[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 14184-14189]
[From the U.S. 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.

[[Page 14185]]



     SEC. 3. ESTABLISHMENT OF COMMISSION.

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

     SEC. 4. PURPOSE OF THE COMMISSION.

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

     SEC. 5. REVIEW AND RECOMMENDATIONS.

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

     SEC. 6. MEMBERSHIP.

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

     SEC. 7. ADMINISTRATION.

       (a) Staff.--
       (1) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (2) Appointment and compensation.--The co-chairs of the 
     Commission shall designate and fix the compensation of the 
     Executive Director and, in accordance with rules agreed upon 
     by the Commission, may appoint and fix the compensation of 
     such other personnel as may be necessary to enable the 
     Commission to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the

[[Page 14186]]

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

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 9. SUNSET.

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

     SEC. 10. COMPLIANCE WITH PAYGO.

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

  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

[[Page 14187]]

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 
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

[[Page 14188]]

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. JOHNSON of Georgia. Mr. Speaker, I rise today to express my 
support for H.R. 5143, the National Criminal Justice Commission Act of 
2010. I want to commend Representative Delahunt for his leadership on 
this legislation and dedication to our nation's criminal justice 
system.
  H.R. 5143 establishes the National Criminal Justice Commission and 
directs that commission to review all areas of the criminal justice 
system, including costs, practices, and policies. It also directs the 
commission to make findings upon their review and recommendations for 
changes to prevent, deter, and reduce crime and violence, reduce 
recidivism, improve cost-effectiveness, and ensure interests of justice 
at every step of the criminal justice system.
  As an attorney and former judge, I can say with confidence that I 
believe our criminal justice system is flawed. It is an expensive 
system that is in many ways ineffective. It is important that this 
commission be established and put to work immediately. We can no longer 
be satisfied with allowing crime to fester and spread throughout the 
nation, especially among our youth. Real solutions to deter crime are 
possible if we only take the time to invest in them. It's time we 
identify the problems in our criminal justice system and make tangible 
efforts to ameliorate the system.
  In our efforts to create ``a more perfect union'', we have to take a 
closer look at our nation and work to make our nation better for our 
children and the generations to follow. H.R. 5143 gives us an 
opportunity to do that.
  Mr. Speaker, I urge my colleagues to support and pass H.R. 5143, the 
National Criminal Justice Commission Act of 2010.
  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.
  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

[[Page 14189]]

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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