1.This Act may be cited as the
National Criminal Justice Commission
Act of 2009
.
2.Congress finds the following:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
3.Establishment of
commissionThere is
established a commission to be known as the National Criminal Justice
Commission
(referred to in this Act as the
Commission
).
4.Purpose of the
commissionThe 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.
5.
(a)The Commission shall review all areas of Federal and State
criminal justice costs, practices, and policies.
(b)In conducting the review, the Commission shall make such
findings as it deems appropriate, including—
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(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
(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.
6.
(a)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—
(1)refocus
incarceration policies to reduce the overall incarceration rate while
preserving public safety, cost-effectiveness, and societal fairness;
(2)decrease prison
violence, with particular reference to protecting those incarcerated from
physical abuse;
(3)improve prison
administration, including Federal standards of competence and the creation of a
career path for prison administrators;
(4)institute the use
of policies and practices proven effective throughout the spectrum of criminal
behavior;
(5)establish a system
for the reintegration of exoffenders that provides productive skills and
opportunities and improves communities' ability to assimilate former
offenders;
(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;
(7)improve and
streamline the treatment of mental illness, both in our society and in the
criminal justice system;
(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
(9)improve and reform
any other aspect of the United States criminal justice system the Commission
determines is required.
(b)Coordination
with international and domestic government and nongovernment
representativesThe Commission shall—
(1)consult with
government and nongovernmental leaders, including State and local law
enforcement officials; and
(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).
(c)
(1)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.
(2)The report submitted under this subsection shall be
made available to the public.
7.
(a)The Commission shall be composed of 11 members, as
follows:
(1)One member shall
be appointed by the President, who shall serve as Chairman of the
Commission.
(2)Two members
appointed by the majority leader of the Senate, in consultation with the
Chairman of the Committee on Judiciary.
(3)Two members
appointed by the minority leader of the Senate, in consultation with the
ranking member of the Committee on Judiciary.
(4)Two members
appointed by the Speaker of the House of Representatives, in consultation with
the Chairman of the Committee on Judiciary.
(5)Two members
appointed by the minority leader of the House of Representatives, in
consultation with the ranking member of the Committee on Judiciary.
(6)One member
appointed by the Chairman of the Republican Governors Association.
(7)One member
appointed by the Chairman of the Democratic Governors Association.
(b)
(1)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—
(A)law
enforcement;
(B)criminal
justice;
(C)national
security;
(D)prison
administration;
(E)prisoner
reentry;
(F)public health,
including drug addiction and mental health;
(G)victims' rights;
and
(H)social
services.
(2)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.
(3)Members
shall be appointed for the life of the Commission.
(c)Appointment;
initial meeting
(1)Members
of the Commission shall be appointed not later than 45 days after the date of
the enactment of this Act.
(2)The Commission shall hold its initial meeting on the date
that is 60 days after the date of the enactment of this Act.
(d)Meetings;
quorum; vacancies
(1)The
Commission shall meet at the call of the chair or a majority of its
members.
(2)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.
(3)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.
(e)
(1)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)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.
8.
(a)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.
(b)
(1)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.
(2)With the approval of the Commission, the Executive
Director may appoint such personnel as the Executive Director determines to be
appropriate.
(3)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.
(4)Detail of
government employeesUpon 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.
(5)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.
(c)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.
(d)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.
9.Authorization of
appropriations
(a)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.
(b)Any
sums appropriated under the subsection (a) shall remain available, without
fiscal year limitation, until expended.
10.The Commission shall terminate 60 days after
it submits its report to Congress.
1.This Act may be cited as the
National Criminal Justice Commission
Act of 2010
.
2.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.
3.Establishment of
commissionThere is
established a commission to be known as the National Criminal Justice
Commission
(referred to in this Act as the
Commission
).
4.Purpose of the
commissionThe 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.
5.Review and
recommendations
(a)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
recommendationsAfter 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)The Commission shall take into consideration the work
of prior relevant commissions in conducting its review.
(d)State and local
governmentIn 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)The Commission shall conduct public hearings in various
locations around the United States.
(f)Consultation with
government and nongovernment representatives
(1)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 CommissionTo 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)
(1)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)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)The report submitted under this subsection shall be
made available to the public.
(4)Votes on
recommendations in reportConsistent with paragraph (2), the
Commission shall state the vote total for each recommendation contained in its
report to Congress.
6.
(a)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)
(1)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)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)Members
shall be appointed for the life of the Commission.
(c)Appointment; initial
meeting
(1)Members
of the Commission shall be appointed not later than 45 days after the date of
the enactment of this Act.
(2)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)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)The
Commission shall meet at the call of the co-chairs or a majority of its
members.
(2)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)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)
(1)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)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.
7.
(a)
(1)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
compensationThe 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)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)Subparagraph (A) shall not be construed to apply to
members of the Commission.
(4)The compensation of
commissionersEach 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)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)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
employeesUpon 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)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)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)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)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)The Commission shall issue bi-annual status reports to
Congress regarding the use of resources, salaries, and all expenditures of
appropriated funds.
(i)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)Subject
to existing law, the Commission may accept, use, and dispose of gifts or
donations of services or property.
(k)Administrative
assistanceThe 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)The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(2)
(A)
(i)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)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
availabilityMinutes 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)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.
8.Authorization of
appropriations
(a)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)Any
sums appropriated under the subsection (a) shall remain available, without
fiscal year limitation, until expended.
9.The Commission shall terminate 60 days after
it submits its report to Congress.
May 6, 2010
Reported with an amendment