HaCKeRz Kr0nlcKLeZ 1/HaCKeRz Kr0nlcKLeZ.iso/drugs/commission

Internet Message Format | 1996-05-06 | 18.8 KB

Date: 16 Sep 94 10:35:30 EDT
From: "Clifford A. Schaffer" <[e-mail]>
To: "INTERNET:drctalk-l@netco" <[e-mail]>
Subject: Crime Bill --Commission text
Message-ID: <[e-mail]>

TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME
PREVENTION AND CONTROL

SEC. 270001. PRESIDENTIAL SUMMIT.

    Congress calls on the President to convene a national summit on violence in
America prior to convening the Commission established under this title.

SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.

    (a) Establishment and Appointment of Members.--There is established a
commission to be known as the ``National Commission on Crime Control and
Prevention''. The Commission shall be composed of 28 members appointed as
follows:
            (1) 10 persons by the President, not more than 6 of  whom shall be
of the same major political party.
            (2) 9 persons by the President pro tempore of the Senate, 5 of whom
shall be appointed on the recommendation of the Majority Leader of the Senate
and the chairman of the Committee on the Judiciary of the Senate, and 4 of whom
shall be appointed on the recommendation of the Minority Leader of the Senate
and the ranking minority member of the Committee on the Judiciary of the Senate.
            (3) 9 persons appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the Committee on the
Judiciary of the House of Representatives, and 4 of whom shall be appointed on
the recommendation of the Minority Leader of the House of Representatives, in
consultation with the ranking member of the Committee on the Judiciary.
    (b) Committees and Task Forces.--The Commission shall establish committees
or task forces from among its members for the examination of specific subject
areas and the carrying out of other functions or responsibilities of the
Commission, including committees or task forces for the examination of the
subject areas of crime and violence generally, the causes of  the demand for
drugs, violence in schools, and violence against  women, as described in
subsections (b) through (e) of section  270004.
    (c) Representation.--(1) At least 1 member of the  Commission appointed by
the President, at least 2 members of  the Commission appointed by the President
pro tempore of the Senate, and at least 2 members of the Commission appointed by
the Speaker of the House of Representatives shall be persons  well-qualified to
participate in the Commission's examination of the subject area of crime and
violence generally, with  education, training, expertise, or experience in such
areas as  law enforcement, law, sociology, psychology, social work, and
ethnography and urban poverty (including health care, housing,  education, and
employment).
    (2) At least 1 member of the Commission appointed by the  President, at
least 2 members of the Commission appointed by  the President pro tempore of the
Senate, and at least 2 members  of the Commission appointed by the Speaker of
the House of  Representatives shall be persons well-qualified to participate  in
the Commission's examination of the subject area of the  causes of the demand
for drugs, with education, training,  expertise, or experience in such areas as
addiction,  biomedicine, sociology, psychology, law, and ethnography and  urban
poverty (including health care, housing, education, and  employment).
    (3) At least 1 member of the Commission appointed by the  President, at
least 2 members of the Commission appointed by  the President pro tempore of the
Senate, and at least 2 members  of the Commission appointed by the Speaker of
the House of  Representatives shall be persons well-qualified to participate  in
the Commission's examination of the subject area of violence  in schools, with
education, training, expertise, or experience  in such areas as law nforcement,
education, school governance  policy and teaching, law, sociology, psychology,
and  ethnography and urban poverty (including health care, housing,  education,
and employment).
    (4) At least 1 member of the Commission appointed by the  President, at
least 2 members of the Commission appointed by  the President pro tempore of the
Senate, and at least 2 members  of the Commission appointed by the Speaker of
the House of  Representatives shall be persons well-qualified to participate  in
the Commission's examination of the subject area of violence  against women, as
survivors of violence, or as persons with  education, training, expertise, or
experience in such areas as  law enforcement, law, judicial administration,
prosecution,  defense, victim services or advocacy in sexual assault or
domestic violence cases (including medical services and  counseling), and
protection of victims' rights.

SEC. 270003. PURPOSES.

    The purposes of the Commission are as follows:
            (1) To develop a comprehensive proposal for  preventing and
controlling crime and violence in the United States, including cost estimates
for implementing any recommendations made by the Commission.
            (2) To bring attention to successful models and programs in crime
prevention and crime control.
            (3) To reach out beyond the traditional criminal justice community
for ideas for controlling and preventing crime.
            (4) To recommend improvements in the coordination of local, State,
Federal, and international crime control and prevention efforts, including
efforts relating to crime near international borders.
            (5) To make a comprehensive study of the economic and social factors
leading to or contributing to crime and violence, including the causes of
illicit drug use and other substance abuse, and to develop specific proposals
for legislative and administrative actions to reduce crime and violence and the
factors that contribute to it.
            (6) To recommend means of utilizing criminal justice resources as
effectively as possible, including targeting finite correctional facility space
to the  most serious and violent offenders, and considering increased use of
intermediate sanctions for offenders  who can be dealt with adequately by such
means.
            (7) To examine distinctive crime problems and the impact of crime on
members of minority groups, Indians living on reservations, and other groups
defined by  race, ethnicity, religion, age, disability, or other
characteristics, and to recommend specific responses to the distinctive crime
problems of such groups
            (8) To examine the problem of sexual assaults, domestic violence,
and other criminal and unlawful acts that particularly affect women, and to
recommend Federal, State, and local strategies for more effectively preventing
and punishing such crimes and acts.
            (9) To examine the treatment of victims in Federal, State, and local
criminal justice systems, and to develop recommendations to enhance and protect
the rights of victims.
            (10) To examine the ability of Federal, State, and local criminal
justice systems to administer criminal law and criminal sanctions impartially
without discrimination on the basis of race, ethnicity,  religion, gender, or
other legally proscribed grounds, and to make recommendations for correcting any
deficiencies in the impartial administration of justice on these grounds.
            (11) To examine the nature, scope, causes, and  complexities of
violence in schools and to recommend a  comprehensive response to that problem.

SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

    (a) In General.--The responsibilities of the Commission  shall include such
study and consultation as may be necessary  or appropriate to carry out the
purposes set forth in section  270003, including the specific measures described
in  subsections (b) through (e) in relation to the subject areas  addressed in
those subsections.
    (b) Crime and Violence Generally.--In addressing the  subject of crime and
violence generally, the activities of the  Commission shall include the
following:
            (1) Reviewing the effectiveness of traditional criminal justice
approaches in preventing and controlling crime and violence.
            (2) Examining the impact that changes in Federal and State law have
had in controlling crime and violence.
            (3) Examining the impact of changes in Federal immigration laws and
policies and increased development and growth along United States international
borders on crime and violence in the United States, particularly among the
Nation's youth.
            (4) Examining the problem of youth gangs and providing
recommendations as to how to reduce youth involvement in violent crime.
            (5) Examining the extent to which the use of dangerous weapons in
the commission of crime has contributed to violence and murder in the United
States.
            (6) Convening field hearings in various regions of the country to
receive testimony from a cross section of criminal justice professionals,
business leaders, elected officials, medical doctors, and other persons who wish
to participate.
            (7) Reviewing all segments of the Nation's criminal justice systems,
including the law enforcement, prosecution, defense, judicial, and corrections
components in developing the crime control and prevention proposal.
    (c) Causes of the Demand for Drugs.--In addressing the  subject of the
causes of the demand for drugs, the activities  of the Commission shall include
the following:
            (1) Examining the root causes of illicit drug use and abuse in the
United States, including by compiling existing research regarding those root
causes, and including consideration of the following factors:
                    (A) The characteristics of potential illicit drug users and
abusers or drug  traffickers, including age and social, economic, and
educational backgrounds.
                    (B) Environmental factors that contribute to illicit drug
use and abuse, including the correlation between unemployment, poverty, and
homelessness and drug experimentation and abuse.
                    (C) The effects of substance use and abuse by a relative or
friend in contributing to the likelihood and desire of an individual to
experiment with illicit drugs.
                    (D) Aspects of, and changes in cultural values, attitudes
and traditions that contribute to illicit drug use and abuse.
                    (E) The physiological and psychological factors that
contribute to the desire for illicit drugs.
            (2) Evaluating Federal, State, and local laws and policies on the
prevention of drug abuse, control of unlawful production, distribution and use
of controlled substances, and the efficacy of sentencing policies with regard to
those laws.
            (3) Analyzing the allocation of resources among interdiction of
controlled substances entering the United States, enforcement of Federal laws
relating to the unlawful production, distribution, and use of controlled
substances, education with regard to and the prevention of the unlawful use of
controlled substances, and treatment and rehabilitation of drug abusers.
            (4) Analyzing current treatment and rehabilitation methods and
making recommendations for improvements.
            (5) Identifying any existing gaps in drug abuse policy that result
from the lack of attention to the root causes of drug abuse.
            (6) Assessing the needs of government at all levels for resources
and policies for reducing the overall desire of individuals to experiment with
and abuse illicit drugs.
            (7) Making recommendations regarding necessary improvements in
policies for reducing the use of illicit drugs in the United States.
    (d) Violence in Schools.--In addressing the subject of  violence in schools,
the activities of the Commission shall  include the following:
            (1) Defining the causes of violence in schools.
            (2) Defining the scope of the national problem of violence in
schools.
            (3) Providing statistics and data on the problem of violence in
schools on a State-by-State basis.
            (4) Investigating the problem of youth gangs and their relation to
violence in schools and providing recommendations on how to reduce youth
involvement in violent crime in schools.
            (5) Examining the extent to which dangerous weapons have contributed
to violence and murder in schools.
            (6) Exploring the extent to which the school environment has
contributed to violence in schools.
            (7) Reviewing the effectiveness of current  approaches in preventing
violence in schools.
    (e) Violence Against Women.--In addressing the subject of  sexual assault,
domestic violence, and other criminal and  unlawful acts that particularly
affect women, the activities of  the Commission shall include the following:
            (1) Evaluating the adequacy of, and making recommendations
regarding, current law enforcement  efforts at the Federal, State, and local
levels to reduce the incidence of such crimes and acts, and to punish those
responsible for such crimes and acts.
            (2) Evaluating the adequacy of, and making recommendations
regarding, the responsiveness of prosecutors and courts to such crimes and acts.
            (3) Evaluating the adequacy of rules of evidence, practice, and
procedure to ensure the effective prosecution and conviction of perpetrators of
such crimes and acts and to protect victims of such crimes and acts from abuse
in legal proceedings, making recommendations, where necessary, to improve those
rules.
            (4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to such crimes and acts.
            (5) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on sexual assault and the need
for a more uniform statutory response to sex offenses, including sexual assaults
and other sex offenses committed by offenders who are known or related by blood
or marriage to the victim.
            (6) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of Federal and State laws on domestic violence and the
need for a more uniform statutory response to domestic violence.
            (7) Evaluating the adequacy of, and making recommendations
regarding, the adequacy of current education, prevention, and protective
services for victims of such crimes and acts.
            (8) Assessing the issuance, formulation, and enforcement of
protective orders, whether or not related to a criminal proceeding, and making
recommendations for their more effective use in domestic violence and stalking
cases.
            (9) Assessing the problem of stalking and recommending effective
means of response to the problem.
            (10) Evaluating the adequacy of, and making  recommendations
regarding, programs for public awareness and public dissemination of information
to prevent such crimes and acts.
            (11) Evaluating the treatment of victims of such crimes and acts in
Federal, State, and local criminal justice systems, and making recommendations
designed to improve such treatment.

SEC. 270005. ADMINISTRATIVE MATTERS.

    (a) Chair.--The President shall designate a member of the  Commission to
chair the Commission.
    (b) No Additional Pay or Benefits; Per Diem.--Members of  the Commission
shall receive no pay or benefits by reason of  their service on the Commission,
but shall receive travel  expenses, including per diem in lieu of subsistence,
at rates  authorized for employees of agencies under sections 5702 and  5703 of
title 5, United States Code.
    (c) Vacancies.--Vacancies on the Commission shall be filled  in the same
manner as initial appointments.
    (d) Meetings Open to the Public.--The Commission shall be  considered to be
an agency for the purposes of section 552b of  title 5, United States Code,
relating to the requirement that  meetings of Federal agencies be open to the
public.

SEC. 270006. STAFF AND SUPPORT SERVICES.

    (a) Director.--With the approval of the Commission, the  chairperson shall
appoint a staff director for the Commission
     (b) Staff.--With the approval of the Commission, the staff  director may
appoint and fix the compensation of staff  personnel for the Commission.
    (c) Civil Service Laws.--The staff of the Commission shall  be appointed
without regard to the provisions of title 5,  United States Code, governing
appointments in the competitive  service. Staff compensation may be set 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, but in no
event shall any such personnel be compensated  at a rate greater than the rate
of basic pay for level ES-4 of  the Senior Executive Service Schedule under
section 5382 of  that title. The staff director shall be paid at a rate not to
exceed the rate of basic pay for level V of the Executive  Schedule.
      (d) Consultants.--With the approval of the Commission,  the staff director
may procure temporary and intermittent  services under section 3109(b) of title
5, United States Code.
    (e) Staff of Federal Agencies.--Upon the request of the  Commission, the
head of any Federal agency may detail, on a  reimbursable basis, personnel of
that agency to the Commission  to assist in carrying out its duties.
    (f) Physical Facilities.--The Administrator of the General  Service
Administration shall provide suitable office space for  the operation of the
Commission. The facilities shall serve as  the headquarters of the Commission
and shall include all  necessary equipment and incidentals required for proper
functioning.

SEC. 270007. POWERS.

    (a) Hearings.--For the purposes of carrying out this title,  the Commission
may conduct such hearings, sit and act at such  times and places, take such
testimony, and receive such  evidence, as the Commission considers appropriate.
The  Commission may administer oaths before the Commission.
    (b) Delegation.--Any committee, task force, member, or  agent, of the
Commission may, if authorized by the Commission,  take any action that the
Commission is authorized to take under  this title.
    (c) Access to Information.--The Commission may request  directly from any
Federal agency or entity in the executive or  legislative branch such
information as is needed to carry out  its functions.
    (d) Mail.--The Commission may use the United States mails  in the same
manner and under the same conditions as other  Federal agencies.

SEC. 270008. REPORT; TERMINATION.

    Not later than 2 years after the date on which the  Commission is fully
constituted under section 270001, the  Commission shall submit a detailed report
to the Congress and  the President containing its findings and recommendations.
The  Commission shall terminate 30 days after the submission of its  report.

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this
title--
            (1) $1,000,000 for fiscal year 1996.