[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3100 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3100

          To establish the Commission on National Drug Policy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1993

  Mr. Edwards of California introduced the following bill; which was 
  referred jointly to the Committees on the Judiciary and Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
          To establish the Commission on National Drug Policy.

    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 ``National Drug Policy Act of 1993''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on National Drug Policy''.

SEC. 3. DUTIES OF COMMISSION.

    (a) Study.--The Commission shall conduct a study of the unlawful 
production, distribution, and use of controlled substances, including--
            (1) an investigation into the various causes of the 
        unlawful use in the United States of controlled substances and 
        the relative significance of the various causes;
            (2) an evaluation of the efficacy of existing Federal laws 
        regarding the unlawful production, distribution, and use of 
        controlled substances, including the efficacy of Federal 
        minimum sentences for violations of the laws regarding the 
        unlawful sale and use of controlled substances;
            (3) an analysis of the costs, benefits, risks, and 
        advantages of the present national policy regarding controlled 
        substances and of potential modifications of that policy, 
        including an analysis of what proportion of the funds dedicated 
        to combating the unlawful sale and use of controlled substances 
        should be devoted to--
                    (A) interdicting controlled substances entering the 
                United States unlawfully;
                    (B) enforcing Federal laws relating the unlawful 
                production, distribution, and use of controlled 
                substances;
                    (C) education and other forms of preventing the 
                unlawful use of controlled substances; or
                    (D) rehabilitating individuals who use controlled 
                substances unlawfully; and
            (4) an analysis of methods of rehabilitation, including an 
        evaluation of the efficacy of current methods and suggestions 
        for new methods.
    (b) Report.--Within 18 months after the date on which funds first 
become available to carry out this Act, the Commission--
            (1) shall submit to the President, the Speaker of the House 
        of Representatives, and the President pro tempore of the Senate 
        a comprehensive report on the study conducted under subsection 
        (a), and
            (2) shall make the report available to the public upon 
        request.
The report shall include the Commission's conclusions and 
recommendations which at least a majority of the Commission have agreed 
upon and the Commission's proposals for legislation and administrative 
action necessary to carry out the Commission's recommendations.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members appointed as follows from among qualified individuals:
            (1) By the president.--Five members appointed by the 
        President of the United States, not more than 3 of whom may be 
        members of the same political party.
            (2) By leaders of the senate.--Two members each appointed 
        by the majority leader of the Senate and the minority leader of 
        the Senate, not more than 2 of whom shall be members of the 
        same political party.
            (3) By leaders of the house.--Two members each appointed by 
        the Speaker of the House of Representatives and the minority 
        leader of the House of Representatives, not more than 2 of whom 
        shall be members of the same political party.
Appointments to the Commission shall be made not later than 60 days 
after the date of the enactment of this Act.
    (b) Qualifications.--For purposes of subsection (a), individuals 
representing the professions that deal with those who produce, 
distribute, and use controlled substances unlawfully are qualified to 
be appointed to the Commission and individuals who hold an elected 
Federal office are not qualified for appointment to the Commission. 
Each appointing authority named in subsection (a) should consider 
appointing individuals who are--
            (1) law enforcement officials;
            (2) physicians;
            (3) social workers;
            (4) judges and attorneys;
            (5) Drug Enforcement Agency staff;
            (6) drug rehabilitation counselors;
            (7) religious leaders;
            (8) community leaders from inner-city communities;
            (9) educators; or
            (10) individuals with academic expertise in issues 
        surrounding the unlawful production, distribution, and use of 
        controlled substances.
    (c) Terms.--Each member shall be appointed for the life of the 
Commission.
    (d) Vacancies.--A vacancy on the Commission resulting from the 
death or resignation of a member shall not affect the powers of the 
Commission. If a vacancy occurs on the Commission, a new member shall 
be appointed in the same manner as the original member was appointed.
    (e) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members of the Commission shall be paid at a rate not to exceed 
        the daily equivalent of the maximum annual rate of pay for 
        grade GS-15 of the General Schedule in effect under section 
        5332 of title 5, United States Code, for each day (including 
        travel time) during which they are engaged in the performance 
        of the duties of the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission, except as provided in paragraph (3).
            (3) Travel expenses.--While away from their homes or 
        regular places of business in the performance of the duties of 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including a per diem allowance in lieu of 
        subsistence, in the same manner as persons employed 
        intermittently in Government service are allowed travel 
        expenses under sections 5703 of title 5, United States Code.
    (f) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (g) Chairperson; Vice Chairperson.--At the time of appointment, the 
President shall designate 1 of the members of the Commission as the 
chairperson and 1 of the members of the Commission as the vice 
chairperson.
    (h) Meetings.--The Commission shall meet at the call of the 
chairperson or a majority of the members of the Commission but not less 
often than once a month.

SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--
            (1) Appointment and pay.--The Commission may appoint and 
        fix the pay of personnel as it considers appropriate.
            (2) Applicability of Certain Civil Service Laws.--The staff 
        of the Commission may be appointed without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service and 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 pay for 
        grade GS-15 of the General Schedule in effect under section 
        5332 of title 5, United States Code.
    (b) Experts and Consultants.--The Commission may procure temporary 
or intermittent services under section 3109(b) of title 5, United 
States Code, at a rate of pay not to exceed the daily equivalent of the 
maximum annual rate of pay for grade GS-15 of the General Schedule in 
effect under section 5332 of title 5, United States Code.
    (c) Staff of Federal Agencies.--At the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of that agency to the Commission to carry out this 
Act.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--
            (1) Authority.--To carry out this Act, the Commission may 
        hold the hearings, sit and act at the times and places, take 
        the testimony, and receive the evidence that the Commission 
        considers appropriate.
            (2) Open meetings.--The Commission shall be considered 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.
            (3) Transcripts.--Transcripts of a hearing held under 
        paragraph (1) shall be published and shall be made available, 
        upon request, to the public within a reasonable time after the 
        conclusion of the hearing.
    (b) Powers of Members and Agents.--If authorized by the Commission, 
any member or agent of the Commission may take any action that the 
Commission is authorized to take by this section.
    (c) Obtaining Official Information.--
            (1) Authority and procedure for obtaining information.--
        Notwithstanding section 552a of title 5 or any other 
        restriction on the disclosure of information, the Commission 
        may secure directly from any Federal agency information 
        necessary to enable it to carry out this Act. At the request of 
        the chairperson of the Commission, the head of the agency shall 
        furnish the information to the Commission.
            (2) Use and disclosure of information.--The Commission 
        shall be subject to the same restrictions regarding the use or 
        disclosure of any information obtained from any Federal agency 
        under this subsection as are applicable to the use or 
        disclosure of the information by the Federal agency from which 
        it is obtained.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (e) Administrative Support Services.--At the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out this Act.
    (f) Expenditures and Contracts.--The Commission may make 
expenditures and enter into contracts for the procurement of the 
supplies, services, and property the Commission considers appropriate 
to carry out this Act. The aggregate amount of such expenditures and 
contracts may be made only to the extent or in the amounts provided in 
appropriations Acts.

SEC. 7. TERMINATION.

    The Commission shall terminate 60 days after submitting the report 
required by section 3(b).

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on National Drug Policy established by section 2.
            (2) Controlled substance.--The term ``controlled 
        substance'' means a controlled substance as defined by section 
        102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
            (3) Distribute.--The term ``distribute'' means distribute 
        as defined by section 102(11) of the Controlled Substances Act 
        (21 U.S.C. 802(11)).
            (4) Federal agency.--The term ``Federal agency'' means an 
        executive agency as defined by section 105 of title 5, United 
        States Code.
            (5) Production.--The term ``production'' means production 
        as defined by section 102(22) of the Controlled Substances Act 
        (21 U.S.C. 802(22)).

                                 <all>