Campaign Finance Bills in the 107th Congress: House
Congressional research reportApr 24, 2001
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CRS Report for Congress
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Campaign Finance Bills in the 107th Congress:
House
April 24, 2001
Joseph E. Cantor
Specialist in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
Campaign Finance Bills in the 107th Congress: House
Summary
Thus far in the 107th Congress, 24 bills have been introduced in the House to
change the nation’s campaign finance laws (primarily under Titles 2 and 26 of the
U.S. Code). Many of the bills seek to tighten perceived loopholes in the current
system, primarily in the areas of soft money and issue advocacy. Other prominent
provisions in bills include adjustments in hard money contribution limits and
improvements in enforcement and disclosure functions of the Federal Election
Commission (FEC).
This report summarizes each House bill offered in the 107th Congress, arranged
in both numerical order and by major issue addressed, with any legislative action
shown. The provisions of these bills are grouped into 15 categories, based on type
of issue addressed. The categories are reflected in detailed summaries and in a crossreference section arranged by category, with indications of which bills embody a
particular concept. This report is current as of April 20, 2001.
Contents
Chapter I. Checklist of Bills and Types of Proposals . . . . . . . . . . . . . . . . . . . . . 3
Chapter II. Major Reforms Proposed, by Category . . . . . . . . . . . . . . . . . . . . . . 7
Individuals (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Remove Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Raise Limits on Individual Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . 8
To Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
To Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
To PACs/Other Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Annual Aggregate Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Provide Tax Incentives for Individual Contributions . . . . . . . . . . . . . . . . . . 8
Index Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Require Majority of Funds from Individuals . . . . . . . . . . . . . . . . . . . . . . . . 8
PACs (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibit PAC Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Remove Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Raise Limits on PAC Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
To Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
To Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
To PACs/Other Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Lower Limits on PAC Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Index Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Ease Trade Association PAC Solicitation Rules . . . . . . . . . . . . . . . . . . . . . 9
Strengthen Prohibition Against Force and Reprisals . . . . . . . . . . . . . . . . . 10
Expand Corporate Restricted Class Definition . . . . . . . . . . . . . . . . . . . . . 10
Political Parties (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Remove Coordinated Expenditure Limits . . . . . . . . . . . . . . . . . . . . . . . . . 10
Remove Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Raise Limits on Party Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
To Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
To PACs/Other Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Index Contribution Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Candidates (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Constitutional Amendment to Limit Candidate Spending . . . . . . . . . . . . . 11
Prohibit Personal Use of Campaign Funds . . . . . . . . . . . . . . . . . . . . . . . . 11
Ban Party Coordinated Spending on Candidate Exceeding Personal Fund
Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Lift Certain Limits if Opponent Exceeds Personal Fund Level . . . . . . . . . 11
In-state or In-district (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
In-state and In-district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
In-state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
In-district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Independent Expenditures (Hard Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Define Independent Expenditure as Containing Express Advocacy and
Avoiding Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Prohibit Both Party Coordinated and Independent Expenditures for
Same Candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Increase Disclosure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Increase Penalties for Independent Expenditure Violations . . . . . . . . . . . . 12
Coordination (Hard and Soft Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Define Activities That Constitute Coordination . . . . . . . . . . . . . . . . . . . . 12
Add Coordinated Activities to Contribution/Expenditure Definition . . . . . 12
Deem All Party Communications Referring to Candidate as Coordinated
with Candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Soft Money: Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Ban Soft Money Spending to Influence Federal Elections . . . . . . . . . 13
Party Soft Money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Prohibit National Parties from Raising and Spending Soft Money . . . 13
Limit Soft Money Donations to National Parties . . . . . . . . . . . . . . . . 13
Require State Party Hard Money for Specified Activities/Periods . . . 13
Prohibit State Party Soft Money Transfers to Other State Parties . . . 13
Prohibit Use of Soft Money to Raise Funds for Federal Elections . . . 13
Prohibit Parties from Raising Money for Tax-Exempt Groups . . . . . 14
Prohibit Federal Candidates/Officials Raising Soft Money . . . . . . . . . 14
Require Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Remove Building Fund Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Soft Money: Non-Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Corporate and Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Remove Restricted Class Activity Exemptions from FECA Ban . . . . 14
Added Election Law Disclosure Requirements . . . . . . . . . . . . . . . . . 15
Require Approval for Political Use of Union Dues/Agency Fees . . . . 15
Tax-Exempt Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Change Rules for Level of Political Activity Allowed under
Internal Revenue Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Issue Advocacy (Soft Money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Broader Standard for Determining Express Advocacy . . . . . . . . . . . . . . . 15
Amend Expenditure to Include Communications Referring to
Federal Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Exemptions from Express Advocacy Definition . . . . . . . . . . . . . . . . . . . . 16
Voter Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Background Music . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Restrict Coordination of Party Issue Ads with Candidates . . . . . . . . . . . . 16
Require Disclosure by Spender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Require Disclosure via Broadcaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Exempt State/Local 527 Groups from IRS Disclosure . . . . . . . . . . . . . . . 16
Spending Limits and Public Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Mandatory Limits through Constitutional Amendment . . . . . . . . . . . . . . . 17
FEC (Enforcement & Disclosure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Increase Penalties for Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Allow Random Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Eliminate Ex Officio Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Expedite Enforcement Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 17
Allow Referrals to Attorney General at Any Time . . . . . . . . . . . . . . 17
Add Procedures and Penalties for Minor Violations . . . . . . . . . . . . . 17
Allow Subpoenas and Notifications Without Chair’s Signature . . . . . 18
Allow Written Responses if Law is Unambiguous, with “Safe
Harbor” Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Provide for Equitable Remedies in Conciliation Agreements . . . . . . . 18
Change Enforcement Initiation Standard . . . . . . . . . . . . . . . . . . . . . . 18
Allow Justice Department to Initiate Criminal Actions . . . . . . . . . . . 18
Allow Candidates to Seek Civil Action if FEC Doesn’t Act
Expeditiously . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Require Returned Contributions to be Placed in Escrow Account . . . 18
Changes Name of FEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Electronic Filling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Require Internet Posting by FEC . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Expedited or Increased Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Remove “Best Efforts” Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Lower Reporting Threshold for Itemization . . . . . . . . . . . . . . . . . . . 19
Require All Reports to be Filed at FEC . . . . . . . . . . . . . . . . . . . . . . 19
Require Disclosure of Phone Bank/Push Poll Costs . . . . . . . . . . . . . 19
Require Candidate Reports to Aggregate by Local Residents . . . . . . 19
Advertising Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Augment Identification (Disclaimer) Requirements . . . . . . . . . . . . . . . . . . 19
Identification Requirement for Push Polls/Phone Banks . . . . . . . . . . . . . . 19
Require Candidate Appearance in Ads Referring to Opponent . . . . . . . . . 20
Foreign Nationals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Prohibit Contributions or Expenditures by Non-Citizens . . . . . . . . . . . . . . 20
Prohibit Foreign National Contributions or Their Solicitation . . . . . . . . . . 20
Clearinghouse to Coordinate Foreign Lobbying/Election Disclosure . . . . . 20
Prohibit Soft Money from Foreign Nationals . . . . . . . . . . . . . . . . . . . . . . 20
Guarantee All Eligible Voters’ Right to Participate/Contribute . . . . . . . . . 20
Clarify that U.S. Nationals Are Not Affected by Foreign National Ban . . . 20
Increase Penalties for Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Provide for Expulsion of Members in Violation . . . . . . . . . . . . . . . . . . . . 21
Prohibit Use of “Willful Blindness” Defense . . . . . . . . . . . . . . . . . . . . . . . 21
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Create Study Commission to Recommend Reforms . . . . . . . . . . . . . . . . . 21
Prohibit/Restrict Bundling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Presidential Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Abolish Public Funding System . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Require Pledge To Raise No Soft Money for Election . . . . . . . . . . . 21
Add Fines on Candidates Raising Private Funds/Evading Limits . . . . 21
Regulation of Fundraising on Government Property . . . . . . . . . . . . . . . . . 21
Broaden Ban to Include Soft Money . . . . . . . . . . . . . . . . . . . . . . . . 21
Presidential and Vice Presidential Property . . . . . . . . . . . . . . . . . . . . 21
Air Force/Marine One and Two . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Full-Cost Reimbursement for Political Travel of Non-Officeholders . 22
Clarify “Controlling Legal Authority” Prohibition . . . . . . . . . . . . . . . 22
Disclosure on Use of Government Aircraft in Campaigns . . . . . . . . . 22
Lengthen Pre-election Ban on Franked Mass Mailings . . . . . . . . . . . . . . . 22
Strengthen Ban on Contributions in Name of Another . . . . . . . . . . . . . . . 22
Restrict/Prohibit Minors’ Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Prohibit Acceptance of Cash Contributions . . . . . . . . . . . . . . . . . . . . . . . 22
Prohibit False Representation in Fundraising . . . . . . . . . . . . . . . . . . . . . . 22
Restrict or Require Use of Candidates’ Names . . . . . . . . . . . . . . . . . . . . 22
Combat Voter Fraud and Election Day Abuses . . . . . . . . . . . . . . . . . . . . . 22
Statement of Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Chapter III. House Bill Summaries: Numerical Order . . . . . . . . . . . . . . . . . . . 23
H.R. 27 (Bartlett) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
H.R. 35 (Bereuter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
H.R. 150 (Petri) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
H.R. 151 (Petri) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
H.R. 156 (Price, NC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
H.R. 191 (Stump) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
H.R. 277 (Jones, NC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
H.R. 283 (Maloney, NY) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
H.R. 289 (Mink) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
H.R. 355 (Jones, NC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
H.R. 365 (Moore) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
H.R. 380 (Shays-Meehan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
H.R. 449 (Gilchrest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
H.R. 450 (Gilchrest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
H.R. 527 (Vitter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
H.R. 1019 (Burton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
H.R. 1039 (Terry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
H.R. 1080 (Linder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
H.R. 1150 (Hutchinson) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
H.R. 1444 (Doolittle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
H.R. 1445 (English) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
H.R. 1447 (Faleomavega) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
H.J.Res. 2 (Dingell) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
H.J.Res. 4 (Leach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Index by Lead Sponsor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
List of Tables
Table 1. Checklist of Major Provisions of 107th Congress Bills: House . . . . . . . 4
Campaign Finance Bills in the
107th Congress: House
This report lists House bills introduced in the 107th Congress to amend the
nation’s campaign finance laws (primarily under Titles 2 and 26 of the U.S. Code, the
Federal Election Campaign Act or FECA). The list is current through the Spring
District Work Period, which ends April 20, 2001.
The report comprises three chapters and an index:
! Chapter I is a checklist of all bills (in numerical order), noting major types of
reforms proposed in each, according to 15 categories (including
“miscellaneous”);
! Chapter II arranges all provisions of every bill under the 15 categories noted
in the checklist, with a basic description of the issue area, where needed, and
further division of proposals into subcategories. Bills whose provisions fall
under a specific category or subcategory are noted accordingly (with further
detail provided in Chapter III);
! Chapter III is a chronological listing and summary of each House bill. For
each, it provides the bill number, sponsor, title, a detailed summary of
provisions arranged by the 15 categories used in Sections I and II, date
introduced, committee referral, and any legislative action; and
! Index of bills, listed alphabetically by lead sponsor.
CRS-3
Chapter I. Checklist of Bills and
Types of Proposals
Table 1 on the following pages provides easy reference to types of provisions in
each of the bills listed in this report. An (X) denotes features in a bill that are broadly
applicable and apply without conditions (except in the “spending limits/public
benefits” category, which contains many inherently conditional features). For each
category, reference is made to the page in this report where a discussion of it and the
applicable legislation is found.
CRS-4
Table 1. Checklist of Major Provisions of 107th Congress Bills: House
Hard Money
Major contribution sources
Bill/
Sponsor
See
Indiv.
PACs
Party
Cand.
p. ?
p. 9
p. 10
p. 10
Hard &
Soft
Money
Soft Money
Instate/
-district
Indep.
Expen.
Coordination
Party
(and
gen.)
Non-party
(labor/corp/
tax-exempt)
Issue
Advoc.
p. 11
p. 11
p. 12
p. 12
p. 14
p. 15
Spending
limits &
public
benefits
FEC
Advertising.
Foreign
Misc.
p. 16
p. 17
p. 19
p. 20
p. 21
HR 27
Bartlett
X
HR 35
Bereuter
X
HR 150
Petri
HR 151
Petri
X
X
X
X
X
X
X
X
X
HR 156
Price, NC
X
HR 191
Stump
X
HR 277
Jones, NC
X
HR 283
Maloney, NY
HR 289
Mink
X
X
X
X
CRS-5
Hard Money
Major contribution sources
Bill/
Sponsor
See
Indiv.
PACs
Party
Cand.
p. ?
p. 9
p. 10
p. 10
Hard &
Soft
Money
Soft Money
Instate/
-district
Indep.
Expen.
Coordination
Party
(and
gen.)
Non-party
(labor/corp/
tax-exempt)
Issue
Advoc.
p. 11
p. 11
p. 12
p. 12
p. 14
p. 15
HR 355
Jones, NC
Spending
limits &
public
benefits
FEC
Advertising.
Foreign
Misc.
p. 16
p. 17
p. 19
p. 20
p. 21
X
X
X
X
X
HR 365
Moore
HR 380
Shays-Meehan
X
X
HR 449
Gilchrest
X
X
X
X
X
X
X
X
HR 450
Gilchrest
X
HR 527
Vitter
X
HR 1019
Burton
HR 1039
Terry
X
X
X
HR 1080
Linder
HR 1150
Hutchinson
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
CRS-6
Hard Money
Major contribution sources
Bill/
Sponsor
Indiv.
PACs
Party
Cand.
See
p. ?
p. 9
p. 10
p. 10
HR 1444
Doolittle
X
X
X
HR 1445
English
X
Hard &
Soft
Money
Soft Money
Instate/
-district
Indep.
Expen.
Coordination
Party
(and
gen.)
Non-party
(labor/corp/
tax-exempt)
Issue
Advoc.
p. 11
p. 11
p. 12
p. 12
p. 14
p. 15
X
X
Spending
limits &
public
benefits
FEC
Advertising.
Foreign
Misc.
p. 16
p. 17
p. 19
p. 20
p. 21
X
X
X
HR 1447
Faleomavega
X
H.J.Res. 2
Dingell
H.J.Res. 4
Leach
X
X
X
CRS-7
Chapter II. Major Reforms Proposed, by Category
This section of the report is organized into 15 subsections, encompassing 14
major areas of reform that are addressed in proposed 107th Congress House bills, and
a “miscellaneous” category for provisions outside that framework. In each
subsection, bills containing provisions that address that particular area are noted.
Greater detail for each provision and a sense of how a bill’s various provisions might
affect each other can be found Chapter III, where bill summaries appear in numerical
order. (In some cases, reference is made here to other provisions of the same bill.)
For purposes of classification and easy reference, arbitrary decisions were made
as to the primary nature and goal of a particular provision. Many provisions,
however, have multiple purposes. For example, a bill that would raise the limit on an
individual’s contributions to political parties would empower both the individual and
the political party. Such a provision would be listed here under “individual,” as it
most directly affects what an individual may do, even though the parties would derive
an increased benefit as well.
The first six categories can be examined in the context of hard money, as they
pertain to types of activity that are regulated under federal election law, which
specifies prohibited sources, sets limits on permitted contributions, and requires
disclosure. The six hard money categories are shown on the checklist in Chapter I
under a larger heading of “hard money,” with the first four—individuals, PACs,
parties, and candidates—further grouped to reflect the four principal sources of
campaign receipts. The eighth, ninth, and tenth categories comprise provisions
dealing with soft money; the eighth contains provisions relating to party soft money
(and some general provisions); the ninth focuses on non-party soft money—direct
activities of unions, corporations, and tax-exempt organizations; and the tenth
addresses issue advocacy, election-related communications that fall outside the
purview of the Federal Election Campaign Act (FECA).1
1
In general, the term “hard money” is used to refer to funds raised and spent according to the
source limits and prohibitions and disclosure requirements of federal election law. By
contrast, “soft money” can be described as funds raised and spent outside the federal election
regulatory framework but which may have at least an indirect impact on federal elections. For
further discussion of hard and soft money, see: U.S. Library of Congress, Congressional
Research Service, Soft and Hard Money in Contemporary Elections: What Federal Law
Does and Does Not Regulate, by Joseph E. Cantor, CRS Report 97-91GOV (Washington
Feb. 2, 2001).
CRS-8
Individuals (Hard Money)
These bills would change limits and offer incentives to encourage a greater role
for individual citizens in federal campaign financing.
Remove Contribution Limits
H.R. 1444 (Doolittle)
Raise Limits on Individual Contributions
To Candidates.
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
To Parties.
H.R. 380 (Shays-Meehan) – to state parties
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
To PACs/Other Committees.
H.R. 1039 (Terry)
Annual Aggregate Limit.
H.R. 380 (Shays-Meehan)
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Provide Tax Incentives for Individual Contributions
H.R. 151 (Petri)
Index Contribution Limits
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Require Majority of Funds from Individuals
H.R. 1445 (English) – in House and Senate campaigns
CRS-9
PACs (Hard Money)
These bills contain provisions to restrict or empower PACs in their funding role.
The term PAC, as used here, generally refers to “nonparty multicandidate
committees,” an FECA status that most PACs have. The term “leadership PAC”
refers to PACs established by candidates or officials apart from their campaign
committees. PACs sponsored by organizations are known as “separate segregated
funds;” PACs that are independent of other entities are “nonconnected.”
Prohibit PAC Contributions
H.R. 449 (Gilchrest)
Remove Contribution Limits
H.R. 1444 (Doolittle)
Raise Limits on PAC Contributions
To Candidates.
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
To Parties.
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
To PACs/Other Committees.
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Lower Limits on PAC Contributions
H.R. 151 (Petri)
Index Contribution Limits
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Ease Trade Association PAC Solicitation Rules
H.R. 1039 (Terry)
CRS-10
Strengthen Prohibition Against Force and Reprisals
H.R. 1150 (Hutchinson)
Expand Corporate Restricted Class Definition
H.R. 1039 (Terry)
Political Parties (Hard Money)
This category should be examined in conjunction with the “party soft money”
category, below. “Coordinated expenditures” are a special category of party spending
on behalf of, and in coordination with, candidates, subject to federal limits under
2 U.S.C. §441a(d).
Remove Coordinated Expenditure Limits
H.R. 1150 (Hutchinson)
Remove Contribution Limits
H.R. 1444 (Doolittle)
Raise Limits on Party Contributions
To Candidates.
H.R. 1039 (Terry) – including special limit for contributions to Senate
candidates
H.R. 1150 (Hutchinson)
To PACs/Other Committees.
H.R. 1039 (Terry)
Index Contribution Limits
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Candidates (Hard Money)
These bills contain provisions that focus on spending and loans by candidates
from personal or family wealth, including the issue of repayment of candidate loans
from campaign funds after an election.
CRS-11
Constitutional Amendment to Limit Candidate Spending
H.J.Res. 4 (Leach)
Prohibit Personal Use of Campaign Funds
H.R. 380 (Shays-Meehan)
Ban Party Coordinated Spending on Candidate Exceeding
Personal Fund Level
H.R. 380 (Shays-Meehan)
Lift Certain Limits if Opponent Exceeds Personal Fund Level
H.R. 151 (Petri)
In-state or In-district (Hard Money)
This category includes bills that would require that at least 50% of candidates’
funds to come from residents of that state or district, or in some way seek to
encourage a greater role for local residents.
In-state and In-district
H.R. 1445 (English)
In-state
H.R. 151 (Petri) – House and Senate
In-district
H.R. 450 (Gilchrest) – no House funds from non-resident individuals
Independent Expenditures (Hard Money)
Independent expenditures are communications with the public advocating the
election or defeat of clearly identified candidates made without any coordination,
cooperation, or consultation with affected candidates. They are not subject to limits
on amounts spent, although the source restrictions and disclosure requirements of
federal law do apply. This hard money activity should not be confused with issue
advocacy, which falls completely outside federal election regulation. Issue and
express advocacy are described in a later category, below.
CRS-12
Define Independent Expenditure as Containing Express
Advocacy and Avoiding Coordination
H.R. 380 (Shays-Meehan)
Prohibit Both Party Coordinated
Expenditures for Same Candidate
and
Independent
H.R. 380 (Shays-Meehan)
Increase Disclosure Requirements
H.R. 380 (Shays-Meehan)
Increase Penalties for Independent Expenditure Violations
H.R. 380 (Shays-Meehan)
Coordination (Hard and Soft Money)
These provisions address the issue of what constitutes “coordination” under the
FECA, a status which, in turn, triggers an activity’s being treated as a “contribution”
or “expenditure,” subject to any relevant limits. In recent years, this issue has come
to include issue advocacy as well as express advocacy. Hence it contains both a hard
and soft money component.
Define Activities That Constitute Coordination
H.R. 380 (Shays-Meehan)
Add Coordinated Activities to Contribution/Expenditure
Definition
H.R. 380 (Shays-Meehan)
Deem All Party Communications Referring to Candidate as
Coordinated with Candidate
H.R. 380 (Shays-Meehan)
Soft Money: Party
This term refers to money that may indirectly influence the outcome of federal
elections, but that is raised and spent outside the purview of federal election laws and
that would be illegal if spent directly in connection with a federal election. Activities
CRS-13
that are exempted from the FECA’s “contribution” and “expenditure” definitions may
be paid for with soft money. Three common forms of soft money are party soft
money, non-party soft money, and issue advocacy. This section deals with party soft
money, including the role played by federal candidates and officials in raising it. Bills
which focus on soft money in general, without any further delineation, are also listed
here.
Party soft money is raised by national parties from sources and in amounts that
are federally impermissible. Most commonly, these funds are transferred to state
parties in those states where it is permitted under state election law; the money is used
for grassroots and generic party activity, which may benefit the entire party slate.
Due to different rules for federal and state elections, parties must use an allocation
system for spending money on activities that affect both federal and state elections
(i.e., “mixed activities”). Party soft money is also used for a portion of administrative
and overhead expenses and, more recently, for issue advocacy.
In General
Ban Soft Money Spending to Influence Federal Elections.
H.R. 289 (Mink)
Party Soft Money
Prohibit National Parties from Raising and Spending Soft Money.
H.R. 380 (Shays-Meehan)
H.R. 1080 (Linder)
H.R. 1150 (Hutchinson)
Limit Soft Money Donations to National Parties.
H.R. 1039 (Terry) – indexed for inflation; contingent upon satisfactory Supreme
Court review
Require State Party Hard Money for Specified Activities/Periods.
H.R. 380 (Shays-Meehan) – for federal election activities
Prohibit State Party Soft Money Transfers to Other State Parties.
H.R. 1150 (Hutchinson)
Prohibit Use of Soft Money to Raise Funds for Federal Elections.
H.R. 380 (Shays-Meehan)
CRS-14
Prohibit Parties from Raising Money for Tax-Exempt Groups.
H.R. 380 (Shays-Meehan)
Prohibit Federal Candidates/Officials Raising Soft Money.
H.R. 380 (Shays-Meehan)
H.R. 1150 (Hutchinson)
Require Disclosure.
Increase Current Requirements.
H.R. 380 (Shays-Meehan)
H..R. 1444 (Doolittle) – copies of state party reports filed with state officials
Codify Current Regulations.
H.R. 380 (Shays-Meehan)
H.R. 1039 (Terry)
H..R. 1444 (Doolittle) – on national party transfers to state and local parties
Remove Building Fund Exemption.
H.R. 380 (Shays-Meehan)
Soft Money: Non-Party
Non-party soft money pertains to direct spending by and activity of groups, as
opposed to their donations to another entity (such as the parties). The term is most
commonly used to refer to union and corporate treasury money that federal election
law allows for three exempt activities aimed only at specified restricted classes
(corporate executives and stockholders and their families, and union members and
their families). The three exempt activities are setting up and raising money for a
PAC, internal communications (including express advocacy), and voter registration
and get-out-the-vote drives. This section also includes provisions dealing with taxexempt organizations, as independent political entities. (Aspects of tax-exempt
activity are also included in the party soft money section, with respect to parties and
candidates raising money for or giving to tax-exempt groups, and in the issue
advocacy section, regarding issue advocacy activity by so-called “section 527"
organizations.)
Corporate and Labor
Remove Restricted Class Activity Exemptions from FECA Ban.
H.R. 1080 (Linder)
CRS-15
Added Election Law Disclosure Requirements.
H.R. 380 (Shays-Meehan)
H.R. 1080 (Linder) – for all spending in connection with federal election
Require Approval for Political Use of Union Dues/Agency Fees.
H.R. 380 (Shays-Meehan) – just agency fee payers (per Beck decision)
H.R. 1150 (Hutchinson) – just agency fee payers (per Beck decision)
H..R. 1444 (Doolittle) – for all workers
Tax-Exempt Organizations
Change Rules for Level of Political Activity Allowed under Internal
Revenue Code.
H.R. 277 (Jones, NC)
H.R. 355 (Jones, NC)
Issue Advocacy (Soft Money)
Communications that promote political issues, even if the messages refer to
candidates or are made during an election period, are labeled “issue advocacy” if they
avoid using specific election advocacy language (e.g., “elect Jones” or “defeat
Smith”). By contrast, communications that explicitly promote the election or defeat
of clearly identified candidates are called “express advocacy” and are regulated by
federal election law. Since the courts have generally construed “express advocacy”
communications in a narrow sense (i.e., using explicit phrases), communications that
may be widely perceived as constituting thinly-veiled election activity may thus avoid
federal disclosure and source regulations.
The bills in this category offer standards for broadening the “express advocacy”
definition, so certain activities would be disclosed, and their sources limited, under
federal law. Some bills, as noted, require disclosure, but without triggering the source
limitations and prohibitions of federal election law.
An additional aspect treated in this section pertains to “political organizations”
defined under section 527 of the Internal Revenue Code. In light of reports that some
of these groups were engaged in issue advocacy, without any disclosure under either
the election or tax laws, Congress, in 2000, enacted P.L. 106-230, to require
disclosure through the IRS. Some proposals in the 107th Congress continue to
address activities by section 527 groups per se.
Broader Standard for Determining Express Advocacy
H.R. 151 (Petri) – discussions of a candidate’s qualifications, views, or fitness
for office, or as explicit requests to vote for or against a specified candidate
CRS-16
H.R. 380 (Shays-Meehan) – (1) using either explicit phrases, or words or
slogans that in context can have no other reasonable meaning than election
advocacy; (2) referring to a candidate in a paid radio or TV broadcast ad
that appears in affected state within 60 days of election (or, for President,
within 60 days, regardless of where ad appears); or (3) expressing
unmistakable, unambiguous election advocacy, when taken as a whole and
with limited reference to external events
Amend Expenditure to Include Communications Referring to
Federal Candidates
H.R. 380 (Shays-Meehan)
Exemptions from Express Advocacy Definition
Voter Guides.
H.R. 380 (Shays-Meehan)
Background Music.
H.R. 380 (Shays-Meehan)
Restrict Coordination of Party Issue Ads with Candidates
H.R. 380 (Shays-Meehan) – publicly funded presidential candidates
Require Disclosure by Spender
H.R. 1080 (Linder) – to FEC, for all public communications by unions,
corporations, and non-profit organizations that mention a federal candidate
within 90 days of election
H.R. 1150 (Hutchinson) – to House Clerk or Secretary of Senate, for amounts
spent on broadcasts referring to federal candidates, above dollar thresholds
Require Disclosure via Broadcaster
H.R. 1039 (Terry) – through public inspection files
Exempt State/Local 527 Groups from IRS Disclosure
H.R. 527 (Vitter)
Spending Limits and Public Benefits
Bills in this category would offer: (1) campaign spending limits for House or
Senate candidates on overall campaign or candidate personal spending (or advertising
CRS-17
time restrictions); (2) public, cost-saving benefits to candidates; or (3) both. They are
grouped together because many bills embody both concepts, largely because a
voluntary system of limits with conditional benefits has been a major response to the
Buckley v. Valeo ruling [424 U.S. 1 (1976)] which overturned mandatory limits. This
grouping should not be construed as an inherent linkage between the two ideas; there
are very distinct principles behind spending limits and public benefits (or financing).
Options among spending limit bills include voluntary limits, in response to
Buckley, with or without participation inducements through public benefits;
mandatory limits, through a statute designed to overturn Buckley or a constitutional
amendment; and “benefits only” provisions without requiring adherence to limits.
Mandatory Limits through Constitutional Amendment
H.J.Res. 2 (Dingell)
FEC (Enforcement & Disclosure)
These bills contain provisions aimed at improving FEC enforcement of election
law and requirements for disclosure (supervised by the FEC).
Enforcement
Increase Penalties for Violations.
H.R. 380 (Shays-Meehan)
H.R. 1039 (Terry) – through retroactive indexing
Allow Random Audits.
H.R. 380 (Shays-Meehan)
Eliminate Ex Officio Officers.
H.R. 1150 (Hutchinson)
Expedite Enforcement Proceedings.
H.R. 380 (Shays-Meehan)
Allow Referrals to Attorney General at Any Time.
H.R. 380 (Shays-Meehan)
Add Procedures and Penalties for Minor Violations.
H.R. 380 (Shays-Meehan)
H.R. 1150 (Hutchinson) – make new administrative fine schedule permanent
CRS-18
Allow Subpoenas and Notifications Without Chair’s Signature.
H.R. 1150 (Hutchinson)
Allow Written Responses if Law is Unambiguous, with “Safe
Harbor” Protection.
H.R. 1150 (Hutchinson)
Provide for Equitable Remedies in Conciliation Agreements.
H.R. 380 (Shays-Meehan)
Change Enforcement Initiation Standard.
H.R. 380 (Shays-Meehan) – to “reason to investigate”
H.R. 1150 (Hutchinson) – to “reason to investigate”
Allow Justice Department to Initiate Criminal Actions.
H.R. 380 (Shays-Meehan)
Allow Candidates to Seek Civil Action if FEC Doesn’t Act
Expeditiously.
H.R. 380 (Shays-Meehan)
Require Returned Contributions to be Placed in Escrow Account.
H.R. 380 (Shays-Meehan)
H.R. 1150 (Hutchinson)
Changes Name of FEC.
H.R. 1444 (Doolittle) – to Federal Campaign Regulation Commission
Disclosure
Electronic Filling.
Require by All Committees.
H.R. 1444 (Doolittle)
Require Free, Standardized Software.
H.R. 1150 (Hutchinson)
CRS-19
Require Internet Posting by FEC.
H.R. 1039 (Terry) – all reports within 24 hours
H.R. 1444 (Doolittle) – within 24 hours
Expedited or Increased Disclosure.
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
H.R. 1444 (Doolittle) – 24 hour notice of contributions in last 90 days
Remove “Best Efforts” Exemption.
H.R. 380 (Shays-Meehan) – for candidates
H.R. 1444 (Doolittle)
Lower Reporting Threshold for Itemization.
H.R. 380 (Shays-Meehan)
Require All Reports to be Filed at FEC.
H.R. 1039 (Terry) – including Senate candidates
H.R. 1150 (Hutchinson) – including Senate candidates
Require Disclosure of Phone Bank/Push Poll Costs.
H.R. 150 (Petri)
H.R. 151 (Petri)
H.R. 283 (Maloney, NY)
Require Candidate Reports to Aggregate by Local Residents.
H.R. 151 (Petri)
Advertising Issues
Bills in this category would change terms under which candidates communicate
their messages, including rates charged and identification (disclaimer) required.
Augment Identification (Disclaimer) Requirements
H.R. 380 (Shays-Meehan)
Identification Requirement for Push Polls/Phone Banks
H.R. 150 (Petri)
H.R. 151 (Petri)
CRS-20
H.R. 283 (Maloney, NY)
H.R. 365 (Moore)
Require Candidate Appearance in Ads Referring to Opponent
H.R. 156 (Price, NC)
Foreign Nationals
Federal law prohibits foreign nationals from directly or indirectly making
contributions in any U.S. election, but exempts permanent resident aliens, those with
“green cards.” These bills would further restrict the role of foreign nationals. Some
refer to “non-citizens;” some make broader reference to persons not eligible to
register to vote in U.S. elections (foreign nationals, convicted felons, and minors.)
Prohibit Contributions or Expenditures by Non-Citizens
H.R. 35 (Bereuter) – removes permanent resident alien exemption
Prohibit Foreign National Contributions or Their Solicitation
H.R. 380 (Shays-Meehan) – including soft money
Clearinghouse to Coordinate Foreign Lobbying/Election
Disclosure
H.R. 380 (Shays-Meehan)
Prohibit Soft Money from Foreign Nationals
H.R. 380 (Shays-Meehan)
H.R. 1019 (Burton) – donations to parties and independent expenditures
Guarantee All Eligible Voters’ Right to Participate/Contribute
H.R. 380 (Shays-Meehan)
Clarify that U.S. Nationals Are Not Affected by Foreign
National Ban
H.R. 380 (Shays-Meehan)
H.R. 1447 (Faleomavega)
Increase Penalties for Violations
H.R. 380 (Shays-Meehan)
CRS-21
Provide for Expulsion of Members in Violation
H.R. 380 (Shays-Meehan) – under House Rules
Prohibit Use of “Willful Blindness” Defense
H.R. 380 (Shays-Meehan)
Miscellaneous
Create Study Commission to Recommend Reforms
H.R. 380 (Shays-Meehan)
Prohibit/Restrict Bundling
H.R. 151 (Petri) – by PACs and lobbyists
H.R. 1445 (English)
Presidential Elections
Abolish Public Funding System.
H.R. 27 (Bartlett) – for nominating conventions only
H.R. 151 (Petri)
H.R. 191 (Stump)
H.R. 1444 (Doolittle)
Require Pledge To Raise No Soft Money for Election.
H.R. 380 (Shays-Meehan)
Add Fines on Candidates Raising Private Funds/Evading Limits.
H.R. 380 (Shays-Meehan)
Regulation of Fundraising on Government Property
Broaden Ban to Include Soft Money.
H.R. 380 (Shays-Meehan)
H.R. 1039 (Terry)
H.R. 1150 (Hutchinson)
Presidential and Vice Presidential Property.
H.R. 380 (Shays-Meehan) – White House meals and accommodations
CRS-22
Air Force/Marine One and Two.
H.R. 380 (Shays-Meehan) – restricts use; party to reimburse at fair market
charter value
Full-Cost Reimbursement for Political Travel of Non-Officeholders.
H.R. 380 (Shays-Meehan)
Clarify “Controlling Legal Authority” Prohibition.
H.R. 380 (Shays-Meehan)
Disclosure on Use of Government Aircraft in Campaigns.
H.R. 380 (Shays-Meehan)
Lengthen Pre-election Ban on Franked Mass Mailings
H.R. 380 (Shays-Meehan)
Strengthen Ban on Contributions in Name of Another
H.R. 1019 (Burton)
Restrict/Prohibit Minors’ Contributions
H.R. 380 (Shays-Meehan)
Prohibit Acceptance of Cash Contributions
H.R. 1150 (Hutchinson) – over $100
Prohibit False Representation in Fundraising
H.R. 380 (Shays-Meehan)
Restrict or Require Use of Candidates’ Names
H.R. 380 (Shays-Meehan)
Combat Voter Fraud and Election Day Abuses
H.R. 380 (Shays-Meehan) – ban “walking around money”
Statement of Findings
H.R. 1444 (Doolittle) – regarding impact of regulation of campaign financing
CRS-23
Chapter III. House Bill Summaries:
Numerical Order
H.R. 27 (Bartlett)—Political Convention Reform Act of 2001
Miscellaneous.
conventions.
Repeals public funding of presidential nominating
Introduced Jan. 3, 2001; referred to Committee on House Administration.
H.R. 35 (Bereuter)— Illegal Foreign Contributions Prohibition Act of 2001
Foreign. Prohibits contributions or expenditures by non-citizens in connection
with any U.S. election and by anyone who is neither a U.S. citizen nor national in
connection with federal elections (ends permanent resident alien exemption for federal
elections).
Introduced Jan. 3, 2001; referred to Committee on House Administration.
H.R. 150 (Petri)
FEC. Requires disclosure by sponsors of push polls whose results are not public,
including cost, funding sources, number of households contacted, and questions
asked.
Advertising. Requires identification of all push poll sponsors to respondents.
Introduced Jan. 3, 2001; referred to Committee on House Administration.
H.R. 151 (Petri)
Individuals (Hard Money). Establishes a 50% tax credit for contributions
to newsletter funds and to candidates, parties, and political committees or
organizations seeking to influence federal, state, and local elections, up to $100 a year
($200 on joint returns).
PACs (Hard Money). Lowers PAC contribution limit to $2,000.
Candidates (Hard Money). Removes limits on party contributions to House
general election candidates whose opponents spend between $1,000 and $150,000 in
personal funds, to extent of opponents’ expenditure; removes limits on individual
contributions and, in the general election, on party contributions, to all candidates in
House races if any candidate’s personal spending exceeds $150,000, up to the amount
of that candidate’s expenditure.
In-state/-district (Hard Money). Requires majority of House and Senate
campaign funds from state residents.
CRS-24
Issue Advocacy (Soft Money). Defines “expressly advocating” as
discussions of a candidate’s qualifications, views, or fitness for office, or as explicit
requests to vote for or against a specified candidate.
FEC. Requires disclosure by sponsors of push polls whose results are not public,
including cost, funding sources, number of households contacted, and questions
asked; requires candidates to aggregate contributions by local residents.
Advertising. Requires identification of all push poll sponsors to respondents.
Miscellaneous. Abolishes presidential election public funding system;
prohibits PACs and lobbyists from being intermediaries or conduits of contributions
to federal candidates.
Introduced Jan. 3, 2001; jointly referred to Committees on House Administration
and Ways and Means.
H.R. 156 (Price, NC)—Stand by Your Ad Act
Advertising. Augments disclaimer requirements, to include statements of
responsibility by candidates in candidate ads and of sponsorship and intent in noncandidate ads, to comprise at least 10% of space in print ads, to be spoken before
camera or with voice-over photo in TV ads (full-screen), and be spoken in radio ads.
Introduced Jan. 3, 2001; referred to Committee on House Administration.
H.R. 191 (Stump)
Miscellaneous. Repeals public funding of presidential elections.
Introduced Jan. 3, 2001; referred to Committee on Ways and Means.
H.R. 277 (Jones, NC)
Soft Money: Non-Party. Permits 501(c) tax-exempt organizations to
participate in political campaigns, within prescribed limits for political and lobbying
activity spending; establishes a level of such spending beyond which the organization
would be subject to taxation (depending upon the size of its budget) and a ceiling on
such spending, beyond which the organization would lose its tax-exempt status.
Introduced Jan. 30, 2001; referred to Committee on Ways and Means.
H.R. 283 (Maloney, NY)–Voters’ Right to Know Act of 2001
FEC. Regarding federal election phone banks: requires FEC disclosure of costs,
receipts, text of questions, and number of households contacted.
CRS-25
Advertising. Requires a disclaimer to identify the sponsor of federal election
phone bank communications.
Introduced Jan. 30, 2001; referred to Committee on House Administration.
H.R. 289 (Mink)
Soft Money: Party. Bans any soft money spending to influence federal
elections.
Introduced Jan. 30, 2001; referred to Committee on House Administration.
H.R. 355 (Jones, NC)—Nonprofit Political Speech Protection Act
Soft Money: Non-Party. Permits 501(c) tax-exempt organizations to
participate in political campaigns, within prescribed limits for political and lobbying
activity spending; establishes a level of such spending beyond which the organization
would be subject to taxation (depending upon the size of its budget) and a ceiling on
such spending, beyond which the organization would lose its tax-exempt status.
Introduced Jan. 31, 2001; referred to Committee on Ways and Means.
H.R. 365 (Moore)—Campaign Telemarketers Disclosure Act of 2001
Advertising. Requires sponsor identification in telephone calls which refer to
federal candidates during the last 30 days of a federal election (except if caller is not
compensated for making calls or if call’s primary purpose is commercial).
Introduced Jan. 31, 2001; referred to Committee on House Administration.
H.R. 380 (Shays-Meehan)—Bipartisan Campaign Finance Reform Act
of 2001
Individuals (Hard Money). Raises aggregate individual limit to $30,000 per
year; raises limit on individual contributions to state parties to $10,000 per year.
Candidates (Hard Money). Specifies permissible uses and bans personal use
of campaign funds; prohibits party coordinated expenditures on behalf of House or
Senate general election candidates not abiding by voluntary limit of $50,000 in
contributions and loans from personal and family funds (primary or general election).
Independent Expenditures (Hard Money). Defines independent
expenditure as containing express advocacy and made without coordination with a
candidate, agent, or person coordinating with candidate; requires 48 hour notice of
independent expenditures of $10,000 or more, up to 20 days before an election (and
24 hour notice of expenditures above $1,000 in last 20 days, same as currently);
prohibits parties from making both independent and coordinated expenditures for a
general election candidate; prohibits conciliation agreements in cases in which FEC
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has found probable cause of knowing and willful violations of independent
expenditure disclosure requirements.
Coordination (Hard and Soft Money).
! Amends contribution definition to include a coordinated activity, defined as
anything of value provided in connection with a federal candidate’s election by
anyone who in that election cycle has acted in coordination with that candidate
(or agent) in connection with his or her election, regardless of whether express
advocacy;
! coordinated activity includes payments: (1) in cooperation, consultation, or
concert with, or at request or suggestion of, or pursuant to an understanding
with, a candidate, his or her party, or an agent acting on behalf thereof; (2) for
production, dissemination, or republication of material prepared by candidate
or agent (excluding news stories and independent expenditures), except for
materials republished from candidate’s website at cost of less than $1,000; (3)
by a spender who in that election cycle has been an employee, fundraiser, or
agent of a candidate in executive or policymaking role, or has participated (on
a non-incidental basis) in discussions with candidate, agent, or party that is
coordinating with candidate, about campaign strategy and tactics (i.e.,
advertising, message, resource allocation, fundraising, and campaign
operations); or (4) by spender who has retained professional services of anyone
who in that election cycle has provided those services to the candidate, directly
or through his or her party, including for polling, media, fundraising, campaign
research, political advice, or direct mail (except for mailhouse services);
! declares any party expenditure for a communication referring to a clearly
identified candidate in connection with a federal election, regardless of whether
express advocacy, to have been made in coordination with that party’s
candidate, unless party certifies no coordination;
! deems a coordinated activity a contribution to or expenditure by a candidate.
Soft Money: Party.
! Prohibits national party committees from soliciting, receiving, directing,
transferring, or spending soft money, including an entity directly or indirectly
established, financed, maintained, or controlled by a national party committee
and an agent acting on behalf thereof;
! prohibits spending of soft money for a federal election activity by state and
local party committees, including an entity directly or indirectly established,
financed, maintained, or controlled by a state or local party committee and an
agent acting on behalf thereof, or controlled by and acting on behalf of one or
more state or local candidates or officials (permits principal campaign
committees of state or local candidates to raise and spend funds under state
law, but not for a federal election activity referring to a clearly identified
federal candidate);
! defines federal election activity to include: (1) voter registration drives in
last120 days of a federal election; (2) voter identification, get-out-the-vote
drives, and generic activity in connection with an election in which a federal
candidate is on the ballot; (3) public communications that refer to a clearly
identified federal candidate and promote, support, attack, or oppose a
CRS-27
candidate for that office (regardless of whether it expressly advocates a vote
for or against); and (4) services by a state or local party employee who spends
at least 25% of paid time in a month on activities in connection with a federal
election;
! public communications defined as communications by broadcast, cable,
satellite, newspaper, magazine, outdoor advertising, mass mailing (over 500
identical or substantially similar pieces mailed within 30 days of each other),
or phone bank (over 500 identical or substantially similar calls made within 30
days of each other);
! allows state parties to spend money on activities exclusively devoted to nonfederal elections;
! prohibits party committees from using soft money to raise funds for use at least
in part on federal election activities;
! prohibits party committees or agents from raising money for, or giving to,
501(c) or 527 tax-exempt organizations;
! prohibits federal candidates, officeholders, agents, or entities directly or
indirectly established, maintained, financed, or controlled by them from raising
soft money in connection with a federal election (including any federal election
activity) or money from sources beyond federal limits and prohibitions in nonfederal elections;
! requires disclosure by national parties of all activity (federal and non-federal)
and by state and local parties of federal election activities;
! ends building fund exemption.
Soft Money: Non-Party. Requires unions, corporations, and other groups
or entities—other than party committees or religious organizations—to disclose all
exempt activities (but only internal communications referring to federal candidates),
once $50,000 has been spent; requires unions to give reasonable notice to dues-paying
non-members of rights to disallow political use of their funds and to establish and
implement an objection procedure regarding such payments.
Issue Advocacy (Soft Money).
! Defines “express advocacy” communications as advocating election or defeat
of a candidate by: (1) using either explicit phrases, or words or slogans that in
context can have no other reasonable meaning than election advocacy; (2)
referring to a candidate in a paid radio or TV broadcast ad that appears in
affected state within 60 days of election (or, for President, within 60 days,
regardless of where ad appears); or (3) expressing unmistakable, unambiguous
election advocacy, when taken as a whole and with limited reference to
external events;
! exempts, from definition, printed or Internet voting guides and records about
at least one candidate, which: (1) taken as a whole do not express
unambiguous support for candidates (but may include words of agreement or
disagreement with candidate positions); (2) are not coordinated with a
candidate or party (but allowing questions to candidates and their responses,
for the guides); and (3) contain no words or phrases that in context have no
reasonable meaning other than election advocacy;
! excludes background music (but not lyrics) from determinations of whether an
ad constitutes express advocacy;
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! amends expenditure definition to include payment for communications
referring to clearly identified candidates, for purpose of federal election
influence (regardless of whether it constitutes express advocacy);
! prohibits publicly-funded presidential candidates from coordinating soft money
issue advocacy (as defined) with parties.
FEC.
! Allows random audits of campaigns within 12 months after election;
! increases civil penalties for violations, adds automatic penalties for late filing
(requiring that penalty schedule enacted in 2000 be taken into account), and
provides for equitable remedies in conciliation agreements;
! expedites enforcement procedures in cases where there is clear and convincing
evidence that a violation has occurred, is occurring, or is about to occur;
! allows FEC to refer suspected violations to Attorney General at any time;
! changes standard to begin enforcement proceedings to “reason to investigate”
standard;
! increases criminal penalties for knowing and willful violations of contribution
and expenditure limits to mandatory prison term of one to 10 years;
! allows Justice Department to bring criminal actions at any time, without
waiting for FEC referral;
! allows candidates to institute civil actions for suspected violations in last 90
days of election, with expedited court review;
! provides that contributions over $500 that a committee intends to return (after
a specified period) be placed in an FEC escrow account, pending investigation
of possible violations, with money used toward fines, penalties, and
investigation costs, and contributions returned if no reason to investigate
possible violation is found within 180 days of deposit;
! prohibits candidates from depositing contributions over $200 unless required
itemized information is complete;
! lowers threshold for itemizing contributions to $50 (to include only name and
address).
Advertising. Amends disclaimer requirements to make them more prominent
and visible.
Foreign. Bans direct or indirect contributions from foreign nationals (including
soft money), or their solicitation or receipt, or any promise to make such donations,
in connection with any U.S. election or to a national party committee (but retains
permanent resident alien exemption); clarifies that ban does not apply to U.S.
nationals; ensures all eligible voters equal rights to contribute and spend money in
federal elections, including through a PAC set up by their union or corporate
employer; denies “willful blindness” as a defense against charge of violating foreign
national fundraising ban, if recipient should have known that contribution was from
foreign national; mandates penalties for violating foreign national ban of up to 10
years prison, $1 million fine, or both; requires House Ethics Committee to report and
make a recommendation (including a privileged motion for possible expulsion)
regarding Member convicted of violating foreign national ban; creates FEC
clearinghouse of information on political and lobbying activities of foreign principals
and agents.
CRS-29
Miscellaneous.
! Creates temporary commission to propose federal campaign finance reforms,
to be considered by Congress under fast-track procedures;
! bans false representation to raise funds;
! requires candidate name in any authorized committee name and bans noncandidate committee use of candidate name;
! bans franked mass mailings within 180 days of Member’s general and 90 days
of primary election;
! bans contributions by minors to candidates or parties;
! bans solicitation or receipt of contributions, including soft money, by federal
officials and from anyone, in any federal government building used to discharge
official duties;
! requires fines of up to $1 million, up to three years in prison, or both, on
publicly-funded presidential and vice presidential candidates who seek to evade
spending limits by additional fundraising from private sources;
! requires publicly-funded candidates to certify that they will not raise soft
money to benefit their elections;
! bans use of White House meals or accommodations for political fundraising;
! expresses sense of Congress that “controlling legal authority” prohibits use of
federal property to raise campaign funds;
! prohibits acceptance or solicitation of anything of value to obtain access to Air
Force One or Two, Marine One or Two, White House, or Vice President’s
residence;
! requires national party to reimburse Treasury at fair market charter rate for use
of Air Force One to raise money for party;
! requires federal candidates (not holding federal office) who use federal
government vehicles for campaign purposes to reimburse Treasury at full cost;
! requires Internet disclosure of non-government passengers on Air Force One
or Two within 30 days (or disclosure to leaders of Select Intelligence
Committee if national security concerns);
! bans political committees’ providing currency to encourage voter turnout
(“walking around money”);
! if any provision of Act or statute is held unconstitutional, remainder of Act or
statute will be unaffected.
Introduced Jan. 31, 2001; jointly referred to Committees on House
Administration, Education and the Workforce, Government Reform, Judiciary, Ways
and Means, and Rules.
H.R. 449 (Gilchrest)
PACs (Hard Money). Bans (multicandidate) PAC contributions to federal
candidates.
Introduced Feb. 6, 2001; referred to Committee on House Administration.
CRS-30
H.R. 450 (Gilchrest)
In-state/-district (Hard Money).
contributions from non-resident individuals.
Bans House candidate receipt of
Introduced Feb. 6, 2001; referred to Committee on House Administration.
H.R. 527 (Vitter)
Issue Advocacy (Soft Money). Exempts state and local political
organizations which disclose financial activity under state laws from notification and
reporting requirements under P.L. 106-230 (mandating disclosure by 527
organizations).
Introduced Feb. 8, 2001; referred to Committee on Ways and Means.
H.R. 1019 (Burton)—Conduit Contribution Prevention Act of 2001
Foreign. Prohibits foreign nationals from donating soft money to political
parties or for independent expenditures.
Miscellaneous. Increases civil and criminal penalties for knowing and willful
violations of prohibition on contributions in the name of another, with mandatory
referral to Attorney General if FEC finds probable cause violation has occurred.
Introduced Mar. 14, 2001; referred to Committee on House Administration.
H.R. 1039 (Terry)—Open and Accountable Campaign Financing Act of
2001
Individuals (Hard Money). Raises limit on contributions to candidates to
$3,000 per election; raises limit on contributions to national party committees to
$60,000 per year; raises limit on contributions to PACs/other committees to $15,000
per year; raises annual aggregate contribution limit to $75,000; indexes limits for
inflation, as of 2003.
PACs (Hard Money). Raises limit on contributions to candidates to $7,500
per election; raises limit on contributions to national party committees to $30,000 per
year; raises limit on contributions to other PACs/committees to $7,500 per year;
indexes limits for inflation, as of 2003; allows unlimited number of annual solicitations
by trade associations to member corporations’ restricted classes; expands definition
of administrative and executive personnel in a corporation’s restricted class.
Parties (Hard Money). Raises limit on contributions to candidates to $7,500
per election or, for national party committees, a total of $15,000 per election; raises
limit on contributions to PACs/other committees to $7,500 per year; raises special
limit on combined contributions to Senate candidates from national and senatorial
party committees to $90,000 (in general election year); indexes limits for inflation, as
of 2003.
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Soft Money: Party. Imposes a $90,000 annual limit on receipt of soft money
by a national party committee (or an entity it directly or indirectly establishes,
maintains, finances, or controls) from any individual or entity; imposes a $90,000
annual limit on soft money donations by any individual or entity to all national party
committees; indexes limit, based on 2001; makes limit contingent upon satisfactory
Supreme Court review; codifies FEC regulations requiring disclosure of national party
soft money receipts and disbursements.
Issue Advocacy (Soft Money). Requires broadcasters to maintain and
make available for public inspection records of broadcast time requests by candidates
or by other entities whose message relates to a political matter of national importance,
including about a legally qualified candidate, a federal election, or a legislative issue
of public importance; records must include: whether request was accepted; rate
charged; date and time message aired; class of time purchased; identification of
candidate and office, election, or issue referred to; and identity of purchaser (including
officers of any non-candidate entity).
FEC. Indexes penalty amounts, retroactive to years in which they were set;
requires candidates to file monthly reports in election years and quarterly reports in
non-election years; requires national party committees to file monthly reports in all
years; requires FEC to post disclosed information on Internet within 24 hours of
receipt; requires Senate candidates to file reports directly with FEC.
Miscellaneous. Adds party soft money to ban on solicitation of political
donations from federal government property.
Introduced Mar. 15, 2001; jointly referred to Committees on House
Administration, Judiciary, and Energy and Commerce.
.
H.R. 1080 (Linder)–Federal Election Reform Act of 2001
Soft Money: Party. Prohibits national party committees from soliciting,
receiving, spending, or directing soft money.
Soft Money: Non-Party. Removes exemptions for corporate and union
treasury political spending aimed at their restricted classes; requires disclosure by
corporations, unions, and non-profit organizations of all spending or transfers for
activities in connection with federal elections (including for public communications
that mention a federal candidate within 90 days of an election).
Issue Advocacy. Requires disclosure by corporations, unions, and non-profit
organizations of all spending or transfers for activities in connection with federal
elections, including for public communications that mention a federal candidate within
90 days of an election.
Introduced Mar. 15, 2001; referred to Committee on House Administration.
CRS-32
H.R. 1150 (Hutchinson)—Campaign Integrity Act of 2001
Individuals (Hard Money). Raises limit on contributions to candidates to
$3,000 per candidate, per election; raises limit on contributions to national party
committees to $60,000 per year; raises aggregate annual limit to $100,000; indexes
limits, as of 2003.
PACs (Hard Money). Raises limit on contributions to candidates to $7,500
per candidate, per election; raises limit on contributions to national parties to $45,000
per year; raises limit on contributions to other PACs to $7,500 per year; indexes
contribution limits, as of 2003; broadens prohibition against force and reprisals by
separate segregated funds.
Parties (Hard Money). Raises limit on contributions by national parties to
$15,000 per candidate, per election; repeals coordinated expenditure limits; indexes
contribution limits, as of 2003.
Soft Money: Party. Prohibits national party committees from raising,
soliciting, directing, or spending soft money; prohibits federal candidates/officeholders
from raising soft money in connection with a federal election, money from sources
beyond federal limits and prohibitions in non-federal elections, or soft money in
connection with, or for a communication that identifies, a federal candidate (exempts
home-state party fundraiser attendance); bans inter-state party transfers of non-federal
funds.
Soft Money: Non-Party. Requires unions to give reasonable notice to duespaying non-members of rights to disallow use of their funds for non-collective
bargaining purposes and to provide relevant ratios of spending by union; creates
objection procedures, imposes penalties for violations, and establishes procedures for
civil action by employees.
Issue Advocacy. Requires disclosure (to Clerk of House or Secretary of
Senate) of broadcast communications referring to federal candidates—by name,
representation, or likeness, including amount spent and identification of spender, once
spending exceeds $25,000 a year for one or $100,000 for all federal candidates.
FEC.
! Changes standard for initiating action from “reason to believe” to “reason to
seek additional information” regarding possible violations;
! requires FEC to issue written responses to questions where the law is clear and
unambiguous;
! applies “safe harbor” protection for anyone acting in good faith, relying on
written response;
! requires FEC to publish requests and responses and to compile an index
thereof;
! requires standard form for complaints, and requires clear statement by FEC
that any complaint filed is under investigation and has not been verified or
proven;
CRS-33
! provides that contributions over $500 that a committee intends to return (after
90 days of receipt) be placed in an FEC escrow account, pending investigation
of possible violations, with money used toward fines, penalties, and
investigation costs and contributions returned if no reason to believe a
violation occurred is found within 180 days of deposit;
! makes permanent new FEC administrative fine schedule for minor reporting
violations;
! allows issuance of subpoenas and notifications of intent to seek additional
information, with signature of any member of FEC;
! abolishes ex officio FEC membership of House Clerk and Secretary of Senate;
! requires monthly disclosure by candidate committees in all years and by
committees in election years;
! requires FEC to provide free, standardized software to those filing reports
electronically;
! requires Senate candidates to file reports directly with FEC.
Miscellaneous. Prohibits solicitation or acceptance in federal buildings of
contributions or donations (including of soft money) in connection with an election
to federal office, any political committee, or any party committee; prohibits
acceptance of cash contributions of over $100.
Introduced Mar. 21, 2001; jointly referred to Committees on House
Administration, Education and the Workforce, and Judiciary.
H.R. 1444 (Doolittle)—Citizen Legislature and Political Freedom Act
Individuals. Abolishes all contribution limits, after 2002.
PACs. Abolishes all contribution limits, after 2002.
Parties. Abolishes all contribution limits, after 2002.
Soft Money: Party. Requires disclosure of all national party transfers of funds
to state and local parties; requires state and local parties to file copies with the FEC
of any disclosure reports required under state law.
Soft Money: Non-Party. Prohibits unions from using dues or agency fees for
political activity, as defined, without prior, written authorization from all workers.
FEC. Changes name of FEC to Federal Campaign Regulation Commission;
requires electronic filing of reports by all committees; requires posting of information
within 24 hours on Internet; requires all committees to notify FEC within 24 hours of
all donations in last 90 days of election; revokes “best efforts” exemption for
identifying contributors of over $200 in a year.
Miscellaneous. Terminates presidential public funding system; states a series
of Findings which attribute contemporary problems with campaign financing to the
effects of government regulation.
CRS-34
Introduced Apr. 4, 2001; jointly referred to Committees on House
Administration, and Ways and Means.
H.R. 1445 (English)
Individuals (Hard Money). Requires that at least 50% of House and Senate
campaign contributions come from individuals.
In-state. Requires that at least 50% of House and Senate campaign
contributions come from residents of that district or state, respectively.
Miscellaneous. Prohibits bundling of contributions (i.e., those made through
intermediaries or conduits).
Introduced Apr. 4, 2001; referred to Committee on House Administration.
H.R. 1447 (Faleomavega)
Foreign. Clarifies that U.S. nationals have the right to contribute money in
U.S. elections.
Introduced Apr. 4, 2001; referred to Committee on House Administration.
H.J.Res. 2 (Dingell)
Spending/Benefits (Hard Money). Proposed constitutional amendment to
give Congress authority to limit expenditures in federal elections.
H.J.Res. 4 (Leach)
Candidates (Hard Money). Proposed constitutional amendment to give
Congress and the states the power to regulate the amounts of expenditures candidates
may make from personal and immediate family funds, including personal loans.
CRS-35
Index by Lead Sponsor
Bartlett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 27
Bereuter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 35
Burton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1019
Dingell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.J.Res. 2
Doolittle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1444
English . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1445
Faleomavega . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1447
Gilchrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 449; H.R. 450
Hutchinson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1150
Jones, NC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 277; H.R. 355
Leach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.J.Res. 4
Linder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1080
Maloney, NY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 283
Mink . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 289
Moore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 365
Petri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 150; H.R. 151
Price, NC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 156
Shays-Meehan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 380
Stump . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 191
Terry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 1039
Vitter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H.R. 527
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.