II 

116TH CONGRESS 

1ST SESSION S. 2434 

To establish the National Criminal Justice Commission. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2019 

Mr. PETERS (for himself, Mr. GRAHAM, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To establish the National Criminal Justice Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Criminal Jus5 tice Commission Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) it is in the interest of the United States to 

9 establish a commission to undertake a comprehen10 sive review of the criminal justice system; 


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1 (2) there has not been a comprehensive study 

2 since the President’s Commission on Law Enforce3 ment and Administration of Justice was established 

4 in 1965; 

5 (3) in a span of 18 months, the President’s 

6 Commission on Law Enforcement and Administra7 tion of Justice produced a comprehensive report en8 titled ‘‘The Challenge of Crime in a Free Society’’, 

9 which contained 200 specific recommendations on all 

10 aspects of the criminal justice system involving— 

11 (A) Federal, State, Tribal, and local gov12 ernments; 

13 (B) civic organizations; 

14 (C) religious institutions; 

15 (D) business groups; and 

16 (E) individual citizens; and 

17 (4) developments over the intervening 50 years 

18 require once again that Federal, State, Tribal, and 

19 local governments, law enforcement agencies, includ20 ing rank and file officers, civil rights organizations, 

21 community-based organization leaders, civic organi22 zations, religious institutions, business groups, and 

23 individual citizens come together to review evidence 

24 and consider how to improve the criminal justice 

25 system. 


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1 SEC. 3. ESTABLISHMENT OF COMMISSION. 

2 There is established a commission to be known as the 

3 ‘‘National Criminal Justice Commission’’ (referred to in 

4 this Act as the ‘‘Commission’’). 

5 SEC. 4. PURPOSE OF THE COMMISSION. 

6 The Commission shall— 

7 (1) undertake a comprehensive review of the 

8 criminal justice system; 

9 (2) submit to the President and Congress rec10 ommendations for Federal criminal justice reform; 

11 and 

12 (3) disseminate findings and supplemental guid13 ance to the Federal Government, as well as to State, 

14 local, and Tribal governments. 

15 SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT. 

16 (a) GENERAL REVIEW.—The Commission shall un17 dertake a comprehensive review of all areas of the criminal 

18 justice system, including the criminal justice costs, prac19 tices, and policies of the Federal, State, local, and Tribal 

20 governments. 

21 (b) RECOMMENDATIONS.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date of the first meeting of the Commis24 sion, the Commission shall submit to the President 

25 and Congress recommendations for changes in Fed26 eral oversight, policies, practices, and laws designed 


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1 to prevent, deter, and reduce crime and violence, re2 duce recidivism, improve cost-effectiveness, and en3 sure the interests of justice at every step of the 

4 criminal justice system. 

5 (2) UNANIMOUS CONSENT.—If a unanimous 

6 vote of the members of the Commission at a meeting 

7 where a quorum is present pursuant to section 6(d) 

8 approves a recommendation of the Commission, the 

9 Commission may adopt and submit the recommenda10 tion under paragraph (1). 

11 (3) PUBLIC ACCESS.—The recommendations 

12 submitted under this subsection shall be made avail13 able to the public. 

14 (c) REPORT.— 

15 (1) IN GENERAL.—Not later than 18 months 

16 after the date of the first meeting of the Commis17 sion, the Commission shall disseminate to the Fed18 eral Government, as well as to State, local, and 

19 Tribal governments, a report that details the find20 ings and supplemental guidance of the Commission 

21 regarding the criminal justice system at all levels of 

22 government. 

23 (2) MAJORITY VOTE.—If a majority vote of the 

24 members of the Commission approves a finding or 

25 supplemental guidance at a meeting where a quorum 


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1 is present pursuant to section 6(d), the finding or 

2 supplemental guidance may be adopted and included 

3 in the report required under paragraph (1). 

4 (3) DISSENTS.—In the case of a member of the 

5 Commission who dissents from a finding or supple6 mental guidance approved by a majority vote under 

7 paragraph (2), the member may state the reason for 

8 the dissent in writing and the report described in 

9 paragraph (1) shall include the dissent. 

10 (4) PUBLIC ACCESS.—The report submitted 

11 under this subsection shall be made available to the 

12 public. 

13 (d) PRIOR COMMISSIONS.—The Commission shall 

14 take into consideration the work of prior relevant commis15 sions in conducting the review of the Commission. 

16 (e) STATE AND LOCAL GOVERNMENTS.—In issuing 

17 the recommendations and report of the Commission under 

18 this section, the Commission shall not infringe on the le19 gitimate rights of the States to determine the criminal 

20 laws of the States or the enforcement of such laws. 

21 (f) PUBLIC HEARINGS.—The Commission shall con22 duct public hearings in various locations around the 

23 United States. 

24 (g) CONSULTATION WITH GOVERNMENT AND NON25 GOVERNMENT REPRESENTATIVES.— 


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1 (1) IN GENERAL.—The Commission shall— 

2 (A) closely consult with Federal, State, 

3 local, and Tribal governments and nongovern4 ment leaders, including— 

5 (i) State, local, and Tribal law en6 forcement officials, including rank and file 

7 officers; 

8 (ii) legislators; 

9 (iii) public health officials; 

10 (iv) judges; 

11 (v) court administrators; 

12 (vi) prosecutors; 

13 (vii) defense counsel; 

14 (viii) victims’ rights organizations; 

15 (ix) probation and parole officials; 

16 (x) criminal justice planners; 

17 (xi) criminologists; 

18 (xii) civil rights and liberties organiza19 tions; 

20 (xiii) community-based organization 

21 leaders; 

22 (xiv) formerly incarcerated individ23 uals; 

24 (xv) professional organizations; and 

25 (xvi) corrections officials; and 


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1 (B) include in the final report required 

2 under subsection (c) summaries of the input 

3 and recommendations of the leaders consulted 

4 under subparagraph (A). 

5 (2) UNITED STATES SENTENCING COMMIS6 SION.—To the extent the review and recommenda7 tions required by this section relate to sentencing 

8 policies and practices for the Federal criminal jus9 tice system, the Commission shall conduct the review 

10 in consultation with the United States Sentencing 

11 Commission. 

12 (h) SENSE OF CONGRESS ON UNANIMITY.—It is the 

13 sense of Congress that, given the national importance of 

14 the matters before the Commission— 

15 (1) the Commission should work toward devel16 oping findings and supplemental guidance that are 

17 unanimously supported by the members of the Com18 mission; and 

19 (2) a finding or supplemental guidance unani20 mously supported by the members of the Commis21 sion should take precedence over a finding or supple22 mental guidance that is not unanimously supported. 

23 SEC. 6. MEMBERSHIP. 

24 (a) IN GENERAL.—The Commission shall be com25 posed of 14 members, as follows: 


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1 (1) The President shall appoint 1 member, who 

2 shall serve as a co-chairperson of the Commission. 

3 (2) The co-chairperson described in paragraph 

4 (1) shall appoint 6 members in consultation with the 

5 leadership of— 

6 (A) the Senate and House of Representa7 tives of the same political party as the Presi8 dent; 

9 (B) the Committee on the Judiciary of the 

10 House of Representatives of the same political 

11 party as the President; and 

12 (C) the Committee on the Judiciary of the 

13 Senate of the same political party as the Presi14 dent. 

15 (3) The leader of the Senate, in consultation 

16 with the leader of the House of Representatives who 

17 is a member of the opposite party of the President, 

18 shall appoint 1 member, who shall serve as a co19 chairperson of the Commission. 

20 (4) The co-chairperson described in paragraph 

21 (3) shall appoint 6 members in consultation with the 

22 leadership of— 

23 (A) the Senate and House of Representa24 tives of the opposite political party as the Presi25 dent; 


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1 (B) the Committee on the Judiciary of the 

2 House of Representatives of the opposite polit3 ical party as the President; and 

4 (C) the Committee on the Judiciary of the 

5 Senate of the opposite political party as the 

6 President. 

7 (b) MEMBERSHIP.— 

8 (1) IN GENERAL.—A member shall be ap9 pointed based upon knowledge or experience in a rel10 evant area, including— 

11 (A) law enforcement; 

12 (B) criminal justice; 

13 (C) national security; 

14 (D) prison and jail administration; 

15 (E) prisoner reentry; 

16 (F) public health, including— 

17 (i) physical and sexual victimization; 

18 (ii) drug addiction; or 

19 (iii) mental health; 

20 (G) the rights of victims; 

21 (H) civil rights; 

22 (I) civil liberties; 

23 (J) court administration; 

24 (K) social services; or 

25 (L) State, local, or Tribal government. 


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1 (2) LAW ENFORCEMENT REPRESENTATION.— 

2 (A) MEMBERS APPOINTED BY THE CO3 CHAIRPERSONS.—Of the 6 members appointed 

4 by the co-chairperson under subsection (a)(2)— 

5 (i) not fewer than 2 shall be rep6 resentatives from Federal, State, or local 

7 law enforcement agencies; and 

8 (ii) not fewer than 1 shall be a rep9 resentative from a Tribal law enforcement 

10 agency. 

11 (B) OTHER MEMBERS.—Of the 6 members 

12 appointed under subsection (a)(4)— 

13 (i) not fewer than 2 shall be rep14 resentatives of Federal, State, or local law 

15 enforcement agencies; and 

16 (ii) not fewer than 1 shall be a rep17 resentative from a Tribal law enforcement 

18 agency. 

19 (3) DISQUALIFICATION.—If an individual pos20 sesses a personal financial interest in the discharge 

21 of a duty of the Commission, the individual may not 

22 be appointed as a member of the Commission. 

23 (4) TERMS.—A member shall be appointed for 

24 the duration of the Commission. 

25 (c) APPOINTMENTS AND FIRST MEETING.— 


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1 (1) APPOINTMENTS.—Each member of the 

2 Commission shall be appointed not later than 45 

3 days after the date of enactment of this Act. 

4 (2) FIRST MEETING.—The Commission shall 

5 hold the first meeting of the Commission on the 

6 date, whichever is later, that is not later than— 

7 (A) 60 days after the date of enactment of 

8 this Act; or 

9 (B) 30 days after the date on which funds 

10 are made available for the Commission. 

11 (3) ETHICS.—At the first meeting of the Com12 mission, the Commission shall— 

13 (A) draft appropriate ethics guidelines for 

14 members and staff of the Commission, includ15 ing guidelines relating to— 

16 (i) conflict of interest; and 

17 (ii) financial disclosure; 

18 (B) consult with the Committees on the 

19 Judiciary of the Senate and the House of Rep20 resentatives as a part of drafting the guidelines; 

21 and 

22 (C) provide each Committee described in 

23 subparagraph (B) with a copy of the guidelines 

24 completed under subparagraph (A). 

25 (d) MEETINGS, QUORUM, AND VACANCIES.— 


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1 (1) MEETINGS.—The Commission shall meet at 

2 the call of— 

3 (A) the co-chairpersons; or 

4 (B) a majority of the members of the Com5 mission. 

6 (2) QUORUM.—Except as provided in para7 graph (3)(B), a majority of the members of the 

8 Commission shall constitute a quorum for purposes 

9 of conducting business, except that 2 members of 

10 the Commission shall constitute a quorum for pur11 poses of receiving testimony. 

12 (3) VACANCIES.— 

13 (A) IN GENERAL.—A vacancy in the Com14 mission shall not affect a power of the Commis15 sion, and the vacancy shall be filled in the same 

16 manner in which the original appointment was 

17 made. 

18 (B) QUORUM.—In the case of a vacancy 

19 occurring after the date that is 45 days after 

20 the date of enactment of this Act, until the date 

21 on which the vacancy is filled, a majority of the 

22 members of the Commission shall constitute a 

23 quorum if— 


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1 (i) not fewer than 1 member of the 

2 Commission appointed under paragraph 

3 (1) or (2) of subsection (a) is present; and 

4 (ii) not fewer than 1 member of the 

5 Commission appointed under paragraph 

6 (3) or (4) of subsection (a) is present. 

7 (e) ACTIONS OF THE COMMISSION.— 

8 (1) IN GENERAL.—The Commission— 

9 (A) shall, subject to section 5, act by a res10 olution agreed to by a majority of the members 

11 of the Commission voting and present; and 

12 (B) may establish a panel composed of less 

13 than the full membership of the Commission for 

14 purposes of carrying out a duty of the Commis15 sion under this Act, which— 

16 (i) shall be subject to the review and 

17 control of the Commission; and 

18 (ii) may make a finding or determina19 tion that may be considered a finding or 

20 determination of the Commission if the 

21 finding or determination is approved by 

22 the Commission. 

23 (2) DELEGATION.—If authorized by the co24 chairpersons of the Commission, a member, agent, 


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1 or staff member of the Commission may take an ac2 tion that the Commission may take under this Act. 

3 SEC. 7. ADMINISTRATION. 

4 (a) STAFF.— 

5 (1) EXECUTIVE DIRECTOR.—The Commission 

6 shall have a staff headed by an Executive Director, 

7 who shall be paid at a rate established for the Cer8 tified Plan pay level for the Senior Executive Service 

9 under section 5382 of title 5, United States Code. 

10 (2) APPOINTMENTS AND COMPENSATION.—The 

11 co-chairpersons of the Commission shall designate 

12 and fix the compensation of the Executive Director 

13 and, in accordance with rules agreed upon by the 

14 Commission, may appoint and fix the compensation 

15 of such other personnel as may be necessary to en16 able the Commission to carry out its functions, with17 out regard to the provisions of title 5, United States 

18 Code, governing appointments in the competitive 

19 service, and without regard to the provisions of 

20 chapter 51 and subchapter III of chapter 53 of such 

21 title relating to classification and General Schedule 

22 pay rates, except that no rate of pay fixed under this 

23 subsection may exceed the equivalent of that payable 

24 for a position at level V of the Executive Schedule 

25 under section 5316 of title 5, United States Code. 


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1 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

2 (A) IN GENERAL.—The Executive Director 

3 and any personnel of the Commission who are 

4 employees shall be employees under section 

5 2105 of title 5, United States Code, for pur6 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

7 and 90 of such title 5. 

8 (B) MEMBERS OF THE COMMISSION.— 

9 Subparagraph (A) shall not be construed to 

10 apply to members of the Commission. 

11 (4) THE COMPENSATION OF MEMBERS.— 

12 (A) NON-FEDERAL EMPLOYEES.—A mem13 ber of the commission who is not an officer or 

14 employee of the Federal Government shall be 

15 compensated at a rate equal to the daily equiva16 lent of the annual rate of basic pay prescribed 

17 for level IV of the Executive Schedule under 

18 section 5315 of title 5, United States Code, for 

19 each day (including travel time) during which 

20 the member is engaged in the performance of 

21 the duties of the Board. 

22 (B) FEDERAL EMPLOYEES.—A member of 

23 the commission who is an officer or employee of 

24 the Federal Government shall serve without 

25 compensation in addition to the compensation 


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1 received for the services of the member as an 

2 officer or employee of the Federal Government. 

3 (5) TRAVEL EXPENSES.—A member of the 

4 Commission shall be allowed travel expenses, includ5 ing per diem in lieu of subsistence, at rates author6 ized for employees of agencies under subchapter I of 

7 chapter 57 of title 5, United States Code, while 

8 away from the home or regular places of business of 

9 the member in the performance of services for the 

10 Commission. 

11 (b) EXPERTS AND CONSULTANTS.—With the ap12 proval of the Commission, the Executive Director may 

13 procure temporary and intermittent services under section 

14 3109(b) of title 5, United States Code. 

15 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

16 the request of the Commission, a Federal Government em17 ployee may be detailed to the Commission without reim18 bursement, and such detail shall be without interruption 

19 or loss of civil service status or privilege. 

20 (d) OTHER RESOURCES.— 

21 (1) IN GENERAL.—The Commission shall have 

22 reasonable access to materials, resources, statistical 

23 data, and other information such Commission deter24 mines to be necessary to carry out its duties from— 

25 (A) the Library of Congress; 


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1 (B) the Department of Justice; 

2 (C) the Office of National Drug Control 

3 Policy; 

4 (D) the Department of State; and 

5 (E) other agencies of the executive or legis6 lative branch of the Federal Government. 

7 (2) REQUESTS FOR RESOURCES.—The co-chair8 persons of the Commission shall make requests for 

9 the access described in paragraph (1) in writing 

10 when necessary. 

11 (e) VOLUNTEER SERVICES.—Notwithstanding sec12 tion 1342 of title 31, United States Code, the Commis13 sion— 

14 (1) may— 

15 (A) accept and use the services of an indi16 vidual volunteering to serve without compensa17 tion; and 

18 (B) reimburse the individual described in 

19 subparagraph (A) for local travel, office sup20 plies, and for other travel expenses, including 

21 per diem in lieu of subsistence, as authorized by 

22 section 5703 of title 5, United States Code; and 

23 (2) shall consider the individual described in 

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1 ment in performance of those services for the pur2 poses of— 

3 (A) chapter 81 of title 5, United States 

4 Code, relating to compensation for work-related 

5 injuries; 

6 (B) chapter 171 of title 28, United States 

7 Code, relating to tort claims; and 

8 (C) chapter 11 of title 18, United States 

9 Code, relating to conflicts of interest. 

10 (f) OBTAINING OFFICIAL DATA.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (3), the Commission may directly secure from 

13 an agency of the United States information nec14 essary to enable the Commission to carry out this 

15 Act. 

16 (2) PROCEDURES.—Upon the request of the co17 chairpersons of the Commission, the head of the 

18 agency shall furnish any information requested 

19 under paragraph (1) to the Commission. 

20 (3) SENSITIVE INFORMATION.—The Commis21 sion may not have access to sensitive information re22 garding ongoing investigations. 

23 (g) MAILS.—The Commission may use the United 

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1 ditions as other departments and agencies of the United 

2 States. 

3 (h) BIANNUAL REPORTS.—The Commission shall 

4 submit biannual status reports to Congress regarding— 

5 (1) the use of resources; 

6 (2) salaries; and 

7 (3) all expenditures of appropriated funds. 

8 (i) CONTRACTS.— 

9 (1) IN GENERAL.—The Commission may enter 

10 into a contract with a Federal or State agency, a 

11 private firm, an institution, or an individual for the 

12 conduct of an activity necessary to the discharge of 

13 a duty or responsibility of the Commission. 

14 (2) TIMING.—A contract, lease, or other legal 

15 agreement the Commission enters into may not ex16 tend beyond the date of the termination of the Com17 mission. 

18 (j) GIFTS.—The Commission may accept, use, or dis19 pose of a gift or donation of a service or property. 

20 (k) ADMINISTRATIVE ASSISTANCE.—The Adminis21 trator of General Services shall provide to the Commis22 sion, on a reimbursable basis, the administrative support 

23 services necessary for the Commission to carry out the re24 sponsibilities of the Commission under this Act, which 

25 may include— 


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1 (1) human resource management; 

2 (2) budget; 

3 (3) leasing; 

4 (4) accounting; or 

5 (5) payroll services. 

6 (l) NON-APPLICABILITY OF FACA AND PUBLIC AC7 CESS TO MEETINGS AND MINUTES.— 

8 (1) IN GENERAL.—The Federal Advisory Com9 mittee Act (5 U.S.C. App.) shall not apply to the 

10 Commission. 

11 (2) MEETINGS AND MINUTES.— 

12 (A) MEETINGS.— 

13 (i) ADMINISTRATION.—Each meeting 

14 of the Commission shall be open to the 

15 public, except that a meeting or any por16 tion of it may be closed to the public if it 

17 concerns matters or information described 

18 in section 552b(c) of title 5, United States 

19 Code. 

20 (ii) INTERESTED INDIVIDUALS.—An 

21 interested individual may— 

22 (I) appear at an open meeting; 

23 (II) present an oral or written 

24 statement on the subject matter of the 

25 meeting; and 


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1 (III) be administered an oath or 

2 affirmation. 

3 (iii) NOTICE.—Each open meeting of 

4 the Commission shall be preceded by time5 ly public notice in the Federal Register of 

6 the time, place, and subject of the meeting. 

7 (B) MINUTES AND PUBLIC ACCESS.— 

8 (i) MINUTES.—Minutes of each open 

9 meeting shall be kept and shall contain a 

10 record of— 

11 (I) the people present; 

12 (II) a description of the discus13 sion that occurred; and 

14 (III) a copy of each statement 

15 filed. 

16 (ii) PUBLIC ACCESS.—The minutes 

17 and records of each open meeting and 

18 other documents that were made available 

19 to or prepared for the Commission shall be 

20 available for public inspection and copying 

21 at a single location in the offices of the 

22 Commission. 

23 (m) ARCHIVING.—Not later than the date described 

24 in section 9, all records and papers of the Commission 


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1 shall be delivered to the Archivist of the United States 

2 for deposit in the National Archives. 

3 SEC. 8. AUTHORIZATION FOR USE OF FUNDS. 

4 For each of fiscal years 2020 and 2021, the Attorney 

5 General may use, from an unobligated balance made avail6 able under the heading ‘‘General Administration’’ to the 

7 Department of Justice in an appropriations Act, such 

8 amounts as are necessary, not to exceed $7,000,000 per 

9 fiscal year and not to exceed $14,000,000 total for both 

10 fiscal years, to carry out this Act, except that none of the 

11 funds authorized to be used to carry out this Act may be 

12 used for international travel. 

13 SEC. 9. SUNSET. 

14 The Commission shall terminate 60 days after the 

15 date on which the Commission submits the report required 

16 under section 5(c) to Congress. 

Æ 


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