[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Reported in Senate (RS)]

                                                       Calendar No. 369
111th CONGRESS
  2d Session
                                 S. 714

         To establish the National Criminal Justice Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

 Mr. Webb (for himself, Mr. Specter, Mr. Reid, Mr. Leahy, Mr. Durbin, 
Mr. Graham, Mr. Schumer, Mrs. Murray, Mr. Wyden, Mr. Brown of Ohio, Mr. 
  Warner, Mrs. Gillibrand, Mr. Burris, Mr. Kennedy, Mr. Cardin, Mrs. 
McCaskill, Mrs. Hagan, Mr. Bingaman, Mr. Whitehouse, Ms. Landrieu, Mr. 
 Hatch, Mr. Udall of Colorado, Mr. Tester, Mr. Carper, Mr. Casey, Mr. 
 Harkin, Mr. Begich, Ms. Snowe, Mr. Kerry, Mr. Nelson of Florida, Mr. 
    Levin, Mrs. Lincoln, Mr. Franken, Mr. Merkley, Mr. Sanders, Mr. 
 Lautenberg, Mr. Menendez, and Ms. Klobuchar) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                              May 6, 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
         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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Criminal Justice 
Commission Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The United States has the highest reported 
        incarceration rate in the world, imprisoning a higher 
        percentage of its population than any other country. The 
        American incarceration rate is five times the world's average 
        incarceration rate. A total of 2,380,000 people are in 
        prison.</DELETED>
        <DELETED>    (2) Although criminal justice laws and legal 
        procedures depend heavily on State and local law, and although 
        a majority of those imprisoned in the United States are held in 
        non-Federal institutions, the conditions under which Americans 
        are incarcerated and the manner in which former inmates reenter 
        society is a compelling national interest that potentially 
        affects every American citizen and every locality in the 
        country.</DELETED>
        <DELETED>    (3) The American public and their elected 
        officials at all levels of government overwhelmingly support 
        the punishment and incarceration of violent criminals, as well 
        as those who direct and participate in criminal 
        enterprises.</DELETED>
        <DELETED>    (4) Minorities make up a disproportionately large 
        share of prison populations. Black males have a 32 percent 
        chance of serving time in prison at some point in their lives; 
        Hispanic males have a 17 percent chance; white males have a 6 
        percent chance.</DELETED>
        <DELETED>    (5) The number of persons on probation and parole 
        has been growing along with institutional populations. There 
        are 7,300,000 Americans incarcerated or on probation or parole, 
        equal to 1 in every 31 adults, an increase of 290 percent since 
        1980.</DELETED>
        <DELETED>    (6) The number of exoffenders returning to their 
        communities from Federal and State prisons rose to 725,000 in 
        2007, an increase of 19.9 percent since 2000, and a more than 
        doubling in the past 2 decades. On average, 2 out of every 3 
        released prisoners will be rearrested and 1 in 2 will return to 
        prison within 3 years of release.</DELETED>
        <DELETED>    (7) Spending on corrections consumes an 
        increasingly large portion of resources at all levels of 
        government. Corrections expenditures compete with and diminish 
        funding for education, public health, public safety, parks and 
        recreation, and programs specifically designed to reduce the 
        prison population. An analysis by the Pew Charitable Trusts 
        found that over the past 20 years, inflation-adjusted state 
        spending on corrections rose 127 percent while higher education 
        expenditures rose just 21 percent.</DELETED>
        <DELETED>    (8) The National Gang Threat Assessment reports 
        that there are approximately 1,000,000 gang members in the 
        United States. According to reporting by local law enforcement, 
        gangs commit ``as much as 80 percent of the crime in some 
        locations''. Gangs are primary retail distributors of illicit 
        drugs, some of which operate at the regional or national level. 
        According to the 2008 National Drug Threat Survey, 58 percent 
        of law enforcement agencies report gang involvement in drug 
        distribution.</DELETED>
        <DELETED>    (9) The combination of gang activity and the 
        movement of illegal drugs into the country has resulted in 
        unprecedented levels of sophisticated, organized violence along 
        America's southern border and in hundreds of American 
        communities. More than 6,000 people died in Mexico in 2008 
        alone as a result of drug-related violence.</DELETED>
        <DELETED>    (10) Despite high incarceration rates for drug-
        related offenses, illicit drug availability remains consistent. 
        86 percent of high school students report that it is ``very 
        easy'' or ``fairly easy'' to obtain marijuana. 47 percent 
        report the same for cocaine, 39 percent for crack, and 27 
        percent for heroin.</DELETED>
        <DELETED>    (11) Those addicted to and abusive of illicit 
        drugs are an estimated 10 to 20 percent of the drug using 
        population, but account for an estimated half of all illicit 
        drug consumption. Treating addiction will significantly help 
        decrease demand.</DELETED>
        <DELETED>    (12) Drug offenders in prisons and jails have 
        increased 1200 percent since 1980. Nearly a half million 
        persons are in Federal or State prison or local jail for a drug 
        offense, compared to an estimated 41,100 in 1980. A significant 
        percentage of these offenders have no history of violence or 
        high-level drug selling activity.</DELETED>
        <DELETED>    (13) Prisons and jails nationwide have become 
        holding facilities for the mentally ill. There are an estimated 
        350,000 men and women in prisons and jails with serious mental 
        disorders. Approximately 4 times as many mentally ill people 
        are in prisons than in mental health hospitals. Prisoners are 2 
        to 4 times more likely than the general population to be 
        schizophrenic, depressed, bipolar, or suffering from post-
        traumatic stress disorder. Approximately 73 percent of mentally 
        ill inmates suffer from a substance abuse disorder.</DELETED>
        <DELETED>    (14) Prisons have become public health risks. The 
        number of State prisoners with HIV is 2.5 times greater than 
        the general population. The number of State prisoners with 
        hepatitis C is 9 times that of the general 
        population.</DELETED>
        <DELETED>    (15) Prison administration is uneven, lacking 
        clear, affirmative standards of training and performance, 
        varying greatly from institution to institution, locality to 
        locality, and among Federal, State and local 
        jurisdictions.</DELETED>
        <DELETED>    (16) According to a 2007 Bureau of Justice 
        Statistics survey, an estimated 60,500 inmates (or 4.5 percent 
        of all Federal and State inmates) experienced 1 or more 
        incidents of sexual victimization involving other inmates or 
        staff. Analyses suggest that official records of assault in 
        prison (both physical and sexual) only reflect 10 to 20 percent 
        of all assaults in prison.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF COMMISSION.</DELETED>

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

<DELETED>SEC. 4. PURPOSE OF THE COMMISSION.</DELETED>

<DELETED>    The Commission shall undertake a comprehensive review of 
the criminal justice system, make findings related to current Federal 
and State criminal justice policies and practices, and make reform 
recommendations for the President, Congress, and State governments to 
improve public safety, cost-effectiveness, overall prison 
administration, and fairness in the implementation of the Nation's 
criminal justice system.</DELETED>

<DELETED>SEC. 5. REVIEW AND FINDINGS.</DELETED>

<DELETED>    (a) General Review.--The Commission shall review all areas 
of Federal and State criminal justice costs, practices, and 
policies.</DELETED>
<DELETED>    (b) Specific Findings.--In conducting the review, the 
Commission shall make such findings as it deems appropriate, 
including--</DELETED>
        <DELETED>    (1) the statistical areas of increase in the 
        United States incarceration rate compared to historical 
        standards of incarceration in the United States and the reasons 
        for this increase;</DELETED>
        <DELETED>    (2) a comparison of incarceration policies, 
        including juvenile incarceration policies, in countries with 
        similar political systems including Western Europe and Japan, 
        denoting the different standards applied for types of crime, 
        length of sentences, standards of prison administration, 
        quality of reentry programs for exoffenders, and recidivism 
        rates;</DELETED>
        <DELETED>    (3) an examination of prison administration 
        policies at the Federal, State, and local levels, to include 
        the availability and quality of preemployment training programs 
        and the availability of meaningful career progression within 
        the profession;</DELETED>
        <DELETED>    (4) the costs of current incarceration policies at 
        the Federal, State and local level, including the relevant 
        costs of law enforcement, the proportion of that cost 
        associated with gangs and drug enforcement, the costs of 
        constructing and administering prison facilities, the costs of 
        post-incarceration supervision and reentry programs, and the 
        cost of lost economic opportunities associated with the stigma 
        of incarceration;</DELETED>
        <DELETED>    (5) an examination of the impact of gang 
        activities in the United States, including the proportion of 
        these activities that are directed by foreign-based gangs and 
        syndicates, and outlining the impact of these activities in 
        terms of violence, intimidation, and all areas of criminal 
        activity;</DELETED>
        <DELETED>    (6) an examination of current drug policy and its 
        impact on incarceration, crime and violence, sentencing, and 
        reentry programs, to include an analysis of the general 
        availability of drugs in our society, the impact and 
        effectiveness of current policies on reducing that availability 
        and on the incidence of crime, and in the case of criminal 
        offenders, the availability of drug treatment programs before, 
        during, and after incarceration;</DELETED>
        <DELETED>    (7) an examination of the legal and administrative 
        changes in policies regarding those who suffer from mental 
        illness, including mandatory and voluntary commitment to 
        institutional care, the effectiveness and availability of 
        alternative methods of treatment, the impact of these policy 
        changes on incarceration, and the availability of government 
        sponsored or assisted programs to address mental 
        illness;</DELETED>
        <DELETED>    (8) an examination of the historic role of the 
        military (active duty, National Guard, Coast Guard, and reserve 
        forces), in the prevention of crime, the apprehension of 
        criminals, the protection of American citizens, and the 
        maintenance of stability along the national borders; 
        and</DELETED>
        <DELETED>    (9) any other area that the Commission in its 
        judgment believes relevant to a full understanding of the 
        present criminal justice system in the United States.</DELETED>

<DELETED>SEC. 6. DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    (a) Recommendations.--After conducting a review of the 
United States criminal justice system and making findings as required 
by section 5, the Commission shall make recommendations for changes in 
policies and laws designed to--</DELETED>
        <DELETED>    (1) refocus incarceration policies to reduce the 
        overall incarceration rate while preserving public safety, 
        cost-effectiveness, and societal fairness;</DELETED>
        <DELETED>    (2) decrease prison violence, with particular 
        reference to protecting those incarcerated from physical 
        abuse;</DELETED>
        <DELETED>    (3) improve prison administration, including 
        Federal standards of competence and the creation of a career 
        path for prison administrators;</DELETED>
        <DELETED>    (4) institute the use of policies and practices 
        proven effective throughout the spectrum of criminal 
        behavior;</DELETED>
        <DELETED>    (5) establish a system for the reintegration of 
        exoffenders that provides productive skills and opportunities 
        and improves communities' ability to assimilate former 
        offenders;</DELETED>
        <DELETED>    (6) restructure the approach to criminalization 
        of, and incarceration as a result of the possession or use of 
        illegal drugs, decreasing the demand for illicit drugs, and 
        improving the treatment for addiction;</DELETED>
        <DELETED>    (7) improve and streamline the treatment of mental 
        illness, both in our society and in the criminal justice 
        system;</DELETED>
        <DELETED>    (8) improve Federal and local responses to 
        international and domestic criminal activity and violence 
        carried out by gangs, cartels, and syndicates, particularly in 
        relation to drug smuggling and distribution; and</DELETED>
        <DELETED>    (9) improve and reform any other aspect of the 
        United States criminal justice system the Commission determines 
        is required.</DELETED>
<DELETED>    (b) Coordination With International and Domestic 
Government and Nongovernment Representatives.--The Commission shall--
</DELETED>
        <DELETED>    (1) consult with government and nongovernmental 
        leaders, including State and local law enforcement officials; 
        and</DELETED>
        <DELETED>    (2) include in its final report required by 
        subsection (c) summaries of the input and recommendations of 
        these leaders based on the recommendations required by 
        subsection (a).</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) Report.--Not later than 18 months after the 
        selection of the chair and the Executive Director 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 
        and the President.</DELETED>
        <DELETED>    (2) Public availability.--The report submitted 
        under this subsection shall be made available to the 
        public.</DELETED>

<DELETED>SEC. 7. MEMBERSHIP.</DELETED>

<DELETED>    (a) In General.--The Commission shall be composed of 11 
members, as follows:</DELETED>
        <DELETED>    (1) One member shall be appointed by the 
        President, who shall serve as Chairman of the 
        Commission.</DELETED>
        <DELETED>    (2) Two members appointed by the majority leader 
        of the Senate, in consultation with the Chairman of the 
        Committee on Judiciary.</DELETED>
        <DELETED>    (3) Two members appointed by the minority leader 
        of the Senate, in consultation with the ranking member of the 
        Committee on Judiciary.</DELETED>
        <DELETED>    (4) Two members appointed by the Speaker of the 
        House of Representatives, in consultation with the Chairman of 
        the Committee on Judiciary.</DELETED>
        <DELETED>    (5) Two members appointed by the minority leader 
        of the House of Representatives, in consultation with the 
        ranking member of the Committee on Judiciary.</DELETED>
        <DELETED>    (6) One member appointed by the Chairman of the 
        Republican Governors Association.</DELETED>
        <DELETED>    (7) One member appointed by the Chairman of the 
        Democratic Governors Association.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Qualifications.--The individuals appointed 
        from private life as members of the Commission shall be 
        individuals who are nationally recognized for expertise, 
        knowledge, or experience in such relevant areas as--</DELETED>
                <DELETED>    (A) law enforcement;</DELETED>
                <DELETED>    (B) criminal justice;</DELETED>
                <DELETED>    (C) national security;</DELETED>
                <DELETED>    (D) prison administration;</DELETED>
                <DELETED>    (E) prisoner reentry;</DELETED>
                <DELETED>    (F) public health, including drug 
                addiction and mental health;</DELETED>
                <DELETED>    (G) victims' rights; and</DELETED>
                <DELETED>    (H) social services.</DELETED>
        <DELETED>    (2) Disqualification.--An individual shall not be 
        appointed as a member of the Commission if such individual 
        possesses any personal or financial interest in the discharge 
        of any of the duties of the Commission.</DELETED>
        <DELETED>    (3) Terms.--Members shall be appointed for the 
        life of the Commission.</DELETED>
<DELETED>    (c) Appointment; Initial Meeting.--</DELETED>
        <DELETED>    (1) Appointment.--Members of the Commission shall 
        be appointed not later than 45 days after the date of the 
        enactment of this Act.</DELETED>
        <DELETED>    (2) Initial meeting.--The Commission shall hold 
        its initial meeting on the date that is 60 days after the date 
        of the enactment of this Act.</DELETED>
<DELETED>    (d) Meetings; Quorum; Vacancies.--</DELETED>
        <DELETED>    (1) Meetings.--The Commission shall meet at the 
        call of the chair or a majority of its members.</DELETED>
        <DELETED>    (2) Quorum.--Six members of the Commission, 
        including at least one member chosen by the minority leader of 
        the Senate, minority leader of the House of Representatives, or 
        Chairman of the Republican Governors Association, 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.</DELETED>
        <DELETED>    (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 one Commission member chosen by a member of 
        each party, Republican and Democratic, is present.</DELETED>
<DELETED>    (e) Actions of Commission.--</DELETED>
        <DELETED>    (1) In general.--The Commission--</DELETED>
                <DELETED>    (A) shall act by resolution agreed to by a 
                majority of the members of the Commission voting and 
                present; and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) which shall be subject to the 
                        review and control of the Commission; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Delegation.--Any member, agent, or staff of 
        the Commission may, if authorized by the chair of the 
        Commission, take any action which the Commission is authorized 
        to take pursuant to this Act.</DELETED>

<DELETED>SEC. 8. ADMINISTRATION.</DELETED>

<DELETED>    (a) Travel Expenses.--Members shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
sections 5702 and 5703 of title 5, United States Code, while away from 
their homes or regular places of business in performance of services 
for the Commission.</DELETED>
<DELETED>    (b) Staff.--</DELETED>
        <DELETED>    (1) Executive director.--The Commission shall have 
        a staff headed by an Executive Director. The Executive Director 
        shall be paid at a rate equivalent to a rate established for 
        the Senior Executive Service under section 5382 of title 5, 
        United States Code.</DELETED>
        <DELETED>    (2) Staff appointment.--With the approval of the 
        Commission, the Executive Director may appoint such personnel 
        as the Executive Director determines to be 
        appropriate.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) 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 Office of National Drug Control Policy, the Department of 
        State, and other agencies of the executive and legislative 
        branches of the Federal Government. The chair of the Commission 
        shall make requests for such access in writing when necessary. 
        The Office of National Drug Control Policy shall make office 
        space available for day-to-day Commission activities and for 
        the scheduled quarterly full Commission meetings.</DELETED>
<DELETED>    (c) 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 Chair of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission.</DELETED>
<DELETED>    (d) 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.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
for fiscal years 2009 and 2010 such sums are as necessary to carry out 
the purposes of this Act.</DELETED>
<DELETED>    (b) Availability.--Any sums appropriated under the 
subsection (a) shall remain available, without fiscal year limitation, 
until expended.</DELETED>

<DELETED>SEC. 10. SUNSET.</DELETED>

<DELETED>    The Commission shall terminate 60 days after it submits 
its report to Congress.</DELETED>

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 
        and 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, improve 
cost-effectiveness, and ensure the interests of justice at every step 
of the criminal justice system.
    (c) Prior Commissions.--The Commission shall take into 
consideration the work of prior relevant commissions in conducting its 
review.
    (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 formation 
        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 Senate 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, in 
        consultation with the minority leader of the Senate and the 
        minority leader of the House of Representatives, who shall 
        serve as co-chairman of the Commission.
            (2) 1 member shall be appointed by the President, in 
        consultation with the majority leader of the Senate and the 
        Speaker 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; Initial 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) Initial meeting.--The Commission shall hold its initial 
        meeting on the date that is 60 days after the date of the 
        enactment of this Act. If not all Commission members are 
        selected by that date, the Commission shall hold its initial 
        meeting within 15 days of the appointment of all Commission 
        members.
            (3) Ethics.--At the initial 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.
    (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 2010 and 2011 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.
                                                       Calendar No. 369

111th CONGRESS

  2d Session

                                 S. 714

_______________________________________________________________________

                                 A BILL

         To establish the National Criminal Justice Commission.

_______________________________________________________________________

                              May 6, 2010

                       Reported with an amendment