,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #caah  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ba1     
#bjah ,mr4 ,hatch 7for himself and ,mr4 
,grassley7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to specify and clarify mens rea
 requirements for certain ,federal      
crimes and to establish the ,national   
,criminal ,justice ,commission4  #a4    
,short title2 table of contents  7a7    
,short title  ,this ,act may be cited as
 the ,mens ,rea ,reform ,act of #bjah4  
7b7 ,table of contents ,the table of    
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4 ,,title ,i--,state of mind    
,sec4 #aja4 ,state of mind element for  
criminal offenses4 ,sec4 #ajb4          
,inventory of ,federal criminal         
offenses4 ,,title ,,ii--,national       
,criminal ,justice ,commission ,act     
,sec4 #bja4 ,findings4 ,sec4 #bjb4      
,establishment of commission4 ,sec4     

#bjc4 ,purpose of the commission4 ,sec4 
#bjd4 ,review1 recommendations1 and     
report4 ,sec4 #bje4 ,membership4 ,sec4  
#bjf4 ,administration4 ,sec4 #bjg4      
,sunset4  ,i ,state of mind  #aja4      
,state of mind element for criminal     
offenses  7a7 ,in general ,chapter #a of
 title #ah1 ,united ,states ,code1 is   
amended by adding at the end the        
following3  #bh4 ,state of mind when not
 otherwise specifically provided  7a7   
,definitions ,in this section-- 7#a7 the
 term covered offense--  7,a7 means an  
offense-- 7i7 specified in--  7,i7 this 
title or any other ,act of ,congress2   
7,,ii7 any regulation2 or  7,,iii7 any  
law 7including regulations7 of any      
,state or foreign government            
incorporated by reference into this     
title or any other ,act of ,congress2   
and  7ii7 that is punishable by         
imprisonment1 a maximum criminal fine of
 at least #b1ejj1 or both2 and  7,b7    
does not include--  7i7 any offense set 
forth in chapter #dg or chapter #dg;,a  

of title #aj2 or  7ii7 any offense      
incorporated by section #ac7;a7 of this 
title2  7#b7 the term existing covered  
offense without a state of mind         
requirement means a covered offense for 
which-- 7,a7 the provision or provisions
 specifying the elements of the offense 
were enacted1 promulgated1 or finalized 
on or before the date of enactment of   
this section2 and  7,b7 there is not a  
state of mind requirement specified for 
#a or more elements of the covered      
offense1 which shall be determined in   
accordance with subsection 7d7--  7i7 in
 the text of the covered offense2 or    
7ii7 under the precedents of the        
,supreme ,court of the ,united ,states2 
7#c7 the term existing covered          
regulatory offense without a state of   
mind requirement means an existing      
covered offense without a state of mind 
requirement for which the provision or  
provisions specifying the elements of   
the offense are in regulations          
promulgated by an agency2  7#d7 the term

 future covered offense means a covered 
offense for which the provision or      
provisions specifying the elements of   
the offense are enacted1 promulgated1 or
 finalized after the date of enactment  
of this section2  7#e7 the term state of
 mind means willfully1 intentionally1   
maliciously1 knowingly1 recklessly1     
wantonly1 negligently1 or with reason to
 believe1 or any other word or phrase   
that is synonymous with or substantially
 similar to any such term2 and  7#f7 the
 term willfully1 as related to an       
element of an offense1 means-- 7,a7 that
 the person acted with knowledge that   
the person's conduct was unlawful2 and  
7,b7 if the element involves the nature1
 attendant circumstances1 object1 or    
result of the conduct of a person1      
that--  7i7 the person had knowledge of 
the nature1 attendant circumstances1    
object1 or result of his or her conduct2
 and  7ii7 it was the conscious object  
of the person to engage in conduct--    
7,i7 of that nature2  7,,ii7 with that  

attendant circumstance2  7,,iii7 with   
that object2 or  7,,iv7 to cause such a 
result4  7b7 ,future covered offenses ,a
 future covered offense shall be        
construed to require the ,government to 
prove beyond a reasonable doubt that the
 defendant acted--  7#a7 with the state 
of mind specified in the text of the    
future covered offense for each element 
of the offense for which the text       
specifies a state of mind2 and  7#b7    
except as provided in subsection 7d71   
willfully1 with respect to any element  
of the offense for which the text of the
 future covered offense does not specify
 a state of mind4  7c7 ,existing covered
 offenses without a state of mind       
requirement  7#a7 ,default requirement  
for existing statutory offenses without 
a state of mind requirement  7,a7 ,in   
general ,on and after the date specified
 in subparagraph 7,b71 an existing      
covered offense without a state of mind 
requirement for which the provision or  
provisions specifying the elements of   

the existing covered offense are in an  
,act of ,congress shall be construed to 
require the ,government to prove beyond 
a reasonable doubt that the defendant   
acted--  7i7 with the state of mind     
specified in the text of the existing   
covered offense without a state of mind 
requirement1 including any amendment    
made after the date of enactment of this
 section1 for each element for which the
 text specifies a state of mind2 and    
7ii7 except as provided in subsection   
7d71 willfully1 with respect to any     
element for which the text of the       
existing covered offense without a state
 of mind requirement does not specify a 
state of mind4  7,b7 ,deadline ,the date
 specified in this subparagraph is the  
earlier of-- 7i7 the date that is #b    
years after the date on which the       
,national ,criminal ,justice ,commission
 submits the report under section       
#aja7;b7 of the ,mens ,rea ,reform ,act 
of #bjah2 or  7ii7 the date that is #e  
years after the date of enactment of the

 ,mens ,rea ,reform ,act of #bjah4  7#b7
 ,existing covered regulatory offenses  
without a state of mind requirement     
7,a7 ,in general ,not later than the    
date specified in subparagraph 7,b71    
each agency that has in effect an       
existing covered regulatory offense     
without a state of mind requirement     
shall promulgate regulations1 after     
providing notice and an opportunity for 
comment1 specifying the state of mind   
required for each element of the        
existing covered regulatory offense for 
which a state of mind is not specified4 
7,b7 ,deadline ,the date specified in   
this subparagraph is the earlier of--   
7i7 the date that is #c years after the 
date on which the ,national ,criminal   
,justice ,commission submits the report 
under section #aja7;b7 of the ,mens ,rea
 ,reform ,act of #bjah2 or  7ii7 the    
date that is #f years after the date of 
enactment of the ,mens ,rea ,reform ,act
 of #bjah4  7,c7 ,no strict liability   
offenses ,the regulations promulgated by

 an agency under subparagraph 7,a7 may  
not specify that an element of an       
existing covered regulatory offense does
 not require any state of mind be       
proven4  7,d7 ,sunset ,except as        
provided in subsection 7d71 after the   
date specified in subparagraph 7,b71 the
 criminal penalty provisions of an      
existing covered regulatory offense for 
which the regulations establishing the  
elements of the existing covered        
regulatory offense do not specify a     
state of mind for #a or more elements   
shall cease to have force or effect4    
7,e7 ,rule of construction ,nothing in  
this paragraph shall be construed to    
grant an agency authority with respect  
to establishing the mens rea            
requirements for a covered regulatory   
offense that is in addition to1 or in   
lieu of1 such authority provided under  
the statute authorizing the covered     
regulatory offense4  7d7 ,determination 
that elements lack required state of    
mind  7#a7 ,failure ,to distinguish     

among elements ,except as provided in   
paragraph 7#b71 if the text of a covered
 offense specifies the state of mind    
required for commission of the covered  
offense without specifying the elements 
of the covered offense to which the     
state of mind applies1 the state of mind
 specified shall apply to all elements  
of the covered offense1 unless a        
contrary legislative purpose plainly    
appears in the text of the statute4     
7#b7 ,exceptions  7,a7 ,in general      
,paragraph 7#a7 of this subsection1     
subsection 7b77#b71 and paragraphs      
7#a77;,a77ii7 and 7#b77;,d7 of          
subsection 7c7 shall not apply with     
respect to--  7i7 any element for which 
the text of the covered offense makes   
clear that ,congress affirmatively      
intended not to require the ,government 
to prove any state of mind with respect 
to such element2  7ii7 any element of a 
covered offense1 to the extent that the 
element establishes-- 7,i7 subject      
matter jurisdiction over the covered    

offense2 or  7,,ii7 venue with respect  
to trial of the covered offense2 or     
7iii7 any element of a covered offense1 
to the extent that applying paragraph   
7#a7 of this subsection1 subsection     
7b77#b71 or paragraph 7#a77;,a77ii7 or  
7#b77;,d7 of subsection 7c7 to such     
element would lessen the degree of      
mental culpability that the ,government 
is required to prove with respect to    
that element under--  7,i7 precedent of 
the ,supreme ,court of the ,united      
,states2 or  7,,ii7 any other provision 
of this title1 any other ,act of        
,congress1 or any regulation4  7,b7     
,mere absence insufficient ,for purposes
 of subparagraph 7,a77i71 the mere      
absence of a specified state of mind for
 an element of a covered offense in the 
text of the covered offense shall not be
 construed to mean that ,congress       
affirmatively intended not to require   
the ,government to prove any state of   
mind with respect to that element4  7e7 
,subsequently enacted laws ,no law      

enacted after the date of enactment of  
this section shall be construed to      
repeal1 modify the text or effect of1 or
 supersede in whole or in part this     
section1 unless such law specifically   
refers to this section and explicitly   
repeals1 modifies the text or effect of1
 or supersedes in whole or in part this 
section4  4  7b7 ,commission report and 
legislation  7#a7 ,definitions ,in this 
section1 the term existing covered      
offenses without a state of mind        
requirement has the meaning given that  
term in section #bh of title #ah1       
,united ,states ,code1 as added by      
subsection 7a74  7#b7 ,submission ,not  
later than the earlier of #b years after
 the date on which the ,attorney        
,general submits the report required    
under section #ajb7;b7 or #c years after
 the date of enactment of this ,act1 the
 ,national ,criminal ,justice           
,commission shall submit to ,congress-- 
7,a7 a report identifying-- 7i7 the     
existing covered offenses without a     

state of mind requirement2 and  7ii7 the
 existing covered offenses without a    
state of mind requirement for which the 
,commission recommends that the         
,government not be required to prove any
 state of mind with respect to #a or    
more elements of the offense1 based on  
consideration of the criteria described 
in paragraph 7#c72 and  7,b7 for each   
existing covered offense without a state
 of mind requirement identified under   
subparagraph 7,a77ii7 for which the     
provision or provisions specifying the  
elements of the existing covered offense
 without a state of mind requirement are
 in an ,act of ,congress1 proposed      
legislative language to make clear the  
,government is not required to prove any
 state of mind with respect to #a or    
more elements of the offense4  7#c7     
,criteria ,the criteria specified in    
this paragraph are-- 7,a7 whether the   
covered offense makes criminal a type of
 conduct that a reasonable person should
 know is subject to stringent public    

regulation and may seriously threaten   
public health or safety2 and  7,b7 the  
potential penalty attached to a         
violation of the covered offense1 with a
 severe penalty suggesting that the     
offense should not be a strict liability
 offense4  7c7 ,expedited procedures    
7#a7 ,definition ,in this subsection1   
the term joint resolution means a joint 
resolution consisting of the proposed   
legislative language submitted under    
subsection 7b77#b77;,b7 and introduced  
or reintroduced under paragraph 7#b7 of 
this subsection4  7#b7 ,introduction of 
proposed legislative language  7,a7 ,in 
general ,the proposed legislative       
language submitted by the ,national     
,criminal ,justice ,commission under    
subsection 7b77#b77;,b7--  7i7 shall be 
introduced in the ,senate 7by request7  
by the ,majority ,leader or ,minority   
,leader of the ,senate or by a ,member  
of the ,senate designated by the        
,majority ,leader or ,minority ,leader  
of the ,senate not later than #cj days  

after the date on which the proposed    
legislation is submitted to ,congress2  
and  7ii7 shall be introduced in the    
,house of ,representatives 7by request7 
by the ,speaker of the ,house of        
,representatives or the ,minority       
,leader of the ,house of                
,representatives or by a ,member of the 
,house of ,representatives designated by
 the ,speaker of the ,house of          
,representatives or the ,minority       
,leader of the ,house of                
,representatives not later than #cj days
 after the date on which the proposed   
legislation is submitted to ,congress4  
7,b7 ,reintroduction ,the proposed      
legislative language submitted by the   
,national ,criminal ,justice ,commission
 under subsection 7b77#b77;,b7 shall be 
reintroduced as described in            
subparagraph 7,a7 not later than #cj    
days after the first day of a ,congress 
if--  7i7 the proposed legislative      
language was introduced during the      
previous ,congress after the date that  

was #baj days before the date of the    
sine die adjournment of such previous   
,congress2 and  7ii7 there was not a    
vote in either ,house of ,congress on   
passage of the joint resolution         
introduced under subparagraph 7,a7      
during the previous ,congress by which  
the joint resolution was not agreed to4 
7#c7 ,expedited consideration in ,house 
of ,representatives  7,a7 ,reporting and
 discharge ,any committee of the ,house 
of ,representatives to which a joint    
resolution is referred shall report it  
to the ,house of ,representatives not   
later than #ahj days after the date on  
which the joint resolution is introduced
 or reintroduced in the ,house of       
,representatives under paragraph 7#b74  
,if a committee fails to report the     
joint resolution within that period1 the
 committee shall be discharged from     
further consideration of the joint      
resolution and the joint resolution     
shall be referred to the appropriate    
calendar4  7,b7 ,proceeding to          

consideration  7i7 ,in general ,after   
each committee authorized to consider a 
joint resolution reports it to the      
,house of ,representatives or has been  
discharged from its consideration1 it   
shall be in order1 not later than #baj  
days after the date on which the joint  
resolution is introduced or reintroduced
 in the ,house of ,representatives under
 paragraph 7#b71 to move to proceed to  
consider the joint resolution in the    
,house of ,representatives4  7ii7       
,procedure ,for a motion to proceed to  
consideration of a joint resolution--   
7,i7 all points of order against the    
motion are waived2  7,,ii7 such a motion
 shall not be in order after the ,house 
of ,representatives has disposed of a   
motion to proceed on the joint          
resolution2  7,,iii7 the previous       
question shall be considered as ordered 
on the motion to its adoption without   
intervening motion2  7,,iv7 the motion  
shall not be debatable2 and  7,v7 a     
motion to reconsider the vote by which  

the motion is disposed of shall not be  
in order4  7,c7 ,consideration ,if the  
,house of ,representatives proceeds to  
consideration of a joint resolution--   
7i7 the joint resolution shall be       
considered as read2  7ii7 all points of 
order against the joint resolution and  
against its consideration are waived2   
7iii7 the previous question shall be    
considered as ordered on the joint      
resolution to its passage without       
intervening motion except #aj hours of  
debate equally divided and controlled by
 the proponent and an opponent2  7iv7 an
 amendment to the joint resolution shall
 not be in order2 and  7v7 a motion to  
reconsider the vote on passage of the   
joint resolution shall not be in order4 
7#d7 ,expedited consideration in ,senate
  7,a7 ,placement on calendar ,upon     
introduction in the ,senate1 the joint  
resolution shall be placed immediately  
on the calendar4  7,b7 ,proceeding to   
consideration  7i7 ,in general          
,notwithstanding rule ,,xxii of the     

,standing ,rules of the ,senate1 it is  
in order1 not later than #baj days after
 the date on which the joint resolution 
is introduced or reintroduced in the    
,senate under paragraph 7#b7 7even      
though a previous motion to the same    
effect has been disagreed to7 to move to
 proceed to the consideration of a joint
 resolution4  7ii7 ,procedure ,for a    
motion to proceed to the consideration  
of a joint resolution-- 7,i7 all points 
of order against the motion are waived2 
7,,ii7 the motion is not debatable2     
7,,iii7 the motion is not subject to a  
motion to postpone2  7,,iv7 a motion to 
reconsider the vote by which the motion 
is agreed to or disagreed to shall not  
be in order2 and  7,v7 if the motion is 
agreed to1 the joint resolution shall   
remain the unfinished business until    
disposed of4  7,c7 ,floor consideration 
7i7 ,in general ,if the ,senate proceeds
 to consideration of a joint            
resolution-- 7,i7 all points of order   
against the joint resolution 7and       

against consideration of the joint      
resolution7 are waived2  7,,ii7         
consideration of the joint resolution1  
and all debatable motions and appeals in
 connection therewith1 shall be limited 
to not more than #aj hours1 which shall 
be divided equally between the majority 
and minority leaders or their designees2
  7,,iii7 a motion further to limit     
debate is in order and not debatable2   
7,,iv7 an amendment to1 a motion to     
postpone1 or a motion to commit the     
joint resolution is not in order2 and   
7,v7 a motion to proceed to the         
consideration of other business is not  
in order4  7ii7 ,vote on passage ,the   
vote on passage shall occur immediately 
following the conclusion of the         
consideration of a joint resolution1 and
 a single quorum call at the conclusion 
of the debate if requested in accordance
 with the rules of the ,senate4  7iii7  
,rulings of the chair on procedure      
,appeals from the decisions of the      
,chair relating to the application of   

this paragraph or the rules of the      
,senate1 as the case may be1 to the     
procedure relating to a joint resolution
 shall be decided without debate4  7#e7 
,rules relating to ,senate and ,house of
 ,representatives  7,a7 ,coordination   
with action by other house ,if1 before  
the passage by one ,house of a joint    
resolution of that ,house1 that ,house  
receives from the other ,house a joint  
resolution--  7i7 the joint resolution  
of the other ,house shall not be        
referred to a committee2 and  7ii7 with 
respect to a joint resolution of the    
,house receiving the resolution--  7,i7 
the procedure in that ,house shall be   
the same as if no joint resolution had  
been received from the other ,house2 and
  7,,ii7 the vote on passage shall be on
 the joint resolution of the other      
,house4  7,b7 ,treatment of joint       
resolution of other ,house ,if one      
,house fails to introduce or consider a 
joint resolution under this subsection1 
the joint resolution of the other ,house

 shall be entitled to expedited floor   
procedures under this subsection4  7,c7 
,treatment of companion measures ,if1   
following passage of a joint resolution 
in the ,senate1 the ,senate receives the
 companion measure from the ,house of   
,representatives1 the companion measure 
shall not be debatable4  7,d7           
,consideration after passage ,if the    
,president vetoes the joint resolution1 
consideration of a veto message in the  
,senate under this paragraph shall be   
not more than #aj hours equally divided 
between the majority and minority       
leaders or their designees4  7#f7 ,rules
 of ,house of ,representatives and      
,senate ,this subsection is enacted by  
,congress-- 7,a7 as an exercise of the  
rulemaking power of the ,senate and     
,house of ,representatives1             
respectively1 and as such is deemed a   
part of the rules of each ,house1       
respectively1 but applicable only with  
respect to the procedure to be followed 
in that ,house in the case of a joint   

resolution1 and to supersede other rules
 only to the extent that it is          
inconsistent with such rules2 and  7,b7 
with full recognition of the            
constitutional right of either ,house to
 change the rules 7so far as relating to
 the procedure of that ,house7 at any   
time1 in the same manner1 and to the    
same extent as in the case of any other 
rule of that ,house4  7d7 ,technical and
 conforming amendment ,the table of     
sections for chapter #a of title #ah1   
,united ,states ,code1 is amended by    
adding at the end the following3  #bh4  
,state of mind when not otherwise       
specifically provided4  4  #ajb4        
,inventory of ,federal criminal offenses
  7a7 ,definitions ,in this section--   
7#a7 the term criminal regulatory       
offense means a ,federal regulation that
 is enforceable by a criminal penalty2  
7#b7 the term criminal statutory offense
 means a criminal offense under a       
,federal statute2 and  7#c7 the term    
,executive agency--  7,a7 has the       

meaning given the term in section #aje  
of title #e1 ,united ,states ,code2 and 
7,b7 includes the ,united ,states       
,postal ,service and the ,postal        
,regulatory ,commission4  7b7 ,report on
 criminal statutory offenses ,not later 
than #a year after the date of enactment
 of this ,act1 the ,attorney ,general   
shall submit to the ,committee on the   
,judiciary of the ,senate and the       
,committee on the ,judiciary of the     
,house of ,representatives and make     
publicly available a report1 which shall
 include--  7#a7 a list of all criminal 
statutory offenses1 including a list of 
the elements for each criminal statutory
 offense2 and  7#b7 for each criminal   
statutory offense listed under paragraph
 7#a7 and organized by ,federal district
 where applicable--  7,a7 the potential 
criminal penalty for the criminal       
statutory offense2  7,b7 the number of  
violations of the criminal statutory    
offense referred to the ,department of  
,justice by an ,executive agency for    

prosecution1 including referrals from   
investigative agencies of the           
,department of ,justice1 in each of the 
years during the #ae-year period        
preceding the date of enactment of this 
,act2  7,c7 the number of prosecutions  
for the criminal statutory offense      
brought by the ,department of ,justice  
each year for the #ae-year period       
preceding the date of enactment of this 
,act2  7,d7 the number of prosecutions  
for the criminal statutory offense      
brought by the ,department of ,justice  
that have resulted in conviction for    
each year of the #ae-year period        
preceding the date of enactment of this 
,act2  7,e7 the number of convictions   
for the criminal statutory offense that 
have resulted in imprisonment for each  
year of the #ae-year period preceding   
the date of enactment of this ,act2     
7,f7 the average length of sentence of  
imprisonment imposed as a result of     
conviction for the criminal statutory   
offense during each year of the #ae-year

 period preceding the date of enactment 
of this ,act2  7,g7 the mens rea        
requirement for the criminal statutory  
offense2 and  7,h7 the number of        
prosecutions for the criminal statutory 
offense in which the ,department of     
,justice was not required to prove mens 
rea as a component of the offense4  7c7 
,report on criminal regulatory offenses 
,not later than #a year after the date  
of enactment of this ,act1 the head of  
each ,executive agency shall submit to  
the ,committee on the ,judiciary of the 
,senate and the ,committee on the       
,judiciary of the ,house of             
,representatives and make publicly      
available a report1 which shall         
include--  7#a7 a list of all criminal  
regulatory offenses enforceable by the  
agency2 and  7#b7 for each criminal     
regulatory offense listed under         
paragraph 7#a7--  7,a7 the potential    
criminal penalty for a violation of the 
criminal regulatory offense2  7,b7 the  
number of violations of the criminal    

regulatory offense referred to the      
,department of ,justice for prosecution 
in each of the years during the #ae-year
 period preceding the date of enactment 
of this ,act2  7,c7 the number of       
prosecutions for the criminal regulatory
 offense brought by the ,department of  
,justice each year for the #ae-year     
period preceding the date of enactment  
of this ,act2  7,d7 the number of       
prosecutions for the criminal regulatory
 offense brought by the ,department of  
,justice that have resulted in          
conviction for each year of the #ae-year
 period preceding the date of enactment 
of this ,act2  7,e7 the number of       
convictions for the criminal regulatory 
offense that have resulted in           
imprisonment for each year of the       
#ae-year period preceding the date of   
enactment of this ,act2  7,f7 the       
average length of sentence of           
imprisonment imposed as a result of     
conviction for the criminal regulatory  
offense during each year of the #ae-year

 period preceding the date of enactment 
of this ,act2  7,g7 the mens rea        
requirement for the criminal regulatory 
offense2 and  7,h7 the number of        
prosecutions for the criminal regulatory
 offense in which the ,department of    
,justice was not required to prove mens 
rea as a component of the offense4  7d7 
,index ,not later than #b years after   
the date of enactment of this ,act--    
7#a7 the ,attorney ,general shall       
establish a publically accessible index 
of each criminal statutory offense      
listed in the report required under     
subsection 7b7 and make the index       
available and freely accessible on the  
website of the ,department of ,justice2 
and  7#b7 the head of each ,executive   
agency shall establish a publically     
accessible index of each criminal       
regulatory offense listed in the report 
required under subsection 7c7 and make  
the index available and freely          
accessible on the website of the agency4
  7e7 ,rule of construction ,nothing in 

this section shall be construed to      
require or authorize appropriations4    
,,ii ,national ,criminal ,justice       
,commission ,act  #bja4 ,findings       
,congress finds that--  7#a7 it is in   
the interest of the ,nation to establish
 a commission to undertake a            
comprehensive review of the criminal    
justice system2  7#b7 there has not been
 a comprehensive study since the        
,president's ,commission on ,law        
,enforcement and ,administration of     
,justice was established in #aife2  7#c7
 that commission1 in a span of #ah      
months1 produced a comprehensive report 
entitled ,the ,challenge of ,crime in a 
,free ,society1 which contained #bjj    
specific recommendations on all aspects 
of the criminal justice system involving
 ,federal1 ,state1 tribal1 and local    
governments1 civic organizations1       
religious institutions1 business groups1
 and individual citizens2 and  7#d7     
developments over the intervening #ej   
years require once again that ,federal1 

,state1 tribal1 and local governments1  
civic organizations1 religious          
institutions1 business groups1 and      
individual citizens come together to    
review evidence and consider how to     
improve the criminal justice system4    
#bjb4 ,establishment of commission      
,there is established a commission to be
 known as the ,national ,criminal       
,justice ,commission 7referred to in    
this title as the ,commission74  #bjc4  
,purpose of the commission ,the         
,commission shall-- 7#a7 undertake a    
comprehensive review of the criminal    
justice system2  7#b7 make              
recommendations for ,federal criminal   
justice reform to the ,president and    
,congress2 and  7#c7 disseminate        
findings and supplemental guidance to   
the ,federal ,government1 as well as to 
,state1 local1 and tribal governments4  
#bjd4 ,review1 recommendations1 and     
report  7a7 ,general review ,the        
,commission shall undertake a           
comprehensive review of all areas of the

 criminal justice system1 including     
,federal1 ,state1 local1 and tribal     
governments' criminal justice costs1    
practices1 and policies4  7b7           
,recommendations  7#a7 ,in general ,not 
later than #ah months after the first   
meeting of the ,commission1 the         
,commission shall submit to the         
,president and ,congress recommendations
 for changes in ,federal oversight1     
policies1 practices1 and laws designed  
to prevent1 deter1 and reduce crime and 
violence1 reduce recidivism1 improve    
cost-effectiveness1 and ensure the      
interests of justice at every step of   
the criminal justice system4  7#b7      
,unanimous consent required ,a          
recommendation of the ,commission may be
 adopted and submitted under paragraph  
7#a7 if the recommendation is approved  
by a unanimous vote of the              
,commissioners at a meeting where a     
quorum is present pursuant to section   
#bje7;d74  7#c7 ,requirement ,the       
recommendations submitted under this    

subsection shall be made available to   
the public4  7c7 ,report  7#a7 ,in      
general ,not later than #ah months after
 the first meeting of the ,commission1  
the ,commission shall also disseminate  
to the ,federal ,government1 as well as 
to ,state1 local1 and tribal            
governments1 a report that details the  
findings and supplemental guidance of   
the ,commission regarding the criminal  
justice system at all levels of         
government4  7#b7 ,majority vote        
required ,commission findings and       
supplemental guidance may be adopted and
 included in the report required under  
paragraph 7#a7 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
 #bje7;d71 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 ,commission4  7#c7    
,requirement ,the report submitted under
 this subsection shall be made available
 to the public4  7d7 ,prior commissions 
,the ,commission shall take into        
consideration the work of prior relevant
 commissions in conducting its review4  
7e7 ,state and local government ,in     
issuing its recommendations and report  
under this section1 the ,commission     
shall not infringe on the legitimate    
rights of the ,states to determine their
 own criminal laws or the enforcement of
 such laws4  7f7 ,public hearings ,the  
,commission shall conduct public        
hearings in various locations around the
 ,united ,states4  7g7 ,consultation    
with government and nongovernment       
representatives  7#a7 ,in general ,the  
,commission shall-- 7,a7 closely consult
 with ,federal1 ,state1 local1 and      
tribal government and nongovernmental   
leaders1 including ,state1 local1 and   
tribal law enforcement officials1       
legislators1 public health officials1   

judges1 court administrators1           
prosecutors1 defense counsel1 victims'  
rights organizations1 probation and     
parole officials1 criminal justice      
planners1 criminologists1 civil rights  
and liberties organizations1 formerly   
incarcerated individuals1 professional  
organizations1 and corrections          
officials2 and  7,b7 include in the     
final report required under subsection  
7c7 summaries of the input and          
recommendations of these leaders4  7#b7 
,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 system1 the ,commission shall   
conduct such review and make such       
recommendations in consultation with the
 ,united ,states ,sentencing            
,commission4  7h7 ,sense of ,congress1  
goal of unanimity ,it is the sense of   
the ,congress that1 given the national  
importance of the matters before the    

,commission1 the ,commission should work
 toward unanimously supported findings  
and supplemental guidance1 and that     
unanimously supported findings and      
supplemental guidance should take       
precedence over those findings and      
supplemental guidance that are not      
unanimously supported4  #bje4           
,membership  7a7 ,in general ,the       
,commission shall be composed of #ad    
members1 as follows3  7#a7 ,one member  
shall be appointed by the ,president1   
who shall serve as co-chairperson of the
 ,commission4  7#b7 ,one member shall be
 appointed by the leader of the ,senate1
 in consultation with the leader of the 
,house of ,representatives1 that is a   
member of the opposite party of the     
,president1 who shall serve as          
co-chairperson of the ,commission4  7#c7
 ,two members shall be appointed by the 
senior member of the ,senate leadership 
of the ,democratic ,party1 in           
consultation with the ,democratic       
leadership of the ,committee on the     

,judiciary4  7#d7 ,two members shall be 
appointed by the senior member of the   
,senate leadership of the ,republican   
,party1 in consultation with the        
,republican leadership of the ,committee
 on the ,judiciary4  7#e7 ,two members  
shall be appointed by the senior member 
of the leadership of the ,house of      
,representatives of the ,republican     
,party1 in consultation with the        
,republican leadership of the ,committee
 on the ,judiciary4  7#f7 ,two members  
shall be appointed by the senior member 
of the leadership of the ,house of      
,representatives of the ,democratic     
,party1 in consultation with the        
,democratic leadership of the ,committee
 on the ,judiciary4  7#g7 ,two members1 
who shall be ,state and local           
representatives1 shall be appointed by  
the ,president in agreement with leader 
of the ,senate 7majority or minority    
leader1 as the case may be7 of the      
,republican ,party and the leader of the
 ,house of ,representatives 7majority or

 minority leader1 as the case may be7 of
 the ,republican ,party4  7#h7 ,two     
members1 who shall be ,state and local  
representatives1 shall be appointed by  
the ,president in agreement with leader 
of the ,senate 7majority or minority    
leader1 as the case may be7 of the      
,democratic ,party and the leader of the
 ,house of ,representatives 7majority or
 minority leader1 as the case may be7 of
 the ,democratic ,party4  7b7           
,membership  7#a7 ,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 expertise1 knowledge1 or 
experience in such relevant areas as--  
7,a7 law enforcement2  7,b7 criminal    
justice2  7,c7 national security2  7,d7 
prison and jail administration2  7,e7   
prisoner reentry2  7,f7 public health1  
including physical and sexual           
victimization1 drug addiction and mental

 health2  7,g7 victims' rights2  7,h7   
civil liberties2  7,i7 court            
administration2  7,j7 social services2  
and  7,k7 ,state1 local1 and tribal     
government4  7#b7 ,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 ,commission4   
7#c7 ,terms ,members shall be appointed 
for the life of the ,commission4  7c7   
,appointment2 first meeting  7#a7       
,appointment ,members of the ,commission
 shall be appointed not later than #de  
days after the date of the enactment of 
this ,act4  7#b7 ,first meeting ,the    
,commission shall hold its first meeting
 on the date that is #fj days after the 
date of enactment of this ,act1 or not  
later than #cj days after the date on   
which funds are made available for the  
,commission1 whichever is later4  7#c7  
,ethics ,at the first meeting of the    
,commission1 the ,commission shall draft

 appropriate ethics guidelines for      
commissioners and staff1 including      
guidelines relating to conflict of      
interest and financial disclosure4 ,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 guidelines4
  7d7 ,meetings2 quorum2 vacancies  7#a7
 ,meetings ,the ,commission shall meet  
at the call of the co-chairpersons or a 
majority of its members4  7#b7 ,quorum  
,eight members of the ,commission shall 
constitute a quorum for purposes of     
conducting business1 except that #b     
members of the ,commission shall        
constitute a quorum for purposes of     
receiving testimony4  7#c7 ,vacancies   
,any vacancy in the ,commission shall   
not affect its powers1 but shall be     
filled in the same manner in which the  
original appointment was made4 ,if      
vacancies in the ,commission occur on   
any day after #de days after the date of

 the enactment of this ,act1 a quorum   
shall consist of a majority of the      
members of the ,commission as of such   
day1 so long as not less than #a        
,commission member chosen by a member of
 each party1 ,republican and            
,democratic1 is present4  7e7 ,actions  
of ,commission  7#a7 ,in general ,the   
,commission-- 7,a7 shall1 subject to the
 requirements of section #bjd1 act by   
resolution agreed to by a majority of   
the members of the ,commission voting   
and present2 and  7,b7 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--  7i7 
which shall be subject to the review and
 control of the ,commission2 and  7ii7  
any findings and determinations made by 
such a panel shall not be considered the
 findings and determinations of the     
,commission unless approved by the      
,commission4  7#b7 ,delegation ,any     
member1 agent1 or staff of the          

,commission may1 if authorized by the   
co-chairpersons of the ,commission1 take
 any action which the ,commission is    
authorized to take pursuant to this     
,act4  #bjf4 ,administration  7a7 ,staff
  7#a7 ,executive director ,the         
,commission shall have a staff headed by
 an ,executive ,director4 ,the          
,executive ,director shall be paid at a 
rate established for the ,certified     
,plan pay level for the ,senior         
,executive ,service under section #echb 
of title #e1 ,united ,states ,code4     
7#b7 ,appointment and compensation ,the 
co-chairpersons of the ,commission shall
 designate the ,executive ,director and1
 in accordance with rules agreed upon by
 the ,commission1 may appoint and fix   
the compensation of such other personnel
 as may be necessary to enable the      
,commission to carry out its functions1 
without regard to the provisions of     
title #e1 ,united ,states ,code1        
governing appointments in the           
competitive service1 and without regard 

to the provisions of chapter #ea and    
subchapter ,,iii of chapter #ec of such 
title relating to classification and    
,general ,schedule pay rates1 except    
that no rate of pay fixed under this    
paragraph may exceed the equivalent of  
that payable for a position at level ,v 
of the ,executive ,schedule under       
section #ecaf of title #e1 ,united      
,states ,code4  7#c7 ,personnel as      
,federal employees  7,a7 ,in general    
,the executive director and any         
personnel of the ,commission who are    
employees shall be employees under      
section #baje of title #e1 ,united      
,states ,code1 for purposes of chapters 
#fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and  
#ij of that title4  7,b7 ,members of    
commission ,subparagraph 7,a7 shall not 
be construed to apply to members of the 
,commission4  7#d7 ,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 #ecae of title  
#e1 ,united ,states ,code1 for each day 
during which that member is engaged in  
the actual performance of the duties of 
the ,commission4 ,all members of the    
,commission who are officers or         
employees of the ,united ,states1 a     
,state1 or a local government shall     
serve without compensation in addition  
to that received for their services as  
officers or employees4  7#e7 ,travel    
expenses ,while away from their homes or
 regular places of business in the      
performance of services for the         
,commission1 members of the ,commission 
shall be allowed travel expenses1       
including per diem in lieu of           
subsistence1 in the same manner as      
persons employed intermittently in the  
,government service are allowed expenses
 under section #egjc7;b7 of title #e1   
,united ,states ,code4  7b7 ,experts and
 consultants ,with the approval of the  
,commission1 the ,executive ,director   

may procure temporary and intermittent  
services under section #caji7;b7 of     
title #e1 ,united ,states ,code4  7c7   
,detail of ,government employees ,upon  
the request of the ,commission1 the head
 of any ,federal agency may detail1     
without reimbursement1 any of the       
personnel of such agency to the         
,commission to assist in carrying out   
the duties of the ,commission4 ,any such
 detail shall not interrupt or otherwise
 affect the civil service status or     
privileges of the ,federal employee4    
7d7 ,other resources ,the ,commission   
shall have reasonable access to         
materials1 resources1 statistical data1 
and other information such ,commission  
determines to be necessary to carry out 
its duties from the ,library of         
,congress1 the ,department of ,justice1 
the ,office of ,national ,drug ,control 
,policy1 the ,department of ,state1 and 
other agencies of the executive and     
legislative branches of the ,federal    
,government4 ,the co-chairpersons of the

 ,commission shall make requests for    
such access in writing when necessary4  
7e7 ,volunteer services ,notwithstanding
 the provisions of section #acdb of     
title #ca1 ,united ,states ,code1 the   
,commission is authorized to accept and 
utilize the services of volunteers      
serving without compensation4 ,the      
,commission may reimburse such          
volunteers for local travel and office  
supplies1 and for other travel expenses1
 including per diem in lieu of          
subsistence1 as authorized by section   
#egjc of title #e1 ,united ,states      
,code4 ,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 #ha
 of title #e1 ,united ,states ,code1    
relating to compensation for            
work-related injuries1 chapter #aga of  
title #bh1 ,united ,states ,code1       
relating to tort claims1 and chapter #aa
 of title #ah1 ,united ,states ,code1   

relating to conflicts of interest4  7f7 
,obtaining official data ,the           
,commission may secure directly from any
 agency of the ,united ,states          
information necessary to enable it to   
carry out this ,act4 ,upon the request  
of the co-chairpersons of the           
,commission1 the head of that department
 or agency shall furnish that           
information to the ,commission4 ,the    
,commission shall not have access to    
sensitive information regarding ongoing 
investigations4  7g7 ,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 ,states4  7h7  
,administrative reporting ,the          
,commission shall issue biannual status 
reports to ,congress regarding the use  
of resources1 salaries1 and all         
expenditures of appropriated funds4  7i7
 ,contracts ,the ,commission is         
authorized to enter into contracts with 
,federal and ,state agencies1 private   

firms1 institutions1 and individuals for
 the conduct of activities necessary to 
the discharge of its duties and         
responsibilities4 ,a contract1 lease1 or
 other legal agreement entered into by  
the ,commission may not extend beyond   
the date of the termination of the      
,commission4  7j7 ,gifts ,subject to    
existing law1 the ,commission may       
accept1 use1 and dispose of gifts or    
donations of services or property4  7k7 
,administrative assistance ,the         
,administrator of ,general ,services    
shall provide to the ,commission1 on a  
reimbursable basis1 the administrative  
support services necessary for the      
,commission to carry out its            
responsibilities under this ,act4 ,these
 administrative services may include    
human resource management1 budget1      
leasing1 accounting1 and payroll        
services4  7l7 ,nonapplicability of     
,,faca and public access to meetings and
 minutes  7#a7 ,in general ,the ,federal
 ,advisory ,committee ,act 7#e ,u4,s4,c4

 ,app47 shall not apply to the          
,commission4  7#b7 ,meetings and minutes
  7,a7 ,meetings  7i7 ,administration   
,all meetings of the ,commission shall  
be open to the public1 except that a    
meeting or any portion of it may be     
closed to the public if it concerns     
matters or information described in     
section #eeb;b7c7 of title #e1 ,united  
,states ,code4 ,interested persons shall
 be permitted to appear at open meetings
 and present oral or written statements 
on the subject matter of the meeting4   
,the ,commission may administer oaths or
 affirmations to any person appearing   
before it4  7ii7 ,notice ,all open      
meetings of the ,commission shall be    
preceded by timely public notice in the 
,federal ,register of the time1 place1  
and subject of the meeting4  7,b7       
,minutes and public availability        
,minutes of each open meeting shall be  
kept and shall contain a record of the  
people present1 a description of the    
discussion that occurred1 and copies of 

all statements filed4 ,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 ,commission4  7m7        
,archiving ,not later than the date of  
termination of the ,commission1 all     
records and papers of the ,commission   
shall be delivered to the ,archivist of 
the ,united ,states for deposit in the  
,national ,archives4  #bjg4 ,sunset ,the
 ,commission shall terminate #fj days   
after the ,commission submits the report
 required under section #bjd to         
,congress4