I
106TH CONGRESS
1ST SESSION
H. R. 2033
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 HOUSE OF REPRESENTATIVES
JUNE 7, 1999
Mr. WALDEN of Oregon introduced the following bill; which was referred to
the Committee on Commerce
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 can-
didate does so in person.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 can-
didates for all political offices 45 days before a pri-
mary election, and 60 days before a general election.
(2) The ‘‘lowest unit charge’’ requirement rep-
resents a federally mandated subsidy for political
candidates.
(3) Campaigns for public office are too fre-
quently dominated by negative and attack-oriented
television and radio advertising.
(4) The Government should take action to en-
sure 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 PUBLIC CANDIDATES ATTACK-
ING OPPOSITION.
(a) IN GENERAL.—Section 315(b) of the Commu-
nications 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 public of-
fice, 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 broad-
cast 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 broad-
cast, contains a clearly identifiable photo-
graphic 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 public office (or any au-
thorized committee of such candidate) makes a ref-
erence described in subparagraph (A) in any broad-
cast that does not meet the requirements of sub-
paragraph (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 can-
didate and the office for which the candidate is
running are identified by such candidate.
‘‘(D) For purposes of this paragraph, the term
‘authorized committee’ has the meanings given such
term by section 301 of the Federal Election Cam-
paign 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.
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