Campaign Finance Debate in the House: Substitute No. 13 (ShaysMeehan) and Non-Germane Amendments

98-562 GOV Updated December 29, 1998 CRS Report fbr Congress Campaign Finance Debate in the House: Substitute No. 13 (ShaysA'VLeehan)arid Non-Germane Amendments Joseph E. Cantor Specialist in American National Government Government Division Summary H. Rcs. 4 2 ,rcportcd on May20, 1998 (H.Rcpt. '05-545) and pas.& hy the House May 21. ~nadein order for consideration H.R. 2 183 (HutchinsodAllenFthe freshman bipartisancampaign refom1 bill-and I i substitute amendments. The second substitute made ui order was no. 13 (Shaydvieehan). A subsequent rule-H.Res. 458, reported on June 4 (H.Repi. 105-567) and passed on June 18. made in order additional, pre-filed, non-germane arr.endments to the substitutes, with 24 of these to ShaysiMeelm (and with other germane amendments anticipated). Debate on ShaysiMeehan began on June 18, hut a July I? unanimous conscnt agrccmncnt supcrccdcd HRcs. 458 by spccifiing amendments that alone would he in order to ShaysIMeehan. Only three of ihe 24 amnend~nentsunder t l ~ en ~ l ecame to floor votes. (Shays%feehan, as amended, passed the House on August 3 by 237-1 86: follovved by passage of H.R. 21 83, as thus amended. on August 6 by 252-i79.)' This report offers a sumnary of Slnys/hileellan and the 24 nongermane amendments under H.Res. 458, arranged by category' and shown with all substitutes to u4uch each was to be offered (and any floor votes on those amendments). ' Amendment No. 13 (ShapfiIeehan): ' The 11 substitutes, in order of consideration, were: 16-White; 13-Shays; 1-Bass; 7-Far? 14Siiowbrger; 44bq;2-CampbeIl; I 5-Tiern?; 12-Schaffer (CO): 5-Doolittle; and 8-Hutchinson. Congre,~,~io~m/ Record. daily editicii, vol. 144. Aux. 3: 1998, pp. H6937-H6948; and Aug. 6: 1998. pp. H7298-H7330. For comii(,arisciis of the substiluks, sce: U.S. Libran of Congress, Coligressio~~al Research Service. Cnrnpiiigi Fii~ni~ce Dehnre in h e Hozrre: Srib.rrirure Amei~dmennro H.R. 2183 (!O5" Congres.rj. by Joseph E. Cantor, CRS Rq~ort98-494 GOV (Washington:June 10, 1998). m e categorig are: LitnitsBenefits; PACs; hdnlduals; Partie; Candidate; In-State; Independent Expenditures; Sofi Money; Issue Advocaq; Bundling; Foreign; Sold: Comnmission; FEC (Disclmure and Eiformiient); Advertising; and Miscellaiecus. From: U.S. Library of Congress. Cnigressiaial Research Service, Cnnynipn finnnce Legiihrion in 1!7e105 Cnngrer~,by Joseph E. Cantor. CRS Rq:ort 97-324 GOV (Wasliingto~i:Nov. 5: IYYX! " Tndividuals. Would raise agregate individual limit to $30,00C per year. Would raise limit on individual contributions to state parties to $i0;000 per year. Candidates. Would spccifii pcnnissihlc uscs and prohibit personal usc of campaign h d s . Would prohibit a party frorn mnakilg coordinated expenditures on bellalf of a House general electio~lcandidate who does not abide by a voluntary limit of $50,000 in total cootrihuiions and loans from personal and immediate family filnds (in the primary or general election). Tndcpcndcnt Expenditures. Would dcfi~lc"indcpcndcnt cxpcnditurc" to contain express advocacy that is not coordinated aith a candidate, agent, or someone coordinatin_e with candidate. Would increase disclosure. Would ban parties from making both independent and coordinated expenditures for general election candidate. Would amend definition o f "contribution" to includc anything of value provided in coordination rviih a candidate to influence federd election, regardless ofwhether it contains express advocacy. Would define "provided in coordination rvith a candidate" to include payments made (1) in cooperation or consultation rvith or at the request or suggestion of a candidate; (2) usin_ecandidate-prepared materials; (3) based on intonnation provided by a candidate's caiipaipn for purposes ofexpenditure; (4) by a spender wlm during that election cycle has raised k n d s or acted in some oficial position for a candidate, (5) by a spender who has used the same consultants as an affected candidate during an election cycle; (6) in coordi~latio~i with a candidate to influence an election regardless of whether the message contains cxprcss advocacy; (7) in conur.unication about campaign plans; or (8) for in-kind professio~ialservices. W o ~ ~ render ld such p~ymetitsor communications in coordilutiotl with a candidate as contributions o r expenditures under federal l a w Soft Money. Would ban national party conunittees from soliciti~igreceiving, directing, or spendiuig soft money. Would ban state and local party co~lunitteesfrom spcnding soft moncy for fcdcral clcction activity. including: (1) votcr registration drivcs in last 120 days o f a federal election: (2) voter identification, get-out-the-vote drives_ and eeneric activity in connectloll with an election in which a federal candidate is on the ballot; and (3) co~n~nu~lications that refer to a clearly identified federal candidate with the intent of influencing an election. CVould allow state parties to spend soft money on specific activities exclusively devoted to imn-federal elections. Would ban party committees from using soft money to raise hnds. Would ban party corn~nitteesfiom raising money for or giving to tax-cxcmpt Would han fdcral candidatcsioficcholdcrs from raising soft money for a federal election activity. Would increase party soft moncy disclosure require~nents. Would end tlie building fi~ndexelnption from the "contribution" definition. Would require unions, corporations. and national banks to disclose promptly all exempt activities (but only internal co~nmu~ucations refemng to federal candidates) once the tllred~oldlevel is reached. Would require unions to give reasonable notice to dues-paying no~i-mcmbcrsof rights to disallow political usc oftheir filnds (i.e., codifv Beck). Issue Advocacy. Would define "exprcss advocac);' communications as advocating the election or defeat o f a carididate by (1) using explicit pluases or words or slogans that in context can have no reasonable meaning other than election advocacy; (2) referring to a candidate in apaid radio or TV broadcast ad tllai appears in the affected state witbin 60 days of an election (or. for the President/Vice President, within 60 days ofthe general electio~\regardless of where ad appears); or (3) expressing unmistakable, unambiguous election advocacy when taken as a whole and \vith limited reference to external events. Would exempt h m tl~eexpress advocacy definition educational voter guides alld records t h t cover at least two candidates, contain no express advocacy, and are not coordi~lated with a candidate or party. Would arnend ilie expenditure definition to includc payments for coln~nunications(I) that contain express advocacv; or ( 2 ) that refer to a clearly identified candidate. in coordillation with a candidate, agent, or party. for the purpose of i~fflua~cing a federal electio~~ whether or not the message contains express advocacy. Forcip. Would biu~dircct or uidircct contributions, including soft money, by forcign llatiorlals to a candidate; p a 3or co~runitteein connection with any election (retains green card exemption), Federal Election Commission (FEC). Would require electronic filing of disclosure reports by any colnmittee exceeding a threshold level offinancial activity, Would require FEC to post disclosure information on the Internet within 24 hours of receipt. Wocld prohibit candidatcs from depositing contributio~~s ovcr $200 unlcss rcquircd itclnizcd infori~latio~~ is complete. Would allow random audits of campaigns withi11 12 months after an election. Would lower threshoid for itemizing contributions to $50. Would increase penalties for violations, add automatic penalties for late filing, and provide for equitable remedies in conciliation agreements. Would expedite enforcement procedures. Would allou. FEC to refer suspected violations to Attorney General at any time. Would reduce standard to begin enforcement proceedi~lgs. Advertising. Would augment ad disclaimer requirements. Miscellaneous. Would prohibit false representation to raise funds. Would restrict noii-candidate colnmittee use of candidate names. Would ban h k e d mass mailings &tithin 180 days of a Mcmnbcr's ~cncralclcction and 90 days of a Mcmbcr's primary clcction. Would ban contributions by minors to candidates or parties. Would ban solicitation of contributions, including soft moncy, by fcdcral officials from govcmmcnt buildings uscd to discharge official duties. Tf any part of the act or its amendments is struck dou.1~the remainder of the act and its amendments would be u d e c i e d . Kaptur, no. 73. Tfany part of the act or its amendments is found unconstitutional, would provide for &-track consideration by Congess of a constitutional amendment to allow Congrcss and thc statcs to sct reasonable lilrlits on cxpenditurcs to support or oppose candidates for nomination or election to office, iAmenda Shaysl 458 would permit each amaldrnnt to be offered by the Member idmtified in the cmrnitta: report or by thai Member's designee. This reportidmtifies amendments by number (if used ill cornniiltee report) and by the Me:llber expected to offer the11 (as of June 18: 1998). "If.Res. Slaugliter. States eight findings on the role of television in elections and their fuuliciig. States sense oftlie Con-gess that broadcasters should give meallinfil amounts of kcc TV timc to fcdcral candidates for uncditcd segncnts of dircct apycals to votcrs. [Amends Bass. Caml~bell.Obey, Dnnlittle Hi~tchinsnn,Schaffer?Shays, Snnwbarger, Whitei Soft hloney (Non-Party) Miller (FL), no. 35. Would amend the Labor Management and Disclosure Act to change t l LM-2 ~ form so that unions must reprt financial activity each year to the Ofice of Labor and h i a ~ ~ g c m c Standards nt by f i ~ n c t i o dcatcgory (e.g., contract ncgotiations, political activities. lobbying and promotional activities). [Amends Shaysl Paxon. Would anend the Labor Management and Disclosure Act to change the LM2 fonn so that unions must report financial activity each year to the Ofice ofLabor and Manage~nentStandards by h~ictiollalcategory (, contract negotiations, political activities, lobbying and promotional activities), with itelriation of single sources or payees of at icut $1 0,000. Would rcquirc posting of rcports on the Tntcmct. [Amends B a s . Campbell, Obey, Farr, Hutchinson. Shays. lierneyl Smith (WA), no, 23. Would extend codificatioli ofBeck decision (in Sluys-hleehan) to include union mcmbcrs, as wcll as ducs-paying non-tncmbers (i.e., requirc that union members give prior approval before dues money may be used for political purposes). lAnnu~dsShaysl Thomas. Would prohihit political party officials from raising money for union elections or candidates (unless the party official is a union official as well). [Amentls Shaysl Foreign Kaptur, no. 71. Would prohibit cotitributio~lsor expenditures by PACs of corporations whose stock is more tllali 50% foreign-owned or controlled or of trade associations, membership organizations, cooperatives, or corporations without capital stock whose operating hiid is more than 50% supplied by foreign nationals or corporations. Would prolubit foreign nationals fio~iii~lvolvementin decisions about clcction contributions or cwpcnditurcs by PACs and othcrs Would crcatc FF.C clearingliouse of information regarding political activities of foreign principals and agents, i~icludinglobbying and electoral activities. [Amends Shaysl Traficant. Would amend House rules to make in order a highly privileged motion to expel a Member convicted ofviolating tile ban on howingly soliciting or receiving a foreiyi national's donation. [Amends all substitutai Study Commission Maloney, no. 10. Would establisli a ternporq commission to study campaign finance issues and reco~miiendchanges, based on goals of encouraging fair and open elections, eliminating disproportionate special interest election financing, and creating greater incunlbent<hallenger equity; commission would comprise 12 members appointed by the President within i5 days of enactment, including three names each from lists sub~nittodby the House Speaker and minority leader and the Senate majority and minority leaders (one of each three selected names must be a political independent, as defined), with otx: of tlx: 12 desigmtd as chairman by thc President; proposals must bc approvcd by at of the least nine men~bers,submitted (in le~slativefonn) withill 1 SO days of adjour~~melit i05Ih Congess, and considered under fast-track (base-closing) rules. [Amends Bass. Ca~npbell,Doolirtle, Hntchil~so~~, SchalTeel. Shays, Snonbarger. lierneyl A d k d t o .Tha]:s Mcehlur Lrl: a vote 0.325-78 (with I volii~g')reseirl'? a1 Jtri~e19, 199c?.C Fundraising on (or Using) Federal Property '! McTnnis no. 56. Would ban solicitatim or rcccipt of anything of valuc in cxchange for access to Air Force One or Two, Marine One or Two, the Wlute House, or the Vice President's residence. with penalties of fines, up to one year in prison or both. [Amends all sllbstinltej DeLay. no. 13. States six findings with regard to Vice President Gore's findraising from the White House in 1996: including that there was an apparent violation of federal law. States the sellse ofcongress that "colllrolling legal authority" bans the use of federal property for fundraising. [Amends Cam~)bell,Obey. Hatchinson, Shays. Tierneyl Mclntosli. Would alllend the Hatch Act to ban political activities by elnployees of local governments and non-gnvcrnmcnt cntitics rccciving fedcral funds. Would han political use of their facilities, vehicles. and eqcipment. [Amends all substitute] Sallnon. Would require Internet disclosure of 1io11-governmentpassengers on Air ForceOne o r Two witlun 30 days (or to the c l i n n a n and rallking member of the Select Committee on Intelligence if there are national security concerns). [Amen~l.ail silbstihltel AuYedlo S h a ~ Meehan s LLI! a voice Itole oil J Z ,30, ~ lYYR8 Wicker. 110.30. Would prohibit Wlute House meals or acconunodations in exchange for any money or anything of value to a pany or candidate. [Amends B a s . Campbell, Obey, Farr, H~~tchiason. Shays. lielse?l Added lo S/ma!aI/feehan by a vote oj'391-4 oil Jlrh: 20, 1998.9 Presidential Election Public Funding System. Doolittle. no. 74. Would terminate public finding of presidential elections, as of the end of 1998. [Amends Baw, Campbell. Farr, Hutchinson, Shays, Tiernc?] Xorthrup, no. 28. Would convert tax checkoff from a desi-m~ion of general revenues to a tax add-on, whereby the taxpayer contributes $3 (or $6 on a joint return) Shays. Tieme!.] from personal funds. [Amends Bass. Campbell, H~~tchinson. 'Corigre.r.rionn1Record. daily edition. vol. 144, Jun. 19. 1998. pp. H4862-H4865. ' Designee of Representative Cox. ' Cot!gre,~.~!onni Record. daily edition, vol. 144, Jul. 30. 7998: pp. H6790-H679I. ' Ibid.,Iul. 20: 1998, pp. H5929. Rights of Citizens and Voting Doolittlc, no. 61. Would a~ncndtllc Voting Rights Act to prohibit statcs from providing votulg materials (including ballots, registration and voting instructions, etc.) io any language but English. IAmencls Fan, Zcrncy, Shays, Obcy, Hutchinsnn. Bass, Campbclll Doolittle, no. 62. Would prolubit states from providing ballots for federal elections without an individual's verification of citi7enship. [Amends Fan; Zerney, Shays: Obcy, Hutchinson, Bass. Camj~bell] Goodlatte. Would anend the National Voter Registration . k t to repeal the state mail registraiion requirement, require social security number and proof of citizenship to ofresidence according to specified register, allow states to remove voter nalnes for clm~_ee criteria, allow statcs to rcquirc photo identification or signatures to votc, and rcpcal tllc requirement that states permit voting from a former address. [Amend all substitute1 Paul, no. 68. States 20 findings reqrding ballot access rules and rights of non-major parties. Would set ballot petition signature and time limits and would waive petition signature requirements for candidates whose party recei~iedat least 1% of the vote in the [nost recent presidential or senatorial general election in tlmt state. [Amends B a s . Camllbell. Farr; Obey. Shayr, lierney] Peterson (PA). Would direct the Attorney General. in consultation with the Colr,mnissioners of Social Security aid immigration and Naturalizatioa to set up voter clipibility confinnation pilot programs in at [cast thc fivc largcst statcs [Amencls Bass, Campbell. Obcy, Farr, Hatchinsnn. Shays; licrncyl Wicker, no. 3 I . Would amend the National Voter Registration Act to allow states to require plioto identification ai a condition for receiving a federal election ballot. [Amencls Bass, Cnmpbdl, Obcy, Farr. Htltchinsnn. Shays, Zcrncrl Constitutional Review. hlitfield. no. 4. Would provide for a11 expedited challenge to the constihltionality of a pmvision of the act or its atnendmnents by immediate con.iening of three-judge district C O L I ~~~~, V ~ I I C C I I I0C11I tllc I ~ dockct W I I C ~ C pos~i0lc.and dircct appeal to tbc Sitprc~ncCourt for expcdited review, IAmeals Bass: Campbell, Obey, Farr Hi~tchinsnn_Shays. Zerney, Whitel Independent Counsel. DeLa7yino. 14. States 69 findings regarding campaign fbndraising practices bjr tlle Preside* Vice President. and Democratic Xational Committee in 1996. States the sense ofCongess that the Attorney General should umnediately appoint an independent counsel to investigate alleged cri~nitialconduct. [Amends Campbell, Obey, Hutchinsnn Shays, Zerney]