[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1635 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1635

   To establish the National Commission on Federal Marijuana Policy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2013

 Mr. Cohen (for himself, Mr. Polis, Mr. Blumenauer, Mr. Farr, and Mr. 
    Moran) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Energy 
and Commerce, Ways and Means, Financial Services, and Foreign Affairs, 
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 National Commission on Federal Marijuana 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 Commission on Federal 
Marijuana Policy Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1971, Congress created the National Commission on 
        Marihuana and Drug Abuse, led by Governor Raymond P. Shafer, 
        known as the Shafer Commission.
            (2) The Shafer Commission undertook a comprehensive review 
        of the nature and scope of marijuana use, its effects, the 
        relationship of marijuana use to other behavior, and the 
        efficacy of existing law.
            (3) The final report of the Shafer Commission recommended 
        that marijuana be decriminalized.
            (4) Since the Shafer Commission, the Federal Government has 
        expanded its ``War on Drugs'' and continued to prohibit the use 
        of marijuana.
            (5) The District of Columbia and 18 States have legalized 
        and regulated the use of marijuana for medicinal purposes.
            (6) Since 1973, 15 States have decriminalized marijuana for 
        personal use, in some cases based on the Shafer Commission 
        recommendations.
            (7) Since 1973, 2 States have legalized and regulated 
        marijuana for personal use.
            (8) Since the Shafer Commission, the Federal Government has 
        not undertaken a similar review of its policy toward marijuana.
            (9) The Federal Government must reconcile its prohibition 
        of marijuana with the laws of the States where marijuana is 
        legal for some purposes and the likelihood that more States 
        will follow in this path.

SEC. 3. ESTABLISHMENT.

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

SEC. 4. DUTIES.

    The Commission shall undertake a comprehensive review of the state 
and efficacy of current policies of the Federal Government toward 
marijuana in light of the growing number of States in which marijuana 
is legal for medicinal or personal use, including--
            (1) how Federal policy should interact with State laws that 
        make marijuana legal for medicinal or personal use;
            (2) the cost of marijuana prohibition and potential State 
        and Federal regulation of marijuana, as well as the potential 
        revenue generated by taxation of marijuana;
            (3) the impact of Federal banking and tax laws on 
        businesses operating in compliance with State laws related to 
        marijuana;
            (4) the health impacts, both benefits and risks, related to 
        marijuana use, and in comparison to alcohol and tobacco use;
            (5) the domestic and international public safety effects of 
        marijuana prohibition and the impact that regulation and 
        control of marijuana has on public safety;
            (6) the impact of marijuana prohibition on criminal 
        justice, including any racial disparities, and the collateral 
        consequences of prosecution for marijuana possession, including 
        lack of access to housing, education, and employment;
            (7) recommending the appropriate placement of marijuana in 
        the schedule of the Controlled Substances Act (21 U.S.C. 801 et 
        seq.); and
            (8) the effects of marijuana prohibition or future 
        regulation and control of marijuana on international 
        relationships and treaty obligations.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members appointed as follows:
            (1) Five individuals appointed by the President, one of 
        whom the President shall designate as a co-chair of the 
        Commission.
            (2) Two individuals appointed by the Speaker of the House 
        of Representatives, one of whom the Speaker shall designate as 
        a co-chair of the Commission only if the Speaker is not of the 
        same political party of the President.
            (3) Two individuals appointed by the minority leader of the 
        House of Representatives, one of whom the minority leader shall 
        designate as a co-chair of the Commission only if the minority 
        leader is not of the same political party of the President.
            (4) Two individuals appointed by the majority leader of the 
        Senate.
            (5) Two individuals appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--The members of the Commission shall be 
individuals with distinguished reputations for integrity and 
nonpartisanship who are nationally recognized for expertise, knowledge, 
or experience in one or more of the following areas:
            (1) Criminal justice.
            (2) Public health.
            (3) Social policy.
            (4) Economics.
            (5) International law.
    (c) Disqualification.--An individual may not be appointed as a 
member of the Commission if--
            (1) the individual possesses a personal financial interest 
        in the discharge of the duties of the Commission; or
            (2) the individual holds public office, serves as an 
        employee of a political party, is a public official or 
        candidate for office, or has filed and is running as a 
        candidate for election for public office.
    (d) Terms.--Members shall be appointed for the life of the 
Commission.
    (e) Appointment.--Members of the Commission shall be appointed not 
later than 45 days after the date of the enactment of this Act.
    (f) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointment was made. If vacancies in the Commission occur on any day 
after 45 days after the date of the enactment of this Act, a quorum 
shall consist of a majority of the members of the Commission.
    (g) Basic Pay.--
            (1) In general.--Members shall each be entitled to receive 
        the daily equivalent of level V 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.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.

SEC. 6. POWERS.

    (a) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        either of the co-chairs or a majority of its members.
            (2) First meeting.--The Commission shall hold its first 
        meeting on the date that is 60 days after the date of enactment 
        of this Act, or not later than 30 days after the date on which 
        funds are made available for the Commission, whichever is 
        later.
            (3) Quorum.--Seven members of the Commission shall 
        constitute a quorum for purposes of conducting business, except 
        that 2 members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (4) Open to the public.--Meetings of the Commission shall 
        be open to the public. Interested persons shall be permitted to 
        appear at meetings and present oral or written statements on 
        the subject matter of the meeting. The Commission may 
        administer oaths or affirmations to any person appearing before 
        it.
            (5) Notice.--Meetings of the Commission shall be preceded 
        by timely public notice in the Federal Register of the time, 
        place, and subject of the meeting.
    (b) Public Hearings.--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 shall hold hearings in--
            (1) at least 2 States in which marijuana is legal for 
        medicinal purposes;
            (2) at least 2 States in which marijuana is legal for 
        personal use; and
            (3) at least 2 States in which marijuana is not legal for 
        any purpose.
    (c) Commission Panels.--The Commission may establish panels 
composed of less than the full membership of the Commission, but any 
findings or determinations of such panels are not considered findings 
and determinations of the Commission unless approved by the Commission.
    (d) Delegation.--Any member, agent, or staff of the Commission may, 
if authorized by the co-chairs of the Commission, take any action which 
the Commission is authorized to take pursuant to this Act.
    (e) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission.

SEC. 7. ADMINISTRATION.

    (a) Director.--The Commission may appoint a Director to be paid the 
rate of basic pay for level V of the Executive Schedule.
    (b) Staff Appointment and Compensation.--With the approval of the 
Commission, the Director may appoint and fix the pay of additional 
personnel as the Director considers appropriate. Such personnel 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 level V of the Executive Schedule.
    (c) Experts and Consultants.--With the approval of the Commission, 
the Director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code.
    (d) Detail of Government Employees.--Upon the request of the 
Commission, the head of any Federal agency may detail, without 
reimbursement, any of the personnel of such agency to the Commission to 
assist in carrying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service status or 
privileges of the Federal employee.
    (e) 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 the request of a co-
chair of the Commission, the head of that department or agency shall 
furnish that information to the Commission.
    (f) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (g) Contracts.--The Commission is authorized to enter into 
contracts with Federal and State agencies, private firms, institutions, 
and individuals for the conduct of activities necessary to the 
discharge of its duties and responsibilities. A contract, lease, or 
other legal agreement entered into by the Commission may not extend 
beyond the date of the termination of the Commission.
    (h) Gifts.--Subject to existing law, the Commission may accept, 
use, and dispose of gifts or donations of services or property.
    (i) Administrative Assistance.--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 Act. These administrative services 
may include human resource management, budget, leasing, accounting, and 
payroll services.

SEC. 8. REPORT.

    Not later than 1 year after the date on which funds first become 
available to carry out this Act, the Commission shall submit to the 
President and Congress, and make available to the public, a report 
containing the findings, conclusions, and recommendations of the 
Commission.

SEC. 9. TERMINATION.

    The Commission shall terminate 60 days after the date of the 
submission of the report required under section 8.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$10,000,000 to carry out the purposes of this Act.
    (b) Limitation on Use.--Funds appropriated under this Act may not 
be used for international travel.
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