Policy Luncheon, May 1, 1990

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25 pages

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lead_398_023_all

Title (Dublin Core)

Policy Luncheon, May 1, 1990

Date (Dublin Core)

1990-05-01

Date Created (Dublin Core)

1990-05-01

Congress (Dublin Core)

101st (1989-1991)

Policy Area (Curation)

Congress

Creator (Dublin Core)

Dole, Robert J., 1923-2021

Cochran, Thad

Senate Republican Conference (U.S.)

Record Type (Dublin Core)

correspondence

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http://rightsstatements.org/vocab/CNE/1.0/

Language (Dublin Core)

eng

Collection Finding Aid (Dublin Core)

https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=26&q=

Physical Location (Dublin Core)

Collection 007, Box 398, Folder 23

Institution (Dublin Core)

Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS

Archival Collection (Dublin Core)

Robert J. Dole Republican Leadership Collection, 1985-1996

Full Text (Extract Text)

THAD COCHRAN
SECRETARY

United States Senate
REPUBLICAN CONFERENCE
WASHINGTON, DC 20510-7062
May 1, 1990

Senator Robert Dole
United States Senate
Washington, D.C.

Dear Bob:
In view of the recognition of the record setting number of votes that have been cast by the President Pro Tempore, Robert Byrd (12,134), you might be interested to know that, through Vote 71, you have cast a total of 9,209 votes as a member of the United States Senate.

Sincerely,
Thad (signature)
THAD COCHRAN
United States Senator

POLICY LUNCH
TUESDAY, MAY 1, 1990

1. Floor Schedule
o Complete supplemental today.
o 7:00 p.m. cloture vote on Motion to Proceed to Hatch Act.
o If cloture is invoked -- Hatch Act for the rest of the week is likely.

2. Campaign Finance
o Mitchell less clear on exact timing of consideration -- Democrats still unresolved.

3. El Salvador
o Bipartisan meeting with Secretary Baker at 6:45 p.m. Senators should let me know their views to be shared with Secretary Baker.

APRIL 30, 1990
TO: SENATOR DOLE
FROM: DAN STANLEY
SUBJECT: POLICY LUNCHEON -- ISSUES FOR SCOWCROFT

AS YOU KNOW, SCOWCROFT WILL STAND IN FOR CHENEY AT THE POLICY LUNCHEON TOMORROW. THIS IS AN OPPORTUNITY TO SEEK CLEAR ADMINISTRATION POSITIONS ON SOME IMPORTANT ISSUES: RAIL GARRISON MX, SDI, AND ARMS CONTROL. IF POSSIBLE, ASCERTAINING A "MINIMUM" DOD BUDGET THRESHOLD WOULD HELP THOSE MEMBERS STRUGGLING IN THE BUDGET COMMITTEE TO KEEP THE NUMBER UP. THE FOLLOWING TALKING POINTS ARE PROVIDED:

-- THE DEFENSE BUDGET FIGHT WILL BE ANOTHER TOUGH ONE. WE NEED TO WORK TOGETHER TO WIN. WE WANT TO HELP. THE FIRST FIGHT IS IN THE BUDGET COMMITTEE. SO FAR, WE ARE HOLDING OUR OWN, BUT WE HEAR ABOUT A $50 BILLION SEQUESTER. THAT WILL MAKE IT VERY DIFFICULT.

-- WE HAVE USED A LOT OF POLITICAL CAPITAL ON THE RAIL GARRISON MX. GIVEN THE ADMINISTRATION'S PROPOSAL TO BAN MOBILE MIRV ICBM'S, HOW FAR DO YOU WANT US TO GO TO PROTECT IT?

-- ADEQUATE FUNDING FOR SDI WILL BE TOUGH TO COME BY THIS YEAR. DOES THE ADMINISTRATION HAVE A BOTTOM LINE ON SDI DOLLARS?

-- WE HEAR ABOUT RETRENCHMENT BY THE SOVIETS ON SOME OF THE ARMS CONTROL ISSUES. I WOULD URGE CAUTION AND RECOMMEND THAT CONCESSIONS NOT BE GIVEN IN ORDER TO MEET AN ARBITRARY TIMETABLE.

-- THE SOVIETS SEEM TO WANT US TO UNILATERALLY CEASE PRODUCTION OF BINARY CHEMICAL WEAPONS IN RETURN FOR AN AGREEMENT TO REDUCE U.S. AND SOVIET CHEMICAL WEAPON STOCKPILES. WHAT IS THE ADMINISTRATION'S POSITION?

SENATOR BOB DOLE
TALKING POINTS
HATCH ACT REFORM AMENDMENTS
MAY 1, 1990

HATCH ACT WORKS; NO MANDATE FOR CHANGE
o HATCH ACT WAS NOT ENACTED IN A VACUUM. IT WAS A SOLUTION TO A SERIOUS AND PERVASIVE PROBLEM ENDEMIC TO A DEMOCRATIC POLITICAL SOCIETY -- THE POLITICIZATION OF GOVERNMENT TO THE DETRIMENT OF ITS EMPLOYEES AND THE PEOPLE IT SERVES
o THE HATCH ACT HAS SERVED THE U.S. GOVERNMENT, THE FEDERAL WORKER, AND THE AMERICAN PUBLIC FOR OVER 50 YEARS BY ELIMINATING THE POLITICAL SPOILS SYSTEM THAT ONCE PLAGUED THE EFFICIENT OPERATION OF GOVERNMENT AND THE PUBLIC'S CONFIDENCE IN THAT GOVERNMENT
o THE FACT THAT ABUSES ARE COMPARATIVELY RARE IN THE FEDERAL SYSTEM, BUT NOT UNCOMMON IN MANY STATE AND LOCAL GOVERNMENT AGENCIES, IS A TELLING TESTAMENT TO THE NEED AND EFFICACY OF THE HATCH ACT
o SO WHY CHANGE SOMETHING THAT HAS WORKED SO WELL?
o ONLY THE FEDERAL EMPLOYEE UNIONS, THE POSTAL GROUPS AND THE ACLU HAVE SPOKEN OUT IN SUPPORT OF THIS LEGISLATION. THE FEDERAL UNIONS SUPPORT THE BILL BECAUSE IT IS A GUISE FOR INCREASING CAMPAIGN CONTRIBUTIONS TO THEIR PACS -- 88.1% OF THE FUNDS OF WHICH WENT TO DEMOCRATS IN 1987-1988. THE ACLU SUPPORTS THE LEGISLATION ON FIRST AMENDMENT GROUNDS EVEN THOUGH THE SUPREME COURT HAS REPEATEDLY UPHELD THE CONSTITUTIONALITY OF THE HATCH ACT
o THE ADMINISTRATION, COMMON CAUSE, THE AMERICAN BAR ASSOCIATION, THE FEDERAL BAR ASSOCIATION, THE NATIONAL ACADEMY OF PUBLIC ADMINISTRATION, THE CHAMBER OF COMMERCE AND THE AMERICAN FARM BUREAU HAVE VOICED STRONG OPPOSITION TO THE BILL
o FINALLY, SURVEYS OF FEDERAL WORKERS INDICATE THAT MORE THAN HALF OF ALL SUCH WORKERS OPPOSE A LOOSENING OF HATCH ACT AND 70% OF SENIOR EXECUTIVE SERVICE EMPLOYEES PREFER CURRENT LAW
o IN SHORT, THERE IS NO NEED OR MANDATE TO MAKE THIS CHANGE

EFFECT OF AMENDMENTS
o CONTRARY TO WHAT PROPONENTS OF BILL SAY, THE AMENDMENTS GO WELL BEYOND "REFORMING" THE HATCH ACT AND HAVE EFFECT OF REPEALING IT
o HATCH ACT DOES NOT BAR POLITICAL ACTIVITY OF FEDERAL WORKERS; IT MERELY RESTRICTS IT; CONFUSION ON PART OF FEDERAL EMPLOYEES AS TO THEIR RIGHTS SPEAKS FOR EDUCATION, NOT REPEAL
o AMENDMENTS EXPAND REALM OF PERMISSIBLE BEHAVIOR BY GENERALLY LEGALIZING ALL TYPES OF OFF-DUTY CAMPAIGN ACTIVITIES (EXCEPT A FEW REALLY ABUSIVE PRACTICES), INCLUDING THE SOLICITATION OF CONTRIBUTIONS FROM FELLOW EMPLOYEES WHO ARE MEMBERS OF THE SAME EMPLOYEE ORGANIZATION FOR THE PAC (WHICH HAS BEEN PROHIBITED FOR 100 YEARS)
o OFF DUTY/ON DUTY DISTINCTION SOUNDS SIMPLE BUT DOESN'T WORK
o CONSIDER REALITY OF EMPLOYER/EMPLOYEE RELATIONS
o POLITICAL COERCION CAN BE SUBTLE AND WILL UNDERMINE EXCLUSIVITY OF MERIT-BASED ADVANCEMENT IN CIVIL SERVICE
o CRIMINAL POLITICAL ABUSE CASES ARE EXTREMELY DIFFICULT TO DETECT AND PROSECUTE (I.E., ASIDE FROM THE HEAVY BURDEN OF PROOF -- BEYOND A REASONABLE DOUBT, WHAT EMPLOYEE WILL RISK HIS JOB OR PROMOTION BY POINTING THE FINGER AT HIS SUPERIOR?)
o NON-PARTISAN ADMINISTRATION AND ENFORCEMENT OF FEDERAL LAWS AND PROGRAMS WILL BE COMPROMISED WHERE EVEN THE APPEARANCE OF IMPROPRIETY UNDERMINES PUBLIC CONFIDENCE
o DO WE WANT THE HEAD OF THE FEDERAL ELECTION COMMISSION TO BE ABLE TO BE NATIONAL CHAIRMAN OF A POLITICAL PARTY? DO WE WANT A SECTION CHIEF IN THE CRIMINAL DIVISION WHO DECIDES ON THE PROSECUTION OF PUBLIC EMPLOYEES TO SERVE AS A PARTY CHAIRMAN? DO WE WANT IRS OR FBI AGENTS TO BE ABLE TO SOLICIT POLITICAL CONTRIBUTIONS? DO WE WANT FEDERAL PROGRAMS ADMINISTERED BY THOSE WHO ARE POWERFUL REPRESENTATIVES OF THEIR PARTY DURING THEIR EVENINGS? ETC.! THE INTEGRITY OF ALL GOVERNMENT DECISIONS WILL BE COMPROMISED.
o THIS BILL PLACES THE FEDERAL GOVERNMENT ON AN INADVISABLE COURSE AND AFTER A FEW SCANDALS, EVERYONE WILL BE POINTING FINGERS AND CHANGING THINGS BACK TO THE WAY THEY WERE

MISCELLANEOUS; OPTIONS
o ADMINISTRATION VEHEMENTLY AGAINST BILL
o POSSIBLE AMENDMENTS/SUBSTITUTES TO BILL
- CARVE OUT NON-EXEMPT EMPLOYEES SUCH AS JUSTICE DEPARTMENT, CIA, POSTAL WORKERS, IRS, FEDERAL ELECTION COMMISSION, ETC.
- DELETE PROVISION PERMITTING THE SOLICITATION OF POLITICAL CONTRIBUTIONS FROM FELLOW EMPLOYEES WHO ARE MEMBERS OF THE SAME LABOR UNIONS
- MODIFY EFFECTIVE DATE TO A DATE SPECIFIED INSTEAD OF 120 DAYS AFTER ENACTMENT SO NOVEMBER ELECTIONS NOT AFFECTED
- INCREASE SANCTIONS FOR VIOLATIONS, E.G., DISMISSAL FROM CIVIL SERVICE AFTER TWO VIOLATIONS
- SUBSTITUTE A BILL WHICH WOULD KEEP HATCH ACT INTACT AND WOULD REQUIRE OPM TO CLARIFY BY REGULATION CURRENT LEGAL STRUCTURE OF DO'S AND DON'TS (SEN. ROTH MAY DO THIS)
POSSIBILITY THAT CAMPAIGN FINANCE REFORM AMENDMENTS GET ATTACHED TO THIS BILL
o ALSO CONSIDER CIVIL SERVICE PAY REFORM BASED ON "MERIT" (POLITICAL MERIT?)

SCHEUDLE FOR THE WEEK OF APRIL 30, 1990
TODAY, TUESDAY, MAY 1
THE SENATE WILL RECONVENE AT 2:15 P.M., AND RESUME CONSIDERATION OF THE SUPPLEMENTAL APPROPRIATIONS BILL, UNDER A UNANIMOUS CONSENT AGREEMENT, REACHED LAST NIGHT. ROLL CALL VOTES WILL OCCUR, AND IT IS THE MAJORITY LEADER'S HOPE THAT THE SENATE WILL COMPLETE ACTION ON THE PENDING SUPPLEMENTAL PRIOR TO THE 7:00 P.M. CLOTURE VOTE ON THE MOTION TO PROCEED TO THE HATCH ACT. THEREFORE, THE SENATE IS EXPECTED TO BE IN SESSION INTO THE EVENING.

WEDNESDAY, MAY 2
IF CLOTURE IS INVOKED ON THE MOTION TO PROCEED TO THE HATCH ACT, IT IS EXPECTED THE MAJORITY LEADER WILL REMAIN ON THE MOTION UNTIL DISPOSED OF, ONCE DISPOSED OF, I ANTICIPATE THE MAJORITY LEADER WILL FILE A CLOTURE PETITION ON THE BILL, VOTES COULD OCCUR DURING THE WEDNESDAY SESSION IN RELATION TO THE MOTION TO PROCEED.

THURSDAY, MAY 3 - FRIDAY, MAY 4
RESUME THE HATCH ACT. VOTES COULD OCCUR.

May 1, 1990
REPUBLICAN CAMPAIGN FINANCE REFORM INITIATIVE OVERVIEW

THE GOALS
1. REDUCE "SPECIAL INTEREST" INFLUENCE.
2. INCREASE COMPETITION IN POLITICS.
3. REDUCE CAMPAIGN COSTS.

THE PROPOSALS
1. ELIMINATE THE ROLE OF POLITICAL ACTION COMMITTEES IN FEDERAL ELECTIONS.
2. BAN "SOFT MONEY" EXPENDITURES BY CORPORATIONS, LABOR UNIONS, TRADE ASSOCIATIONS, AND TAX-EXEMPT ORGANIZATIONS. REQUIRE STATE AND FEDERAL PARTY COMMITTEES TO DISCLOSE AT THE FEDERAL LEVEL ALL CONTRIBUTIONS AND EXPENDITURES MADE ON BEHALF OF A FEDERAL CANDIDATE.
3. REDUCE LIMITS ON CAMPAIGN CONTRIBUTIONS BY NON-RESIDENTS. REDUCE FROM $1,000 TO $500 THE MAXIMUM ALLOWABLE CONTRIBUTION BY INDIVIDUALS RESIDING OUTSIDE OF A CANDIDATE'S HOME STATE.
4. CREATE A "SEED MONEY" MECHANISM FOR CONGRESSIONAL CHALLENGERS.
5. PROVIDE A MEANINGFUL BROADCAST DISCOUNT.

THE COMPREHENSIVE CAMPAIGN FINANCE REFORM ACT OF 1990
By Mr. McConnell (for himself, Mr. Dole, Mr. Packwood, Mr. Bond, Mr. Boschwitz, Mr. Burns, Mr. Chafee, Mr. Coats, Mr. Cochran, Mr. Domenici, Mr. Garn, Mr. Gorton, Mr. Gramm, Mr. Grassley, Mr. Hatch, Mr. Hatfield, Mr. Heinz, Mr. Jeffords, Mrs. Kassebaum, Mr. Lott, Mr. Lugar, Mr. Mack, Mr. McCain, Mr. McClure, Mr. Murkowski, Mr. Nickles, Mr. Roth, Mr. Simpson, Mr. Specter, Mr. Symms, Mr. Thurmond, Mr. Wallop, and Mr. Wilson)

SECTION-BY-SECTION SUMMARY
Section 1. Short Title.
This Act may be cited as "The Comprehensive Campaign Finance Reform Act of 1990".

TITLE I -- REDUCTION OF SPECIAL INTEREST INFLUENCE
Subtitle A -- Elimination of Political Action Committees From Federal Election Activities

Section 101. Ban on Activities of Political Action Committees in Federal Elections.

This section eliminates all "special interest" political action committees (corporate, union, and trade association PACs) . This section also bans all non-connected or ideological PACs and all "leadership" PACs . [Note: if a ban on non-connected PACs is determined to be unconstitutional by the Supreme Court, the legislation will subject non-connected PACs to a $1000 contribution limit.]

Subtitle B -- Ban on Soft Money in Federal Elections

Section 111. Ban on Soft Money.
This section bans all "soft" money from being used to influence a federal election. "Soft" money is the raising and spending of political money outside of the source restrictions, contribution limits, and disclosure requirements of the Federal Election Campaign Act and its regulations.

Section 112. Restrictions on Party Committees.
This section establishes new rules for political party committees to ensure that "soft" money is not used to influence federal elections, including : :selected:
(1) the requirement that national, state and local political parties establish a separate account for activities benefiting federal candidates and a separate account for activities benefiting state candidates;
(2) the requirement of full disclosure of all accounts by any political party committee that maintains a federal account; and
(3) the establishment of minimum percentages of federal funds which must be used for any party building program (e.g. voter registration, get-out-the-vote, absentee ballot, ballot security) which benefits both federal and state candidates.

Section 113. Protections for Employees.
This section codifies the Supreme Court decision in Beck and provides certain rights for employees who are union members. [S. 1645 (McConnell); S. 1727 (Bush); House Republican Task Force]

Section 114. Restrictions on Soft Money Activities of Tax-Exempt Organizations.
This section prohibits tax-exempt, 501(c) organizations from engaging in any activity which attempts to influence a federal election on behalf of a specific candidate for public office. This section accomplishes this goal by extending to all 501(c) organizations the current prohibition on campaign activity which applies to 501(c)(3) charities. [Note: the effective date for this provision will be September 1, 1990.]

Section 115. Denial of Tax-exempt Status for Certain Politically Active Organizations.
This section restricts tax-exempt organizations from engaging in voter registration or GOTV activities (which are not candidate-specific) if a candidate or Member of Congress solicits money for the organization. [S. 2148 (McConnell)]

Section 116. Contributions to Certain Political Organizations Maintained by a Candidate.
This section restricts federal activities by state PACs created by Members of Congress [S. 2148 (McConnell)]

Subtitle C -- Other Activities
Section 121. Modification of Contribution Limits on Individuals.
This section reduces from $1000 to $500 the maximum allowable contribution by individuals residing outside of a candidate's state.

This section also indexes the individual contribution limit ($1000 per election for in-state contributions or $500 per election for out-of-state contributions) for Congressional candidates using the Consumer Price Index; adjustments would be rounded to the nearest $100. [Mitchell/Dole Panel Recommendation (modified)]

Section 122. Political Parties.
This section exempts certain organizational activities (research, GOTV, voter registration) from coordinated or other limitations; requires disclosure and allocation for these activities; and retains the same coordinated expenditure limits for media expenditures. [Mitchell/Dole Panel Recommendation]

This section also exempts contributions to political parties from the $25,000 annual limit. [Mitchell/Dole Panel Recommendation]

Section 123. Contributions Through Intermediaries and Conduits.
This section prohibits "bundling" by registered lobbyists, unions, trade associations, corporations, and other employers. Bundled contributions which are permitted must be made payable to the candidate and disclosed to the candidate and the Federal Election Commission. [Mitchell/Dole Panel Recommendation; S. 1727 (Bush)]

Section 124. Independent Expenditures.
This section requires all independently-financed political communications to disclose the person or organization financing it; requires that disclosure be complete and conspicuous; and requires timely notice to all candidates of the communications' placement and content. [S.7 (Dole-McConnell-Stevens); House Republican Task Force]

This section also defines "independent expenditure" to prohibit consultation with a candidate or his agents; requires the FEC to hold a hearing within 3 days of any formal complaint of collusion between an independent expenditure committee and a candidate. [S.7 (Dole-McConnell-Stevens); House Republican Task Force]

Finally, this section creates an expedited cause of action in federal courts for a candidate seeking relief from expenditures which are not "independent". [Mitchell/Dole Panel Recommendation]

TITLE II -- INCREASE OF COMPETITION IN POLITICS
Section 201. Seed Money for Challengers.
This section permits political party committees to use a special coordinated expenditure fund to "match" early, in-state contributions by challengers to help begin a campaign. Party committee matching funds would be permitted to a maximum of $100,000 for any House or Senate candidate who is a challenger. [Ornstein (modified)]

Section 202. Use of Campaign Funds.
This section prohibits Members from supplementing their official office accounts with campaign funds. [S. 1727 (Bush)]

Section 203. Candidate Expenditures From Personal Funds.
This section requires Congressional candidates to declare upon filing for an election whether they intend to spend or loan over $250,000 in personal funds in the race; raise the individual contribution limit to $5000 per election from $1000 for all opponents of a candidate who declares such an intention. No limits would apply to individual contributions and expenditures by party committees if a candidate spends more than $1 million in personal funds. [S. (Domenici); S.7 (Dole-McConnell- Stevens ) (modified)]

This section also prohibits candidates from recovering personal funds or loans used in their race from contributions raised after the election. [S.332 (McConnell)]

Section 204. Franked Communications.
This section prohibits franked "mass mailings" during the election year of a Member of Congress.

This section also requires more disclosure of the use of the frank for unsolicited mailings. [House Republican Task Force]

Section 205. Limitations on Gerrymandering.
This section requires new standards for Congressional reapportionment and redistricting, including the full and fair enforcement of the Voting Rights Act. This provision will: (1) codify current case law and maintain previous statutory requirements that Congressional districts be of equal population, and be contiguous and compact in form; (2) repeal current statutory provisions permitting multi-member Congressional districts and require single-member Congressional districts; and (3) limit the division of county and political subdivision boundary lines, as well as redistricting egregious partisan gerrymandering. [S. 1727 (Bush); House Republican Task Force]

Section 206. Election Fraud and Other Public Corruption.
This section creates a new public corruption statute which codifies current case law and increases the authority of the U.S. Justice Department to combat election fraud at all levels of government. [S. (Biden-McConnell)]

TITLE III -- REDUCTION OF CAMPAIGN COSTS
Section 301. Broadcast Discount.
This section allows Presidential and Congressional candidates to purchase non-preemptible time at the lowest unit rate for preemptible time, in the last 45 days before a primary and the last 60 days before the general election. [S. 1009 (Danforth-Hollings); S. 744 (McConnell); S.7 (Dole-McConnell- Stevens)]

TITLE IV -- MISCELLANEOUS PROVISIONS
Subtitle A -- Federal Election Commission Enforcement Authority Section 401. Elimination of Reason to Believe Standard.
This section eliminates the "reason to believe" standard. The Commission, upon receiving a complaint, will have to investigate a complaint if the identity of the complainant is known, and the complaint is sufficient on its face. [S. 1655 (McConnell-Reid)]

Section 402. Injunctive Authority.
This section provides the FEC the authority to seek injunctive relief to stop certain violations or an impending violation. [S. 1655 (McConnell-Reid)]

Section 403. Time Periods.
This section streamlines the administrative procedures for a complaint brought by the Commission by eliminating the minimum waiting period of 30 days and lowering the maximum period for post-probable cause conciliation bargaining to 60 days. [S.1655 (McConnell-Reid)]

Section 404. Knowing Violation Penalties.
This section increases the penalties for knowing and willful violations which are resolved informally and requires these penalties to be mandatory. [S.1655 (McConnell-Reid)]

Section 405. Court Resolved Violations and Penalties.
This section increases the penalty for violations that must be resolved in court and requires the penally to be mandatory. [S. 1655 (McConnell-Reid)]

Section 406. Private Civil Actions
This section permits a candidate, or a person authorized by a candidate, to sue on a complaint whenever the Commission declines to pursue an alleged violation by a tie vote. In such an action, the complainant may bring suit in U.S. District Court and any monetary award would be made in favor of the United States. The prevailing party would collect attorney's fees from the loser to discourage frivolous suits. [S. 1655 (McConnell-Reid)]

Section 407. Knowing Violations Resolved in Court.
This section increases the penalties for knowing and willful violations resolved in court. [S. 1655 (McConnell-Reid)]

Section 408. Action on Complaint by Commission.
This section reduces the time period by which the Commission must act on a complaint from 120 to 60 days. [S. 1655 (McConnell-Reid)]

Section 409. Violation of Confidentiality Requirement.
This section increases the fines for violations of the confidentiality requirement. [S. 1655 (McConnell-Reid)]

Section 410. Penalty in Attorney General Actions.
This section increases the penalties for violations of the election laws where the Attorney General separately prosecutes. [S. 1655 (McConnell-Reid)]

Section 411. Amendments Relating to Enforcement and Judicial Review.
This section implements several procedural recommendations proposed by the Mitchell/Dole Panel on Campaign Finance Reform. This section will:
o provide the Commission with more authority to informally resolve both complaint- and internally-generated investigations before any determination by the Commission;
o provide respondents with more access to documents provided by third parties in an investigation;
o provide respondents with access to any report submitted to the Commission by the General Counsel after the respondent has filed his or her brief;
o provide respondents with the right to present oral arguments before a Commission finding of probable cause;
o eliminate the ability of the Commission to routinely require admissions by the respondent that a violation has occurred; and
o establish time limits for investigations and require the Commission to publish an index of all investigations which have been concluded. [Mitchell/Dole Panel Recommendation]

Section 412. Tightening Enforcement.
This section repeals the shortened 3 year statute of limitations for violations of the Act and returns to the general 5 year statute of limitations. This section also permits the Attorney General to have access to FEC compliance files pursuant to a criminal investigation or trial. [S. 1727 (Bush)]

Subtitle B -- Other Provisions
Section 421. Disclosure of Debt Settlement and Loan Security Agreements.
This section clarifies FEC rules on campaign credit, loans, and debt settlement. [House Republican Task Force]

Section 422. Contributions for Draft and Encouragement Purposes With Respect to Elections for Federal Office.
This section 3 defines "contribution" to include donations made to draft or exploratory committees advocating that a clearly identified individual becomes a candidate for federal office. [House Republican Task Force]

Section 423. Severability.
This sections provides that if any portion of this Act is found to be invalid, then the remaining portions of the Act shall continue in full force and effect.

Section 424. Effective Date.
This section requires the Act to be effective on November 7, 1990, unless a specific section provides otherwise.

Picture on next page:
Titled "Spending Limit Utopia"
Description: balanced scale with left side reading "Challengers" and right side reading "Incumbents"

Picture on next page:
Titled "Reality"
Description: imbalanced scale with left side labeled "challengers" and right side (heavier) labeled "incumbents" with "staff, Frank, name recognition" on the scale and "Other variables: independent expenditures, union soft money, free media, corporate soft money, party soft money, and 501(C) organization" on bottom of page

Picture on next page:
Titled "Sources of Funds for Senate Candidates (1988)"
Description: two pie charts; left labeled "incumbents" with "individual contributions" at 62%, "PAC Contributions" at 28%, "Party Contributions" at 6%, "Misc." at 5%, and "Candidate Contributions" at less than 1%; right labeled "Challengers" with "Individual Contributions" at 65%, "Party Contributions" at 14%, "PAC Contributions" at 13.5%, "Candidate Contributions" at 3.5%, and "Misc." at 3.5%
Source: CRS; Chart: Senate Republican Conference

Picture on next page:
Titled "U.S. House Campaigns Sources of Receipts; Jan. 1, 1987-Dec. 31, 1988"
Pie chart with "Individuals" at 46%, "PACs" at 37%, "Candidate Loans" at 8%, "Misc." at 5%, "Candidates" at 2%, "Other" at 1%, and "Party Contributions" at 1%

Bar Graph on next page:
Titled "1988 PAC Contributions" and "Ratio of Contributions"
tall bar labeled "Incumbent; 118 million; 6"
small bar labeled "Challenger; 18 million; 1"
Source: FEC; Chart: Senate Republican Conference

Graph on next page:
Titled "PAC $$ to Incumbents/Challengers"
left ("Y") axis of graph labeled "% of Total PAC Contributions"
bottom ("X") axis of graph labeled "Election Cycles"
graph labeled "Incumbents"
"PAC gap" Challengers with bottom line starting at 26 on the Y axis in 1979-80 (X axis), to 19 in 1981-82, to 17 in 1983-83, to 14 in 1985-86, to 12 in 1987-88; top line starting at 61 in 1979-80, to 66 in 1981-82, to 71 in 1983-84, to 69 in 1985-86, to 74 in 1987-88 (everything between two lines shaded)
Source: FEC; chart: Senate Republican Conference

Graph on next page:
Titled "PAC Contributions"
Y axis of chart labeled "$ millions" and spanning from 10 to 100 by 10's
X axis of chart labeled "Election Cycle"
Line labeled "Democrats" starting at 19.7 on the Y axis in 77-78, to 28.9 in 79-80, to 45.4 in 81-82, to 61.3 in 83-84, to 78.9 in 85-86, to 98.4 in 87-88
Line labeled "Republicans" starting at 15.3 on the Y axis in 77-78, to 26.2 in 79-80, to 38.2 in 81-82, to 45.4 in 83-84, to 60.9 in 85-86, to 60.8 in 87-88

Pie chart on next page:
Titled "Total Number of PACs"
608 PACs in 1974 $$$$
4,268 PACs in 1988 $ (600% increase)

Graph on next page:
Titled "Congressional PAC Contributions"
Y axis of chart labeled "$ Millions"
X axis of chart labeled "Election year" and spanning from 60 to 150 by 10's
line starting at 55.2 in 1979-80, to 83.6 in 1981-82, to 105.3 in 1983-84, to 132.7 in 1985-86, to 147.9 in 1987-88; everything below line shaded
Source: FEC; Chart: Senate Republican Conference

Graph on next page:
Titled "Corporate PAC Contributions"
Y axis of graph labeled "Percent" and spanning from 10 to 100 by 10's
X axis of graph labeled "Election Year"
top line labeled "Incumbent" starting at 59 in 77-78, to 57 in 79-80, to 72 in 81-82, to 77.3 in 83-84, to 76 in 85-86, to 80 in 87-88
bottom line labeled "Challenger" starting at 20 in 77-78, to 31 in 79-80, to 13.4 in 81-82, to 11 in 83-84, to 8 in 85-86, to 7 in 87-88
Source: Almanac of Federal PAC's
Chart: Senate Republican Conference