[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1345 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1345

          To establish the Commission on National Drug Policy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 1997

Mr. Cummings (for himself, Mr. Clay, Mr. Jefferson, Mr. Foglietta, Mr. 
  Ford, Mr. Dellums, Ms. Brown of Florida, Mr. Filner, Mr. Frost, Ms. 
Pelosi, Mrs. Meek of Florida, Mr. Clyburn, Ms. Carson, Ms. Norton, Ms. 
 Jackson-Lee of Texas, Mr. Scott, Mr. Owens, and Mr. Rush) introduced 
    the following bill; which was referred to the Committee on the 
 Judiciary, and in addition to the Committee on Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 1997''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on National Drug Policy'' (hereinafter in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    (a) Study.--The Commission shall conduct a comprehensive 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.--
            (1) In general.--Not later than 18 months after the 
        Commission first meets, the Commission shall submit to the 
        President and to Congress a report which shall contain a 
        detailed statement of the findings and conclusions of the 
        Commission, together with its recommendations for such 
        legislative and administrative actions as it considers 
        appropriate.
            (2) Public availability.--The Commission shall make copies 
        of the report available to the public upon request.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members appointed from among qualified individuals, as described in 
subsection (c), as follows:
            (1) The President shall appoint 5 members, not more than 3 
        of whom may be members of the same political party.
            (2) The majority leader of the Senate and the minority 
        leader of the Senate shall each appoint 2 members.
            (3) The Speaker of the House of Representatives and the 
        minority leader of the House of Representatives shall each 
        appoint 2 members.
    (b) Deadline.--The appointments under subsection (a) shall be made 
not later than 60 days after the date of the enactment of this Act.
    (c) Qualifications.--
            (1) In general.-- For purposes of subsection (a), qualified 
        individuals are individuals who represent professions that deal 
        with those involved in the unlawful production, distribution, 
        and use of controlled substances, including--
                    (A) law enforcement officials,
                    (B) physicians,
                    (C) social workers,
                    (D) judges and attorneys,
                    (E) Drug Enforcement Agency staff,
                    (F) drug rehabilitation counselors,
                    (G) religious leaders,
                    (H) community leaders from inner-city communities,
                    (I) educators, and
                    (J) individuals with academic expertise in issues 
                surrounding the unlawful production, distribution, and 
                use of controlled substances.
    (2) Restrictions.--An individual who holds an elected Federal 
office is not eligible for appointment to the Commission.
    (d) Terms.--Each member shall be appointed for the life of the 
Commission.
    (e) Vacancies.--A vacancy in the membership of the Commission shall 
be filled in the manner in which the original appointment was made and 
shall not affect the powers of the Commission.
    (f) Compensation; Reimbursement of Expenses.--
            (1) Compensation.--Members of the Commission may not 
        receive compensation for service on the Commission, subject to 
        paragraph (2).
            (2) Reimbursement.--Members of the Commission may be 
        reimbursed, in accordance with chapter 57 of title 5, United 
        States Code, for travel, subsistence, and other necessary 
        expenses incurred in carrying out the duties of the Commission.
    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (h) 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.
    (i) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson or a majority of the members of the Commission.
            (2) Monthly meeting.--The Commission shall meet not less 
        frequently 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 department or agency may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Commission to assist it in carrying out its duties under 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.--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.--
            (1) In general.--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 without regard to section 3709 of the 
        Revised Statutes (41 U.S.C. 5).
            (2) Limitation.--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 the submission of the 
report under section 3(b)(1).

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given such term in section 102(6) 
        of the Controlled Substances Act (21 U.S.C. 802(6)).
            (2) Distribution.--The term ``distribution'' is the 
        nominative form of the term ``distribute'' as that term is 
        defined in section 102(11) of the Controlled Substances Act (21 
        U.S.C. 802(11)).
            (3) Production.--The term ``production'' has the meaning 
        given such term in section 102(22) of the Controlled Substances 
        Act (21 U.S.C. 802(22)).
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given such term in section 105 of title 5, United 
        States Code.
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