I
105TH CONGRESS
1ST SESSION
H. R. 1345
To establish the Commission on National Drug Policy.
IN THE HOUSE OF REPRESENTATIVES
APRIL 16, 1997
Mr. CUMMINGS (for himself, Mr. CLAY, Mr. JEFFERSON, Mr. FOGLIETTA, Mr.
FORD, Mr. DELLUMS, Ms. BROWN of Florida, Mr. FILNER, Mr. FROST,
Ms. PELOSI, Mrs. MEEK of Florida, Mr. CLYBURN, Ms. CARSON, Ms.
NORTON, Ms. JACKSON-LEE of Texas, Mr. SCOTT, Mr. OWENS, and Mr.
RUSH) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Commerce, 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 com-
mittee concerned
A BILL
To establish the Commission on National Drug Policy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Drug Policy
Act of 1997’’.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
‘‘Commission on National Drug Policy’’ (hereinafter in
this Act referred to as the ‘‘Commission’’).
SEC. 3. DUTIES OF COMMISSION.
(a) STUDY.—The Commission shall conduct a com-
prehensive study of the unlawful production, distribution,
and use of controlled substances, including—
(1) an investigation into the various causes of
the unlawful use in the United States of controlled
substances and the relative significance of the var-
ious causes;
(2) an evaluation of the efficacy of existing
Federal laws regarding the unlawful production, dis-
tribution, and use of controlled substances, including
the efficacy of Federal minimum sentences for viola-
tions of the laws regarding the unlawful sale and use
of controlled substances;
(3) an analysis of the costs, benefits, risks, and
advantages of the present national policy regarding
controlled substances and of potential modifications
of that policy, including an analysis of what propor-
tion of the funds dedicated to combating the unlaw-
ful sale and use of controlled substances should be
devoted to—
(A) interdicting controlled substances en-
tering the United States unlawfully;
(B) enforcing Federal laws relating the un-
lawful production, distribution, and use of con-
trolled substances;
(C) education and other forms of prevent-
ing the unlawful use of controlled substances;
or
(D) rehabilitating individuals who use con-
trolled substances unlawfully; and
(4) an analysis of methods of rehabilitation, in-
cluding an evaluation of the efficacy of current
methods and suggestions for new methods.
(b) REPORT.—
(1) IN GENERAL.—Not later than 18 months
after the Commission first meets, the Commission
shall submit to the President and to Congress a re-
port which shall contain a detailed statement of the
findings and conclusions of the Commission, to-
gether with its recommendations for such legislative
and administrative actions as it considers appro-
priate.
(2) PUBLIC
AVAILABILITY.—The Commission
shall make copies of the report available to the pub-
lic upon request.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 13 members appointed from among
qualified individuals, as described in subsection (c), as fol-
lows:
(1) The President shall appoint 5 members, not
more than 3 of whom may be members of the same
political party.
(2) The majority leader of the Senate and the
minority leader of the Senate shall each appoint 2
members.
(3) The Speaker of the House of Representa-
tives and the minority leader of the House of Rep-
resentatives shall each appoint 2 members.
(b) DEADLINE.—The appointments under subsection
(a) shall be made not later than 60 days after the date
of the enactment of this Act.
(c) QUALIFICATIONS.—
(1) IN GENERAL.— For purposes of subsection
(a), qualified individuals are individuals who rep-
resent professions that deal with those involved in
the unlawful production, distribution, and use of
controlled substances, including—
(A) law enforcement officials,
(B) physicians,
(C) social workers,
(D) judges and attorneys,
(E) Drug Enforcement Agency staff,
(F) drug rehabilitation counselors,
(G) religious leaders,
(H) community leaders from inner-city
communities,
(I) educators, and
(J) individuals with academic expertise in
issues surrounding the unlawful production, dis-
tribution, and use of controlled substances.
(2) RESTRICTIONS.—An individual who holds an
elected Federal office is not eligible for appointment to
the Commission.
(d) TERMS.—Each member shall be appointed for the
life of the Commission.
(e) VACANCIES.—A vacancy in the membership of the
Commission shall be filled in the manner in which the
original appointment was made and shall not affect the
powers of the Commission.
(f) COMPENSATION; REIMBURSEMENT
OF
EX-
PENSES.—
(1) COMPENSATION.—Members of the Commis-
sion may not receive compensation for service on the
Commission, subject to paragraph (2).
(2) REIMBURSEMENT.—Members of the Com-
mission may be reimbursed, in accordance with
chapter 57 of title 5, United States Code, for travel,
subsistence, and other necessary expenses incurred
in carrying out the duties of the Commission.
(g) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser num-
ber may hold hearings.
(h) CHAIRPERSON; VICE CHAIRPERSON.—At the
time of appointment, the President shall designate 1 of
the members of the Commission as the chairperson and
1 of the members of the Commission as the vice chair-
person.
(i) MEETINGS.—
(1) IN GENERAL.—The Commission shall meet
at the call of the chairperson or a majority of the
members of the Commission.
(2) MONTHLY
MEETING.—The Commission
shall meet not less frequently than once a month.
SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS.
(a) STAFF.—
(1) APPOINTMENT AND PAY.—The Commission
may appoint and fix the pay of personnel as it con-
siders appropriate.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The staff of the Commission may be ap-
pointed 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 indi-
vidual so appointed may not receive pay in excess
of the maximum annual rate of pay for grade GS–
15 of the General Schedule in effect under section
5332 of title 5, United States Code.
(b) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary or intermittent services under sec-
tion 3109(b) of title 5, United States Code, at a rate of
pay not to exceed the daily equivalent of the maximum
annual rate of pay for grade GS–15 of the General Sched-
ule in effect under section 5332 of title 5, United States
Code.
(c) STAFF OF FEDERAL AGENCIES.—At the request
of the Commission, the head of any Federal department
or agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) HEARINGS AND SESSIONS.—
(1) AUTHORITY.—To carry out this Act, the
Commission may hold the hearings, sit and act at
the times and places, take the testimony, and receive
the evidence that the Commission considers appro-
priate.
(2) OPEN MEETINGS.—The Commission shall
be considered an agency for the purposes of section
552b of title 5, United States Code, relating to the
requirement that meetings of Federal agencies be
open to the public.
(3) TRANSCRIPTS.—Transcripts of a hearing
held under paragraph (1) shall be published and
shall be made available, upon request, to the public
within a reasonable time after the conclusion of the
hearing.
(b) POWERS OF MEMBERS AND AGENTS.—If author-
ized by the Commission, any member or agent of the Com-
mission may take any action that the Commission is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL INFORMATION.—
(1) AUTHORITY AND PROCEDURE FOR OBTAIN-
ING INFORMATION.—The Commission may secure di-
rectly from any Federal agency information nec-
essary to enable it to carry out this Act. At the re-
quest of the chairperson of the Commission, the
head of the agency shall furnish the information to
the Commission.
(2) USE AND DISCLOSURE OF INFORMATION.—
The Commission shall be subject to the same restric-
tions regarding the use or disclosure of any informa-
tion obtained from any Federal agency under this
subsection as are applicable to the use or disclosure
of the information by the Federal agency from which
it is obtained.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(e) ADMINISTRATIVE SUPPORT SERVICES.—At the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out this Act.
(f) EXPENDITURES AND CONTRACTS.—
(1) IN GENERAL.—The Commission may make
expenditures and enter into contracts for the pro-
curement of the supplies, services, and property the
Commission considers appropriate to carry out this
Act without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5).
(2) LIMITATION.—The aggregate amount of
such expenditures and contracts may be made only
to the extent or in the amounts provided in appro-
priations Acts.
SEC. 7. TERMINATION.
The Commission shall terminate 60 days after the
submission of the report under section 3(b)(1).
SEC. 8. DEFINITIONS.
In this Act:
(1) 
CONTROLLED
SUBSTANCE.—The 
term
‘‘controlled substance’’ has the meaning given such
term in section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6)).
(2) DISTRIBUTION.—The term ‘‘distribution’’ is
the nominative form of the term ‘‘distribute’’ as that
term is defined in section 102(11) of the Controlled
Substances Act (21 U.S.C. 802(11)).
(3) PRODUCTION.—The term ‘‘production’’ has
the meaning given such term in section 102(22) of
the Controlled Substances Act (21 U.S.C. 802(22)).
(4) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning given such term in section
105 of title 5, United States Code.
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