,,ii #aafth ,,congress #ast ,session ,s4 #bdcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjai ,mr4 ,peters 7for himself1 ,mr4 ,graham1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,national ,criminal ,justice ,commission4 #a4 ,short title ,this ,act may be cited as the ,national ,criminal ,justice ,commission ,act of #bjai4 #b4 ,findings ,congress finds that-- 7#a7 it is in the interest of the ,united ,states 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 in a span of #ah months1 the ,president's ,commission on ,law ,enforcement and ,administration of ,justice 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-- 7,a7 ,federal1 ,state1 ,tribal1 and local governments2 7,b7 civic organizations2 7,c7 religious institutions2 7,d7 business groups2 and 7,e7 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 submit to the ,president and ,congress recommendations for ,federal criminal justice reform2 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 the criminal justice costs1 practices1 and policies of the ,federal1 ,state1 local1 and ,tribal governments4 7b7 ,recommendations 7#a7 ,in general ,not later than #ah months after the date of 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 ,if a unanimous vote of the members of the ,commission at a meeting where a quorum is present pursuant to section #f7;d7 approves a recommendation of the ,commission1 the ,commission may adopt and submit the recommendation under paragraph 7#a74 7#c7 ,public access ,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 date of the first meeting of the ,commission1 the ,commission shall 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 ,if a majority vote of the members of the ,commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section #f7;d71 the finding or supplemental guidance may be adopted and included in the report required under paragraph 7#a74 7#c7 ,dissents ,in the case of a member of the ,commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph 7#b71 the member may state the reason for the dissent in writing and the report described in paragraph 7#a7 shall include the dissent4 7#d7 ,public access ,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 the review of the ,commission4 7e7 ,state and local governments ,in issuing the recommendations and report of the ,commission under this section1 the ,commission shall not infringe on the legitimate rights of the ,states to determine the criminal laws of the ,states 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 governments and nongovernment leaders1 including-- 7i7 ,state1 local1 and ,tribal law enforcement officials1 including rank and file officers2 7ii7 legislators2 7iii7 public health officials2 7iv7 judges2 7v7 court administrators2 7vi7 prosecutors2 7vii7 defense counsel2 7viii7 victims' rights organizations2 7ix7 probation and parole officials2 7x7 criminal justice planners2 7xi7 criminologists2 7xii7 civil rights and liberties organizations2 7xiii7 community-based organization leaders2 7xiv7 formerly incarcerated individuals2 7xv7 professional organizations2 and 7xvi7 corrections officials2 and 7,b7 include in the final report required under subsection 7c7 summaries of the input and recommendations of the leaders consulted under subparagraph 7,a74 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 the review in consultation with the ,united ,states ,sentencing ,commission4 7h7 ,sense of ,congress on unanimity ,it is the sense of ,congress that1 given the national importance of the matters before the ,commission-- 7#a7 the ,commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the ,commission2 and 7#b7 a finding or supplemental guidance unanimously supported by the members of the ,commission should take precedence over a finding or supplemental guidance that is not unanimously supported4 #f4 ,membership 7a7 ,in general ,the ,commission shall be composed of #ad members1 as follows3 7#a7 ,the ,president shall appoint #a member1 who shall serve as a co-chairperson of the ,commission4 7#b7 ,the co-chairperson described in paragraph 7#a7 shall appoint #f members in consultation with the leadership of-- 7,a7 the ,senate and ,house of ,representatives of the same political party as the ,president2 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives of the same political party as the ,president2 and 7,c7 the ,committee on the ,judiciary of the ,senate of the same political party as the ,president4 7#c7 ,the leader of the ,senate1 in consultation with the leader of the ,house of ,representatives who is a member of the opposite party of the ,president1 shall appoint #a member1 who shall serve as a co-chairperson of the ,commission4 7#d7 ,the co-chairperson described in paragraph 7#c7 shall appoint #f members in consultation with the leadership of-- 7,a7 the ,senate and ,house of ,representatives of the opposite political party as the ,president2 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives of the opposite political party as the ,president2 and 7,c7 the ,committee on the ,judiciary of the ,senate of the opposite political party as the ,president4 7b7 ,membership 7#a7 ,in general ,a member shall be appointed based upon knowledge or experience in a relevant area1 including-- 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-- 7i7 physical and sexual victimization2 7ii7 drug addiction2 or 7iii7 mental health2 7,g7 the rights of victims2 7,h7 civil rights2 7,i7 civil liberties2 7,j7 court administration2 7,k7 social services2 or 7,l7 ,state1 local1 or ,tribal government4 7#b7 ,law enforcement representation 7,a7 ,members appointed by the co-chairpersons ,of the #f members appointed by the co-chairperson 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 a ,tribal law enforcement agency4 7,b7 ,other members ,of the #f members appointed under subsection 7a77#d7-- 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 a ,tribal law enforcement agency4 7#c7 ,disqualification ,if an individual possesses a personal financial interest in the discharge of a duty of the ,commission1 the individual may not be appointed as a member of the ,commission4 7#d7 ,terms ,a member shall be appointed for the duration of the ,commission4 7c7 ,appointments and first meeting 7#a7 ,appointments ,each member of the ,commission shall be appointed not later than #de days after the date of enactment of this ,act4 7#b7 ,first meeting ,the ,commission shall hold the first meeting of the ,commission on the date1 whichever is later1 that is not later than-- 7,a7 #fj days after the date of enactment of this ,act2 or 7,b7 #cj days after the date on which funds are made available for the ,commission4 7#c7 ,ethics ,at the first meeting of the ,commission1 the ,commission shall-- 7,a7 draft appropriate ethics guidelines for members and staff of the ,commission1 including guidelines relating to-- 7i7 conflict of interest2 and 7ii7 financial disclosure2 7,b7 consult with the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives as a part of drafting the guidelines2 and 7,c7 provide each ,committee described in subparagraph 7,b7 with a copy of the guidelines completed under subparagraph 7,a74 7d7 ,meetings1 quorum1 and vacancies 7#a7 ,meetings ,the ,commission shall meet at the call of-- 7,a7 the co-chairpersons2 or 7,b7 a majority of the members of the ,commission4 7#b7 ,quorum ,except as provided in paragraph 7#c77;,b71 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 7,a7 ,in general ,a vacancy in the ,commission shall not affect a power of the ,commission1 and the vacancy shall be filled in the same manner in which the original appointment was made4 7,b7 ,quorum ,in the case of a vacancy occurring after the date that is #de days after the date of enactment of this ,act1 until the date on which the vacancy is filled1 a majority of the members of the ,commission shall constitute a quorum if-- 7i7 not fewer than #a member of the ,commission appointed under paragraph 7#a7 or 7#b7 of subsection 7a7 is present2 and 7ii7 not fewer than #a member of the ,commission appointed under paragraph 7#c7 or 7#d7 of subsection 7a7 is present4 7e7 ,actions of the ,commission 7#a7 ,in general ,the ,commission-- 7,a7 shall1 subject to section #e1 act by a resolution agreed to by a majority of the members of the ,commission voting and present2 and 7,b7 may establish a panel composed of less than the full membership of the ,commission for purposes of carrying out a duty of the ,commission under this ,act1 which-- 7i7 shall be subject to the review and control of the ,commission2 and 7ii7 may make a finding or determination that may be considered a finding or determination of the ,commission if the finding or determination is approved by the ,commission4 7#b7 ,delegation ,if authorized by the co-chairpersons of the ,commission1 a member1 agent1 or staff member of the ,commission may take an action that the ,commission may take under this ,act4 #g4 ,administration 7a7 ,staff 7#a7 ,executive ,director ,the ,commission shall have a staff headed by an ,executive ,director1 who 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 ,appointments and compensation ,the co-chairpersons 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 such title #e4 7,b7 ,members of the ,commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7#d7 ,the compensation of members 7,a7 ,non-federal employees ,a member of the commission who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,board4 7,b7 ,federal employees ,a member of the commission who is an officer or employee of the ,federal ,government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the ,federal ,government4 7#e7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular places of business of the member in the performance of services for the ,commission4 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 a ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7d7 ,other resources 7#a7 ,in general ,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-- 7,a7 the ,library of ,congress2 7,b7 the ,department of ,justice2 7,c7 the ,office of ,national ,drug ,control ,policy2 7,d7 the ,department of ,state2 and 7,e7 other agencies of the executive or legislative branch of the ,federal ,government4 7#b7 ,requests for resources ,the co-chairpersons of the ,commission shall make requests for the access described in paragraph 7#a7 in writing when necessary4 7e7 ,volunteer services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,commission-- 7#a7 may-- 7,a7 accept and use the services of an individual volunteering to serve without compensation2 and 7,b7 reimburse the individual described in subparagraph 7,a7 for local travel1 office supplies1 and for other travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code2 and 7#b7 shall consider the individual described in paragraph 7#a7 an employee of the ,federal ,government in performance of those services for the purposes of-- 7,a7 chapter #ha of title #e1 ,united ,states ,code1 relating to compensation for work-related injuries2 7,b7 chapter #aga of title #bh1 ,united ,states ,code1 relating to tort claims2 and 7,c7 chapter #aa of title #ah1 ,united ,states ,code1 relating to conflicts of interest4 7f7 ,obtaining official data 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,commission may directly secure from an agency of the ,united ,states information necessary to enable the ,commission to carry out this ,act4 7#b7 ,procedures ,upon the request of the co-chairpersons of the ,commission1 the head of the agency shall furnish any information requested under paragraph 7#a7 to the ,commission4 7#c7 ,sensitive information ,the ,commission may 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 ,biannual reports ,the ,commission shall submit biannual status reports to ,congress regarding-- 7#a7 the use of resources2 7#b7 salaries2 and 7#c7 all expenditures of appropriated funds4 7i7 ,contracts 7#a7 ,in general ,the ,commission may enter into a contract with a ,federal or ,state agency1 a private firm1 an institution1 or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the ,commission4 7#b7 ,timing ,a contract1 lease1 or other legal agreement the ,commission enters into may not extend beyond the date of the termination of the ,commission4 7j7 ,gifts ,the ,commission may accept1 use1 or dispose of a gift or donation of a service 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 the responsibilities of the ,commission under this ,act1 which may include-- 7#a7 human resource management2 7#b7 budget2 7#c7 leasing2 7#d7 accounting2 or 7#e7 payroll services4 7l7 ,non-,applicability 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 ,each meeting 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 7ii7 ,interested individuals ,an interested individual may-- 7,i7 appear at an open meeting2 7,,ii7 present an oral or written statement on the subject matter of the meeting2 and 7,,iii7 be administered an oath or affirmation4 7iii7 ,notice ,each open meeting 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 access 7i7 ,minutes ,minutes of each open meeting shall be kept and shall contain a record of-- 7,i7 the people present2 7,,ii7 a description of the discussion that occurred2 and 7,,iii7 a copy of each statement filed4 7ii7 ,public access ,the minutes and records of each open meeting 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 described in section #i1 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 #bjbj and #bjba1 the ,attorney ,general may use1 from an unobligated balance 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 date on which the ,commission submits the report required under section #e7;c7 to ,congress4