I
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 with-
in 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bipartisan Commission
on Campaign Practices Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) for Congress to address the existing prob-
lems in the Federal election laws, Congress must act
in a nonpartisan manner and engage in a debate
based on academic studies and empirical findings in-
stead of partisan rhetoric;
(2) when addressing Federal election laws, Con-
gress must be cognizant of the freedoms of speech
and association protected under the Constitution;
and
(3) the current Federal election laws unduly
favor incumbent Members of Congress, and, in pre-
vious years, Congress has not been able to eliminate
this bias when addressing the reform of the Federal
election laws.
SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the
‘‘Bipartisan Commission on Campaign Practices’’ (re-
ferred to in this Act as the ‘‘Commission’’). The purposes
of the Commission are to study the laws relating to elec-
tions for Federal office and to report and recommend leg-
islation to reform those laws.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 12 members appointed within 15 days after the
date of the enactment of this Act by the President, by
and with the advice and consent of the Senate, from
among individuals who are not incumbent Members of
Congress and who are specially qualified to serve on the
Commission by reason of education, training, or experi-
ence. In making appointments, the President shall con-
sult—
(1) the Speaker of the House of Representa-
tives with respect to the appointment of 3 members,
one of whom is not affiliated with either the Repub-
lican Party or the Democratic Party;
(2) the majority leader of the Senate with re-
spect to the appointment of 3 members, one of
whom is not affiliated with either the Republican
Party or the Democratic Party;
(3) the minority leader of the House of Rep-
resentatives with respect to the appointment of 2
members, one of whom is not affiliated with either
the Republican Party or the Democratic Party; and
(4) the minority leader of the Senate with re-
spect to the appointment of 2 members, one of
whom is not affiliated with either the Republican
Party or the Democratic Party.
(b) CHAIRMAN.—At the time of the appointment, the
President shall designate one member of the Commission
as Chairman of the Commission. The Chairman may not
be affiliated with either the Republican Party or the
Democratic Party.
(c) TERMS.—The members of the Commission shall
serve for the life of the Commission.
(d) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(e) POLITICAL AFFILIATION.—Not more than 4
members of the Commission may be of the same political
party.
SEC. 5. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence
as the Commission considers appropriate.
(b) QUORUM.—Seven members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings. A majority of the full Commission is required
when approving all or a portion of the recommended legis-
lation. Any member of the Commission may, if authorized
by the Commission, take any action which the Commission
is authorized to take under this section.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) PAY AND TRAVEL EXPENSES OF MEMBERS.—(1)
Each member of the Commission, other than the Chair-
man, shall be paid at a rate equal to the daily equivalent
of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time)
during which the member is engaged in the actual per-
formance of duties vested in the Commission. The Chair-
man shall be paid for each day referred to in the preceding
sentence at a rate equal to the daily equivalent of the an-
nual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
(2) Members of the Commission shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(b) STAFF DIRECTOR.—The Commission shall, with-
out regard to section 5311(b) of title 5, United States
Code, appoint a staff director, who shall be paid at the
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(c) STAFF OF COMMISSION; SERVICES.—
(1) IN GENERAL.—Subject to such rules as may
be adopted by the Commission, the Chair, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service and without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of that title
relating to classifications and General Schedule pay
rates, may appoint such personnel as the chair con-
siders necessary, except that an individual so ap-
pointed may not receive pay in excess of the maxi-
mum annual rate of basic pay payable for grade
GS–15 of the General Schedule under section 5332
of title 5, United States Code.
(2) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Chair may procure temporary and inter-
mittent services to the same extent as is authorized
by section 3109(b) of title 5, United States Code.
SEC. 7. REPORT AND RECOMMENDED LEGISLATION.
(a) REPORT.—Not later than 90 days after the selec-
tion of the Chair of the Commission, the Commission shall
submit to the Congress a report of the activities of the
Commission.
(b) RECOMMENDATIONS.—The report under sub-
section (a) shall include any recommendations for changes
in the laws (including regulations) governing the conduct-
ing and financing of Federal campaigns, including any
changes in the rules of the Senate or the House of Rep-
resentatives, to which 7 or more members of the Commis-
sion may agree.
(c) PREPARATION OF LEGISLATION.—If 7 or more
members concur on a recommendation submitted under
subsection (b), those members shall prepare and submit
with the report under subsection (a) legislation to imple-
ment the recommendation.
(d) EXPEDITED CONGRESSIONAL CONSIDERATION
OF LEGISLATION.—
(1) IN GENERAL.—If any legislation is intro-
duced the substance of which implements a rec-
ommendation of the Commission submitted under
subsection (b), subject to paragraph (2), the provi-
sions of section 2908 (other than subsection (a)) of
the Defense Base Closure and Realignment Act of
1990 shall apply to the consideration of the legisla-
tion in the same manner as such provisions apply to
a joint resolution described in section 2908(a) of
such Act.
(2) SPECIAL RULES.—For purposes of applying
paragraph (1) with respect to such provisions, the
following rules shall apply:
(A) Any reference to the Committee on
Armed Services of the House of Representatives
shall be deemed a reference to the Committee
on House Oversight of the House of Represent-
atives and any reference to the Committee on
Armed Services of the Senate shall be deemed
a reference to the Committee on Rules and Ad-
ministration of the Senate.
(B) Any reference to the date on which the
President transmits a report shall be deemed a
reference to the date on which the recommenda-
tion involved is submitted under subsection (b).
(C) Notwithstanding subsection (d)(2) of
section 2908 of such Act—
(i) it shall be in order to consider an
amendment in the nature of a substitute to
the legislation offered by the majority lead-
er of the House of Representatives or the
Senate (as the case may be);
(ii) it shall be in order to consider an
amendment in the nature of a substitute to
the legislation offered by the minority lead-
er of the House of Representatives or the
Senate (as the case may be);
(iii) a separate vote shall be taken in
each House on adoption of each of the
amendments offered and on the legislation
as introduced; and
(iv) if more than one version of the
legislation is adopted by a House pursuant
to clause (iii), the version receiving the
greatest number of votes in favor of adop-
tion shall be deemed to be legislation
passed by that House.
SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION.
In formulating its draft of legislation under section
7, the Commission shall consider the following to be its
primary objectives:
(1) Encouraging fair and open Federal elections
that provide voters with meaningful information
about candidates and issues.
(2) Eliminating the disproportionate influence
of special interest financing of Federal elections.
(3) Creating a system in which incumbent
Members of Congress do not possess an inherent ad-
vantage over challengers.
SEC. 9. TERMINATION.
The Commission shall cease to exist 60 days after
the date of the submission of its report under section 7.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission such sums as are necessary to carry out its duties
under this Act.
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