#aaeth ,,congress  #b;d ,session  ,s4   
#egc  ,,an ,,act  ,to establish the     
,national ,criminal ,justice            
,commission4  #a4 ,short title ,this    
,act may be cited as the ,national      
,criminal ,justice ,commission ,act of  
#bjah4  #b4 ,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 
law enforcement agencies1 including rank
 and file officers1 civil rights        
organizations1 community-based          
organization leaders1 civic             
organizations1 religious institutions1  
business groups1 and individual citizens
 come together to review evidence and   
consider how to improve the criminal    
justice system4  #c4 ,establishment of  
commission ,there is established a      
commission to be known as the ,national 
,criminal ,justice ,commission 7referred
 to in this ,act as the ,commission74   
#d4 ,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 
#e4 ,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   
#f7;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
 #f7;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 including rank   
and file officers1 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    
community-based organization leaders1   
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 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  #f4 ,membership 
7a7 ,in general ,the ,commission shall  
be composed of #ad members1 as follows3 
7#a7 ,the ,president shall appoint the  
,attorney ,general to serve as chairman 
and a member of the ,commission4  7#b7  
,six members shall be appointed by the  
,attorney ,general in consultation      
with-- 7,a7 the leadership of the       
,senate and ,house of ,representatives  
of the same political party as the      
,president2 and  7,b7 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 ,president4  7#c7 ,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 ,president4  7b7 ,membership     
7#a7 ,in general ,members will be       
selected based upon knowledge 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 rights2  7,i7 civil liberties2    
7,j7 court administration2  7,k7 social 

services2 and  7,l7 ,state1 local1 and  
,tribal government4  7#b7 ,law          
enforcement representation  7,a7        
,members appointed by ,attorney ,general
 ,of the #f members appointed by the    
,attorney ,general under subsection     
7a77#b7-- 7i7 not fewer than #b shall be
 representatives from ,federal1 ,state1 
or local law enforcement agencies2 and  
7ii7 not fewer than #a shall be a       
representative from ,tribal law         
enforcement agencies4  7,b7 ,other      
members ,of the #g members appointed    
under subsection 7a77#c7-- 7i7 not fewer
 than #b shall be representatives of    
,federal1 ,state1 or local law          
enforcement agencies2 and  7ii7 not     
fewer than #a shall be a representative 
from ,tribal law enforcement agencies4  
7#c7 ,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#d7 ,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 chairman or his or   
her designee4  7#b7 ,quorum ,a majority 
of the 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 #e1 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   
chairman of the ,commission1 take any   
action which the ,commission is         
authorized to take pursuant to this     
,act4  #g4 ,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 
chairman of the ,commission shall       
designate and fix the compensation of   
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    
subsection 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       
,state1 or 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 chairman 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 chairman 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 lease 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  #h4 ,authorization
 for use of funds ,for each of fiscal   
years #bjai and #bjbj1 the ,attorney    
,general may use1 from any unobligated  
balances made available under the       
heading ,general ,administration to the 
,department of ,justice in an           
appropriations ,act1 such amounts as are
 necessary1 not to exceed #g1jjj1jjj per
 fiscal year and not to exceed          
#ad1jjj1jjj total for both fiscal years1
 to carry out this ,act1 except that    
none of the funds authorized to be used 
to carry out this ,act may be used for  
international travel4  #i4 ,sunset ,the 
,commission shall terminate #fj days    
after the ,commission submits the report
 required under section #e7;c7 to       
,congress4  ,passed the ,senate         
,december #bb1 #bjah4,secretary