[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4759 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4759
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for election for Federal office.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2006
Mr. Doolittle (for himself, Mr. Herger, Mr. Sam Johnson of Texas, and
Mr. McKeon) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for election for Federal office.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The proliferation of campaign finance laws (beginning
with the Federal Election Campaign Act of 1971) and the
proliferation of government regulations promulgated pursuant to
such laws have placed strict limits on contributions by
citizens to the candidates of their choice, limits which have
served to severely hinder the ability of challengers to compete
on equal terms with incumbent politicians.
(2) The contribution limits imposed by the Federal Election
Campaign Act of 1971 force candidates to raise funds in small
amounts subject to fixed limitations, inevitably fostering a
system under which wealthy candidates and long-term incumbent
politicians hold an unfair financial advantage, which in turn
serves to discourage potential candidates from seeking public
office.
(3) The current campaign finance laws have inhibited the
full and fair discussion of public policy issues, as
challengers who are not well known to the electorate are forced
by government regulation to attempt to amass contributions from
large numbers of donors at the outset of a campaign. As a
result, challengers who lack the necessary resources to bring
new issues into the public debate often are eliminated from
political campaigns before their voices are even heard.
(4) The regulation by government of political speech
through the regulation of campaign contributions and
expenditures is patently undemocratic because it favors
institutionalized special interests over grassroots and citizen
activity by imposing burdensome reporting and disclosure
requirements and stringent spending limits on the political
parties, thereby tilting the financial and tactical advantage
in political campaigns to well-financed interest groups and
wealthy individuals.
(5) The effect of the unreasonably low contribution limits
has been to force more contributors and political activists to
operate outside the system, resulting in even less
accountability and even greater encouragement of irresponsible
behavior.
(6) The only way to encourage the robust discourse of
public issues and candidates, promote the free exchange of
political speech and ideas, protect constitutional freedom, and
foster a more informed electorate is to lift all current
restrictions on political candidate and party contributions and
expenditures and to provide full, instantaneous disclosure of
all contributions and expenditures in elections for Federal
office.
SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
2006.''.
SEC. 4. REPEAL OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY CORPORATIONS
AND LABOR ORGANIZATIONS.
Section 316(a) of the Federal Election Campaign Act of 1971 is
amended--
(1) by striking ``(a) It is unlawful'' and inserting
``(a)(1) It is unlawful''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to
elections occurring after December 2006.''.
SEC. 5. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with respect to
any presidential election (or any presidential nominating convention)
after December 31, 2006, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 2006.--The Secretary shall
transfer all amounts in the fund after December 31, 2006, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 2006.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``9014. Termination''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``9043. Termination''
SEC. 6. DISCLOSURE BY STATE AND LOCAL POLITICAL PARTIES OF INFORMATION
REPORTED UNDER STATE LAW.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
``(i) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 2007.
SEC. 7. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
(A) in subparagraph (A), by striking ``a person
required to file--'' and all that follows and inserting
the following: ``each person required to file a report
under this Act shall be required to maintain and file
such report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and inserting
``documents''; and
(C) in subparagraph (D), by striking ``means, with
respect to'' and all that follows and inserting the
following: ``means any report, designation, statement,
or notification required by this Act to be filed with
the Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended--
(A) by striking ``a designation, statement, report,
or notification'' and inserting ``each report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the report''.
(3) Software for filing of all reports.--Section 304(a)(12)
of such Act (2 U.S.C 434a(a)(12)), as added by section 306 of
the Bipartisan Campaign Reform Act of 2002, is amended--
(A) in subparagraph (A)(ii), by striking ``each
person required to file a designation, statement, or
report in electronic form'' and inserting ``each person
required to file a report (as defined in paragraph
(11)(D))''; and
(B) in subparagraph (B), by striking ``any
designation, statement, or report'' and inserting ``any
report (as defined in paragraph (11)(D))''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports to Be Made
Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C.
434(a)(6)(A)) is amended to read as follows:
``(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
2007.
SEC. 8. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 2007.
<all>