[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5143 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 514
111th CONGRESS
  2d Session
                                H. R. 5143


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2010

                                Received

                             August 5, 2010

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
         To establish the National Criminal Justice Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Criminal Justice Commission 
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the Nation to establish a 
        commission to undertake a comprehensive review of the criminal 
        justice system;
            (2) there has not been a comprehensive study since the 
        President's Commission on Law Enforcement and Administration of 
        Justice was established in 1965;
            (3) that commission, in a span of 18 months, produced a 
        comprehensive report entitled ``The Challenge of Crime in a 
        Free Society,'' which contained 200 specific recommendations on 
        all aspects of the criminal justice system involving Federal, 
        State, tribal, and local governments, civic organizations, 
        religious institutions, business groups, and individual 
        citizens; and
            (4) developments over the intervening 45 years require once 
        again that Federal, State, tribal, and local governments, civic 
        organizations, religious institutions, business groups, and 
        individual citizens come together to review evidence and 
        consider how to improve the criminal justice system.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Criminal Justice Commission'' (referred to in this Act as the 
``Commission'').

SEC. 4. PURPOSE OF THE COMMISSION.

    The Commission shall undertake a comprehensive review of the 
criminal justice system, encompassing current Federal, State, local, 
and tribal criminal justice policies and practices, and make reform 
recommendations for the President, Congress, State, local, and tribal 
governments.

SEC. 5. REVIEW AND RECOMMENDATIONS.

    (a) General Review.--The Commission shall undertake a comprehensive 
review of all areas of the criminal justice system, including Federal, 
State, local, and tribal governments' criminal justice costs, 
practices, and policies.
    (b) Findings and Recommendations.--After conducting a review of the 
United States criminal justice system as required by section 5(a), the 
Commission shall make findings regarding such review and 
recommendations for changes in oversight, policies, practices, and laws 
designed to prevent, deter, and reduce crime and violence, reduce 
recidivism, improve cost-effectiveness, and ensure the interests of 
justice at every step of the criminal justice system.
    (c) Report Advisory in Nature.--No finding or recommendation made 
by the Commission in its report shall be binding on any Federal, State, 
Tribal, or local unit of government. The findings and recommendations 
of the Commission are advisory in nature.
    (d) State and Local Government.--In making its recommendations, the 
Commission should consider the financial and human resources of State 
and local governments. Recommendations shall not infringe on the 
legitimate rights of the States to determine their own criminal laws or 
the enforcement of such laws.
    (e) Public Hearings.--The Commission shall conduct public hearings 
in various locations around the United States.
    (f) Consultation With Government and Nongovernment 
Representatives.--
            (1) In general.--The Commission shall--
                    (A) closely consult with Federal, State, local, and 
                tribal government and nongovernmental leaders, 
                including State, local, and tribal law enforcement 
                officials, legislators, public health officials, 
                judges, court administrators, prosecutors, defense 
                counsel, victims' rights organizations, probation and 
                parole officials, criminal justice planners, 
                criminologists, civil rights and liberties 
                organizations, formerly incarcerated individuals, 
                professional organizations, and corrections officials; 
                and
                    (B) include in the final report required by 
                subsection (g) summaries of the input and 
                recommendations of these leaders.
            (2) United states sentencing commission.--To the extent the 
        review and recommendations required by this section relate to 
        sentencing policies and practices for the Federal criminal 
        justice system, the Commission shall conduct such review and 
        make such recommendations in consultation with the United 
        States Sentencing Commission.
    (g) Report.--
            (1) Report.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall prepare and 
        submit a final report that contains a detailed statement of 
        findings, conclusions, and recommendations of the Commission to 
        Congress, the President, State, local, and tribal governments.
            (2) Goal of unanimity.--It is the sense of the Congress 
        that, given the national importance of the matters before the 
        Commission, the Commission should work toward unanimously 
        supported findings and recommendations.
            (3) Public availability.--The report submitted under this 
        subsection shall be made available to the public.
            (4) Votes on recommendations in report.--Consistent with 
        paragraph (2), the Commission shall state the vote total for 
        each recommendation contained in its report to Congress.

SEC. 6. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 14 members, as 
follows:
            (1) 1 member shall be appointed by the President, who shall 
        serve as co-chairman of the Commission.
            (2) 1 member shall be appointed by the minority leader of 
        the Senate, in consultation with the minority leader of the 
        House of Representatives, who shall serve as co-chairman of the 
        Commission.
            (3) 2 members appointed by the majority leader of the 
        Senate, in consultation with the Chairman of the Committee on 
        the Judiciary.
            (4) 2 members appointed by the minority leader of the 
        Senate, in consultation with the ranking member of the 
        Committee on Judiciary.
            (5) 2 members appointed by the Speaker of the House of 
        Representatives, in consultation with the Chairman of the 
        Committee on Judiciary.
            (6) 2 members appointed by the minority leader of the House 
        of Representatives, in consultation with the ranking member of 
        the Committee on Judiciary.
            (7) 2 members, who shall be State and local 
        representatives, shall be appointed by the President in 
        agreement with the minority leader of the Senate and the 
        minority leader of the House of Representatives.
            (8) 2 members, who shall be State and local 
        representatives, shall be appointed by the President in 
        agreement with the majority leader of the Senate and the 
        Speaker of the House of Representatives.
    (b) Membership.--
            (1) Qualifications.--The individuals appointed from private 
        life as members of the Commission shall be individuals with 
        distinguished reputations for integrity and nonpartisanship who 
        are nationally recognized for expertise, knowledge, or 
        experience in such relevant areas as--
                    (A) law enforcement;
                    (B) criminal justice;
                    (C) national security;
                    (D) prison and jail administration;
                    (E) prisoner reentry;
                    (F) public health, including physical and sexual 
                victimization, drug addiction and mental health;
                    (G) victims' rights;
                    (H) civil liberties;
                    (I) court administration;
                    (J) social services; and
                    (K) State, local, and tribal government.
            (2) Disqualification.--An individual shall not be appointed 
        as a member of the Commission if such individual possesses any 
        personal financial interest in the discharge of any of the 
        duties of the Commission.
            (3) Terms.--Members shall be appointed for the life of the 
        Commission.
    (c) Appointment; First Meeting.--
            (1) Appointment.--Members of the Commission shall be 
        appointed not later than 45 days after the date of the 
        enactment of this Act.
            (2) First meeting.--The Commission shall hold its first 
        meeting on the date that is 60 days after the date of enactment 
        of this Act, or not later than 30 days after the date on which 
        funds are made available for the Commission, whichever is 
        later.
            (3) Ethics.--At the first meeting of the Commission, the 
        Commission shall draft appropriate ethics guidelines for 
        commissioners and staff, including guidelines relating to 
        conflict of interest and financial disclosure. The Commission 
        shall consult with the Senate and House Committees on the 
        Judiciary as a part of drafting the guidelines and furnish the 
        Committees with a copy of the completed guidelines.
    (d) Meetings; Quorum; Vacancies.--
            (1) Meetings.--The Commission shall meet at the call of the 
        co-chairs or a majority of its members.
            (2) Quorum.--Seven members of the Commission, including at 
        least 2 members chosen by either the Senate Majority Leader, 
        Speaker of the House, or Senate Majority Leader and Speaker of 
        the House in agreement with the President and 2 members chosen 
        by either the Senate Minority Leader, House Minority Leader, or 
        Senate Minority Leader and House Minority Leader in agreement 
        with the President, shall constitute a quorum for purposes of 
        conducting business, except that 2 members of the Commission 
        shall constitute a quorum for purposes of receiving testimony.
            (3) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made. If vacancies in the 
        Commission occur on any day after 45 days after the date of the 
        enactment of this Act, a quorum shall consist of a majority of 
        the members of the Commission as of such day, so long as at 
        least 1 Commission member chosen by a member of each party, 
        Republican and Democratic, is present.
    (e) Actions of Commission.--
            (1) In general.--The Commission--
                    (A) shall act by resolution agreed to by a majority 
                of the members of the Commission voting and present; 
                and
                    (B) may establish panels composed of less than the 
                full membership of the Commission for purposes of 
                carrying out the duties of the Commission under this 
                title--
                            (i) which shall be subject to the review 
                        and control of the Commission; and
                            (ii) any findings and determinations made 
                        by such a panel shall not be considered the 
                        findings and determinations of the Commission 
                        unless approved by the Commission.
            (2) Delegation.--Any member, agent, or staff of the 
        Commission may, if authorized by the co-chairs of the 
        Commission, take any action which the Commission is authorized 
        to take pursuant to this Act.

SEC. 7. ADMINISTRATION.

    (a) Staff.--
            (1) Executive director.--The Commission shall have a staff 
        headed by an Executive Director. The Executive Director shall 
        be paid at a rate established for the Certified Plan pay level 
        for the Senior Executive Service under section 5382 of title 5, 
        United States Code.
            (2) Appointment and compensation.--The co-chairs of the 
        Commission shall designate and fix the compensation of the 
        Executive Director and, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
            (4) The compensation of commissioners.--Each member of the 
        Commission may be compensated at not to exceed the daily 
        equivalent of the annual rate of basic pay in effect for a 
        position at level V of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day during which 
        that member is engaged in the actual performance of the duties 
        of the Commission. All members of the Commission who are 
        officers or employees of the United States , State, or local 
        government shall serve without compensation in addition to that 
        received for their services as officers or employees.
            (5) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.
    (b) Experts and Consultants.--With the approval of the Commission, 
the Executive Director may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code.
    (c) Detail of Government Employees.--Upon the request of the 
Commission, the head of any Federal agency may detail, without 
reimbursement, any of the personnel of such agency to the Commission to 
assist in carrying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service status or 
privileges of the Federal employee.
    (d) Other Resources.--The Commission shall have reasonable access 
to materials, resources, statistical data, and other information such 
Commission determines to be necessary to carry out its duties from the 
Library of Congress, the Department of Justice, the Office of National 
Drug Control Policy, the Department of State, and other agencies of the 
executive and legislative branches of the Federal Government. The co-
chairs of the Commission shall make requests for such access in writing 
when necessary.
    (e) Volunteer Services.--Notwithstanding the provisions of section 
1342 of title 31, United States Code, the Commission is authorized to 
accept and utilize the services of volunteers serving without 
compensation. The Commission may reimburse such volunteers for local 
travel and office supplies, and for other travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of Title 
5, United States Code. A person providing volunteer services to the 
Commission shall be considered an employee of the Federal Government in 
performance of those services for the purposes of chapter 81 of title 5 
of the United States Code, relating to compensation for work-related 
injuries, chapter 171 of title 28 of the United States Code, relating 
to tort claims, and chapter 11 of title 18 of the United States Code, 
relating to conflicts of interest.
    (f) Obtaining Official Data.--The Commission may secure directly 
from any agency of the United States information necessary to enable it 
to carry out this Act. Upon the request of the co-chairs of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission. The Commission shall not have access to 
sensitive information regarding ongoing investigations.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (h) Administrative Reporting.--The Commission shall issue bi-annual 
status reports to Congress regarding the use of resources, salaries, 
and all expenditures of appropriated funds.
    (i) Contracts.--The Commission is authorized to enter into 
contracts with Federal and State agencies, private firms, institutions, 
and individuals for the conduct of activities necessary to the 
discharge of its duties and responsibilities. A contract, lease or 
other legal agreement entered into by the Commission may not extend 
beyond the date of the termination of the Commission.
    (j) Gifts.--Subject to existing law, the Commission may accept, 
use, and dispose of gifts or donations of services or property.
    (k) Administrative Assistance.--The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act. These administrative services 
may include human resource management, budget, leasing, accounting, and 
payroll services.
    (l) Nonapplicability of Faca and Public Access to Meetings and 
Minutes.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Meetings and minutes.--
                    (A) Meetings.--
                            (i) Administration.--All meetings of the 
                        Commission shall be open to the public, except 
                        that a meeting or any portion of it may be 
                        closed to the public if it concerns matters or 
                        information described in section 552b(c) of 
                        title 5, United States Code. Interested persons 
                        shall be permitted to appear at open meetings 
                        and present oral or written statements on the 
                        subject matter of the meeting. The Commission 
                        may administer oaths or affirmations to any 
                        person appearing before it.
                            (ii) Notice.--All open meetings of the 
                        Commission shall be preceded by timely public 
                        notice in the Federal Register of the time, 
                        place, and subject of the meeting.
                    (B) Minutes and public availability.--Minutes of 
                each open meeting shall be kept and shall contain a 
                record of the people present, a description of the 
                discussion that occurred, and copies of all statements 
                filed. The minutes and records of all open meetings and 
                other documents that were made available to or prepared 
                for the Commission shall be available for public 
                inspection and copying at a single location in the 
                offices of the Commission.
    (m) Archiving.--Not later than the date of termination of the 
Commission, all records and papers of the Commission shall be delivered 
to the Archivist of the United States for deposit in the National 
Archives.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for fiscal 
years 2011 and 2012 such sums are as necessary to carry out the 
purposes of this Act, not to exceed $7,000,000 per year for each fiscal 
year, and not more than $14,000,000 total. None of the funds 
appropriated under this Act may be utilized for international travel.
    (b) Availability.--Any sums appropriated under the subsection (a) 
shall remain available, without fiscal year limitation, until expended.

SEC. 9. SUNSET.

    The Commission shall terminate 60 days after it submits its report 
to Congress.

SEC. 10. COMPLIANCE WITH PAYGO.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the Budget of the House of 
Representatives, provided that such statement has been submitted prior 
to the vote on passage.

            Passed the House of Representatives July 27, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 514

111th CONGRESS

  2d Session

                               H. R. 5143

_______________________________________________________________________

                                 AN ACT

         To establish the National Criminal Justice Commission.

_______________________________________________________________________

                             August 5, 2010

                 Read twice and placed on the calendar