committee of

8 the candidate) shall not make any direct reference to

9 another candidate for the same office, in any broad10 cast using the rights and conditions of access under

11 this Act, unless—

12 ‘‘(i) such reference meets the requirements

13 of subparagraph (C), and

14 ‘‘(ii) a communication which contains such

15 reference—

16 ‘‘(I) in the case of a television broad17 cast, contains a clearly identifiable photo18 graphic or similar image of the candidate

19 that is prominently displayed during at

20 least 75 percent of the broadcast time, and

21 ‘‘(II) in the case of a radio broadcast,

22 contains the voice of the candidate during

23 at least 75 percent of the broadcast time.

24 ‘‘(B) If a candidate for Federal office (or any

25 authorized committee of such candidate) makes a
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1 reference described in subparagraph (A) in any

2 broadcast that does not meet the requirements of

3 subparagraph (C) or makes a communication that

4 does not meet the requirements of subparagraph

5 (A)(ii), such candidate shall not be entitled to re6 ceive the rate under paragraph (1)(A) for such

7 broadcast or any other broadcast during any portion

8 of the 45-day and 60-day periods described in para9 graph (1)(A), that occur on or after the date of such

10 broadcast, for election to such office.

11 ‘‘(C) A candidate meets the requirements of

12 this subparagraph with respect to any reference to

13 another candidate if—

14 ‘‘(i) in the case of a television broadcast,

15 the reference (and any statement relating to the

16 other candidate) is made by the candidate in a

17 personal appearance on the screen, and

18 ‘‘(ii) in the case of a radio broadcast, the

19 reference (and any statement relating to the

20 other candidate) is made by the candidate in a

21 personal audio statement during which the can22 didate and the office for which the candidate is

23 running are identified by such candidate.

24 ‘‘(D) For purposes of this paragraph, the terms

25 ‘authorized committee’ and ‘Federal office’ have the
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1 meanings given such terms by section 301 of the

2 Federal Election Campaign Act of 1971 (2 U.S.C.

3 431).’’

4 (b) CONFORMING AMENDMENT.—Section

5 315(b)(1)(A) of the Communications Act of 1934 (47

6 U.S.C. 315(b)(1)(A)), as redesignated by subsection

7 (a)(2), is amended by inserting ‘‘subject to paragraph

8 (2),’’ before ‘‘during the forty-five days’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to broadcasts made after the date

11 of enactment of this Act.

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