[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 812 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 812

To establish an independent commission to recommend reforms in the laws 
               relating to elections for Federal office.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 1997

   Mr. Kohl introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To establish an independent commission to recommend reforms in the laws 
               relating to elections for Federal office.

    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 ``Campaign Finance Reform Commission 
Act of 1997''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a Commission to be known 
as the ``Federal Election Law Reform Commission'' (referred to in this 
Act as the ``Commission'').
    (b) Membership.--
            (1) Appointments.--The Commission shall be comprised of 8 
        qualified members, who shall be appointed not later than the 
        date that is 30 days after the date of enactment of this Act as 
        follows:
                    (A) Appointments by majority leader and speaker.--
                The Majority Leader of the Senate and the Speaker of 
                the House of Representatives shall jointly appoint to 
                the Commission--
                            (i) 1 member who is a retired Federal judge 
                        as of the date on which the appointment is 
                        made;
                            (ii) 1 member who is a former Member of 
                        Congress as of the date on which the 
                        appointment is made; and
                            (iii) 1 member who is from the academic 
                        community.
                    (B) Appointments by minority leaders.--The Minority 
                Leader of the Senate and the Minority Leader of the 
                House of Representatives shall jointly appoint to the 
                Commission--
                            (i) 1 member who is a retired Federal judge 
                        as of the date on which the appointment is 
                        made; and
                            (ii) 1 member who is a former Member of 
                        Congress as of the date on which the 
                        appointment is made.
                    (C) Appointment by president.--The President shall 
                appoint to the Commission 1 member who is from the 
                academic community.
                    (D) Appointments by commission members.--The 
                members appointed under subparagraphs (A), (B), and (C) 
                shall jointly appoint 2 members to the Commission, 
                neither of whom shall have held any elected or 
                appointed public or political party office, including 
                any position with an election campaign for Federal 
                office, during the 10 years preceding the date on which 
                the appointment is made.
            (2) Qualifications.--
                    (A) In general.--A person shall not be qualified 
                for an appointment under this subsection if the person, 
                during the 10-year period preceding the date on which 
                the appointment is made--
                            (i) held a position under schedule C of 
                        subpart C of part 213 of title 5, Code of 
                        Federal Regulations;
                            (ii) was an employee of the legislative 
                        branch of the Federal Government, not including 
                        any service as a Member of Congress; or
                            (iii) was required to register under the 
                        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
                        et seq.) or derived a significant income from 
                        influencing, or attempting to influence, 
                        members or employees of the executive branch or 
                        legislative branch of the Federal Government.
                    (B) Party affiliations.--Not more than 4 members of 
                the Commission shall be members of, or associated with, 
                the same political party (as defined in section 301 of 
                the Federal Election Campaign Act of 1971 (2 U.S.C. 
                431)).
            (3) Chairperson and vice chairperson.--
                    (A) Designation by commission members.--The members 
                of the Commission shall designate a chairperson and a 
                vice chairperson from among the members of the 
                Commission.
                    (B) Party affiliations.--The chairperson shall be a 
                member of, or associated with, a political party other 
                than the political party of the vice chairperson.
            (4) Financial disclosure.--Not later than 60 days after 
        appointment to the Commission, a member of the Commission shall 
        file with the Secretary of the Senate, the Office of the Clerk 
        of the House of Representatives, and the Federal Election 
        Commission a report containing the information required by 
        section 102 of the Ethics in Government Act of 1978 (5 U.S.C. 
        App.).
            (5) Period of appointment; vacancies.--
                    (A) Period of appointment.--A member of the 
                Commission shall be appointed for the life of the 
                Commission.
                    (B) Vacancy.--Any vacancy in the Commission shall--
                            (i) not affect the powers of the 
                        Commission; and
                            (ii) be filled in the same manner as the 
                        original appointment.
            (6) Termination of commission.--The Commission shall 
        terminate on the date that is 1 year after the date of 
        enactment of this Act.
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this Act.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Federal department or agency any information 
                that the Commission considers necessary to carry out 
                this Act.
                    (B) Request of the chairperson.--On request of the 
                chairperson of the Commission, the head of a Federal 
                department or agency shall furnish the requested 
                information to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other Federal departments and agencies.
    (d) Pay and Travel Expenses.--
            (1) Members.--Each member of the Commission, other than the 
        chairperson, shall be paid at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed 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 performance of duties 
        vested in the Commission.
            (2) Chairperson.--The chairperson shall be paid for each 
        day referred to in paragraph (1) at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        III of the Executive Schedule under section 5315 of title 5, 
        United States Code.
    (e) Staff.--
            (1) Executive director.--The chairperson of the Commission 
        may, without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director of 
        the Commission, who shall be paid at the rate of basic pay 
        prescribed for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
            (2) Other personnel.--
                    (A) Appointment and pay.--Subject to subparagraph 
                (B), the executive director may, without regard to the 
                civil service laws (including regulations), appoint and 
                fix the pay of additional personnel as may be necessary 
                to enable the Commission to perform the duties of the 
                Commission.
                    (B) Maximum rate of pay.--The pay of any individual 
                appointed under this paragraph shall be not more than 
                the maximum annual rate of basic pay prescribed for 
                grade GS-15 of the General Schedule under section 5332 
                of title 5, United States Code.
            (3) Detail of federal employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and the detail shall be without interruption or 
        loss of civil service status or privilege.
    (f) Procurement of Temporary and Intermittent Services.--The 
chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of title 5, United States Code.

SEC. 3. DUTIES OF COMMISSION.

    (a) In General.--The Commission shall--
            (1) identify the appropriate goals and values for Federal 
        election campaign finance laws;
            (2) evaluate the extent to which the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) has promoted or 
        hindered the attainment of the goals identified under paragraph 
        (1); and
            (3) make recommendations to Congress for the achievement of 
        those goals, taking into consideration the impact of the 
        Federal Election Campaign Act of 1971.
    (b) Considerations.--In making recommendations under subsection 
(a)(3), the Commission shall consider with respect to election 
campaigns for Federal office--
            (1) whether campaign spending levels should be limited, 
        and, if so, to what extent;
            (2) the role of interest groups and whether that role 
        should be limited or regulated;
            (3) the role of other funding sources, including political 
        parties, candidates, and individuals from inside and outside 
        the State in which the contribution is made;
            (4) public financing and benefits; and
            (5) problems in existing election campaign finance law, 
        such as soft money, bundling, and independent expenditures.
    (c) Report and Recommendations.--Not later than the date that is 1 
year after the date of enactment of this Act, the Commission shall 
submit to Congress--
            (1) a report on the activities of the Commission; and
            (2) a draft of legislation (including technical and 
        conforming provisions) recommended by the Commission to amend 
        the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et 
        seq.) and any other law relating to elections for Federal 
        office.

SEC. 4. FAST-TRACK PROCEDURES.

    (a) Rules of House of Representatives and Senate.--This section is 
enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and of the Senate, respectively, and as such it 
        shall be considered as part of the rules of each House, 
        respectively, or of the House to which it specifically applies, 
        and the rules shall supersede other rules only to the extent 
        that they are inconsistent; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as the rules relate to 
        that House) at any time, in the same manner, and to the same 
        extent as in the case of any other rule of that House.
    (b) Definitions.--In this section, the term ``Federal election 
bill'' means only a bill of either House of Congress that is introduced 
as provided in subsection (c) to carry out the recommendations of the 
Commission as set forth in the draft legislation submitted under 
section 5(c)(2).
    (c) Introduction and Referral.--Not later than 3 days after the 
Commission submits draft legislation under section 5(c)(2), a Federal 
election bill shall be introduced (by request) in the House of 
Representatives by the Majority Leader of the House, shall be 
introduced (by request) in the Senate by the Majority Leader of the 
Senate, and shall be referred to the appropriate committee.
    (d) Amendments Prohibited.--No amendment to a Federal election bill 
shall be in order in either the House of Representatives or the Senate, 
no motion to suspend the application of this subsection shall be in 
order in either House, and it shall not be in order in either House to 
entertain a request to suspend the application of this subsection by 
unanimous consent.
    (e) Period for Committee and Floor Consideration.--
            (1) Automatic discharge.--If the committee of either House 
        to which a Federal election bill is referred has not reported 
        the bill by the close of the 30th day after introduction, the 
        committee shall be automatically discharged from further 
        consideration of the bill, and the bill shall be placed on the 
        appropriate calendar.
            (2) Procedure when there is prior passage of bill by other 
        House.--If, prior to the passage by 1 House of a Federal 
        election bill of that House, that House receives the same 
        Federal election bill from the other House--
                    (A) the procedure in that House shall be the same 
                as if no Federal election bill had been received from 
                the other House; but
                    (B) the vote on final passage shall be on the 
                Federal election bill of the other House.
            (3) Computation.--For purposes of paragraph (1), in 
        computing a number of days in either House, there shall be 
        excluded the days on which that House is not in session because 
        of an adjournment of more than 3 days to a day certain or an 
        adjournment of the Congress sine die.
    (f) Floor Consideration in the House.--
            (1) Motion to proceed to consider.--
                    (A) Privilege.--A motion in the House of 
                Representatives to proceed to the consideration of a 
                Federal election bill shall be highly privileged and 
                not debatable, except that a motion to proceed to 
                consider may be made only on the 2d legislative day 
                after the calendar day on which the Member making the 
                motion announces to the House the Member's intention to 
                do so.
                    (B) No amendment or motion to reconsider.--An 
                amendment to the motion shall not be in order, and it 
                shall not be in order to move to reconsider the vote by 
                which the motion is agreed to or disagreed to.
            (2) Debate.--
                    (A) Time.--Consideration of a Federal election bill 
                in the House of Representatives shall be in the House, 
                with debate limited to not more than 10 hours, which 
                shall be divided equally between the proponents and 
                opponents of the bill.
                    (B) No intervening motion.--The previous question 
                on the Federal election bill shall be considered as 
                ordered to final passage without intervening motion.
                    (C) Motion to reconsider not in order.--It shall 
                not be in order to move to reconsider the vote by which 
                a Federal election bill is agreed to or disagreed to.
            (3) Appeals from decision of chair.--All appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the House of Representatives to the procedure relating to a 
        Federal election bill shall be decided without debate.
    (g) Floor Consideration in the Senate.--
            (1) Motion to proceed to consideration.--
                    (A) Privilege.--A motion in the Senate to proceed 
                to the consideration of a Federal election bill shall 
                be privileged and not debatable.
                    (B) No amendment or motion to reconsider.--An 
                amendment to the motion shall not be in order, and it 
                shall not be in order to move to reconsider the vote by 
                which the motion is agreed to or disagreed to.
            (2) Debate of bill.--
                    (A) Time.--Debate in the Senate on a Federal 
                election bill, and all debatable motions and appeals in 
                connection with the bill, shall be limited to not more 
                than 10 hours.
                    (B) Division of time.--The time shall be equally 
                divided between, and controlled by, the Majority Leader 
                and the Minority Leader or their designees.
            (3) Debate of motion or appeal.--
                    (A) Time.--Debate in the Senate on any debatable 
                motion or appeal in connection with a Federal election 
                bill shall be limited to not more than 1 hour, to be 
                equally divided between, and controlled by, the 
                proponent of the motion and the manager of the bill, 
                except that if the manager of the bill is in favor of 
                the motion or appeal, the time in opposition to the 
                motion or appeal, shall be controlled by the Minority 
                Leader or a designee of the Minority Leader.
                    (B) Allotment of additional time.--The leaders 
                under subparagraph (A), or either of them, may, from 
                time under their control on the passage of a Federal 
                election bill, allot additional time to a Senator 
                during the consideration of a debatable motion or 
                appeal.
            (4) Motion to limit debate.--A motion in the Senate to 
        further limit debate is not debatable.
            (5) Motion to recommit not in order.--A motion to recommit 
        a Federal election bill is not in order.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums 
as are necessary to carry out the duties of the Commission under this 
Act.
                                 <all>