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

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

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.

END