HR 5143 PCS
(2) there has not been a comprehensive study 
since the President’s Commission on Law Enforce-
ment 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 con-
tained 200 specific recommendations on all aspects 
of the criminal justice system involving Federal, 
State, tribal, and local governments, civic organiza-
tions, religious institutions, business groups, and in-
dividual citizens; and 
(4) developments over the intervening 45 years 
require once again that Federal, State, tribal, and 
local governments, civic organizations, religious in-
stitutions, 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 undertake a comprehensive re-
view of the criminal justice system, encompassing current 
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Federal, State, local, and tribal criminal justice policies 
and practices, and make reform recommendations for the 
President, Congress, State, local, and tribal governments. 
SEC. 5. REVIEW AND RECOMMENDATIONS. 
(a) GENERAL REVIEW.—The Commission shall un-
dertake 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) FINDINGS AND RECOMMENDATIONS.—After con-
ducting a review of the United States criminal justice sys-
tem as required by section 5(a), the Commission shall 
make findings regarding such review and recommenda-
tions for changes in 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. 
(c) REPORT ADVISORY IN NATURE.—No finding or 
recommendation made by the Commission in its report 
shall be binding on any Federal, State, Tribal, or local 
unit of government. The findings and recommendations of 
the Commission are advisory in nature. 
(d) STATE AND LOCAL GOVERNMENT.—In making 
its recommendations, the Commission should consider the 
financial and human resources of State and local govern-
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ments. Recommendations shall not infringe on the legiti-
mate rights of the States to determine their own criminal 
laws or the enforcement of such laws. 
(e) PUBLIC HEARINGS.—The Commission shall con-
duct public hearings in various locations around the 
United States. 
(f) CONSULTATION WITH GOVERNMENT AND NON-
GOVERNMENT REPRESENTATIVES.— 
(1) IN GENERAL.—The Commission shall— 
(A) closely consult with Federal, State, 
local, and tribal government and nongovern-
mental leaders, including State, local, and tribal 
law enforcement officials, legislators, public 
health officials, judges, court administrators, 
prosecutors, defense counsel, victims’ rights or-
ganizations, probation and parole officials, 
criminal justice planners, criminologists, civil 
rights and liberties organizations, formerly in-
carcerated individuals, professional organiza-
tions, and corrections officials; and 
(B) include in the final report required by 
subsection (g) summaries of the input and rec-
ommendations of these leaders. 
(2) UNITED
STATES
SENTENCING
COMMIS-
SION.—To the extent the review and recommenda-
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tions required by this section relate to sentencing 
policies and practices for the Federal criminal jus-
tice system, the Commission shall conduct such re-
view and make such recommendations in consulta-
tion with the United States Sentencing Commission. 
(g) REPORT.— 
(1) REPORT.—Not later than 18 months after 
the first meeting of the Commission, the Commis-
sion shall prepare and submit a final report that 
contains a detailed statement of findings, conclu-
sions, and recommendations of the Commission to 
Congress, the President, State, local, and tribal gov-
ernments. 
(2) 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 recommendations. 
(3) PUBLIC
AVAILABILITY.—The report sub-
mitted under this subsection shall be made available 
to the public. 
(4) VOTES
ON
RECOMMENDATIONS
IN
RE-
PORT.—Consistent with paragraph (2), the Commis-
sion shall state the vote total for each recommenda-
tion contained in its report to Congress. 
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SEC. 6. MEMBERSHIP. 
(a) IN GENERAL.—The Commission shall be com-
posed of 14 members, as follows: 
(1) 1 member shall be appointed by the Presi-
dent, who shall serve as co-chairman of the Commis-
sion. 
(2) 1 member shall be appointed by the minor-
ity leader of the Senate, in consultation with the mi-
nority leader of the House of Representatives, who 
shall serve as co-chairman of the Commission. 
(3) 2 members appointed by the majority leader 
of the Senate, in consultation with the Chairman of 
the Committee on the Judiciary. 
(4) 2 members appointed by the minority leader 
of the Senate, in consultation with the ranking mem-
ber of the Committee on Judiciary. 
(5) 2 members appointed by the Speaker of the 
House of Representatives, in consultation with the 
Chairman of the Committee on Judiciary. 
(6) 2 members appointed by the minority leader 
of the House of Representatives, in consultation with 
the ranking member of the Committee on Judiciary. 
(7) 2 members, who shall be State and local 
representatives, shall be appointed by the President 
in agreement with the minority leader of the Senate 
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and the minority leader of the House of Representa-
tives. 
(8) 2 members, who shall be State and local 
representatives, shall be appointed by the President 
in agreement with the majority leader of the Senate 
and the Speaker of the House of Representatives. 
(b) MEMBERSHIP.— 
(1) 
QUALIFICATIONS.—The 
individuals 
ap-
pointed from private life as members of the Commis-
sion shall be individuals with distinguished reputa-
tions for integrity and nonpartisanship who are na-
tionally recognized for expertise, knowledge, or expe-
rience 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 
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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 mem-
bers. 
(2) QUORUM.—Seven members of the Commis-
sion, including at least 2 members chosen by either 
the Senate Majority Leader, Speaker of the House, 
or Senate Majority Leader and Speaker of the 
House in agreement with the President and 2 mem-
bers chosen by either the Senate Minority Leader, 
House Minority Leader, or Senate Minority Leader 
and House Minority Leader in agreement with the 
President, 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 Commis-
sion 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 enact-
ment of this Act, a quorum shall consist of a major-
ity of the members of the Commission as of such 
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day, so long as at least 1 Commission member cho-
sen by a member of each party, Republican and 
Democratic, is present. 
(e) ACTIONS OF COMMISSION.— 
(1) IN GENERAL.—The Commission— 
(A) shall 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 Com-
mission 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 consid-
ered the findings and determinations of the 
Commission unless approved by the Com-
mission. 
(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. 
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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 estab-
lished 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 Commis-
sion, may appoint and fix the compensation of such 
other personnel as may be necessary to enable the 
Commission to carry out its functions, without re-
gard 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 relat-
ing to classification and General Schedule pay rates, 
except that no rate of pay fixed under this sub-
section 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.— 
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(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 pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(4) THE COMPENSATION OF COMMISSIONERS.— 
Each member of the Commission may be com-
pensated 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 per-
formance of the duties of the Commission. All mem-
bers of the Commission who are officers or employ-
ees 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 per-
formance of services for the Commission, members 
of the Commission shall be allowed travel expenses, 
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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 ap-
proval 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 per-
sonnel of such agency to the Commission to assist in car-
rying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service sta-
tus 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 Na-
tional 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 nec-
essary. 
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(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, includ-
ing per diem in lieu of subsistence, as authorized by sec-
tion 5703 of Title 5, United States Code. A person pro-
viding volunteer services to the Commission shall be con-
sidered an employee of the Federal Government in per-
formance of those services for the purposes of chapter 81 
of title 5 of the United States Code, relating to compensa-
tion for work-related injuries, chapter 171 of title 28 of 
the United States Code, relating to tort claims, and chap-
ter 11 of title 18 of the 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 infor-
mation to the Commission. The Commission shall not have 
access to sensitive information regarding ongoing inves-
tigations. 
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(g) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
(h) ADMINISTRATIVE REPORTING.—The Commission 
shall issue bi-annual status reports to Congress regarding 
the use of resources, salaries, and all expenditures of ap-
propriated funds. 
(i) CONTRACTS.—The Commission is authorized to 
enter into contracts with Federal and State agencies, pri-
vate firms, institutions, and individuals for the conduct of 
activities necessary to the discharge of its duties and re-
sponsibilities. 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 serv-
ices or property. 
(k) ADMINISTRATIVE ASSISTANCE.—The Adminis-
trator of General Services shall provide to the Commis-
sion, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its re-
sponsibilities under this Act. These administrative services 
may include human resource management, budget, leas-
ing, accounting, and payroll services. 
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(l) NONAPPLICABILITY OF FACA AND PUBLIC AC-
CESS TO MEETINGS AND MINUTES.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee 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 pub-
lic, 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. In-
terested persons shall be permitted to ap-
pear at open meetings and present oral or 
written statements on the subject matter 
of the meeting. The Commission may ad-
minister oaths or affirmations to any per-
son appearing before it. 
(ii) NOTICE.—All open meetings of 
the Commission shall be preceded by time-
ly public notice in the Federal Register of 
the time, place, and subject of the meeting. 
(B) 
MINUTES
AND
PUBLIC
AVAIL-
ABILITY.—Minutes of each open meeting shall 
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be kept and shall contain a record of the people 
present, a description of the discussion that oc-
curred, 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 lo-
cation in the offices of the Commission. 
(m) ARCHIVING.—Not later than the date of termi-
nation 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 OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years 2011 and 2012 such sums are as 
necessary to carry out the purposes of this Act, not to 
exceed $7,000,000 per year for each fiscal year, and not 
more than $14,000,000 total. None of the funds appro-
priated under this Act may be utilized for international 
travel. 
(b) AVAILABILITY.—Any sums appropriated under 
the subsection (a) shall remain available, without fiscal 
year limitation, until expended. 
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SEC. 9. SUNSET. 
The Commission shall terminate 60 days after it sub-
mits its report to Congress. 
SEC. 10. COMPLIANCE WITH PAYGO. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Committee on the Budget of the 
House of Representatives, provided that such statement 
has been submitted prior to the vote on passage. 
Passed the House of Representatives July 27, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 514 
111TH CONGRESS 
2D SESSION 
H. R. 5143 
AN ACT 
To establish the National Criminal Justice 
Commission. 
AUGUST 5, 2010 
Read twice and placed on the calendar 
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