[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1607 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1607
To establish the National Criminal Justice Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2017
Mr. Deutch (for himself and Mr. Thomas J. Rooney of Florida) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To establish the National Criminal Justice Commission.
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 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the interest of the Nation to establish a
commission to undertake a comprehensive review of the criminal
justice system;
(2) there has not been a comprehensive study since the
President's Commission on Law Enforcement and Administration of
Justice was established in 1965;
(3) that commission, in a span of 18 months, produced a
comprehensive report entitled ``The Challenge of Crime in a
Free Society'', which contained 200 specific recommendations on
all aspects of the criminal justice system involving Federal,
State, tribal, and local governments, civic organizations,
religious institutions, business groups, and individual
citizens; and
(4) developments over the intervening 50 years require once
again that Federal, State, tribal, and local governments, civic
organizations, religious institutions, business groups, and
individual citizens come together to review evidence and
consider how to improve the criminal justice system.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Criminal Justice Commission'' (referred to in this Act as the
``Commission'').
SEC. 4. PURPOSE OF THE COMMISSION.
The Commission shall--
(1) undertake a comprehensive review of the criminal
justice system;
(2) make recommendations for Federal criminal justice
reform to the President and Congress; and
(3) disseminate findings and supplemental guidance to the
Federal Government, as well as to State, local, and tribal
governments.
SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT.
(a) General Review.--The Commission shall undertake a comprehensive
review of all areas of the criminal justice system, including Federal,
State, local, and tribal governments' criminal justice costs,
practices, and policies.
(b) Recommendations.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall submit to the
President and Congress recommendations for changes in Federal
oversight, policies, practices, and laws designed to prevent,
deter, and reduce crime and violence, reduce recidivism,
improve cost-effectiveness, and ensure the interests of justice
at every step of the criminal justice system.
(2) Unanimous consent required.--A recommendation of the
Commission may be adopted and submitted under paragraph (1) if
the recommendation is approved by a unanimous vote of the
Commissioners at a meeting where a quorum is present pursuant
to section 6(d).
(3) Requirement.--The recommendations submitted under this
subsection shall be made available to the public.
(c) Report.--
(1) In general.--Not later than 18 months after the first
meeting of the Commission, the Commission shall also
disseminate to the Federal Government, as well as to State,
local, and tribal governments, a report that details the
findings and supplemental guidance of the Commission regarding
the criminal justice system at all levels of government.
(2) Majority vote required.--Commission findings and
supplemental guidance may be adopted and included in the report
required under paragraph (1) if the findings or guidance is
approved by a majority vote of the Commissioners at a meeting
where a quorum is present pursuant to section 6(d), except that
any Commissioners dissenting from particular finding or
supplemental guidance shall have the right to state the reason
for their dissent in writing and such dissent shall be included
in the report of the Commission.
(3) Requirement.--The report submitted under this
subsection shall be made available to the public.
(d) Prior Commissions.--The Commission shall take into
consideration the work of prior relevant commissions in conducting its
review.
(e) State and Local Government.--In issuing its recommendations and
report under this section, the Commission shall not infringe on the
legitimate rights of the States to determine their own criminal laws or
the enforcement of such laws.
(f) Public Hearings.--The Commission shall conduct public hearings
in various locations around the United States.
(g) Consultation With Government and Nongovernment
Representatives.--
(1) In general.--The Commission shall--
(A) closely consult with Federal, State, local, and
tribal government and nongovernmental leaders,
including State, local, and tribal law enforcement
officials, 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 under
subsection (c) summaries of the input and
recommendations of these leaders.
(2) United states sentencing commission.--To the extent the
review and recommendations required by this section relate to
sentencing policies and practices for the Federal criminal
justice system, the Commission shall conduct such review and
make such recommendations in consultation with the United
States Sentencing Commission.
(h) Sense of Congress, Goal of Unanimity.--It is the sense of the
Congress that, given the national importance of the matters before the
Commission, the Commission should work toward unanimously supported
findings and supplemental guidance, and that unanimously supported
findings and supplemental guidance should take precedence over those
findings and supplemental guidance that are not unanimously supported.
SEC. 6. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 14 members, as
follows:
(1) One member shall be appointed by the President, who
shall serve as co-chairman of the Commission.
(2) One member shall be appointed by the leader of the
Senate, in consultation with the leader of the House of
Representatives, that is a member of the opposite party of the
President, who shall serve as co-chairman of the Commission.
(3) Two members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, in consultation
with the Democratic leadership of the Committee on the
Judiciary.
(4) Two members shall be appointed by the senior member of
the Senate leadership of the Republican Party, in consultation
with the Republican leadership of the Committee on the
Judiciary.
(5) Two members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, in consultation with the Republican
leadership of the Committee on the Judiciary.
(6) Two members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, in consultation with the Democratic
leadership of the Committee on the Judiciary.
(7) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with the leader of the Senate (majority or minority
leader, as the case may be) of the Republican Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Republican Party.
(8) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with the leader of the Senate (majority or minority
leader, as the case may be) of the Democratic Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Democratic Party.
(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.--Eight members of the Commission shall
constitute a quorum for purposes of conducting business, except
that 2 members of the Commission shall constitute a quorum for
purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. If vacancies in the
Commission occur on any day after 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority of
the members of the Commission as of such day, so long as not
less than 1 Commission member chosen by a member of each party,
Republican and Democratic, is present.
(e) Actions of Commission.--
(1) In general.--The Commission--
(A) shall, subject to the requirements of section
5, act by resolution agreed to by a majority of the
members of the Commission voting and present; and
(B) may establish panels composed of less than the
full membership of the Commission for purposes of
carrying out the duties of the Commission under this
title--
(i) which shall be subject to the review
and control of the Commission; and
(ii) any findings and determinations made
by such a panel shall not be considered the
findings and determinations of the Commission
unless approved by the Commission.
(2) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the 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
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, United States Code, relating to compensation for work-related
injuries, chapter 171 of title 28, United States Code, relating to tort
claims, and chapter 11 of title 18, United States Code, relating to
conflicts of interest.
(f) Obtaining Official Data.--The Commission may secure directly
from any agency of the United States information necessary to enable it
to carry out this Act. Upon the request of the 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 biannual
status reports to Congress regarding the use of resources, salaries,
and all expenditures of appropriated funds.
(i) Contracts.--The Commission is authorized to enter into
contracts with Federal and State agencies, private firms, institutions,
and individuals for the conduct of activities necessary to the
discharge of its duties and responsibilities. A contract, lease or
other legal agreement entered into by the Commission may not extend
beyond the date of the termination of the Commission.
(j) Gifts.--Subject to existing law, the Commission may accept,
use, and dispose of gifts or donations of services or property.
(k) Administrative Assistance.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act. These administrative services
may include human resource management, budget, leasing, accounting, and
payroll services.
(l) Nonapplicability of FACA and Public Access to Meetings and
Minutes.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Meetings and minutes.--
(A) Meetings.--
(i) Administration.--All meetings of the
Commission shall be open to the public, except
that a meeting or any portion of it may be
closed to the public if it concerns matters or
information described in section 552b(c) of
title 5, United States Code. Interested persons
shall be permitted to appear at open meetings
and present oral or written statements on the
subject matter of the meeting. The Commission
may administer oaths or affirmations to any
person appearing before it.
(ii) Notice.--All open meetings of the
Commission shall be preceded by timely public
notice in the Federal Register of the time,
place, and subject of the meeting.
(B) Minutes and public availability.--Minutes of
each open meeting shall be kept and shall contain a
record of the people present, a description of the
discussion that occurred, and copies of all statements
filed. The minutes and records of all open meetings and
other documents that were made available to or prepared
for the Commission shall be available for public
inspection and copying at a single location in the
offices of the Commission.
(m) Archiving.--Not later than the date of termination of the
Commission, all records and papers of the Commission shall be delivered
to the Archivist of the United States for deposit in the National
Archives.
SEC. 8. AUTHORIZATION FOR USE OF FUNDS.
For each of fiscal years 2018 and 2019, the Attorney General may
use, from any unobligated balances made available under the heading
``General Administration'' to the Department of Justice in an
appropriations Act, such amounts as are necessary, not to exceed
$7,000,000 per fiscal year and not to exceed $14,000,000 total for both
fiscal years, to carry out this Act, except that none of the funds
authorized to be used to carry out this Act may be used for
international travel.
SEC. 9. SUNSET.
The Commission shall terminate 60 days after it submits its report
to Congress.
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