I

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.

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 ‘‘Federalization of

5 Crimes Uniform Standards Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) The State and Federal courts together com2 prise an intertwined system for the delivery of jus3 tice in the United States. The 2 court systems have

4 played different but equally significant roles in the

5 Federal system. The State courts have served as the

6 chief tribunals for trials of criminal law cases.

7 (2) The Federal courts have a more limited ju8 risdiction than the State courts with respect to

9 criminal matters because of the fundamental con10 stitutional principle that the Federal Government is

11 a government of delegated power in which the resid12 ual power remains in the States. In criminal mat13 ters, the jurisdiction of the Federal courts should

14 complement, not supplant, that of the State courts.

15 (3) There is no sound justification for having 2

16 parallel justice systems.

17 (4) Citizens should not be subject to different,

18 competing law enforcement systems, different pen19 alties depending on which system brings them to

20 trial, and an ever-lengthening possibility that they

21 might be tried for the same offense more than once.
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1 SEC. 3. COMMISSION TO REVIEW THE FEDERAL CRIMINAL

2 CODE.

3 (a) ESTABLISHMENT.—There is established in the

4 legislative branch a commission to be known as the ‘‘Com5 mission to Review the Federal Criminal Code’’.

6 (b) DUTIES.—The Commission shall have the fol7 lowing duties, which the Commission shall carry out

8 through the Director:

9 (1) To prepare Federal law enforcement impact

10 statements in accordance with section 5.

11 (2) To review Federal criminal offenses subject

12 to section 6.

13 (3) To carry out, in accordance with this Act,

14 any other activity of the Commission under this Act.

15 (c) MEMBERSHIP.—

16 (1) NUMBER AND APPOINTMENT.—The Com17 mission shall be composed of 5 members appointed

18 as follows:

19 (A) 1 member appointed by the President

20 pro tempore of the Senate.

21 (B) 1 member appointed by the minority

22 leader of the Senate.

23 (C) 1 member appointed by the Speaker of

24 the House of Representatives.

25 (D) 1 member appointed by the minority

26 leader of the House of Representatives.
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1 (E) 1 member appointed by the Chief Jus2 tice of the United States.

3 (2) DISQUALIFICATION.—A person who is an

4 officer or employee of the United States may not be

5 a member of the Commission.

6 (3) TERMS.—Each member shall be appointed

7 for a term of 5 years.

8 (4) VACANCIES.—A vacancy in the Commission

9 shall be filled in the manner in which the original

10 appointment was made.

11 (5) BASIC PAY.—Members shall each be paid at

12 the daily equivalent of the annual rate of basic pay

13 payable for level IV of the Executive Schedule for

14 each day (including travel time) during which they

15 are engaged in the actual performance of duties

16 vested in the Commission.

17 (6) TRAVEL EXPENSES.—Each member shall

18 receive travel expenses, including per diem in lieu of

19 subsistence, in accordance with sections 5702 and

20 5703 of title 5, United States Code.

21 (7) QUORUM.—3 members of the Commission

22 shall constitute a quorum but a lesser number may

23 hold hearings.
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1 (8) CHAIRPERSON.—The member appointed by

2 the Chief Justice of the United States shall serve as

3 the Chairperson of the Commission.

4 (9) MEETINGS.—The Commission shall meet at

5 the call of the Chairperson.

6 (d) STAFFING AND SUPPORT FUNCTIONS.—

7 (1) DIRECTOR.—The Commission shall have a

8 director who shall be appointed by the Chairperson.

9 (2) STAFF.—Subject to rules prescribed by the

10 Commission, the Director may appoint additional

11 personnel as the Commission considers appropriate.

12 (3) APPLICABILITY OFCERTAIN CIVIL SERVICE

13 LAWS.—The Director and staff of the Commission

14 shall be appointed subject to the provisions of title

15 5, United States Code, governing appointments in

16 the competitive service, and shall be paid in accord17 ance with the provisions of chapter 51 and sub18 chapter III of chapter 53 of that title relating to

19 classification and General Schedule pay rates.

20 (e) POWERS.—

21 (1) HEARINGS AND SESSIONS.—The Commis22 sion may for the purpose of carrying out this Act,

23 hold hearings, sit and act at times and places, take

24 testimony, and receive evidence as the Commission

25 considers appropriate. The Commission may admin-
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1 ister oaths or affirmations to witnesses appearing

2 before it. The Commission may establish rules for

3 its proceedings.

4 (2) POWERS OFMEMBERS AND AGENTS.—Any

5 member or agent of the Commission may, if author6 ized by the Commission, take any action which the

7 Commission is authorized to take by this Act.

8 (3) OBTAINING OFFICIAL DATA.—The Commis9 sion may secure directly from any department or

10 agency of the United States information necessary

11 to enable it to carry out this Act. Upon request of

12 the Chair of the Commission, the head of that de13 partment or agency shall furnish that information to

14 the Commission, unless doing so would threaten the

15 national security, the health or safety or any indi16 vidual, or the integrity of an ongoing investigation.

17 (4) ADMINISTRATIVE SUPPORT SERVICES.—

18 Upon the request of the Commission, the Adminis19 trator of General Services shall provide to the Com20 mission, on a reimbursable basis, the administrative

21 support services necessary for the Commission to

22 carry out its responsibilities under this title.

23 (5) REPORTS.—

24 (A) The Commission shall submit to the

25 Congress an initial report not later than 4 years
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1 after the date of the enactment of this Act. The

2 report shall contain, for each Federal criminal

3 offense subject to section 6 with a date of en4 actment on or before the date of the enactment

5 of this Act, the contents specified in subpara6 graph (C) with respect to that offense.

7 (B) For each Federal criminal offense sub8 ject to section 6 enacted after the date of the

9 enactment of this Act, the Commission shall

10 submit to the Congress, not later than 4 years

11 after the date of the enactment of that offense,

12 a report containing the contents specified in

13 subparagraph (C) with respect to that offense.

14 (C) The contents referred to in subpara15 graphs (A) and (B) are the findings, conclu16 sions, and recommendations of the Commission

17 as to the extent to which—

18 (i) that offense is within core Federal

19 responsibilities;

20 (ii) the efforts of States have proven

21 inadequate to address the purposes served

22 by that offense; and

23 (iii) that offense imposes burdens on

24 the Federal court system.
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1 (f) TERMINATION.—Section 14(a)(2)(B) of the Fed2 eral Advisory Committee Act (5 U.S.C. App.; relating to

3 the termination of advisory committees) shall not apply

4 to the Commission.

5 SEC. 4. CONTROLS ON CERTAIN FEDERAL CRIMINAL LEGIS6 LATION.

7 (a) POINT OF ORDER.—It shall not be in order in

8 either the House of Representatives or the Senate to con9 sider any measure containing a provision that would in10 crease the law enforcement responsibilities of the Federal

11 Government, unless that measure is accompanied by a

12 Federal law enforcement impact statement prepared in ac13 cordance with section 5.

14 (b) EXERCISE OF RULEMAKING POWERS.—The pro15 visions of subsection (a) are enacted by Congress—

16 (1) as an exercise of the rulemaking power of

17 the Senate and the House of Representatives, re18 spectively, and as such they shall be considered as

19 part of the rules of such House, respectively, and

20 such rules shall supersede other rules only to the ex21 tent that they are inconsistent therewith; and

22 (2) with full recognition of the constitutional

23 right of either House to change such rules (so far

24 as relating to such House) at any time, in the same
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1 manner, and to the same extent as in the case of

2 any other rule of each House.

3 (c) APPLICABILITY.—This section shall apply to any

4 consideration of a measure after the date that is 1 year

5 after the date of the enactment of this Act.

6 SEC. 5. FEDERAL LAW ENFORCEMENT IMPACT STATEMENT.

7 (a) PREPARATION.—For each measure referred to in

8 section 4 that is provided to the Commission by a Senator,

9 Representative in (or Delegate or Resident Commissioner

10 to) the Congress, or committee of the Senate or the House

11 of Representatives, the Commission shall, as promptly as

12 practicable—

13 (1) prepare a Federal law enforcement impact

14 statement with respect to that measure; and

15 (2) provide that statement to that Senator,

16 Representative, or committee.

17 (b) CONTENTS.—A Federal law enforcement impact

18 statement with respect to a measure shall, for each provi19 sion of that measure that would increase the law enforce20 ment responsibilities of the Federal Government, contain

21 the findings, conclusions, and recommendations of the

22 Commission as to the following:

23 (1) The extent to which that increase in respon24 sibilities would occur only as to core Federal respon25 sibilities.
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1 (2) The extent to which the efforts of States

2 are inadequate to address the purposes to be served

3 by that provision.

4 (3) The extent to which the burdens imposed on

5 the Federal court system with respect to that provi6 sion could be accommodated within the existing ca7 pacity, resources, and structure of that system.

8 SEC. 6. DEFINITIONS.

9 In this Act, the following definitions apply:

10 (1) The term ‘‘Commission’’ means the Com11 mission to Review the Federal Code established

12 under section 3.

13 (2) The term ‘‘Director’’ means the Director of

14 the Commission.

15 (3) The term ‘‘measure’’ means a bill or joint

16 resolution, amendment thereto, or conference report

17 thereof.

18 (4) The term ‘‘core Federal responsibilities’’

19 mean the responsibilities of the Federal Government

20 in enforcing the following offenses:

21 (A) An offense directly against the Federal

22 Government, including an offense directly

23 against an officer, employee, agency, or instru24 mentality of the Federal Government.
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1 (B) An offense that proscribes an activity

2 with respect to which a clear need for uniform

3 Federal law enforcement exists, including an

4 activity that—

5 (i) involves conduct of such an inter6 state or international nature, or of such

7 magnitude or complexity, that a State act8 ing singly cannot carry out effective law

9 enforcement with respect to that conduct;

10 or

11 (ii) involves conduct of overriding na12 tional interest, such as interference with

13 the exercise of constitutional rights.

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