[Congressional Record Volume 164, Number 203 (Saturday, December 22, 2018)]
[Senate]
[Pages S8030-S8032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4180. Mr. McCONNELL (for Mr. Peters) proposed an amendment to the
bill S. 573, to establish the National Criminal Justice Commission; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Criminal Justice
Commission Act of 2018''.
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 50 years require once
again that Federal, State, Tribal, and local governments, law
enforcement agencies, including rank and file officers, civil
rights organizations, community-based organization leaders,
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--
(1) undertake a comprehensive review of the criminal
justice system;
(2) make recommendations for Federal criminal justice
reform to the President and Congress; and
(3) disseminate findings and supplemental guidance to the
Federal Government, as well as to State, local, and Tribal
governments.
SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT.
(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) Recommendations.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall submit to the
President and Congress recommendations for changes in Federal
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.
(2) Unanimous consent required.--A recommendation of the
Commission may be adopted and submitted under paragraph (1)
if the recommendation is approved by a unanimous vote of the
Commissioners at a meeting where a quorum is present pursuant
to section 6(d).
(3) Requirement.--The recommendations submitted under this
subsection shall be made available to the public.
(c) Report.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall also
disseminate to the Federal Government, as well as to State,
local, and Tribal governments, a report that details the
findings and supplemental guidance of the Commission
regarding the criminal justice system at all levels of
government.
(2) Majority vote required.--Commission findings and
supplemental guidance may be adopted and included in the
report required under paragraph (1) if the findings or
guidance is approved by a majority vote of the Commissioners
at a meeting where a quorum is present pursuant to section
6(d), except that any Commissioners dissenting from
particular finding or supplemental guidance shall have the
right to state the reason for their dissent in writing and
such dissent shall be included in the report of the
Commission.
(3) Requirement.--The report submitted under this
subsection shall be made available to the public.
(d) Prior Commissions.--The Commission shall take into
consideration the work of prior relevant commissions in
conducting its review.
(e) State and Local Government.--In issuing its
recommendations and report under this section, the Commission
shall not infringe on the legitimate rights of the States to
determine their own criminal laws or the enforcement of such
laws.
(f) Public Hearings.--The Commission shall conduct public
hearings in various locations around the United States.
(g) 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, including rank
and file officers, 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, community-based
organization leaders, formerly incarcerated individuals,
professional organizations, and corrections officials; and
(B) include in the final report required under subsection
(c) 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
[[Page S8031]]
the Federal criminal justice system, the Commission shall
conduct such review in consultation with the United States
Sentencing Commission.
(h) Sense of Congress, 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 supplemental
guidance, and that unanimously supported findings and
supplemental guidance should take precedence over those
findings and supplemental guidance that are not unanimously
supported.
SEC. 6. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 14
members, as follows:
(1) The President shall appoint the Attorney General to
serve as chairman and a member of the Commission.
(2) Six members shall be appointed by the Attorney General
in consultation with--
(A) the leadership of the Senate and House of
Representatives of the same political party as the President;
and
(B) the leadership of the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary
of the Senate of the same political party as the President.
(3) Seven members shall be appointed by the senior members
of the leadership of the Senate and the House of
Representatives of the opposite party of the President in
consultation with the leadership of the Committee on the
Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate of the opposite political
party of the President.
(b) Membership.--
(1) In general.--Members will be selected based upon
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 rights;
(I) civil liberties;
(J) court administration;
(K) social services; and
(L) State, local, and Tribal government.
(2) Law enforcement representation.--
(A) Members appointed by attorney general.--Of the 6
members appointed by the Attorney General under subsection
(a)(2)--
(i) not fewer than 2 shall be representatives from Federal,
State, or local law enforcement agencies; and
(ii) not fewer than 1 shall be a representative from Tribal
law enforcement agencies.
(B) Other members.--Of the 7 members appointed under
subsection (a)(3)--
(i) not fewer than 2 shall be representatives of Federal,
State, or local law enforcement agencies; and
(ii) not fewer than 1 shall be a representative from Tribal
law enforcement agencies.
(3) 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.
(4) 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
chairman or his or her designee.
(2) Quorum.--A majority of the members of the Commission
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 not less than 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, subject to the requirements of section 5, 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 chairman 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 chairman 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 chairman 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, United States Code,
relating to compensation for work-related injuries, chapter
171 of title 28, United States Code, relating to tort claims,
and chapter 11 of title 18, 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 chairman 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.
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(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
biannual 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 FOR USE OF FUNDS.
For each of fiscal years 2019 and 2020, the Attorney
General may use, from any unobligated balances made available
under the heading ``General Administration'' to the
Department of Justice in an appropriations Act, such amounts
as are necessary, not to exceed $7,000,000 per fiscal year
and not to exceed $14,000,000 total for both fiscal years, to
carry out this Act, except that none of the funds authorized
to be used to carry out this Act may be used for
international travel.
SEC. 9. SUNSET.
The Commission shall terminate 60 days after the Commission
submits the report required under section 5(c) to Congress.
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