APPENDIX A:
Charter of the Attorney General's Commission on Pornography
- Authority and Official Designation
The Attorney General's Commission on Pornography (the "Commission") will
operate pursuant to the provisions of the Federal Advisory Committee Act, Pub.
L. No. 92-463, 86 Stat. 770 (1972), as amended by the Government in the
Sunshine Act, Pub. L. No. 94-409, S 5 (c), 90 Stat. 1241, 1247 (1976) (the
"Act"). Pursuant to Section 9(c) of the Act, the following information is
provided regarding the Commission.
- 2. Objectives and Scope of Activity
The objectives of the Commission are to determine the nature, extent, and
impact on society of pornography in the United States, and to make specific
recommendations to the Attorney General concerning more effective ways in
which the spread of pornography could be contained, consistent with
constitutional guarantees.
The scope of the Commission includes: a study of the dimensions of the
problem of pornography, particularly visual and graphic pornography, including
changes over the last several years in the nature of pornography, its volume,
the impact of new technology, and pornography that relates to children; an
examination of the means of production and distribution of pornographic
materials, specifically including the role of organized crime in the
pornography business; a review of the available empirical and scientific
evidence on the relationship between exposure to pornographic materials and
antisocial behavior, and on the impact of the creation and dissemination of
both adult and child pornography upon children, including, as appropriate, the
commissioning of new research on these subjects; a review of national, State,
and local efforts, whether by the government or others, to curb pornography;
and the exploration and, where appropriate, the recommendation of possible
roles and initiatives that the Department of justice and agencies of local,
State, and Federal government could pursue in controlling, consistent with
constitutional guarantees, the production and distribution of pornography.
- Organization and Membership
- Membership. The Commission shall be composed of not more than
eleven members appointed by the Attorney General. Any vacancy in the
Commission shall not affect its powers but may be filled by the Attorney
General in his discretion.
- Officers. The Attorney General shall designate one of the members
of the Commission to be the Chairman. The Chairman may appoint, from among
the members of the Commission, such other officers as he deems appropriate.
The Attorney General shall appoint an individual to serve as the Executive
Director of the Commission.
- Designated Government Official. The Attorney General shall
designate one officer or employee of the Department of justice to serve as
the Designated Government Official required by section 10(e) of the Act.
- Operations
- Functions of the Chairman. In accordance with the Act, and
consistent with its provisions regarding participation of the Designated
Government Official, the Chairman shall:
- call meetings and set hearings;
- develop the agenda for meetings and hearings;
- preside at meetings and hearings;
- provide for the keeping of detailed minutes of meetings and
transcripts of hearings of the Commission;
- provide for the maintenance and retention of records of the
Commission; and
- certify the accuracy of the minutes of meetings and transcripts of
hearings of the Commission.
- Functions of the Designated Government Official. The Designated
Government Official shall exercise those duties and responsibilities
required by the Act.
- Functions of the Executive Director. The Executive Director
shall:
- serve as contact point for the public to provide current information
concerning the operations of the Commission;
- under the general direction of the Commission acting through its
Chairman, supervise the operations of the staff; and
- perform such other duties and responsibilities as the Commission
acting through its Chairman may assign.
- Meetings and Hearings of the Commission. It is estimated that the
Commission will hold approximately seven meetings during its term. In
addition, the Commission is empowered to hold hearings and take testimony
concerning any of the issues within its scope of activity, and may hold as
many hearings as it deems necessary to fulfill the objectives of the
Commission. A majority of the appointed and qualified members shall
constitute a quorum, but a lesser number may conduct hearings.
All meetings and hearings of the Commission shall be open to the public
unless a determination has been made by the Attorney General, in accordance
with section 10(d) of the Act, that a meeting or hearing, or a portion
thereof, should be closed to the public. Timely notice of each meeting or
hearing shall be published in the Federal Register stating the name
of the Commission, the time, place, and purpose of the meeting or hearing
and the name, address, and telephone number of the Designated Government
Official or other Department of justice employee, whom members of the public
may contact for further information. Other than in exceptional
circumstances, such notice shall be published at least fifteen days in
advance of the meeting or hearing day. If shorter notice is given, the
reason must be stated in the notice.
- Records of the Commission. The Commission's records shall consist
of all papers, documents, and other materials pertinent to its establishment
and activities, including its charter, agendas of meetings and hearings,
determinations for closed meetings and hearings, minutes, reports, and all
documents related to its proceedings and those of its subgroups, including
working papers, drafts, studies, or other documents made available to or
prepared for or by the Commission or its subgroup. These records shall be
available for public inspection and copying to the extent required by the
Act. These records shall be maintained by the Commission for the term of its
operations, and shall be deposited with the Department of justice upon the
termination of the Commission.
- Minutes of the Meetings. Detailed minutes shall be kept of each
meeting of the Commission, which shall include a record of the persons
present, a complete and accurate description of matters discussed, and
conclusions reached, and copies of all reports received, issued, or approved
by the Commission. The accuracy of such minutes shall be certified by the
Chairman.
- Public Participation. At any meeting of the Commission that is
open to the public, but not at a closed meeting, interested persons shall be
permitted to attend and to file written statements with the Commission. At
any time prior or subsequent to a closed meeting, interested persons shall
be permitted to file written statements with the Commission.
Duration
The Commission shall terminate one year from the date of the first
Commission meeting, which will be sufficient time for the Commission to file
the report required by Paragraph 6. The term of the Commission may be extended
by the Attorney General upon his determination that the Commission requires
additional time to complete its work.
Reporting
Within one year of its first meeting, the Commission shall report its
findings and conclusions to the Attorney General. If the Commission determines
that more time is required to provide an opportunity to review additional
evidence or complete its work, it shall so report.
Support Services
The Department of justice shall provide all necessary support services for
the Commission.
Duties
The duties of the Commission are solely advisory; these duties are to carry
out the objectives set forth in Paragraph 2.
Remuneration
Commissioners shall receive no remuneration other than compensation for
travel and per diem expenses incurred in connection with the Commission's
business.
Estimated Annual Costs
The Office of Justice Programs and the Office of Legal Policy shall provide
the estimated annual cost of $400,000 for the operation of the Commission.
Approximately ten work-years of staff support will be required.
Date Charter Filed
The Commission's Charter was filed on March 29, 1985.
William French Smith
Attorney General |