[Congressional Record Volume 156, Number 111 (Tuesday, July 27, 2010)]
[House]
[Pages H6129-H6133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL CRIMINAL JUSTICE COMMISSION ACT OF 2010
Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5143) to establish the National Criminal Justice
Commission, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5143
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
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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.--
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(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Smith) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
Mr. Speaker, the goal of H.R. 5143 is to examine the criminal justice
system in its entirety in order to make recommendations for appropriate
reform to the President and Congress as well as State, local and tribal
governments. The United States depends on the criminal justice system
to maintain our safety and security and we expect it to be reliable,
fair and effective. It must provide a sense of justice for all
Americans, and must treat victims and their families with compassion.
The last comprehensive review of our criminal justice system was
President Johnson's Commission on Law Enforcement and Administration of
Justice conducted more than 45 years ago. Despite the progress in
achieving fair and effective outcomes in the criminal justice system
since President Johnson's commission was convened, there is still work
that needs to be done to fulfill these objectives.
Currently, the United States has the highest reported incarceration
rate in the world. Whereas most countries lock up between 50 and 200
people for every 100,000 in their population, and only a handful of
countries lock up more than 300 per 100,000, the United States leads
the world in over 700 per 100,000 locked up today. This number is
particularly egregious when you review the recent study conducted by
Pew Research Center that concluded that for any rate that exceeds 300
per 100,000, the cost of additional incarceration produced diminishing
returns; and any rate over 500 per 100,000 is actually
counterproductive. The United States' rate again is over 700 per
100,000. Minorities make up an alarmingly disproportionate share of the
incarcerated population of adults and juveniles. In fact, the
incarceration rate for African Americans approaches 4,000 per 100,000
in several States. And when you consider the Pew study that anything
over 500 was counterproductive, we can see that a lot of money is being
wasted in counterproductive incarceration. In fact, in those 10 States
with the incarceration rate of African Americans approaching 4,000, you
could spend thousands of dollars for every child in those communities
with the money that's being wasted now on counterproductive
incarceration. That money could be put in evidence-based programs that
have been shown and proven not only to reduce crime but save more money
than the programs cost. We know that those comprehensive plans work.
They work everywhere you put them into effect; and we need to invest in
those rather than counterproductive incarceration.
H.R. 5143 calls for a distinguished, nonpartisan group of experts to
undertake a comprehensive review of the criminal justice system to
promote broad reform. While this bill calls for an examination of the
criminal justice system, it is intended to advance a national
conversation and facilitate policy changes to complement, not replace,
ongoing reform efforts.
The companion bill to this bill was introduced in the Senate by my
Virginia colleague, Senator Jim Webb, who has been a tireless and
strong advocate for this study commission. This bill in the House has
been introduced by a former prosecutor, the gentleman from
Massachusetts (Mr. Delahunt), who has also been a strong advocate for
intelligent criminal justice policies. For these reasons, I urge my
colleagues to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 5143 establishes a National Criminal Justice
Commission consisting of a bipartisan panel of 14 experts appointed by
the President, the Majority and Minority Leaders in the Senate, the
Speaker and Minority Leader in the House. The commission will review
all areas of the criminal justice system at the Federal, State, local
and tribal levels. It will also examine national trends in criminal
justice costs, practices and policies.
Further, the commission will provide recommendations for changes to
prevent, defer and reduce crime and violence. The recommendations
should also help to reduce recidivism, improve cost effectiveness and
ensure the interests of justice at every step of the criminal justice
system.
H.R. 5143 expresses the sense of Congress that the commission should
work towards unanimity in making its findings and recommendations.
Senator Jim Webb of Virginia introduced legislation to establish this
commission in the Senate. The bill is cosponsored by a group of 39
Senators.
In the House, my friend from Massachusetts, Bill Delahunt, a
colleague on the Judiciary Committee and a former district attorney
himself, introduced the House companion legislation to establish the
commission. As a senior member of the Judiciary Committee, the
gentleman from Massachusetts reached across the aisle to Republican
members, including the gentleman from California (Mr. Issa) and the
gentleman from Florida (Mr. Rooney) as well as myself to cosponsor this
important piece of legislation.
{time} 1840
I must confess initially to having some concerns about the bill. Why
do we need another commission to do the work and consider the issues
that we in Congress and on the Judiciary Committee ought to be doing?
However, my friend from Massachusetts was insistent and persuasive in
convincing me that the commission will be able to consider the data and
underlying policy considerations without political considerations.
Another reason, Mr. Speaker, to support the measure is that it will
serve as a fitting tribute to our colleague from Massachusetts, who is
retiring at the end of this Congress. Passage of this bill represents
an historic opportunity to undertake a bipartisan, thorough, and
comprehensive review of what works and what does not work at every
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level of the criminal justice system. For this, and for his many other
contributions to the American people, we can thank Congressman
Delahunt, who I know is getting ready to speak on this legislation
momentarily.
I urge my colleagues to vote in favor of H.R. 5143. And before I
reserve the balance of my time, I want to thank the gentleman from
Massachusetts (Mr. Delahunt) for being such an active and effective
member of the Judiciary Committee, for being a close personal friend,
whose advice I clearly take.
With that, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the lead sponsor of the House bill, former prosecutor, the
gentleman from Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Thank you, Mr. Chairman.
Before I begin, let me extend a note of gratitude to the ranking
member from Texas for his kind and generous words. I also want to
indicate that I am wearing a tie that has ``Cape Cod'' emblazoned on
this tie that was given to me by Mr. Smith on behalf of the Republicans
on the Judiciary Committee. At the time, I didn't know whether it was a
sign of respect or affection. Later, I learned it was because I
continually wear Cape Cod ties, that they were concerned that I had no
tie without a stain on it.
So Lamar, thank you. Thank you for those kind words. It's been truly
an honor to serve with you and the Republicans on the Judiciary
Committee these past 14 years. We've done, I think, extraordinary work.
We've done it together. We've had our disagreements, but those
disagreements oftentimes yielded a consensus that worked for the
benefit of the American people.
This bill, I guess some would consider it rare for a concept that is
supported not only by the American Civil Liberties Union and the
National Association of Criminal Defense Attorneys, but also the
Fraternal Order of Police and the International Association of Chiefs
of Police to come to this floor on the suspension calendar. That truly
is extraordinary. But all of those organizations, I would suggest,
share the same goal, and that is how do we deal with crime in America
in a way that makes us safer, but saves us money, while still
protecting fundamental American liberties and values?
The bill's been described by my good friend from Virginia and by Mr.
Smith in terms of what it does. It will result in a commission that
will do a comprehensive and holistic review of our criminal justice
system at all levels, Federal, state, and local, and make findings and
recommendations to prevent, deter, and reduce crime and violence in our
country.
It's important to note, too, that the commission will be tasked with
improving the cost-effectiveness of the criminal justice system, so
that tax dollars are not wasted on inefficient, ineffective programs.
There are excellent programs that are working currently. And I believe
that they are responsible to a large degree for the reduction that we
have observed in violence in America. I think this Congress shares some
of that credit. But we don't have to reinvent the wheel. We simply have
to identify what works, what makes sense, and pursue it.
Because let's not forget, it's the State and local governments that
bear most of the burden. That's where the action is. It's no secret
that the States find themselves in profound fiscal straits. On the
cover of the June 28 edition of Time magazine, a State license plate
was depicted with the word ``Bankrupt'' emblazoned on it.
Now, the issues of safety, crime, and justice know no political party
or geographic boundary, as evidenced by the bipartisan support that
this bill has engendered. And let me pause again and thank Mr. Rooney
and Mr. Issa, along with again, let me emphasize, the great leadership
of my chairman, Bobby Scott, on this matter. Along with Congresswoman
Fudge, who I am sure if she is not in the Chamber, will be running over
to speak.
Again, we want to reduce crime. And everywhere we're concerned that
the law enforcement agencies in this country and other groups have the
resources to keep our streets safe. But they also insist that the
system not needlessly waste taxpayer dollars. As Chairman Scott
indicated, the United States currently incarcerates 2.3 million
individuals. It's the highest incarceration rate in the world. More
than 90 percent of the incarcerated adults in this country are
incarcerated in the State and local systems, filling their prisons. And
the Pew Center predicts that by 2011, continued State and local prison
growth will cost taxpayers an additional $75 billion. That's simply
unsustainable.
This bill will help us battle those rising, escalating figures, and
hopefully continue the decline that we observe in terms of crimes of
violence in this country. It will allow us to take that comprehensive
national review. This is not an audit of individual State systems. It's
a review. There are no mandates. And the commission will issue concrete
recommendations.
Again, as the chairman of the subcommittee alluded to, it's been more
than four decades since a comprehensive review of criminal justice was
conducted. It was 1965 when President Johnson established the
Commission on Law Enforcement and Administration of Justice, the so-
called Kerner Commission. The commission examined criminal justice
systems in great detail, and ultimately reported over 200
recommendations to control crime and improve justice in this country.
The time to take this on is now. I predict it will lead to a safer
America and a smarter, more effective criminal justice system.
{time} 1850
Mr. SMITH of Texas. Mr. Speaker, I will yield 3 minutes to the
gentleman from Florida (Mr. Rooney) who is an active member of the
Judiciary Committee and also a cosponsor of this legislation.
Mr. ROONEY. Thanks to the ranking member for yielding.
Mr. Speaker, I rise today in support of H.R. 5143, the National
Criminal Justice Commission Act. I'm proud to have been an original
cosponsor joining Mr. Delahunt and others on such an important bill,
and I would take liberty to especially thank Mr. Delahunt for seeking
me out, being a freshman, and letting me take a leadership role in this
bill, which I think is going to do a lot of good for fighting crime in
this country.
As a former prosecutor, it's important to take a close look at what
works and what does not work in our criminal justice system. This
bipartisan bill will create a commission to study all aspects of our
criminal justice system and report back on what we can do better to
prevent crime, reduce violence, and control costs.
This bill will create a blue ribbon, bipartisan commission charged
with undertaking an 18-month comprehensive review of the Nation's
criminal justice system. The commission will study all areas of the
criminal justice system, including Federal, State, local and tribal
governments, criminal justice costs, practices, and policies. After
conducting the review, the commission will make the recommendations for
changes in or continuation of oversight policies, practices, and laws
designed to prevent, deter, and reduce crime and violence, improve cost
effectiveness, and ensure the interests of justice.
This bill couldn't come at a better time. Every year Congress
continues to add more and more laws to our U.S. code. Yet we haven't
taken a sober look at the existing laws to find what is archaic, what
is out of date, and what is duplicative.
This will be the first time in over 40 years that we will undertake
such a study. I'm proud and honored to be a cosponsor of this bill
along with Ms. Fudge, Mr. Issa, Ranking Member Smith, and especially
Mr. Delahunt. And I encourage all of my colleagues to support it as
well.
Mr. SMITH of Texas. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, in closing, this commission will
study our criminal justice system to ascertain what we can do to use
our resources in a more cost-effective manner to reduce crime. We know
that comprehensive approaches to crime work.
In Massachusetts, they had a comprehensive approach to juvenile crime
where they'd had a dozen or so murders every year. They had a
comprehensive approach to the problem. They reduced juvenile murders
from 13 a year to zero for 3 consecutive years.
[[Page H6133]]
In Pennsylvania, they invested in comprehensive programs in a hundred
different localities, spent $60 million, and they counted up a few
years later and figured that they had saved over $300 million, five
times more than they spent, because they were so effective in reducing
crime and other social problems.
In Virginia, they had an area where they had 19 murders one year.
They came in with a comprehensive, evidence-based approach to crime
reduction, and within a couple of years, they had two murders. And if
you look at that $2\1/2\ million that was invested in that program,
there is no doubt that we saved at least that much in reduced medical
care at the Medical College of Virginia Trauma Unit. So we know that we
can reduce crime and save money.
We know that 700,000 prisoners are being released from prison--State,
local, and Federal--every year, and we know that two-thirds of them are
going right back to prison without intervention. So we need this
opportunity for investments.
We know that the United States' incarceration rate is number 1 in the
world and is already so high that the Pew Research Center says it's
counterproductive. It causes more crime than it cures. And this study
will show what we can do with our resources by showing what works and
what does not and how we can have an intelligent focus on crime policy.
I want to thank the gentleman from Massachusetts (Mr. Delahunt) and
my colleague from Virginia, Senator Webb, for their vision to create a
commission to outline effective strategies to reduce crime. I would
hope that we adopt the bill, create the commission, and reduce crime.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and pass the bill, H.R. 5143, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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