[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 94 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 94
To provide a comprehensive congressional campaign financing reform to
encourage grassroots campaign giving, lessen the role of special
economic interests, prohibit the use of soft money, discourage
candidate expenditures of personal wealth, and otherwise restore
greater competitive balance to the congressional electoral process.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21 (legislative day, January 5), 1993
Mr. Domenici introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To provide a comprehensive congressional campaign financing reform to
encourage grassroots campaign giving, lessen the role of special
economic interests, prohibit the use of soft money, discourage
candidate expenditures of personal wealth, and otherwise restore
greater competitive balance to the congressional electoral process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act shall be
known as the ``Grassroots Campaigning and Election Reform Act of
1993''.
reliance on in-state contributions
Sec. 2. (a) Chapter 2, section 441 of title 2, United States Code,
is amended by inserting a new subsection (h), and relettering
subsequent sections appropriately:
``(h)(1) It shall be unlawful for any candidate for the Senate of
the United States or the House of Representatives of the United States
to solicit or accept any funds for the purposes of election to the
Senate or the House of Representatives from any individual,
organization, or political action committee that does not reside or
have its headquarters within the State from which such candidate seeks
election.
``(2) Each contributor to a candidate under the terms of paragraph
(1) of this subsection shall provide evidence of the State of residence
of such contributor, pursuant to limits described in paragraph (3) of
this subsection.
``(3)(A) For the purpose of determining the accuracy of any
declaration of residence by a contributor, each candidate for the
Congress of the United States shall maintain records of the home State
of each contributor.
``(B) It shall be presumed that a contributor is a resident of the
candidate's State if the contribution is made in the form of a check
drawn on a bank within such State, and if the contribution is
physically presented to the candidate or his agent in such State or
mailed in an envelope postmarked in such State.
``(C) For any contribution in cash in excess of $99, such name and
address shall be accompanied by a notarized statement attesting to the
accuracy of such name and address.
``(D) Notwithstanding the provisions of subparagraph (B) of this
subsection, any contribution in excess of $499 shall be accompanied by
a notarized statement attesting to the accuracy of the name and address
of the contributor.
``(E) Any contribution from a political party to a candidate shall
be accompanied by a notarized statement as to the residence of the
contributors of such funds.
``(4) Any contribution that fails to meet the criteria described in
paragraph (3) of this subsection shall, within ten days of receipt, be
returned to the contributor, if known, or given to a nonpolitical
health or educational charitable organization of the candidate's choice
within the candidate's State.
``(5) Each violation of this section shall subject the candidate to
a civil penalty of $1,000''.
(b)(1) As of January 31, 1993, each Member of the Senate of the
United States elected in 1992 and each Member of the House of
Representatives of the United States shall rebate to each Member's
contributors, on a pro rata basis, all campaign funds retained as of
January 1, 1993, or donate such funds to a nonpolitical health or
educational charitable organization of the Member's choice within the
Member's State.
(2) As of January 31, 1993, each Member of the Senate of the United
States who was not a candidate for election in 1992 shall rebate to
each Member's contributors, on a pro rata basis, all campaign funds
raised as of such date, or donate such funds to a nonpolitical health
or educational charitable organization of the Member's choice within
the Member's State.
(3) Any funds not rebated or contributed pursuant to this
subsection shall subject the Member to a civil penalty equal to twice
the sums involved.
limitations on political action committees
Sec. 3. (a) Chapter 2, section 441b of title 2, United States Code,
is amended by deleting all of the text following subsection (b)(2)(B).
(b) Chapter 2, section 441a(a)(2) of title 2, United States Code,
is amended by striking out ``5,000'' and inserting in lieu thereof
``500'' in subsection (A), and by placing a period after the word
``committee'' and striking all that follows in subsection (C).
(c) Chapter 2, section 441b of title 2, United States Code, is
amended by inserting the following as a new subparagraph ``(C)'':
``(c) It is unlawful for any bank, labor organization, or
corporation referred to in subparagraph (a) of this section to make any
contribution or expenditure for the establishment, administration, or
solicitation of contributions to any political committee.''.
use of personal wealth for campaign purposes
Sec. 4. Chapter 2, section 441 of title 2, United States Code, is
amended by inserting a new subsection (i), and relettering subsequent
sections appropriately:
``(i)(1)(A) Within fifteen days after a candidate qualifies for the
ballot, under applicable State law, such candidate shall file with the
Commission, a declaration stating whether or not such candidate intends
to expend, in the aggregate:
``(i) At least $250,000, if a candidate for the Senate of
the United States, or
``(ii) At least $100,000, if a candidate for the House of
Representatives of the United States,
from his personal funds, and the funds of his immediate family, and
incur personal loans in excess of such amount, in connection with his
campaign for such office.
``(B) For purposes of this subsection, `immediate family' means a
candidate's spouse, and any child, stepchild, parent, grandparent,
brother, sister, half-brother, or half-sister of the candidate, and the
spouse of any such person and any child, stepchild, parent,
grandparent, brother, half-brother, sister, of half-sister of the
candidate's spouse, and the spouse of any such person.
``(C) The statement required by this subsection shall be in such
form, and shall contain such information, as the Commission may, by
regulation, require.
``(2) Notwithstanding any other provision of law, in any election
in which a candidate declares that he intends to expend more than the
limits described in subparagraph (A) of paragraph (1), or does expend
and incur loans in excess of such limits, or fails to file the
declaration required by this subsection, the limitations on
contributions in subsection (h) of this section, as they apply to all
other candidates in such election in such State, shall be waived and
the limitations on contributions in subsection (a) of this section, as
they apply to all other individuals running for such office, shall be
increased for such election as follows:
``(A) The limitations provided in subsection (a)(1)(A)
shall be increased to an amount equal to 1000 per centum of
such limitation, and
``(B) The limitations provided in subsection (a)(3) shall
be increased to an amount equal to 150 percentum of such
limitation, but only to the extent that contributions above
such limitation are made to candidates affected by the
increased levels provided in subparagraph (A).
``(3) If the limitations described in paragraph (2) of this
subsection are increased pursuant to paragraph (2) for a convention or
a primary election, as they relate to an individual candidate, and such
individual candidate is not a candidate in any subsequent election in
such campaign, including the general election, the provisions of
paragraph (2) shall no longer apply.
``(4) Any candidate who--
``(A) declares, pursuant to subparagraph (1) of this
paragraph that he does not intend to expend, in the aggregate,
more than the limits described in subparagraph (1)(A); and
``(B) subsequently does expend and incur loans in excess of
such amounts, or intends to expend and incur loans in excess of
such amounts,
such candidate shall notify and file an amended declaration with the
Commission and shall notify all other candidates for such office within
twenty-four hours after changing such declaration or exceeding such
limits, whichever first occurs, by sending such notice by certified
mail, return receipt requested. Failure to so notify and so file shall
subject such candidate to a civil penalty equal to twice the fund so
expended.
``(5) Any candidate who incurs personal loans in connection with
his campaign under this Act shall not repay, either directly or
indirectly, such loans from any contributions made to such candidate or
any authorized committee of such candidate, if such contribution was
made following the date of such election.
``(6) Notwithstanding any other provision of law, no candidate
under this title may make expenditures from his personal funds or the
personal funds of his immediate family, or incur personal loans in
connection with his campaign for election to such office at any time
after ninety days before the date of such election, or twenty-four
hours after the primary election for such office, whichever date shall
later occur. The provisions of this paragraph shall apply to all
candidates regardless of whether such candidate has reached the limits
provided in paragraph (1) of this subsection. Violation of this
paragraph shall subject such violator to a civil penalty three times
the funds so expended.
``(7) The Commission shall take such action as it deems necessary
under the enforcement provisions of this Act to assure compliance with
the provisions of this subsection.''.
soft money
Sec. 5. (a) At the appropriate place in the Federal Election
Campaign Act of 1971 (2 U.S.C. 441), insert the following new section:
``( ) (A) Any amount solicited, received or spent by a national,
State, or local committee of a political party, directly or indirectly,
shall be subject to the provisions of this Act, if such amount is
solicited, received, or spent in connection with a Federal election. No
part of such amount may be allocated to a non-Federal account or
otherwise maintained in, or paid from, an account that is not subject
to this Act. This section shall not apply to amounts described in
section 431 (b)(B)(viii) of title 2.
``(B) For purposes of this section, the term ``in connection with a
Federal election'' includes any activity that may affect a Federal
election, including but not limited to the following:
``(1) Voter registration and get-out-the-vote activities;
``(2) Generic activities, including but not limited to any
broadcasting, newspaper, magazine, billboard, mail, or similar
type of communication or public advertising;
``(3) Campaign materials which identify a Federal
candidate, regardless of any other candidate who may also be
identified.''.
severability
Sec. 6. If any provision of this Act, or any amendment made by this
Act, or the application of any such provision to any person or
circumstance is held invalid, the validity of any other such provision,
and the application of such provision to other persons and
circumstances, shall not be affected thereby.
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