I
103D CONGRESS
1ST SESSION
H. R. 3521
To establish a Commission on Crime and Violence.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1993
Mr. WHEAT introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To establish a Commission on Crime and Violence.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) there is no more important responsibility of
government than the protection of the lives and
property of its citizens;
(2) a violent crime occurs every 22 seconds in
America;
(3) the Nation’s law enforcement personnel and
criminal justice system lack the resources they need
to fully maintain law and order;
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(4) the proliferation of drugs and guns in the
last 3 decades has dramatically changed the nature
of crime;
(5) it has been 27 years since the Brown Com-
mission redefined the Federal Government’s re-
sponse to crime in America; and
(6) the Nation must commit itself to an ener-
getic, innovative assault on the epidemic of crime in
our society, including—
(A) alternative forms of sentencing to
guarantee swift and sure punishment of crimi-
nals, including the Nation’s growing number of
youth offenders;
(B) initiatives by the public and private
sectors designed to identify and alleviate the
causes of criminal behavior; and
(C) an examination of current laws and
law enforcement practices to determine where
and how resources may be best utilized to fight
crime, reduce burdens on courts and jails, and
stop recidivism.
SEC. 2. ESTABLISHMENT OF COMMISSION ON CRIME AND
VIOLENCE.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘National Commission on
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Crime and Violence in America’’ (referred to as the ‘‘Com-
mission’’).
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The Commission shall be
composed of 22 members, of whom—
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of
the House of Representatives, of whom 2 shall
be appointed on the recommendation of the mi-
nority leader; and
(C) 8 shall be appointed by the President
pro tempore of the Senate, of whom 6 shall be
appointed on the recommendation of the major-
ity leader and 2 shall be appointed on the rec-
ommendation of the minority leader.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing members of the Commission, the President,
Speaker, President pro tempore, and the majority
and minority leaders shall seek to ensure that—
(A) the membership of the Commission re-
flects the racial, ethnic, and gender diversity of
the United States; and
(B) members are specially qualified to
serve on the Commission by reason of their edu-
cation, training, expertise, or experience in—
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(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty,
including health care, housing, education,
and employment.
(3) DEADLINE.—Members of the Commission
shall be appointed within 60 days after the date of
enactment of this Act.
(4) TERM.—Members shall serve on the Com-
mission through the date of its termination under
section 8.
(5) MEETINGS.—The Commission—
(A) shall have its headquarters in the Dis-
trict of Columbia; and
(B) shall meet at least once each month
for a business session.
(6) QUORUM.—Twelve members of the Commis-
sion shall constitute a quorum, but a lesser number
may hold hearings.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—
Not later than 15 days after the members of the
Commission are appointed, the members shall des-
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(3) examine the impact of changes in Federal
immigration laws and policies and increased develop-
ment and growth along United States international
borders on crime and violence in the United States,
particularly among our Nation’s youth;
(4) examine the problem of youth gangs and
provide recommendations on how to reduce youth in-
volvement in violent crime;
(5) examine the extent to which assault weap-
ons and high power firearms have contributed to vio-
lence and murder in the United States;
(6) convene hearings in various parts of the
country to receive testimony from a cross section of
criminal justice professionals, business leaders, elect-
ed officials, medical doctors, and other citizens that
wish to participate;
(7) review all segments of the criminal justice
system, including the law enforcement, prosecution,
defense, judicial, corrections components, in develop-
ing the crime control and antiviolence plan;
(8) develop a comprehensive and effective crime
control and antiviolence plan that will serve as a
blueprint for action in the 1990’s;
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(9) bring attention to successful models and
programs in crime prevention, crime control, and
antiviolence;
(10) reach out beyond the traditional criminal
justice community for ideas when developing the
comprehensive crime control and antiviolence plan;
(11) recommend improvements in the coordina-
tion of Federal, State, local, and international bor-
der crime control efforts;
(12) make a comprehensive study of the eco-
nomic and social factors leading to or contributing
to crime and violence and specific proposals for leg-
islative and administrative actions to reduce crime
and violence and the elements that contribute to
crime and violence; and
(13) recommend means of allocating finite cor-
rectional facility space and resources to the most se-
rious and violent offenders, with the goal of achiev-
ing the most cost-effective crime control and protec-
tion of the community and public safety, after—
(A) examining the issue of disproportionate
incarceration rates among black males and any
other miniority group disproportionately rep-
resented in Federal and State correctional pop-
ulations; and
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(B) considering increased use of alter-
natives to incarceration that offer a reasonable
prospect of equal or better crime control at
equal or less cost than incarceration.
SEC. 4. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—
(1) APPOINTMENT.—After consultation with the
members of the Commission, the Chairperson shall
appoint a director of the Commission (referred to as
the ‘‘Director’’).
(2) COMPENSATION.—The Director shall be
paid the rate of basic pay for level V of the Execu-
tive Schedule.
(b) STAFF.—With the approval of the Commission,
the Director may appoint such personnel as the Director
considers to be appropriate.
(c) CIVIL SERVICE LAWS.—The staff of the Commis-
sion shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service and shall be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Director may procure tem-
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porary and intermittent services under section 3109(b) of
title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Commission, the head of any Federal agency
may detail, on a reimbursable basis, personnel of that
agency to the Commission to assist in carrying out its du-
ties.
(f) PHYSICAL FACILITIES.—The Administrator of the
General Services Administration shall provide suitable of-
fice space for the operation of the Commission. The facili-
ties shall serve as the headquarters of the Commission and
shall include all necessary equipment and incidentals re-
quired for proper functioning.
SEC. 5. POWERS.
(a) HEARINGS.—The Commission may conduct pub-
lic hearings or forums at its discretion, at any time and
place it is able to secure facilities and witnesses, for the
purpose of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action that the Commission is author-
ized to take by this section.
(c) INFORMATION.—The Commission may secure
from any Federal agency or entity in the executive or leg-
islative branch such materials, resources, statistical data,
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and other information as is necessary to enable it to carry
out this Act. Upon request of the Chairperson or Vice
Chairperson of the Commission, the head of a Federal
agency or entity shall furnish the information to the Com-
mission to the extent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 6. REPORTS.
(a) MONTHLY REPORTS.—The Commission shall
submit monthly activity reports to the President and the
Congress.
(b) INTERIM REPORT.—Not later than 1 year before
the date of its termination, the Commission shall submit
an interim report to the President and the Congress con-
taining—