I
105TH CONGRESS
2D SESSION
H. R. 3502
To establish the Independent Commission on Campaign Finance Reform
to recommend reforms in the laws relating to the financing of political
activity.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1998
Mr. WHITE (for himself, Mrs. MALONEY of New York, Mr. FRANKS of New
Jersey, Mr. DINGELL, Mr. HORN, Mr. ACKERMAN, Mr. BARCIA, Mr.
BARRETT of Wisconsin, Mr. BLAGOJEVICH, Mr. BLUMENAUER, Mr.
BROWN of California, Mr. BROWN of Ohio, Ms. CARSON, Mr. CASTLE,
Ms. CHRISTIAN-GREEN, Mr. CLEMENT, Mr. CONYERS, Mr. DEFAZIO,
Ms. DEGETTE, Mr. DOOLEY of California, Mr. ENGEL, Mr. ENGLISH of
Pennsylvania, Ms. ESHOO, Mr. ETHERIDGE, Mr. FOLEY, Mr. FOX of
Pennsylvania, Mr. FRELINGHUYSEN, Mr. GIBBONS, Mr. GILCHREST, Mr.
GREENWOOD, Mr. HAMILTON, Mr. HINCHEY, Mr. HOUGHTON, Ms. KAP-
TUR, Mr. KLUG, Mr. LOBIONDO, Ms. LOFGREN, Mr. LUTHER, Mr.
MALONEY of Connecticut, Mr. MANTON, Ms. MCCARTHY of Missouri, Mr.
MCHALE, Mr. METCALF, Ms. MILLENDER-MCDONALD, Mr. MILLER of
California, Mr. MINGE, Mr. MORAN of Virginia, Mrs. MORELLA, Mr.
NADLER, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr. PETRI, Mr.
POSHARD, Mr. RAMSTAD, Mr. RIGGS, Ms. RIVERS, Mr. ROTHMAN, Mr.
RUSH, Mr. SAWYER, Mr. SCHUMER, Mr. SERRANO, Mr. SKAGGS, Mr.
SMITH of Michigan, Mr. SNYDER, Ms. STABENOW, Mr. STRICKLAND, Mr.
TAUZIN, Mr. TAYLOR of Mississippi, and Ms. WOOLSEY) 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 subse-
quently 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 the Independent Commission on Campaign Fi-
nance Reform to recommend reforms in the laws relating
to the financing of political activity.
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 ‘‘Independent Commis-
sion on Campaign Finance Reform Act of 1998’’.
SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the
‘‘Independent Commission on Campaign Finance Reform’’
(referred to in this Act as the ‘‘Commission’’). The pur-
poses of the Commission are to study the laws relating
to the financing of political activity and to report and rec-
ommend legislation to reform those laws.
SEC. 3. MEMBERSHIP OF COMMISSION.
(a) COMPOSITION.—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 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.
(b) APPOINTMENT.—
(1) IN GENERAL.—Members shall be appointed
as follows:
(A) 3 members (one of whom shall be a
political independent) shall be appointed from
among a list of nominees submitted by the
Speaker of the House of Representatives.
(B) 3 members (one of whom shall be a
political independent) shall be appointed from
among a list of nominees submitted by the ma-
jority leader of the Senate.
(C) 3 members (one of whom shall be a po-
litical independent) shall be appointed from
among a list of nominees submitted by the mi-
nority leader of the House of Representatives.
(D) 3 members (one of whom shall be a
political independent) shall be appointed from
among a list of nominees submitted by the mi-
nority leader of the Senate.
(2) FAILURE TO SUBMIT LIST OF NOMINEES.—
If an official described in any of the subparagraphs
of paragraph (1) fails to submit a list of nominees
to the President during the 15-day period which be-
gins on the date of the enactment of this Act—
(A) such subparagraph shall no longer
apply; and
(B) the President shall appoint 3 members
(one of whom shall be a political independent)
who meet the requirements described in sub-
section (a) and such other criteria as the Presi-
dent may apply.
(3) POLITICAL
INDEPENDENT
DEFINED.—In
this subsection, the term ‘‘political independent’’
means an individual who at no time after January
1992—
(A) has held elective office as a member of
the Democratic or Republican party;
(B) has received any wages or salary from
the Democratic or Republican party or from a
Democratic or Republican party office-holder or
candidate; or
(C) has provided substantial volunteer
services or made any substantial contribution to
the Democratic or Republican party or to a
Democratic or Republican party office-holder or
candidate.
(c) CHAIRMAN.—At the time of the appointment, the
President shall designate one member of the Commission
as Chairman of the Commission.
(d) TERMS.—The members of the Commission shall
serve for the life of the Commission.
(e) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(f) POLITICAL AFFILIATION.—Not more than 4
members of the Commission may be of the same political
party.
SEC. 4. 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. In carrying out
the preceding sentence, the Commission shall ensure that
a substantial number of its meetings are open meetings,
with significant opportunities for testimony from members
of the general public.
(b) QUORUM.—Seven members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings. The approval of at least 9 members of the Com-
mission is required when approving all or a portion of the
recommended legislation. Any member of the Commission
may, if authorized by the Commission, take any action
which the Commission is authorized to take under this sec-
tion.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) PAY AND TRAVEL EXPENSES OF MEMBERS.—(1)
Each member of the Commission 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 en-
gaged in the actual performance of duties vested in the
Commission.
(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.—With the approval of the
Commission, the staff director of the Commission
may appoint and fix the pay of additional personnel.
The Director may make such appointments without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except
that an individual so appointed may not receive pay
in excess of the maximum annual rate of basic pay
payable for grade GS–15 of the General Schedule
under section 5332 of title 5, United States Code.
(2) EXPERTS AND CONSULTANTS.—The Com-
mission may procure by contract the temporary or
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code.
SEC. 6. REPORT AND RECOMMENDED LEGISLATION.
(a) REPORT.—Not later than the expiration of the
180-day period which begins on the date on which the sec-
ond session of the One Hundred Fifth Congress adjourns
sine die, the Commission shall submit to the President,
the Speaker and minority leader of the House of Rep-
resentatives, and the majority and minority leaders of the
Senate a report of the activities of the Commission.
(b) RECOMMENDATIONS; DRAFT OF LEGISLATION.—
The report under subsection (a) shall include any rec-
ommendations for changes in the laws (including regula-
tions) governing the financing of political activity, includ-
ing any changes in the rules of the Senate or the House
of Representatives, to which 9 or more members of the
Commission may agree, together with drafts of—
(1) any legislation (including technical and con-
forming provisions) recommended by the Commis-
sion to implement such recommendations; and
(2) any proposed amendment to the Constitu-
tion recommended by the Commission as necessary
to implement such recommendations, except that if
the Commission includes such a proposed amend-
ment in its report, it shall also include recommenda-
tions (and drafts) for legislation which may be im-
plemented prior to the adoption of such proposed
amendment.
(c) GOALS OF RECOMMENDATIONS AND LEGISLA-
TION.—In making recommendations and preparing drafts
of legislation under this section, the Commission shall con-
sider the following to be its primary goals:
(1) Encouraging fair and open Federal elections
which provide voters with meaningful information
about candidates and issues.
(2) Eliminating the disproportionate influence
of special interest financing of Federal elections.
(3) Creating a more equitable electoral system
for challengers and incumbents.