Updated December 29, 1998
CRS Report fbr Congress
Campaign Finance Debate in the House:
Substitute No. 13 (ShaysA'VLeehan)arid
Joseph E. Cantor
Specialist in American National Government
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.
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
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
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
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
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
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
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
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).
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
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 (e.fi, 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).
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
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
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
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.
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
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
LLI! a voice Itole oil J Z ,30,
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,
Shays. lielse?l Added lo S/ma!aI/feehan by a vote oj'391-4 oil Jlrh: 20,
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)
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.
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
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
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]