[Congressional Record Volume 143, Number 70 (Friday, May 23, 1997)]
[Senate]
[Pages S5129-S5131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 812. 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 1997

  Mr. KOHL. Mr. President, I rise today to discuss an important issue 
before the Senate--campaign finance reform. First, let me state that I 
am a cosponsor of S. 25, Senators John McCain and Russ Feingold's 
Senate Campaign Finance Reform Act of 1997. I cosponsored S. 25 because 
I feel it is the best legislation moving through the Congress to reform 
our campaign finance system. My Wisconsin colleague, Senator Feingold 
and Senator 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 at a crossroads in this debate. America's campaign finance 
laws have not been significantly altered since the 1970's. Since that 
time we've 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. The last election cycle saw the 
problems in our system grow to new proportions, and we are now 
witnessing two congressional investigations and a Justice Department 
investigation into alleged illegalities and improprieties. 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 easily 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 to craft a 
comprehensive reform bill. S. 25 is the best legislation to be proposed 
in two decades, and yet, when we voted on the measure in the last 
Congress, we could not get 60 Senators to support it, and the House of 
Representatives leadership wouldn't even bring it up for a vote.
  Mr. President, I am very concerned that this important piece of 
legislation may face the same fate this year. I support S. 25, and will 
continue to strongly support it until we have a clear vote on the 
measure this year. However, I do not believe it would be in the 
country's best interest to let another campaign cycle go by without the 
Congress taking clear action to reform our campaign finance system.
  Therefore, I am introducing today the Campaign Finance Reform 
Commission Act of 1997. Let me be clear from the outset: I would prefer 
to pass a bill such as S. 25, and I desperately hope that we do. But, 
in the case that we do not, Congress needs to be ready with legislation 
that moves us toward a better system.
  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 nonpartisan 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. I hope that they succeed in their efforts with their bill and 
we can present the American public with a new campaign system before 
the 1998 election. I offer this bill today only as an alternative to be 
considered, if, and only if, we cannot pass S. 25 this year.
  Mr. President, like all commonsense ideas, the idea of a Campaign 
Finance Reform Commission did not spring from a text book but came from 
a simpler setting. Two years 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, commonsense 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. If S. 
25 fails this year, this Commission could give us the reform we all 
demand. And, it

[[Page S5130]]

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 entire text of my 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 812

       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.

[[Page S5131]]

       (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.
                                 ______