[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5374 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5374

 To amend the Federal Election Campaign Act of 1971 to ban soft money, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2006

  Mr. Linder introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Election Campaign Act of 1971 to ban soft money, 
                        and for other purposes.

    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 ``Ban it All, Ban it Now Act''.

SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT MONEY BY POLITICAL 
              PARTIES AND CANDIDATES.

    (a) In General.--Section 323 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441i) is amended to read as follows:

``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.

    ``(a) National Committees.--
            ``(1) In general.--A national committee of a political 
        party (including a national congressional or Senatorial 
        campaign committee of a political party) may not solicit, 
        receive, or direct to another person a contribution, donation, 
        or transfer of funds or any other thing of value, or spend any 
        funds, that are not subject to the limitations, prohibitions, 
        and reporting requirements of this Act.
            ``(2) Applicability.--The prohibition established by 
        paragraph (1) applies--
                    ``(A) to any such national committee, any officer 
                or agent acting on behalf of such a national committee, 
                and any entity that is directly or indirectly 
                established, financed, maintained, or controlled by 
                such a national committee; and
                    ``(B) to all activities of such committee and the 
                persons described in subparagraph (A), including the 
                construction or purchase of an office building or 
                facility, the influencing of the reapportionment 
                decisions of a State, and the financing of litigation 
                relating to the reapportionment decisions of a State.
    ``(b) State, District, and Local Committees.--Any amount that is 
expended or disbursed for Federal election activity by a State, 
district, or local committee of a political party (including an entity 
that is directly or indirectly established, financed, maintained, or 
controlled by a State, district, or local committee of a political 
party and an officer or agent acting on behalf of such committee or 
entity), or by an association or similar group of candidates for State 
or local office or individuals holding State or local office, shall be 
made from funds subject to the limitations, prohibitions, and reporting 
requirements of this Act.
    ``(c) Fundraising Costs.--An amount spent by a person described in 
subsection (a) or (b) to raise funds that are used, in whole or in 
part, for expenditures and disbursements for a Federal election 
activity shall be made from funds subject to the limitations, 
prohibitions, and reporting requirements of this Act.
    ``(d) Tax-Exempt Organizations.--A national, State, district, or 
local committee of a political party (including a national 
congressional or Senatorial campaign committee of a political party), 
an entity that is directly or indirectly established, financed, 
maintained, or controlled by any such national, State, district, or 
local committee or its agent, and an officer or agent acting on behalf 
of any such party committee or entity, shall not solicit any funds for, 
or make or direct any donations to--
            ``(1) an organization that is described in section 501(c) 
        of the Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of such Code (or has submitted an 
        application for determination of tax exempt status under such 
        section) and that makes expenditures or disbursements in 
        connection with an election for Federal office (including 
        expenditures or disbursements for Federal election activity); 
        or
            ``(2) an organization described in section 527 of such Code 
        (other than a political committee, a State, district, or local 
        committee of a political party, or the authorized campaign 
        committee of a candidate for State or local office).
    ``(e) Federal Candidates.--
            ``(1) In general.--A candidate, individual holding Federal 
        office, agent of a candidate or an individual holding Federal 
        office, or an entity directly or indirectly established, 
        financed, maintained or controlled by or acting on behalf of 1 
        or more candidates or individuals holding Federal office, shall 
        not--
                    ``(A) solicit, receive, direct, transfer, or spend 
                funds in connection with an election for Federal 
                office, including funds for any Federal election 
                activity, unless the funds are subject to the 
                limitations, prohibitions, and reporting requirements 
                of this Act; or
                    ``(B) solicit, receive, direct, transfer, or spend 
                funds in connection with any election other than an 
                election for Federal office or disburse funds in 
                connection with such an election unless the funds--
                            ``(i) are not in excess of the amounts 
                        permitted with respect to contributions to 
                        candidates and political committees under 
                        paragraphs (1), (2), and (3) of section 315(a); 
                        and
                            ``(ii) are not from sources prohibited by 
                        this Act from making contributions in 
                        connection with an election for Federal office.
            ``(2) State law.--Paragraph (1) does not apply to the 
        solicitation, receipt, or spending of funds by an individual 
        described in such paragraph who is also a candidate for a State 
        or local office solely in connection with such election for 
        State or local office if the solicitation, receipt, or spending 
        of funds is permitted under State law and refers only to such 
        State or local candidate, or to any other candidate for the 
        State or local office sought by such candidate, or both.
            ``(3) Fundraising events.--Notwithstanding paragraph (1), a 
        candidate or an individual holding Federal office may attend, 
        speak, or be a featured guest at a fundraising event for a 
        State, district, or local committee of a political party.
            ``(4) Limitation applicable for purposes of solicitation of 
        donations by individuals to certain organizations.--In the case 
        of the solicitation of funds by any person described in 
        paragraph (1) on behalf of any entity described in subsection 
        (d) which is made specifically for funds to be used for 
        activities described in clauses (i) and (ii) of section 
        301(20)(A), or made for any such entity which engages primarily 
        in activities described in such clauses, the limitation 
        applicable for purposes of a donation of funds by an individual 
        shall be the limitation set forth in section 315(a)(1)(D).
    ``(f) State Candidates.--
            ``(1) In general.--A candidate for State or local office, 
        individual holding State or local office, or an agent of such a 
        candidate or individual may not spend any funds for a 
        communication described in section 301(20)(A)(iii) unless the 
        funds are subject to the limitations, prohibitions, and 
        reporting requirements of this Act.
            ``(2) Exception for certain communications.--Paragraph (1) 
        shall not apply to an individual described in such paragraph if 
        the communication involved is in connection with an election 
        for such State or local office and refers only to such 
        individual or to any other candidate for the State or local 
        office held or sought by such individual, or both.''.
    (b) Conforming Certain Definitions.--
            (1) Federal election activity.--Section 301(20) of such Act 
        (2 U.S.C. 431) is amended to read as follows:
            ``(20) Federal election activity.--
                    ``(A) In general.--The term `Federal election 
                activity' means--
                            ``(i) voter registration activity;
                            ``(ii) voter identification, get-out-the-
                        vote activity, or generic campaign activity 
                        conducted in connection with an election in 
                        which a candidate for Federal office appears on 
                        the ballot (regardless of whether a candidate 
                        for State or local office also appears on the 
                        ballot); or
                            ``(iii) a public communication that refers 
                        to a clearly identified candidate for Federal 
                        office (regardless of whether a candidate for 
                        State or local office is also mentioned or 
                        identified) and that promotes or supports a 
                        candidate for that office, or attacks or 
                        opposes a candidate for that office (regardless 
                        of whether the communication expressly 
                        advocates a vote for or against a candidate).
                    ``(B) Excluded activity.--The term `Federal 
                election activity' does not include an amount expended 
                or disbursed by a State, district, or local committee 
                of a political party for--
                            ``(i) a public communication that refers 
                        solely to a clearly identified candidate for 
                        State or local office, if the communication is 
                        not a Federal election activity described in 
                        subparagraph (A)(i) or (ii);
                            ``(ii) a contribution to a candidate for 
                        State or local office, provided the 
                        contribution is not designated or used to pay 
                        for a Federal election activity described in 
                        subparagraph (A); or
                            ``(iii) the costs of grassroots campaign 
                        materials, including buttons, bumper stickers, 
                        and yard signs, that name or depict only a 
                        candidate for State or local office.''.
            (2) Mass mailing.--Section 301(23) of such Act (2 U.S.C. 
        431(23)) is amended by striking ``30-day period'' and inserting 
        ``1-year period''.
            (3) Telephone bank.--Section 301(24) of such Act (2 U.S.C. 
        431(24)) is amended by striking ``30-day period'' and inserting 
        ``1-year period''.

SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS AND LABOR 
              ORGANIZATIONS FOR NONPARTISAN VOTER REGISTRATION AND GET-
              OUT-THE-VOTE ACTIVITIES.

    Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441b(b)(2)) is amended by striking ``(B) nonpartisan 
registration and get-out-the-vote campaigns'' and all that follows 
through ``and (C)'' and inserting ``and (B)''.

SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE-VOTE ACTIVITIES BY 
              CERTAIN ORGANIZATIONS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by adding at the end the following new section:

  ``ban on use of nonfederal funds for get-out-the-vote activities by 
                         certain organizations

    ``Sec. 325.  (a) In General.--Any amount expended or disbursed for 
get-out-the-vote activities by any organization described in subsection 
(b) shall be made from amounts subject to the limitations, 
prohibitions, and reporting requirements of this Act.
    ``(b) Organizations Described.--An organization described in this 
subsection is--
            ``(1) an organization that is described in section 
        501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 and 
        exempt from taxation under section 501(a) of such Code (or has 
        submitted an application for determination of tax exempt status 
        under such section); or
            ``(2) an organization described in section 527 of such Code 
        (other than a State, district, or local committee of a 
        political party, a candidate for State or local office, or the 
        authorized campaign committee of a candidate for State or local 
        office).''.

SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN VOTER REGISTRATION 
              ACTIVITIES.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.), as amended by section 4, is further amended by adding at 
the end the following new section:

   ``ban on use of nonfederal funds for partisan voter registration 
                               activities

    ``Sec. 326.  No person may expend or disburse any funds for 
partisan voter registration activity which are not subject to the 
limitations, prohibitions, and reporting requirements of this Act.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring after December 2006.
                                 <all>