I
103D CONGRESS
1ST SESSION
H. R. 209
To amend the Federal Election Campaign Act of 1971 to provide for public
financing of advertising and related expenses in campaigns for the House
of Representatives and to prohibit contributions by multicandidate politi-
cal committees to candidates who accept such financing.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. JACOBS introduced the following bill; which was referred to the Committee
on House Administration
A BILL
To amend the Federal Election Campaign Act of 1971 to
provide for public financing of advertising and related
expenses in campaigns for the House of Representatives
and to prohibit contributions by multicandidate political
committees to candidates who accept such financing.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the Federal Election Campaign Act of 1971 is
amended by adding at the end thereof the following new
title:
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‘‘TITLE V—PUBLIC FINANCING OF ADVERTIS-
ING AND RELATED EXPENSES IN CAM-
PAIGNS FOR THE HOUSE OF REPRESENTA-
TIVES
‘‘CAMPAIGN ALLOTMENTS
‘‘SEC. 501. (a) Each candidate in an election for the
office of Representative shall be entitled to—
‘‘(1) an allotment of ninety minutes of tele-
vision time, divided as the candidate chooses pro-
vided that each appearance on television is at least
five minutes long;
‘‘(2) an allotment of one hundred and thirty-
five minutes of radio time, divided as the candidate
chooses provided that each appearance on radio is at
least five minutes long;
‘‘(3) an allotment of one hundred and twenty-
six column inches or one page, whichever is greater,
of newspaper advertising, divided as the candidate
chooses provided that no individual advertisement
uses less than ten column inches; or
‘‘(4) an allotment of any costs incurred in the
installation of telephones and other equipment for a
question-and-answer format if such a format is used
during the candidate’s allotted time on television or
radio.
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‘‘(b) Payment shall be made for such allotments by
the Secretary of the Treasury, as provided in section 504.
‘‘ELIGIBILITY
‘‘SEC. 502. (a) A candidate for the office of Rep-
resentative may become eligible to receive a campaign al-
lotment under this title—
‘‘(1) in the case of the allotments under para-
graphs (1) through (4) of section 501(a), by arrang-
ing in advance for each advertisement that will be
made on television, on radio, and in newspapers, and
each installation of telephones and other equipment,
and by submitting to the Commission, not later than
ten days before the election for which such advertise-
ments are made, a schedule of such advertisements
and installations, as provided in section 503(a); or
‘‘(2) by certifying to the Commission, under
penalty of perjury, that such candidate will not
make expenditures from his personal funds, the per-
sonal funds of his immediate family or funds do-
nated to his campaign committee, for any of the
purposes for which such candidate accepts a cam-
paign allotment under this title.
‘‘(b) A candidate who accepts any contribution from
a multicandidate political committee with respect to an
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election shall not be eligible to receive a campaign allot-
ment under this title with respect to such election.
‘‘SUBMISSION OF CHARGES TO THE COMMISSION
‘‘SEC. 503. (a)(1) The schedule required to be sub-
mitted by section 502(a)(1) shall include a separate listing
for the television allotment, the radio allotment, and the
newspaper allotment, of—
‘‘(A) the date and time of each advertisement
within such allotment;
‘‘(B) the station or newspaper providing the
time or space for such advertisement;
‘‘(C) the amount of time or space that will be
used in such advertisement;
‘‘(D) the total amount of time or space that will
be used for television, radio, and newspaper advertis-
ing; and
‘‘(E) with respect to a television or radio adver-
tisement involving the installation of telephones or
other equipment, the name of the company providing
such installation, and the cost of such installation.
‘‘(2) Such schedule shall be in a form, as further pre-
scribed by the Commission, which provides for a ranking
within each of the television, radio, and newspaper allot-
ments, of each advertisment. Each candidate submitting
a schedule shall rank such advertisements in order of his
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preference, for purposes of any reduction of the maximum
allotments that may be required under section 504(a)(2).
‘‘(b)(1) Each station, newspaper, or company provid-
ing time, space, or service with respect to an allotment
under paragraphs (1) through (4) of section 501(a) shall
submit a report of charges to the Commission, as provided
in paragraph (2). Such a station, newspaper, or company
shall be guaranteed payment under section 504 only if
such report is received by the Commission not later than
ten days before the election.
‘‘(2)(A) The report required by paragraph (1) shall
include, in the case of an advertisement that will be broad-
cast or published, a listing of—
‘‘(i) the candidate for whom the time or space
is provided;
‘‘(ii) the date and time when each advertise-
ment will be broadcast or published;
‘‘(iii) the amount of time or space used; and
‘‘(iv) the charge made for such advertisement.
‘‘(B) The report required by paragraph (1) shall in-
clude, in the case of installation of telephones or equip-
ment—
‘‘(i) the candidate for whom the installation is
made;
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‘‘(ii) the advertisement in connection with which
such equipment will be installed, identified by the
date and time of such advertisement, and the station
or newspaper, providing the time or space for such
advertisement; and
‘‘(iii) the charge for such installation.
‘‘CERTIFICATION OF CHARGES TO THE SECRETARY OF
THE TREASURY
‘‘SEC. 504. (a)(1)(A) The Commission shall certify
to the Secretary of the Treasury a charge included in a
report submitted under section 503(b) for payment, as
soon as practicable after the date on which reports must
be submitted under such section—
‘‘(i) if such charge is listed in the schedule sub-
mitted by the candidate for whom the time, space,
or service is to be provided, and there is no discrep-
ancy between the information relating to such
charge provided with such report and provided with
the schedule under section 503(a);
‘‘(ii) if such charge, as represented on such
schedule, is not for time or space in excess of the
maximum allowed under paragraph (1), (2), or (3)
of section 501(a); and
‘‘(iii) to the extent that the rate charged is not,
in the case of a television or radio station, in excess
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of the limits imposed by section 315(b) of the Com-
munications Act of 1934 (47 U.S.C. 315(b)), in the
case of a newspaper, in excess of the limits imposed
by section 318(b), and in the case of a company pro-
viding installation service, in excess of the amount
charged for comparable service in the district where
such installation is provided.
‘‘(B) At the time of the certification of a charge
under this subsection the Commission shall immediately
notify the station, newspaper, or company that its charge
has been certified and that payment will be made by the
Secretary of the Treasury not later than thirty days from
date of certification.
‘‘(C)(i) In any case in which the Commission fails to
certify a charge because one of the conditions set forth
in clause (i) or (ii) of subparagraph (A) has not been met,
the Commission shall immediately notify the candidate
and the station, newspaper, or company involved of such
action, and such parties shall be allowed ten days after
such notification to submit amended schedules and re-
ports, in a manner prescribed by the Commission.
‘‘(ii) In any case in which the Commission fails to
certify part of a charge because it is excessive under clause
(iii) of subparagraph (A), it shall immediately notify the
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station or newspaper affected of such action, and shall
provide such station or newspaper with a hearing.
‘‘(D) The Commission shall certify any charge sub-
mitted later than ten days before the election only to the
extent that the time, space, or service for which such
charge is made does not exceed the limits imposed by sec-
tion 501(a).
‘‘(2) The Commission shall certify charges to the Sec-
retary of the Treasury for payment under this subsection
only to the extent provided in appropriation Acts. If at
the time that reports are required to be submitted under
section 503(b)(1) the total of all charges submitted with
respect to the allotments under paragraphs (1) through
(4) of section 501(a) exceeds the amount appropriated for
such purposes, the Commission shall certify charges as fol-
lows:
‘‘(A) The Commission shall determine the per-
centage by which the total amount of charges sub-
mitted must be reduced in order to make such total
equal to the amount appropriated.
‘‘(B) The Commission shall reduce the amount
of time and space requested by each candidate for
each allotment under paragraphs (1) through (3) of
section 501(a) by the percentage determined under
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subparagraph (A), according to the ranking made by
each such candidate in his schedule.
‘‘(C) The Commission shall certify the charges
selected under subparagraph (B) to the Secretary of
the Treasury for payment, and shall promptly notify
each station, newspaper, and company, and each
candidate of such selections.
The determination, reduction, and notification shall, when
required by this section, be made by the Commission not
later than three days after the date on which reports are
required to be submitted under section 503(b)(1).
‘‘(3) There are authorized to be appropriated for each
fiscal year beginning with the fiscal year beginning on Oc-
tober 1, 1991, such funds as are necessary to make the
payments required by this subsection.
‘‘(b)(1) The Commission shall certify to the Secretary
of the Treasury a charge under section 502(a)(2) for pay-
ment, as soon as practicable after the candidate’s certifi-
cation is submitted to the Commission, to the extent that
such charge is not in excess of the amount to which the
candidate submitting such charge is entitled under section
501(a), and only to the extent provided in prior appropria-
tion Acts.
‘‘(2) In any case in which the Commission fails to
certify part of a charge under paragraph (1), it shall im-
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mediately notify the candidate of such action and provide
a hearing to such candidate.
‘‘(3) There are authorized to be appropriated for each
fiscal year beginning with the fiscal year beginning on Oc-
tober 1, 1991, such funds as are necessary for the pur-
poses of this subsection.
‘‘DEFINITIONS
‘‘SEC. 505. As used in this title, the term—
‘‘(1) ‘candidate’ means an individual who seeks
election to the office of Representative, and who is
qualified under State law to have his name placed on
the ballot in the district in which he seeks election;
‘‘(2) ‘column inch’ means a newspaper column
one inch deep;
‘‘(3) ‘election’ means a general or special elec-
tion;
‘‘(4) ‘immediate family’ has the meaning given
such term in section 9004(e) of the Internal Reve-
nue Code of 1986;
‘‘(5) ‘office of Representative’ means the office
of Representative in, or Delegate or Resident Com-
missioner to, the Congress; and
‘‘(6) ‘State’ means a State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of