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104TH CONGRESS

2D SESSION H. R. 4327

To establish a temporary commission to recommend reforms in the laws

relating to elections for Federal office.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. WHITE (for himself and Mr. HORN) introduced the following bill; which

was referred to the Committee on House Oversight, and in addition to

the Committee on Rules, 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 establish a temporary commission to recommend reforms

in the laws relating to elections for Federal office.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bipartisan Commission

5 on Campaign Practices Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) for Congress to address the existing prob9 lems in the Federal election laws, Congress must act
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1 in a nonpartisan manner and engage in a debate

2 based on academic studies and empirical findings in3 stead of partisan rhetoric;

4 (2) when addressing Federal election laws, Con5 gress must be cognizant of the freedoms of speech

6 and association protected under the Constitution;

7 and

8 (3) the current Federal election laws unduly

9 favor incumbent Members of Congress, and, in pre10 vious years, Congress has not been able to eliminate

11 this bias when addressing the reform of the Federal

12 election laws.

13 SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION.

14 There is established a commission to be known as the

15 ‘‘Bipartisan Commission on Campaign Practices’’ (re16 ferred to in this Act as the ‘‘Commission’’). The purposes

17 of the Commission are to study the laws relating to elec18 tions for Federal office and to report and recommend leg19 islation to reform those laws.

20 SEC. 4. MEMBERSHIP OF COMMISSION.

21 (a) APPOINTMENT.—The Commission shall be com22 posed of 12 members appointed within 15 days after the

23 date of the enactment of this Act by the President, by

24 and with the advice and consent of the Senate, from

25 among individuals who are not incumbent Members of
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1 Congress and who are specially qualified to serve on the

2 Commission by reason of education, training, or experi3 ence. In making appointments, the President shall con4 sult—

5 (1) the Speaker of the House of Representa6 tives with respect to the appointment of 3 members,

7 one of whom is not affiliated with either the Repub8 lican Party or the Democratic Party;

9 (2) the majority leader of the Senate with re10 spect to the appointment of 3 members, one of

11 whom is not affiliated with either the Republican

12 Party or the Democratic Party;

13 (3) the minority leader of the House of Rep14 resentatives with respect to the appointment of 2

15 members, one of whom is not affiliated with either

16 the Republican Party or the Democratic Party; and

17 (4) the minority leader of the Senate with re18 spect to the appointment of 2 members, one of

19 whom is not affiliated with either the Republican

20 Party or the Democratic Party.

21 (b) CHAIRMAN.—At the time of the appointment, the

22 President shall designate one member of the Commission

23 as Chairman of the Commission. The Chairman may not

24 be affiliated with either the Republican Party or the

25 Democratic Party.
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1 (c) TERMS.—The members of the Commission shall

2 serve for the life of the Commission.

3 (d) VACANCIES.—A vacancy in the Commission shall

4 be filled in the manner in which the original appointment

5 was made.

6 (e) POLITICAL AFFILIATION.—Not more than 4

7 members of the Commission may be of the same political

8 party.

9 SEC. 5. POWERS OF COMMISSION.

10 (a) HEARINGS.—The Commission may, for the pur11 pose of carrying out this Act, hold hearings, sit and act

12 at times and places, take testimony, and receive evidence

13 as the Commission considers appropriate.

14 (b) QUORUM.—Seven members of the Commission

15 shall constitute a quorum, but a lesser number may hold

16 hearings. A majority of the full Commission is required

17 when approving all or a portion of the recommended legis18 lation. Any member of the Commission may, if authorized

19 by the Commission, take any action which the Commission

20 is authorized to take under this section.

21 SEC. 6. ADMINISTRATIVE PROVISIONS.

22 (a) PAY AND TRAVEL EXPENSES OF MEMBERS.—(1)

23 Each member of the Commission, other than the Chair24 man, shall be paid at a rate equal to the daily equivalent

25 of the annual rate of basic pay payable for level IV
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1 of the Executive Schedule under section 5315 of title 5,

2 United States Code, for each day (including travel time)

3 during which the member is engaged in the actual per4 formance of duties vested in the Commission. The Chair5 man shall be paid for each day referred to in the preceding

6 sentence at a rate equal to the daily equivalent of the an7 nual rate of basic pay payable for level III of the Executive

8 Schedule under section 5314 of title 5, United States

9 Code.

10 (2) Members of the Commission shall receive travel

11 expenses, including per diem in lieu of subsistence, in ac12 cordance with sections 5702 and 5703 of title 5, United

13 States Code.

14 (b) STAFF DIRECTOR.—The Commission shall, with15 out regard to section 5311(b) of title 5, United States

16 Code, appoint a staff director, who shall be paid at the

17 rate of basic pay payable for level IV of the Executive

18 Schedule under section 5315 of title 5, United States

19 Code.

20 (c) STAFF OF COMMISSION; SERVICES.—

21 (1) IN GENERAL.—Subject to such rules as may

22 be adopted by the Commission, the Chair, without

23 regard to the provisions of title 5, United States

24 Code, governing appointments in the competitive

25 service and without regard to the provisions of chap-
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1 ter 51 and subchapter III of chapter 53 of that title

2 relating to classifications and General Schedule pay

3 rates, may appoint such personnel as the chair con4 siders necessary, except that an individual so ap5 pointed may not receive pay in excess of the maxi6 mum annual rate of basic pay payable for grade

7 GS–15 of the General Schedule under section 5332

8 of title 5, United States Code.

9 (2) TEMPORARY AND INTERMITTENT SERV10 ICES.—The Chair may procure temporary and inter11 mittent services to the same extent as is authorized

12 by section 3109(b) of title 5, United States Code.

13 SEC. 7. REPORT AND RECOMMENDED LEGISLATION.

14 (a) REPORT.—Not later than 90 days after the selec15 tion of the Chair of the Commission, the Commission shall

16 submit to the Congress a report of the activities of the

17 Commission.

18 (b) RECOMMENDATIONS.—The report under sub19 section (a) shall include any recommendations for changes

20 in the laws (including regulations) governing the conduct21 ing and financing of Federal campaigns, including any

22 changes in the rules of the Senate or the House of Rep23 resentatives, to which 7 or more members of the Commis24 sion may agree.
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1 (c) PREPARATION OF LEGISLATION.—If 7 or more

2 members concur on a recommendation submitted under

3 subsection (b), those members shall prepare and submit

4 with the report under subsection (a) legislation to imple5 ment the recommendation.

6 (d) EXPEDITED CONGRESSIONAL CONSIDERATION

7 OF LEGISLATION.—

8 (1) IN GENERAL.—If any legislation is intro9 duced the substance of which implements a rec10 ommendation of the Commission submitted under

11 subsection (b), subject to paragraph (2), the provi12 sions of section 2908 (other than subsection (a)) of

13 the Defense Base Closure and Realignment Act of

14 1990 shall apply to the consideration of the legisla15 tion in the same manner as such provisions apply to

16 a joint resolution described in section 2908(a) of

17 such Act.

18 (2) SPECIAL RULES.—For purposes of applying

19 paragraph (1) with respect to such provisions, the

20 following rules shall apply:

21 (A) Any reference to the Committee on

22 Armed Services of the House of Representatives

23 shall be deemed a reference to the Committee

24 on House Oversight of the House of Represent25 atives and any reference to the Committee on
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1 Armed Services of the Senate shall be deemed

2 a reference to the Committee on Rules and Ad3 ministration of the Senate.

4 (B) Any reference to the date on which the

5 President transmits a report shall be deemed a

6 reference to the date on which the recommenda7 tion involved is submitted under subsection (b).

8 (C) Notwithstanding subsection (d)(2) of

9 section 2908 of such Act—

10 (i) it shall be in order to consider an

11 amendment in the nature of a substitute to

12 the legislation offered by the majority lead13 er of the House of Representatives or the

14 Senate (as the case may be);

15 (ii) it shall be in order to consider an

16 amendment in the nature of a substitute to

17 the legislation offered by the minority lead18 er of the House of Representatives or the

19 Senate (as the case may be);

20 (iii) a separate vote shall be taken in

21 each House on adoption of each of the

22 amendments offered and on the legislation

23 as introduced; and

24 (iv) if more than one version of the

25 legislation is adopted by a House pursuant
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1 to clause (iii), the version receiving the

2 greatest number of votes in favor of adop3 tion shall be deemed to be legislation

4 passed by that House.

5 SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION.

6 In formulating its draft of legislation under section

7 7, the Commission shall consider the following to be its

8 primary objectives:

9 (1) Encouraging fair and open Federal elections

10 that provide voters with meaningful information

11 about candidates and issues.

12 (2) Eliminating the disproportionate influence

13 of special interest financing of Federal elections.

14 (3) Creating a system in which incumbent

15 Members of Congress do not possess an inherent ad16 vantage over challengers.

17 SEC. 9. TERMINATION.

18 The Commission shall cease to exist 60 days after

19 the date of the submission of its report under section 7.

20 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the Com22 mission such sums as are necessary to carry out its duties

23 under this Act.

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