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Campaign Finance: Legislative Developments and Policy Issues in the 110th Congress (CRS Report for Congress)

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Release Date Revised Oct. 22, 2008
Report Number RL34324
Report Type Report
Authors R. Sam Garrett, Government and Finance Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised Oct. 8, 2008 (17 pages, $24.95) add
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Summary:

During the 110th Congress, the House and Senate's campaign finance work has overlapped in three areas. First and most significantly, a lobbying and ethics law enacted in September 2007, the Honest Leadership and Open Government Act (HLOGA; P.L. 110-81, which was S. 1), contains some campaign finance provisions. Second, P.L. 110-433 (H.R. 6296) will extend the Federal Election Commission's (FEC) Administrative Fine Program (AFP) until 2013. Third, the Committee on House Administration and the Senate Rules and Administration Committee have held hearings on automated political telephone calls (also known as "robo calls" or "auto calls"), a subject that is related to campaign finance. Otherwise, the House and Senate have largely focused on different campaign finance issues. Specifically, the House has passed three bills, not passed by the Senate, containing campaign finance provisions. First, H.R. 3032 would allow candidates to designate an individual to disburse remaining campaign funds if the candidate dies. Second, H.R. 2630 would restrict campaign and leadership political action committee (PAC) payments to candidate spouses. Third, a provision in the House-passed version of an appropriations bill (H.R. 3093) would have prohibited spending Justice Department funds on criminal enforcement of the Bipartisan Campaign Reform Act (BCRA) "electioneering communication" provision. However, the language was not included in the FY2008 consolidated appropriations law (P.L. 110-161). Similarly, the Senate has largely considered legislation not considered in the House. The Senate's campaign finance activity has also been confined largely to hearings. S. 223, which would require electronic filing of campaign disclosure reports was reported from the Rules and Administration Committee but has not received floor consideration. During the spring and summer of 2007, the committee also held hearings on coordinated party expenditures (S. 1091) and congressional public financing legislation (S. 1285). Non-legislative items are also noteworthy. Following a Senate impasse over four nominees to the Federal Election Commission (FEC) during the first session of the 110th Congress, the Commission lacked the quorum necessary to make major policy decisions between January and June 2008. Senate confirmations of five nominees on June 24, 2008, restored the FEC to full capacity. FEC rulemakings are ongoing or expected in response to legislative activity, and Supreme Court rulings addressing electioneering communications (Federal Election Commission v. Wisconsin Right to Life, Inc.) and the "Millionaire's Amendment" (Davis v. Federal Election Commission). This report will be updated in the event of other significant legislative or policy developments in the 110th Congress.