I

104TH CONGRESS

2D SESSION H. R. 2996

To create a commission to encourage cooperation between public sector law

enforcement agencies and private sector security professionals to control

crime.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 29, 1996

Mr. MCCOLLUM introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To create a commission to encourage cooperation between

public sector law enforcement agencies and private sector

security professionals to control crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Law Enforcement and

5 Industrial Security Cooperation Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:
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1 (1) Seventy percent of all money invested in

2 crime prevention and law enforcement each year in

3 the United States is spent by the private sector.

4 (2) There are nearly three employees in private

5 sector security for every one in public law enforce6 ment.

7 (3) More than half of the responses to crime

8 come from private security.

9 (4) A bipartisan study commission specially

10 constituted for the purposes of examining appro11 priate cooperative roles between public sector law en12 forcement and private sector security will be able to

13 offer comprehensive proposals for statutory and pro14 cedural initiatives.

15 SEC. 3. PURPOSES.

16 The purposes of the Commission are as follows:

17 (1) To identify critical issues in crime control

18 and law enforcement which may be better addressed

19 through improved cooperation between public law en20 forcement agencies and private sector security pro21 fessionals.

22 (2) To examine existing models of public-pri23 vate cooperation and, through consultation with

24 leading authorities in law enforcement, private secu25 rity, criminal justice and business, improve such
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1 models or develop new models that promote coopera2 tion between public law enforcement and private se3 curity.

4 (3) To encourage public agencies and private

5 businesses and institutions to make use of effective

6 models for cooperation in crime control and law en7 forcement.

8 (4) To analyze Federal, State, and local stat9 utes which either enhance or inhibit cooperation be10 tween public law enforcement and private security

11 and to recommend changes to such laws which would

12 have the effect of enhancing cooperation between

13 public sector law enforcement agencies and private

14 sector security professionals.

15 SEC. 4. ESTABLISHMENT AND COMPOSITION OF THE COM16 MISSION.

17 (a) ESTABLISHMENT.—There is established a com18 mission to be known as the Law Enforcement and Indus19 trial Security Cooperation Commission (in this Act re20 ferred to as the ‘‘Commission’’).

21 (b) COMPOSITION.—The Commission shall be com22 posed of 12 members, as follows:

23 (1) 3 members to be appointed by the majority

24 leader of the Senate who shall select such members

25 from a list of nominees provided by the Chairperson
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1 of the Committee on the Judiciary of the Senate. Of

2 the 3, one shall be a Member of the Senate, one

3 shall be a representative of public law enforcement,

4 and one shall be a representative of private security.

5 (2) 3 members to be appointed by the minority

6 leader of the Senate who shall select such members

7 from a list of nominees provided by the ranking mi8 nority member of the Committee on the Judiciary of

9 the Senate. Of the 3, one shall be a Member of the

10 Senate, one shall be a representative of public law

11 enforcement, and one shall be a representative of

12 private security.

13 (3) 3 members appointed by the Speaker of the

14 House of Representatives who shall select such

15 members from a list of nominees provided by the

16 chairperson of the Committee on the Judiciary of

17 the House of Representatives. Of the 3, one shall be

18 a Member of the House, one shall be a representa19 tive of public law enforcement, and one shall be a

20 representative of private security.

21 (4) 3 members appointed by the minority leader

22 of the House of Representatives who shall select

23 such members from a list of nominees provided by

24 the ranking minority member of the Committee on

25 the Judiciary of the House of Representatives. Of
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1 the 3, one shall be a Member of the House, one shall

2 be a representative of public law enforcement, and

3 one shall be a representative of private security.

4 (c) CONTINUATION OF MEMBERSHIP.—If a member

5 was appointed to the Commission as a Member of Con6 gress and the member ceases to be a Member of Congress,

7 or was appointed to the Commission because the member

8 was not an officer or employee of any government and

9 later becomes an officer or employee of a government, that

10 member may continue as a member for not longer than

11 the 30-day period beginning on the date that member

12 ceases to be a Member of Congress, or becomes such an

13 officer or employee, as the case may be.

14 (d) CHAIRPERSON.—The Commission shall elect a

15 chairperson from among its members.

16 (e) QUORUM; VACANCY.—

17 (1) IN GENERAL.—After its initial meeting, the

18 Commission shall meet upon the call of the chair19 person or a majority of its members. Seven members

20 of the Commission shall constitute a quorum, except

21 a lesser number may hold hearings.

22 (2) VACANCY.—Any vacancy in the Commission

23 shall not affect its powers but shall be filled in the

24 same manner in which the original appointment was

25 made.
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1 (f) APPOINTMENT OF MEMBERS; MEETING.—

2 (1) APPOINTMENT OF MEMBERS.—Members of

3 the Commission shall be appointed not later than

4 120 days after the date of the enactment of this Act.

5 (2) MEETING.—If after 120 days after the date

6 of enactment of this Act, 7 or more members of the

7 Commission have been appointed, the members who

8 have been appointed may meet and select a chair9 person who thereafter shall have authority to begin

10 the operations of the Commission, including the hir11 ing of staff.

12 SEC. 5. COMPENSATION AND TRAVEL EXPENSES.

13 (a) COMPENSATION.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), a member of the Commission whose serv16 ices are not donated by such member’s employer

17 may be compensated at a rate not to exceed the

18 daily equivalent of the annual rate of basic pay in

19 effect for a position at level IV of the Executive

20 Schedule under section 5315 of title 5, United

21 States Code, for each day during which such mem22 ber is engaged in the actual performance of the du23 ties of the Commission.

24 (2) LIMITATION.—Members of the Commission

25 who are officers or employees of the United States
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1 or Members of Congress shall receive no additional

2 pay on account of their service on the Commission.

3 (b) TRAVEL EXPENSES.—Each member shall receive

4 travel expenses, including per diem in lieu of subsistence,

5 in accordance with sections 5702 and 5703 of title 5,

6 United States Code.

7 SEC. 6. POWERS OF THE COMMISSION.

8 (a) HEARINGS AND SUBPOENAS.—The Commission

9 may hold such hearings, sit and act at such times and

10 places, administer such oaths, take such testimony, receive

11 such evidence, and require by subpoena the attendance

12 and testimony of such witnesses and the production of

13 such materials as the Commission considers appropriate.

14 (b) INFORMATION FROM FEDERAL AGENCIES.—The

15 Commission may secure directly from any Federal depart16 ment or agency such information as the Commission con17 siders necessary to carry out the provisions of this Act.

18 Upon request of the Chairperson of the Commission, the

19 head of such department or agency may furnish such in20 formation to the Commission.

21 (c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

22 request of the Commission, the Administrator of General

23 Services shall provide to the Commission, on a reimburs24 able basis, the administrative support services necessary
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1 for the Commission to carry out its responsibilities under

2 this Act.

3 (d) CONTRACTING.—The Commission may enter into

4 contracts to enable the Commission to discharge its duties

5 under this Act.

6 (e) ASSISTANCE FROM FEDERAL AGENCIES.—

7 (1) IN GENERAL.—Financing of the Commis8 sion and its activities will come from corporate,

9 foundation, and individual contributions. No special

10 appropriation of Federal funds shall be made for the

11 purposes of this Act.

12 (2) FEDERAL SERVICES.—Departments and

13 agencies of the United States are authorized, how14 ever, to provide to the Commission such services,

15 funds, facilities, staff, and other support services as

16 they may deem advisable for the purposes of this

17 Act and as may be authorized by law.

18 (f) GIFTS.—The Commission may accept, use, and

19 dispose of gifts or donations of services or property.

20 SEC. 7. STAFF OF THE COMMISSION.

21 (a) STAFF.—The Commission chairperson, in accord22 ance with rules agreed upon by the Commission and rea23 sonable limitations imposed by budget, may appoint a

24 staff director and such other personnel as may be nec25 essary to enable the Commission to carry out its functions.
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1 The staff director and other personnel may be appointed

2 without regard to the provisions of title 5, United States

3 Code, governing appointments in the competitive service,

4 and may be paid without regard to the provisions of chap5 ter 51 and subchapter III of chapter 53 of that title relat6 ing to classification and General Schedule pay rates.

7 (b) CONSULTANTS AND EXPERTS.—The Commission

8 is authorized to procure the services of experts and con9 sultants in accordance with budgetary strictures.

10 SEC. 8. REPORT.

11 The Commission shall submit to Congress and the

12 Attorney General, not later than 2 years after the date

13 of its first meeting, a final report containing such rec14 ommendations concerning methods and activities that pro15 mote cooperation between public sector law enforcement

16 agencies and private sector security professionals, includ17 ing proposing new or changed procedures, rules, regula18 tions, or legislation.

19 SEC. 9. TERMINATION.

20 Not later than 60 days after submitting its final re21 port pursuant to section 8 the Commission shall termi22 nate.

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