Pub. L. 100-690, tit. VI, subtit. D, sec. 6160

THE NATIONAL ADVISORY COMMISSION ON LAW ENFORCEMENT.

EnactedYear: 1988Length: 1,241 wordsOfficial source
SEC. 6160. THE NATIONAL ADVISORY COMMISSION ON LAW ENFORCEMENT. (a) Definitions.—As used in this section— (1) the term “Commission” means the National Advisory Commission on Law Enforcement; 102 STAT. 4347 (2) the term “Commissioner” means a member of the National Advisory Commission on Law Enforcement; and (3) the term “law enforcement officer” has the same meaning as provided in section 8401(17) of title 5, United States Code. (b) Establishment.—There is established a National Advisory Commission on Law Enforcement, which shall consist of the following members: (1) four members of the United States Senate, 2 of whom shall be selected by the Majority Leader and 2 of whom shall be selected by the Minority Leader; (2) four members of the United States House of Representatives, 2 of whom shall be selected by the Speaker and 2 of whom shall be selected by the Minority Leader; (3) the Comptroller General of the United States, who shall also serve as Chairman of the Commission; (4) the Director of the Office of Personnel Management; (5) the Attorney General of the United States and three other officials of the Department of Justice who shall be designated by the Attorney General; (6) the Secretary of the Treasury and 2 other officials of the Department of the Treasury who shall be designated by the Secretary of the Treasury; (7) the Inspector Generals of 3 departments or agencies of the executive branch of the United States who shall be designated by the President of the United States; and (8) three representatives from Federal employee groups to be selected by the Office of Personnel Management after consultation with the Speaker of the House and the Majority Leader of the Senate. (c) Study.—The Commission shall study the methods and rates of compensation, including salary, overtime pay, retirement policies, and other benefits of law enforcement officers in all Federal agencies, as well as the methods and rates of compensation of State and local law enforcement officers in a representative number of areas where Federal law enforcement officers are assigned, in order to determine— (1) the differences which exist among Federal agencies with regard to the methods and rates of compensation for law enforcement officers; (2) the rational basis, if any, for such differences, considering the nature of the responsibilities of the law enforcement officers in each agency; the qualifications and training required to perform such responsibilities; the degree of personal risk to which the law enforcement officers in each agency are normally exposed in the performance of their duties; and such other factors as the Commission deems relevant in evaluating the differences in compensation among the various agencies; (3) the extent to which inequities appear to exist among Federal agencies with regard to the methods and rates of compensation of law enforcement officers, based on consideration of the factors mentioned in paragraph (2) of this subsection; (4) the feasibility of devising a uniform system of overtime compensation for law enforcement officers in all or most Federal agencies, with due regard for both the special needs of law enforcement officers and the relative cost effectiveness to the 102 STAT. 4348 Government of such a system compared to those currently in use; (5) how the salaries paid to Federal law enforcement officers compare to those of State and local officers in the same geographical area, especially those in “high cost-of-living” areas; (6) the impact of the rates of compensation paid by various Federal agencies on the lifestyle, morale, and general well-being of law enforcement officers, including their ability to subsist; (7) the recruiting and retention problems experienced by Federal agencies due to: inequities in compensation among such agencies; the differences between rates of compensation paid to Federal law enforcement officers and State and local officers in the same geographical areas; and other factors related to compensation; (8) the extent to which Federal legislation and administrative regulations may be necessary or appropriate to rectify inequities among Federal agencies in the methods and rates of compensation for law enforcement officers; to address the lack of uniformity among agencies with regard to overtime pay; to provide premiums or special rates of pay for Federal law enforcement officers in high cost-of-living areas; to ensure that the levels of compensation paid to Federal law enforcement officers will be competitive with those paid to State and local officers in the same geographical areas; and to address such other matters related to the determinations made under this subsection as the Commission deems appropriate in the interests of enhancing the ability of Federal agencies to recruit and retain the most qualified and capable law enforcement officers; and (9) the average retirement age of the Federal agencies and the retirement and benefits policies of Federal agencies. (d) Powers of the Commission.—The Commission shall have the power to— (1) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; (2) enter into and perform, without regard to section 3324 of title 31, United States Code, such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (3) request such information, data, and reports from any Federal agency or instrumentality as the Commission may from time to time require and as may be produced consistent with other law; and (4) hold hearings and call witnesses that might assist the Commission in the exercise of its powers or duties. The Commission shall have such other powers as may be necessary to carry out its functions under this Act and may delegate to any member or designated person such powers as may be appropriate in the conduct of its functions. (e) Resources.—(1) Upon the request of the Commission, each Federal agency is authorized and directed to make its resources, services, equipment, personnel, facilities, and information available 102 STAT. 4349 to the greatest practicable extent to the Commission in the execution of its functions. (2) Each Commissioner may utilize the resources, services, equipment, personnel, information, and facilities of his or her Federal agency or, in the case of the Commissioners who are Members of Congress, his or her congressional office, as may be necessary in the conduct of the Commissioner’s respective functions as a member of the Commission. (f) Quorum.—A simple majority of the Commissioners then serving shall constitute a quorum for the conduct of business by the Commission, and the Commission may exercise its powers and fulfill its duties by the vote of a simple majority of the Commissioners present. (g) Meeting.—The Chairman of the Commission shall call and preside at meetings of the Commission, but the Chairman may delegate to any other Commissioner the authority to preside at meetings of the Commission. (h) Report and Dissolution of Commission.—(1) Within 6 months following the date of enactment of this Act, the Commission shall prepare and deliver to the President of the United States, the President of the Senate, and the Speaker of the House of Representatives, a written report setting forth— (A) the findings and determinations made by the Commission pursuant to section 176(b); and (B) specific proposals for such legislation and administrative regulations as the Commission has determined to be necessary or appropriate pursuant to section 176(b)(8). (2) The Commission shall be terminated 60 days following submission of the report mandated by this section.
Pub. L. 100-690, tit. VI, subtit. D, sec. 6160: THE NATIONAL ADVISORY COMMISSION ON LAW ENFORCEMENT. | Justis AI