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 Com-
mittee 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 com-
mittee 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.
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 ‘‘Federalization of
Crimes Uniform Standards Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The State and Federal courts together com-
prise an intertwined system for the delivery of jus-
tice 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 ju-
risdiction than the State courts with respect to
criminal matters because of the fundamental con-
stitutional principle that the Federal Government is
a government of delegated power in which the resid-
ual power remains in the States. In criminal mat-
ters, 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 pen-
alties 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 ‘‘Com-
mission to Review the Federal Criminal Code’’.
(b) DUTIES.—The Commission shall have the fol-
lowing 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 Com-
mission 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 Jus-
tice 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 accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(e) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion 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 admin-
ister 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 author-
ized by the Commission, take any action which the
Commission is authorized to take by this Act.
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion 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 de-
partment or agency shall furnish that information to
the Commission, unless doing so would threaten the
national security, the health or safety or any indi-
vidual, or the integrity of an ongoing investigation.
(4) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, 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 en-
actment on or before the date of the enactment
of this Act, the contents specified in subpara-
graph (C) with respect to that offense.
(B) For each Federal criminal offense sub-
ject 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 subpara-
graphs (A) and (B) are the findings, conclu-
sions, 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 Fed-
eral 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 LEGIS-
LATION.
(a) POINT OF ORDER.—It shall not be in order in
either the House of Representatives or the Senate to con-
sider any measure containing a provision that would in-
crease the law enforcement responsibilities of the Federal
Government, unless that measure is accompanied by a
Federal law enforcement impact statement prepared in ac-
cordance with section 5.
(b) EXERCISE OF RULEMAKING POWERS.—The pro-
visions of subsection (a) are enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives, re-
spectively, 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 ex-
tent 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 provi-
sion of that measure that would increase the law enforce-
ment 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 respon-
sibilities would occur only as to core Federal respon-
sibilities.
(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 provi-
sion could be accommodated within the existing ca-
pacity, resources, and structure of that system.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ‘‘Commission’’ means the Com-
mission 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 instru-
mentality 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 inter-
state or international nature, or of such
magnitude or complexity, that a State act-
ing singly cannot carry out effective law
enforcement with respect to that conduct;
or
(ii) involves conduct of overriding na-
tional interest, such as interference with
the exercise of constitutional rights.
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