[Congressional Record Volume 142, Number 95 (Tuesday, June 25, 1996)]
[Senate]
[Pages S6851-S6853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:

  S. 1905. A bill to establish an independent commission to recommend 
reforms in the laws relating to elections for Federal office; to the 
Committee on Rules and Administration.


           The Campaign Finance Reform Commission Act of 1996

  Mr. KOHL. Mr. President, I rise today to continue the debate on the 
issue which we have voted on today--campaign finance reform. Today the 
Senate voted on S. 1219, the Senate Campaign Finance Reform Act of 
1996. While a majority of the Senate voiced its support for this 
meaningful legislation, sadly, we did not get the required 60 votes to 
end the filibuster against the bill.
  Mr. President, I supported and cosponsored S. 1219 because I felt it 
was the best legislation moving through the Congress to reform our 
campaign finance system. My Wisconsin colleague, Senator Feingold and 
Senator John McCain deserve our gratitude and praise for keeping this 
issue alive. It's been nearly 20 years since Congress enacted 
meaningful campaign finance reform, and they have come closer than 
anyone at passing a bipartisan plan.
  We are, however, at a crossroads in this debate. America's campaign 
finance laws have not been significantly altered since the 1970's. 
Since that time we have seen an explosion in the costs of running 
campaigns and a growing public perception that special interests are 
far too influential in the electoral process. Despite these widely 
agreed-upon problems, Congress and the President seem incapable of 
enacting a campaign finance reform bill.
  We have seen initiatives by Democratic and Republican Presidents, 
Democratic and Republican Congresses, even widely-hailed bipartisan 
approaches all fail. One can only conclude that this issue is so mired 
in partisan politics, trapped in a quagmire of self-interest and 
special interest, that Congress will not be able craft a comprehensive 
reform bill. S. 1219 was the best legislation to be proposed in two 
decades, and yet we can not get 60 Senators to support it, and the 
House of Representatives will not even guarantee the House 
counterpart legislation will get an up-or-down vote.

  Mr. President, after two decades it is time to try a new approach--
time for us to embrace a new method for addressing this vital issue.
  Therefore, I am introducing today the Campaign Finance Reform 
Commission Act of 1996. Let me be clear from the outset: I would prefer 
to pass a bill such as S. 1219. But after today's vote, we must be 
honest with ourselves and the American public--that is not going to 
happen.
  The Campaign Finance Reform Commission is modeled on the successful 
Base Realignment and Closure Commissions. The legislation would 
establish a balanced, bipartisan commission, appointed by Senate 
leaders, House leaders and the President to propose comprehensive 
campaign finance reform. Like the BRAC Commissions, the proposals of 
the Campaign Finance Reform Commission would be subject to 
congressional approval or disapproval, but no amendments would be 
permitted. The Commission would have a limited duration--1 year after 
its creation. And Congress would have a limited time to consider the 
Commission's proposals.
  Mr. President, there are many who will object to this plan and argue 
that, through the creation of a commission, the Congress is conceding 
that it cannot solve this problem on its own. To the contrary, the 
creation of a Campaign Finance Reform Commission would be a concrete 
sign to the American public that Congress is serious about reforming 
our election laws. We have seen the success of the BRAC Commissions in 
removing political influences from the decision-making process. This 
same formula could be used for our campaign finance reform laws.
  When Congress enacted the first BRAC Commission law, it was argued 
that a non-partisan commission was required because the closure of 
military bases was so politically sensitive, Congress could not be 
expected to make the tough choices of closing bases. Well, Mr. 
President, if closing military bases is considered tough, altering the 
campaign laws that literally determine whether Members could retain 
their jobs must be just as politically sensitive, if not more so.
  Again, I wish to praise the efforts of Senators Feingold, McCain, and 
the broad coalition of grassroots organizations which have kept the 
campaign finance issue in front of the American public and the 
Congress. We have come so close to enacting real campaign finance 
reform. The creation of a pure bipartisan commission, modeled on the 
Base Closure Commission, is final act to achieve the reform we all 
desire.
  Mr. President, like all common sense ideas, this one did not spring 
from a text book but came from a simpler setting. A year ago President 
Clinton and House Speaker Newt Gingrich held an historic conversation 
at a New Hampshire meeting. The first question came from a retiree, Mr. 
Frank McConnell Jr. Mr. McConnell had a simple, common sense idea--form 
a commission like the one that closed the military bases to reform our 
election system, so, in Mr. McConnell's words, ``it would be out of the 
political scene.'' The time for Mr. McConnell's idea has come.
  I am pleased to put Mr. McConnell's idea into legislative form and 
urge my colleagues to join me in this effort. This commission could 
give us the reform we all demand. And, it would give the American 
public a restored faith that their democratic institutions have 
responded to their cry for change in our electoral system.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1905

       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 1996''.

     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 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 15 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 that 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 of the Code of Federal Regulations;

[[Page S6852]]

       (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 or 
     legislative branches of the Federal Government.
       (B) Party affiliations.--Not more than 3 members of the 
     Commission shall be members of, or associated with, the same 
     political party (as that term is defined in section 301(16) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     431(16)).
       (3) Chairperson and vice chairperson.--The members of the 
     Commission shall designate a chairperson and a vice 
     chairperson from among the membership of the Commission. The 
     chairperson shall be from 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, each 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 
     contained in section 102 of title 5, United States Code.
       (5) Period of appointment; vacancies.--Members of the 
     Commission shall be appointed for the life of the Commission. 
     Any vacancy in the Commission shall not affect its powers, 
     but shall be filled in the same manner as the original 
     appointment.
       (6) Termination of commission.--The Commission shall 
     terminate 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 the purposes of this Act.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this Act. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such 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 departments and agencies of the Federal Government.
       (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 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 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 payable for level 
     III of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       (e) Staff.--
       (1) Executive director.--The Chairperson of the Commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director of 
     the Commission, who shall be paid at the rate of basic 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (2) Other personnel.--(A) Subject to subparagraph (B), the 
     executive director may, without regard to the civil service 
     laws and regulations, appoint and fix the pay of such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties.
       (B) The pay of any individual appointed under this 
     paragraph shall be not more than 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.
       (3) Detail of federal employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such 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 which 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 such title.

     SEC. 3. DUTIES OF COMMISSION.

       (a) In General.--The Commission shall--
       (1) identify the appropriate goals and values for Federal 
     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 the 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 Federal election campaigns--
       (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, individuals from inside and outside the 
     State in which the contribution is made;
       (4) public financing and benefits; and
       (5) problems in existing campaign finance law, such as soft 
     money, bundling, and independent expenditures.
       (c) Report and Recommendations.--Not later than 1 year 
     after the date of enactment of this Act, the Commission shall 
     submit to the 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 the Senate, respectively, and as such it 
     shall be considered as part of the rules of each House, 
     respectively, or of that House to which it specifically 
     applies, and such rules shall supersede other rules only to 
     the extent that they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to such 
     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.--As used in this section, the term 
     ``Federal election bill'' means only a bill of either House 
     of the Congress which is introduced as provided in subsection 
     (c) to carry out the recommendations of the Commission as set 
     forth in the draft legislation referred to in section 5.
       (c) Introduction and Referral.--Not later than 3 days after 
     the Commission submits its draft legislation under section 5, 
     a Federal election bill shall be introduced (by request) in 
     the House of Representatives by the Majority Leader of the 
     House and shall be introduced (by request) in the Senate by 
     the Majority Leader of the Senate. Such bills shall be 
     referred to the appropriate committees.
       (d) Amendments Prohibited.--No amendment to a Federal 
     election bill shall be in order in either the House of 
     Representatives or the Senate; and no motion to suspend the 
     application of this subsection shall be in order in either 
     House; nor shall it 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) If 
     the committee of either House to which a Federal election 
     bill has been referred has not reported it at the close of 
     the 30th day after its introduction, such committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar. If 
     prior to the passage by one House of a Federal election bill 
     of that House, that House receives the same Federal election 
     bill from the other House, then--
       (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.
       (2) 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) A motion in the 
     House of Representatives to proceed to the consideration of a 
     Federal election bill shall be highly privileged except that 
     a motion to proceed to consider may only be made on the 
     second legislative day after the calendar day on which the 
     Member making the motion announces to the House his intention 
     to do so. The motion to proceed to consider is not debatable. 
     An amendment to the motion shall not be in order, nor shall 
     it be in order to move to reconsider the vote by which the 
     motion is agreed to or disagreed to.
       (2) 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 those favoring and those opposing the bill. The 
     previous question on the Federal election bill shall be 
     considered as ordered to final passage without intervening 
     motion. 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) All appeals from the decisions of the Chairperson 
     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) A motion in the 
     Senate to proceed to the consideration of a Federal election 
     bill shall be privileged and not debatable. An amendment to 
     the motion shall not be in order, nor shall it be in order to 
     move to reconsider the vote by which the motion is agreed to 
     or disagreed to.

[[Page S6853]]

       (2) Debate in the Senate on a Federal election bill, and 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours. The time shall be 
     equally divided between, and controlled by, the Majority 
     Leader and the Minority Leader or their designees.
       (3) 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 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 a designee of the 
     Minority Leader. Such leaders, or either of them, may, from 
     time under their control on the passage of a Federal election 
     bill, allot additional time to any Senator during the 
     consideration of any debatable motion or appeal.
       (4) A motion in the Senate to further limit debate is not 
     debatable. 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.
                                 ______