[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1998 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1998

  To provide standards for the enactment of Federal crimes, to sunset 
 those Federal crimes that do not meet those standards, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2001

 Mr. Manzullo introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Rules, 
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 provide standards for the enactment of Federal crimes, to sunset 
 those Federal crimes that do not meet those standards, and for other 
                               purposes.

    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 ``Federalization of Crimes Uniform 
Standards Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The State and Federal courts together comprise an 
        intertwined system for the delivery of justice in the United 
        States. The 2 court systems have played different but equally 
        significant roles in the Federal system. The State courts have 
        served as the chief tribunals for trials of criminal law cases.
            (2) The Federal courts have a more limited jurisdiction 
        than the State courts with respect to criminal matters because 
        of the fundamental constitutional principle that the Federal 
        Government is a government of delegated power in which the 
        residual power remains in the States. In criminal matters, the 
        jurisdiction of the Federal courts should complement, not 
        supplant, that of the State courts.
            (3) There is no sound justification for having 2 parallel 
        justice systems.
            (4) Citizens should not be subject to different, competing 
        law enforcement systems, different penalties depending on which 
        system brings them to trial, and an ever-lengthening 
        possibility that they might be tried for the same offense more 
        than once.

SEC. 3. COMMISSION TO REVIEW THE FEDERAL CRIMINAL CODE.

    (a) Establishment.--There is established in the legislative branch 
a commission to be known as the ``Commission to Review the Federal 
Criminal Code''.
    (b) Duties.--The Commission shall have the following duties, which 
the Commission shall carry out through the Director:
            (1) To prepare Federal law enforcement impact statements in 
        accordance with section 5.
            (2) To review Federal criminal offenses subject to section 
        6.
            (3) To carry out, in accordance with this Act, any other 
        activity of the Commission under this Act.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 5 members appointed as follows:
                    (A) 1 member appointed by the President pro tempore 
                of the Senate.
                    (B) 1 member appointed by the minority leader of 
                the Senate.
                    (C) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (D) 1 member appointed by the minority leader of 
                the House of Representatives.
                    (E) 1 member appointed by the Chief Justice of the 
                United States.
            (2) Disqualification.--A person who is an officer or 
        employee of the United States may not be a member of the 
        Commission.
            (3) Terms.--Each member shall be appointed for a term of 5 
        years.
            (4) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
            (5) Basic pay.--Members shall each be paid at the daily 
        equivalent of the annual rate of basic pay payable for level IV 
        of the Executive Schedule for each day (including travel time) 
        during which they are engaged in the actual performance of 
        duties vested in the Commission.
            (6) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (7) Quorum.--3 members of the Commission shall constitute a 
        quorum but a lesser number may hold hearings.
            (8) Chairperson.--The member appointed by the Chief Justice 
        of the United States shall serve as the Chairperson of the 
        Commission.
            (9) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
    (d) Staffing and Support Functions.--
            (1) Director.--The Commission shall have a director who 
        shall be appointed by the Chairperson.
            (2) Staff.--Subject to rules prescribed by the Commission, 
        the Director may appoint additional personnel as the Commission 
        considers appropriate.
            (3) Applicability of certain civil service laws.--The 
        Director and staff of the Commission shall be appointed subject 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of that title relating to classification and 
        General Schedule pay rates.
    (e) Powers.--
            (1) Hearings and sessions.--The Commission may for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate. The Commission may 
administer oaths or affirmations to witnesses appearing before it. The 
Commission may establish rules for its proceedings.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this Act.
            (3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chair of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission, unless doing so would threaten the national 
        security, the health or safety or any individual, or the 
        integrity of an ongoing investigation.
            (4) Administrative support services.--Upon 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 its responsibilities under this title.
            (5) Reports.--
                    (A) The Commission shall submit to the Congress an 
                initial report not later than 4 years after the date of 
                the enactment of this Act. The report shall contain, 
                for each Federal criminal offense subject to section 6 
                with a date of enactment on or before the date of the 
                enactment of this Act, the contents specified in 
                subparagraph (C) with respect to that offense.
                    (B) For each Federal criminal offense subject to 
                section 6 enacted after the date of the enactment of 
                this Act, the Commission shall submit to the Congress, 
                not later than 4 years after the date of the enactment 
                of that offense, a report containing the contents 
                specified in subparagraph (C) with respect to that 
                offense.
                    (C) The contents referred to in subparagraphs (A) 
                and (B) are the findings, conclusions, and 
                recommendations of the Commission as to the extent to 
                which--
                            (i) that offense is within core Federal 
                        responsibilities;
                            (ii) the efforts of States have proven 
                        inadequate to address the purposes served by 
                        that offense; and
                            (iii) that offense imposes burdens on the 
                        Federal court system.
    (f) Termination.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Commission.

SEC. 4. CONTROLS ON CERTAIN FEDERAL CRIMINAL LEGISLATION.

    (a) Point of Order.--It shall not be in order in either the House 
of Representatives or the Senate to consider any measure containing a 
provision that would increase the law enforcement responsibilities of 
the Federal Government, unless that measure is accompanied by a Federal 
law enforcement impact statement prepared in accordance with section 5.
    (b) Exercise of Rulemaking Powers.--The provisions of subsection 
(a) are enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they shall be considered as part of the rules of such House, 
        respectively, 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 such 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 each House.
    (c) Applicability.--This section shall apply to any consideration 
of a measure after the date that is 1 year after the date of the 
enactment of this Act.

SEC. 5. FEDERAL LAW ENFORCEMENT IMPACT STATEMENT.

    (a) Preparation.--For each measure referred to in section 4 that is 
provided to the Commission by a Senator, Representative in (or Delegate 
or Resident Commissioner to) the Congress, or committee of the Senate 
or the House of Representatives, the Commission shall, as promptly as 
practicable--
            (1) prepare a Federal law enforcement impact statement with 
        respect to that measure; and
            (2) provide that statement to that Senator, Representative, 
        or committee.
    (b) Contents.--A Federal law enforcement impact statement with 
respect to a measure shall, for each provision of that measure that 
would increase the law enforcement responsibilities of the Federal 
Government, contain the findings, conclusions, and recommendations of 
the Commission as to the following:
            (1) The extent to which that increase in responsibilities 
        would occur only as to core Federal responsibilities.
            (2) The extent to which the efforts of States are 
        inadequate to address the purposes to be served by that 
        provision.
            (3) The extent to which the burdens imposed on the Federal 
        court system with respect to that provision could be 
        accommodated within the existing capacity, resources, and 
        structure of that system.

SEC. 6. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``Commission'' means the Commission to Review 
        the Federal Code established under section 3.
            (2) The term ``Director'' means the Director of the 
        Commission.
            (3) The term ``measure'' means a bill or joint resolution, 
        amendment thereto, or conference report thereof.
            (4) The term ``core Federal responsibilities'' mean the 
        responsibilities of the Federal Government in enforcing the 
        following offenses:
                    (A) An offense directly against the Federal 
                Government, including an offense directly against an 
                officer, employee, agency, or instrumentality of the 
                Federal Government.
                    (B) An offense that proscribes an activity with 
                respect to which a clear need for uniform Federal law 
                enforcement exists, including an activity that--
                            (i) involves conduct of such an interstate 
                        or international nature, or of such magnitude 
                        or complexity, that a State acting singly 
                        cannot carry out effective law enforcement with 
                        respect to that conduct; or
                            (ii) involves conduct of overriding 
                        national interest, such as interference with 
                        the exercise of constitutional rights.
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