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.'
(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:
(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:
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.
END
