I
105TH CONGRESS
1ST SESSION
H. R. 1614
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
MAY 14, 1997
Mr. WHITE (for himself, Mrs. MALONEY of New York, Mr. FRANKS of New
Jersey, Mr. DINGELL, Mr. HORN, Mr. ANDREWS, Mr. BARCIA, Mr.
BARRETT of Wisconsin, Mr. BENTSEN, Mr. BLUMENAUER, Mr. BROWN
of California, Mr. CASTLE, Mr. CONYERS, Mr. DELLUMS, Mr. DIXON,
Mr. DOOLITTLE, Mr. ENGLISH of Pennsylvania, Mr. ETHERIDGE, Ms.
ESHOO, Mr. FATTAH, Mr. FRELINGHUYSEN, Mr. GILCHREST, Mr. GON-
ZALEZ, Mr. GREENWOOD, Mr. HAMILTON, Mr. HASTINGS of Florida, Mr.
HINCHEY, Mr. HOUGHTON, Mr. KENNEDY of Rhode Island, Ms. KIL-
PATRICK, Mr. KLECZKA, Mr. KLINK, Mr. KUCINICH, Mr. LIPINSKI, Ms.
LOFGREN, Mrs. LOWEY, Ms. MCCARTHY of Missouri, Mr. MCDERMOTT,
Mr. MCHALE, Mr. METCALF, Ms. MILLENDER-MCDONALD, Mr. MILLER
of California, Mr. MINGE, Mrs. MINK of Hawaii, Mrs. MORELLA, Mr.
NADLER, Mr. OWENS, Mr. PETRI, Mr. POSHARD, Mr. RAHALL, Mr.
RAMSTAD, Ms. RIVERS, Mr. SAWYER, Mr. SMITH of Michigan, Mr.
STRICKLAND, Mr. STUPAK, Mr. TAYLOR of Mississippi, Mrs. THURMAN,
Mr. TORRES, Mr. WISE, 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 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 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 1997’’.
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 July 1, 1998, or 240
days after the appointment of its members (whichever oc-
curs earlier), the Commission shall submit to the Presi-
dent, the Speaker and minority leader of the House of
Representatives, 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.
SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF
LEGISLATION.
(a) IN GENERAL.—If any legislation is introduced the
substance of which implements a recommendation of the
Commission submitted under section 6(b) (including a
joint resolution proposing an amendment to the Constitu-
tion), subject to subsection (b), the provisions of section
2908 (other than subsection (a)) of the Defense Base Clo-
sure and Realignment Act of 1990 shall apply to the con-
sideration of the legislation in the same manner as such
provisions apply to a joint resolution described in section
2908(a) of such Act.
(b) SPECIAL RULES.—For purposes of applying sub-
section (a) with respect to such provisions, the following
rules shall apply:
(1) 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 Representatives and any
reference to the Committee on Armed Services of the
Senate shall be deemed a reference to the Committee
on Rules and Administration of the Senate.
(2) Any reference to the date on which the
President transmits a report shall be deemed a ref-
erence to the date on which the recommendation in-
volved is submitted under section 6(b).
(3) Notwithstanding subsection (d)(2) of sec-
tion 2908 of such Act—
(A) debate on the legislation in the House
of Representatives, and on all debatable mo-
tions and appeals in connection with the legisla-
tion, shall be limited to not more than 10
hours, divided equally between those favoring
and those opposing the legislation;
(B) debate on the legislation in the Senate,
and on all debatable motions and appeals in
connection with the legislation, shall be limited
to not more than 10 hours, divided equally be-
tween those favoring and those opposing the
legislation; and
(C) debate in the Senate on any single de-
batable motion and appeal in connection with
the legislation shall be limited to not more than
1 hour, divided equally between the mover and
the manager of the bill (except that in the event
the manager of the bill is in favor of any such
motion or appeal, the time in opposition thereto
shall be controlled by the minority leader or his
designee), and the majority and minority leader
may each allot additional time from time under
such leader’s control to any Senator during the
consideration of any debatable motion or ap-
peal.
SEC. 8. TERMINATION.
The Commission shall cease to exist 90 days after
the date of the submission of its report under section 6.
SEC. 9. 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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