Senate Election Campaign Ethics Act of 1990

Summary

Campaign Cost Reduction and Reform Act of 1990 - Title I: Amendments to the Federal Election Campaign Act of 1971 - Amends the Federal Election Campaign Act of 1971 to define a "qualifying House of Representatives candidate" as one whose principal campaign committee includes in its statement of organization a declaration of the candidate's intention to abide by expenditure limitations under such Act and to use broadcast time under the Communications Act of 1934 or to receive reduced postal rates. Includes in the definition of "contribution": (1) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate. Provides that the term "contribution" does not include the value of any advertising rate reduction made available to a qualifying House candidate by a newspaper, magazine, broadcasting station, or cable system if such reduction is made available to any qualifying candidate during the 90-day period before the election. Includes in the definition of "expenditure" any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate. Revises the exclusion of mailing costs from authorized contributions and expenditures. Excludes from the definitions of "contribution" and "expenditure": (1) any amount for a candidate for other than Federal office: (2) any amount in connection with a State or local political convention; (3) any campaign activity on behalf of State or local candidates; (4) administrative expenses of a State or local committee of a political party; (5) research pertaining solely to State and local candidates and issues; and (6) maintenance of voter files. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party. Declares that an expenditure is not an independent expenditure if: (1) there is any arrangement, coordination, or direction with respect to the expenditure between the candidate and the person making the expenditure; (2) with respect to the election, the person making the expenditure was involved in the candidate's campaign; or (3) the person making the expenditure communicates with, advises, or counsels the candidate relating to such election. Removes certain limitations regarding State-by-State spending by presidential candidates. Prohibits a qualifying House candidate from making expenditures in excess of $75,000 of such candidate's personal funds for an election. Prohibits such candidate from spending in excess of $550,000 with respect to a general or special election, $300,000 with respect to a primary election ($400,000 where a candidate receiving a majority of votes is elected to office without a general election), and $100,000 with respect to a runoff election. Removes such limitation for all House candidates in an election if any candidate receives contributions or makes expenditures aggregating more than $200,000. Requires such limitations to be adjusted for inflation every four years beginning after calendar year 1992. Prohibits such candidate and his or her authorized political committee from accepting contributions from a political committee with respect to a general, special, or runoff election which total in excess of 50 percent of the limitation for such election. Imposes monetary penalties upon qualifying House candidates who exceed expenditure limitations. Provides for the accountability of contributions made by intermediaries or conduits. Prohibits a lobbyist from acting as an intermediary or conduit. Provides that contributions expended to encourage an individual to become a candidate shall be treated as contributions, whether or not such individual becomes a candidate. Prohibits a candidate or an authorized political committee of a candidate from accepting any contribution with respect to an election for Federal office if the contribution is given or made with respect to an election for State office or otherwise is not subject to the Federal Election Campaign Act of 1971. Prohibits a candidate for Federal office from accepting, with respect to an election, any contribution from a State or local committee of a political party if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds a limitation on contributions to a candidate under the Federal Election Campaign Act of 1971. Subjects certain amounts received or used by a State or local committee of a political party as excluded payments to the limitations and reporting requirements of the Federal Election Campaign Act of 1971 as if such amounts were contributions or expenditures, as appropriate. Prohibits such payments from being allocated to a non-Federal account or otherwise maintained in, or paid from, an account that is not subject to that Act. Excludes as a prohibited political contribution or expenditure by a national bank, corporation, or labor organization the administration and solicitation costs of a separate segregated political fund if amounts disbursed from the fund are used solely for internal communications, nonpartisan get-out-the-vote campaigns, or contributions for State or Federal elections. Requires that whenever any political committee (other than an authorized committee or a committee of a political party) makes a communication that is a solicitation for contributions with respect to a Federal election, it shall include in the communication a clear statement that neither the committee nor the communication is authorized by a candidate or is under the control of a candidate. Requires television advertisements authorized by candidates for Federal office that solicit contributions for, or advocate the election or defeat of, a clearly identified candidate to contain a readily identifiable image of the candidate who authorized such advertisement. Requires the image to appear for at least four seconds on at least one-third of the television screen accompanied by statements identifying the political committee or the other person paying for the advertisement and the candidate responsible for its content. Requires television advertisements that have not been authorized by a candidate to present a statement: (1) naming the person paying for the advertisement and any connected organization; and (2) indicating that the advertisement has not been authorized by any candidate. Requires authorized and unauthorized radio advertisements to contain such appropriate statements. Prescribes color contrast and character height standards for statements in advertisements in publications disclosing who authorized and paid for the advertisement. Provides that if any person makes an independent expenditure through a communication on a broadcasting station or cable system which attacks a qualifying House candidate or criticizes the public record of such a candidate, the licensee or cable operator involved shall transmit to such candidate: (1) a statement of the date and time of the communication; and (2) a script or tape recording of the communication or, if unavailable, an accurate summary of the communication; and (3) an offer of an equal opportunity for such a candidate to use the broadcasting station or cable system to respond, without cost, to the communication. Prohibits any person from soliciting contributions by falsely representing himself as a candidate or agent thereof. Prohibits the personal use of amounts received by political committees as contributions except as currently provided under the Federal Election Campaign Act of 1971. Allows such contributions to be disbursed by the committee only as an expenditure or as otherwise permitted by law for a political purpose. Limits total small donor political committee contributions to $5,000 per candidate per election. Requires coordinated expenditures to be made only from amounts subject to the Federal Election Campaign Act of 1971. Establishes additional reporting requirements for national and State political party committees and for individuals making contributions to Federal candidates which total more than $20,000 in any calendar year. Title II: Amendments to the Communications Act of 1934 and Title 39, United States Code - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to revoke any station license or construction permit for willful or repeated discrimination against a candidate for Federal office in the amount, class, or period of time made available to such candidate on behalf of such candidacy. Prohibits a licensee from using a broadcasting station for a communication not in compliance with the guidelines established by this Act. Requires such stations to give priority to legally qualified candidates in providing access to the use of such station. Exempts debates between candidates from the equal opportunity requirement. Eliminates the requirement that broadcast rates for legally qualified candidates for specified periods preceding primary, general, or special elections not exceed a station's lowest unit charge for the same class and amount of time. Entitles qualified House candidates to free broadcast time for every two television or radio advertisements purchased. Provides for reduced postage rates for qualified House candidates. Amends the Internal Revenue Code to provide a full tax credit for in-State individual contributions of up to $50 to qualified House candidates. Title III: Effective Date - Specifies that this Act shall apply with respect to Federal elections beginning with the general election of November 3, 1992.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 30 July 1990

   Introduced

   Referred to the House Committee on House Administration.

   Source: IntroReferral

2. 30 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

3. 30 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

4. 2 August 1990

   Reported

   Rules Committee Resolution H. Res. 453 Reported to House. Rule provides for consideration of H.R. 5400 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider an amendment in the nature of a substitute consisting of the text printed in part one of the report of the Committee on Rules accompanying this resolution as an original bill for the purpose of amendment under the five-minute rule. All points of order against said substitute are hereby waived. Measure will be considered read. Specified amendments are in order. No amendments shall be in order except: 1)the amendments printed in part t wo of the report of the Committee on Rules which shall be considered en bloc and 2) an amendment in the nature of a substitute submitted to the Congressional Record of August 2, 1990, by Mr. Michel of Illinois. The amendments shall be considered in that order and shall be debata...

   Source: Floor

5. 2 August 1990

   Passed

   PERMISSION TO FILE AN AMENDMENT - Mr. Moakley asked unanimous consent that Mr. Michel have until midnight tonight to file an amendment in the nature of a substitute made in order by the provisions of H. Res. 453. Agreed to without objection.

   Source: Floor

6. 2 August 1990

   Referred

   Referred to the Subcommittee on Elections.

   Source: Committee

7. 3 August 1990

   Floor

   House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 453 and Rule XXIII.

   Source: Floor

8. 3 August 1990

   Floor

   Considered under the provisions of rule H. Res. 453.

   Source: Floor

9. 3 August 1990

   Passed

   Motion to reconsider laid on the table Agreed to without objection.

   Source: Floor

10. 3 August 1990

    Vote

    On passage Passed by the Yeas and Nays: 255 - 155 (Roll No. 318).

    Source: Floor

11. 3 August 1990

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 255 - 155 (Roll No. 318).

    Source: Floor

12. 3 August 1990

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

13. 3 August 1990

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

14. 3 August 1990

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5400.

    Source: Floor

15. 3 August 1990

    Floor

    The Speaker designated the Honorable Steny H. Hoyer to act as Chairman of the Committee.

    Source: Floor

16. 3 August 1990

    Floor

    Rule provides for consideration of H.R. 5400 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider an amendment in the nature of a substitute consisting of the text printed in part one of the report of the Committee on Rules accompanying this resolution as an original bill for the purpose of amendment under the five-minute rule. All points of order against said substitute are hereby waived. Measure will be considered read. Specified amendments are in order. No amendments shall be in order except: 1)the amendments printed in part t wo of the report of the Committee on Rules which shall be considered en bloc and 2) an amendment in the nature of a substitute submitted to the Congressional Record of August 2, 1990, by Mr. Michel of Illinois. The amendments shall be considered in that order and shall be debata...

    Source: Floor

17. 3 August 1990

    Passed

    Rule H. Res. 453 passed House.

    Source: Floor

18. 4 August 1990

    Introduced

    Read twice and held at the desk by unanimous consent. Until the close of business September 12, 1990.

    Source: Floor

19. 4 August 1990

    Introduced

    Received in the Senate.

    Source: IntroReferral

20. 12 September 1990

    Floor

    Held at the desk by unanimous consent. Until the close of business September 13, 1990.

    Source: Floor

21. 13 September 1990

    Floor

    Held at the desk by unanimous consent. Until the close of business September 14, 1990.

    Source: Floor

22. 14 September 1990

    Floor

    Held at the desk by unanimous consent. Until the close of business September 17, 1990.

    Source: Floor

23. 17 September 1990

    Floor

    Held at the desk by unanimous consent. Until the close of business September 18, 1990.

    Source: Floor

24. 18 September 1990

    ResolvingDifferences

    Senate insists on its amendments, asks for a conference, appoints conferees Ford; Byrd; Inouye; DeConcini; Boren; Breaux; Stevens; McConnell; Packwood; Rudman; Nickles.

    Source: ResolvingDifferences

25. 18 September 1990

    Floor

    Measure laid before Senate.

    Source: Floor

26. 18 September 1990

    Passed

    Passed/agreed to in Senate: Passed Senate in lieu of S. 137 with an amendment by Voice Vote.

    Source: Floor

27. 19 September 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

28. 26 September 1990

    ResolvingDifferences

    Mr. Thomas (CA) moved that the House instruct conferees.

    Source: ResolvingDifferences

29. 26 September 1990

    ResolvingDifferences

    Mr. Swift asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.

    Source: ResolvingDifferences

30. 26 September 1990

    Floor

    DEBATE - The House proceeded with one hour of debate on the motion to instruct managers on the part of the House to accept the provisions of Secs. 411, 412, and 414 of the Senate amendment relating to the reporting and limitation of expenditures for franked mass mailings; and to accept the provisions of the Senate amendment banning Federal contributions by connected Political Action Committees and limiting Federal contributions by unconnected PACs to $1,000.

    Source: Floor

31. 26 September 1990

    ResolvingDifferences

    The chair appointed conferees: Swift, Anthony, Brooks, McHugh, Annunzio, Sabo, Synar, Frost, Obey, Glickman, Fazio, Berman, Miller (CA), Russo, Dingell, Ford (MI), Eckart, Thomas (CA), Vander Jagt, Archer, Buechner, Frenzel, Gunderson, Horton, Oxley, Roberts, Sundquist, and Rhodes.

    Source: ResolvingDifferences

32. 26 September 1990

    Passed

    On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.

    Source: ResolvingDifferences

33. 26 September 1990

    ResolvingDifferences

    The previous question was ordered without objection.

    Source: ResolvingDifferences

34. 21 October 1990

    Passed

    NOTIFICATION OF MOTION TO INSTRUCT CONFEREES - Pursuant to the provisions of clause 1(c) of rule XXVIII of the Rules of the House of Representatives, Mr. Thomas of California notified the House of his intention to offer a motion to instruct the managers on the part of the House at the conference on the disagreeing votes of the two Houses on the bill H.R. 5400, to agree to sec. 105 of the House passed bill.

    Source: Floor

35. 22 October 1990

    Vote

    On motion that the House instruct conferees Agreed to by the Yeas and Nays: 403 - 6 (Roll no. 503).

    Source: ResolvingDifferences

36. 22 October 1990

    Floor

    The previous question was ordered without objection.

    Source: Floor

37. 22 October 1990

    Passed

    DEBATE - The House proceeded with one hour of debate on the Thomas of California motion to instruct conferees on the part of the House to agree to sec. 105 of the House passed bill. Sec. 105 defines restrictions on control of certain types of political committees by candidates for Federal office.

    Source: Floor

38. 22 October 1990

    ResolvingDifferences

    Mr. Thomas (CA) moved that the House instruct conferees.

    Source: ResolvingDifferences

Votes

No vote records are attached yet.

Versions

• Engrossed Amendment Senate · — · Download file
• Engrossed in House · — · Download file
• Held at Desk Senate · — · Download file
• Introduced in House · — · Download file

Documents

6 official files

• Introduced in House (text)

  Introduced in House · EN

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• Held at Desk Senate (text)

  Held at Desk Senate · EN

  ViewDownloadOpen at official source

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• Engrossed Amendment Senate (text)

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• Passed Senate amended

  summary · EN · 18 September 1990

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• Introduced in House

  summary · EN · 30 July 1990

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Sponsors

• Rep. Swift, Al [D-WA-2] · D · Sponsor
• Rep. Gephardt, Richard A. [D-MO-3] · D · Sponsor
• Rep. Gray, William H., III [D-PA-2] · D · Sponsor
• Rep. Brooks, Jack B. [D-TX-9] · D · Sponsor
• Rep. Annunzio, Frank [D-IL-11] · D · Sponsor
• Rep. McHugh, Matthew F. [D-NY-28] · D · Sponsor
• Rep. Anthony, Beryl, Jr. [D-AR-4] · D · Sponsor
• Rep. Frost, Martin [D-TX-24] · D · Sponsor
• Rep. Sabo, Martin Olav [D-MN-5] · D · Sponsor
• Rep. Synar, Mike [D-OK-2] · D · Sponsor
• · hsha00 · Standing
• · hswm00 · Standing
• · hspo00 · Standing
• · hsif00 · Standing

Related records

• related to → Campaign Cost Reduction and Reform Act of 1989
• related to → Providing for the consideration of the bill (H.R. 5400) to amend the Federal Election Campaign Act of 1971 and certain related laws to clarify such provisions with respect to Federal elections, to reduce costs in House of Representative elections, and for other purposes.
• related to ← Senate Election Campaign Ethics Act of 1990
• amends ← An amendment (en bloc) to reduce the limitation on PAC contributions to House candidates from $275,000 to $220,000 and impose a $55,000 maximum amount allowed to be received from PACs which accept individual contributions in excess of $240. The amendment allows up to $100,000 in federal matching funds (during general elections) for in-state contributions of less than $50, the matching funds could be doubled if an opponent raises or spends more than $200,000. Candidates would be required to receive in-state individual contributions of at least $25,000 to be eligible for federal matching funds. Matching funds would be financed by increasing the tax check-off on individual tax forms from $1 to $3.
• amends ← An amendment to reduce the limit on PAC contributions from $5,000 to $1,000 and to require that candidates raise at least one-half of their funds from local residents. The amendment also prohibits bundling, leadership PACs ( a PAC established by a Member of Congress in order to contribute to other candidates), and soft money.