I 
116TH CONGRESS 
2D SESSION 
H. R. 7907 
To establish the National Criminal Justice Commission. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2020 
Mr. DEUTCH (for himself and Mr. TRONE) 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Criminal Jus-
tice Commission Act of 2020’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) it is in the interest of the United States to 
establish a commission to undertake a comprehen-
sive review of the criminal justice system; 
(2) there has not been a comprehensive study 
since the President’s Commission on Law Enforce-
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ment and Administration of Justice was established 
in 1965; 
(3) in a span of 18 months, the President’s 
Commission on Law Enforcement and Administra-
tion of Justice produced a comprehensive report en-
titled ‘‘The Challenge of Crime in a Free Society’’, 
which contained 200 specific recommendations on all 
aspects of the criminal justice system involving— 
(A) Federal, State, Tribal, and local gov-
ernments; 
(B) civic organizations; 
(C) religious institutions; 
(D) business groups; and 
(E) individual citizens; and 
(4) developments over the intervening 50 years 
require once again that Federal, State, Tribal, and 
local governments, law enforcement agencies, includ-
ing rank and file officers, civil rights organizations, 
community-based organization leaders, civic organi-
zations, religious institutions, business groups, and 
individual citizens come together to review evidence 
and consider how to improve the criminal justice 
system. 
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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) submit to the President and Congress rec-
ommendations for Federal criminal justice reform; 
and 
(3) disseminate findings and supplemental guid-
ance 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 un-
dertake a comprehensive review of all areas of the criminal 
justice system, including the criminal justice costs, prac-
tices, and policies of the Federal, State, local, and Tribal 
governments. 
(b) RECOMMENDATIONS.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the first meeting of the Commis-
sion, the Commission shall submit to the President 
and Congress recommendations for changes in Fed-
eral oversight, policies, practices, and laws designed 
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to prevent, deter, and reduce crime and violence, re-
duce recidivism, improve cost-effectiveness, and en-
sure the interests of justice at every step of the 
criminal justice system. 
(2) UNANIMOUS
CONSENT.—If a unanimous 
vote of the members of the Commission at a meeting 
where a quorum is present pursuant to section 6(d) 
approves a recommendation of the Commission, the 
Commission may adopt and submit the recommenda-
tion under paragraph (1). 
(3) PUBLIC
ACCESS.—The recommendations 
submitted under this subsection shall be made avail-
able to the public. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the first meeting of the Commis-
sion, the Commission shall disseminate to the Fed-
eral Government, as well as to State, local, and 
Tribal governments, a report that details the find-
ings and supplemental guidance of the Commission 
regarding the criminal justice system at all levels of 
government. 
(2) MAJORITY VOTE.—If a majority vote of the 
members of the Commission approves a finding or 
supplemental guidance at a meeting where a quorum 
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is present pursuant to section 6(d), the finding or 
supplemental guidance may be adopted and included 
in the report required under paragraph (1). 
(3) DISSENTS.—In the case of a member of the 
Commission who dissents from a finding or supple-
mental guidance approved by a majority vote under 
paragraph (2), the member may state the reason for 
the dissent in writing and the report described in 
paragraph (1) shall include the dissent. 
(4) PUBLIC
ACCESS.—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 commis-
sions in conducting the review of the Commission. 
(e) STATE AND LOCAL GOVERNMENTS.—In issuing 
the recommendations and report of the Commission under 
this section, the Commission shall not infringe on the le-
gitimate rights of the States to determine the criminal 
laws of the States or the enforcement of such laws. 
(f) PUBLIC HEARINGS.—The Commission shall con-
duct public hearings in various locations around the 
United States. 
(g) CONSULTATION WITH GOVERNMENT AND NON-
GOVERNMENT REPRESENTATIVES.— 
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(1) IN GENERAL.—The Commission shall— 
(A) closely consult with Federal, State, 
local, and Tribal governments and nongovern-
ment leaders, including— 
(i) State, local, and Tribal law en-
forcement officials, including rank and file 
officers; 
(ii) legislators; 
(iii) public health officials; 
(iv) judges; 
(v) court administrators; 
(vi) prosecutors; 
(vii) defense counsel; 
(viii) victims’ rights organizations; 
(ix) probation and parole officials; 
(x) criminal justice planners; 
(xi) criminologists; 
(xii) civil rights and liberties organiza-
tions; 
(xiii) community-based organization 
leaders; 
(xiv) formerly incarcerated individ-
uals; 
(xv) professional organizations; and 
(xvi) corrections officials; and 
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(B) include in the final report required 
under subsection (c) summaries of the input 
and recommendations of the leaders consulted 
under subparagraph (A). 
(2) UNITED
STATES
SENTENCING
COMMIS-
SION.—To the extent the review and recommenda-
tions required by this section relate to sentencing 
policies and practices for the Federal criminal jus-
tice system, the Commission shall conduct the review 
in consultation with the United States Sentencing 
Commission. 
(h) SENSE OF CONGRESS ON UNANIMITY.—It is the 
sense of Congress that, given the national importance of 
the matters before the Commission— 
(1) the Commission should work toward devel-
oping findings and supplemental guidance that are 
unanimously supported by the members of the Com-
mission; and 
(2) a finding or supplemental guidance unani-
mously supported by the members of the Commis-
sion should take precedence over a finding or supple-
mental guidance that is not unanimously supported. 
SEC. 6. MEMBERSHIP. 
(a) IN GENERAL.—The Commission shall be com-
posed of 14 members, as follows: 
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(1) The President shall appoint 1 member, who 
shall serve as a co-chairperson of the Commission. 
(2) The co-chairperson described in paragraph 
(1) shall appoint 6 members in consultation with the 
leadership of— 
(A) the Senate and House of Representa-
tives of the same political party as the Presi-
dent; 
(B) the Committee on the Judiciary of the 
House of Representatives of the same political 
party as the President; and 
(C) the Committee on the Judiciary of the 
Senate of the same political party as the Presi-
dent. 
(3) The leader of the Senate, in consultation 
with the leader of the House of Representatives who 
is a member of the opposite party of the President, 
shall appoint 1 member, who shall serve as a co- 
chairperson of the Commission. 
(4) The co-chairperson described in paragraph 
(3) shall appoint 6 members in consultation with the 
leadership of— 
(A) the Senate and House of Representa-
tives of the opposite political party as the Presi-
dent; 
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(B) the Committee on the Judiciary of the 
House of Representatives of the opposite polit-
ical party as the President; and 
(C) the Committee on the Judiciary of the 
Senate of the opposite political party as the 
President. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—A member shall be ap-
pointed based upon knowledge or experience in a rel-
evant area, including— 
(A) law enforcement; 
(B) criminal justice; 
(C) national security; 
(D) prison and jail administration; 
(E) prisoner reentry; 
(F) public health, including— 
(i) physical and sexual victimization; 
(ii) drug addiction; or 
(iii) mental health; 
(G) the rights of victims; 
(H) civil rights; 
(I) civil liberties; 
(J) court administration; 
(K) social services; or 
(L) State, local, or Tribal government. 
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(2) LAW ENFORCEMENT REPRESENTATION.— 
(A) MEMBERS
APPOINTED
BY
THE
CO- 
CHAIRPERSONS.—Of the 6 members appointed 
by the co-chairperson under subsection (a)(2)— 
(i) not fewer than 2 shall be rep-
resentatives from Federal, State, or local 
law enforcement agencies; and 
(ii) not fewer than 1 shall be a rep-
resentative from a Tribal law enforcement 
agency. 
(B) OTHER MEMBERS.—Of the 6 members 
appointed under subsection (a)(4)— 
(i) not fewer than 2 shall be rep-
resentatives of Federal, State, or local law 
enforcement agencies; and 
(ii) not fewer than 1 shall be a rep-
resentative from a Tribal law enforcement 
agency. 
(3) DISQUALIFICATION.—If an individual pos-
sesses a personal financial interest in the discharge 
of a duty of the Commission, the individual may not 
be appointed as a member of the Commission. 
(4) TERMS.—A member shall be appointed for 
the duration of the Commission. 
(c) APPOINTMENTS AND FIRST MEETING.— 
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(1) APPOINTMENTS.—Each member of the 
Commission shall be appointed not later than 45 
days after the date of enactment of this Act. 
(2) FIRST
MEETING.—The Commission shall 
hold the first meeting of the Commission on the 
date, whichever is later, that is not later than— 
(A) 60 days after the date of enactment of 
this Act; or 
(B) 30 days after the date on which funds 
are made available for the Commission. 
(3) ETHICS.—At the first meeting of the Com-
mission, the Commission shall— 
(A) draft appropriate ethics guidelines for 
members and staff of the Commission, includ-
ing guidelines relating to— 
(i) conflict of interest; and 
(ii) financial disclosure; 
(B) consult with the Committees on the 
Judiciary of the Senate and the House of Rep-
resentatives as a part of drafting the guidelines; 
and 
(C) provide each Committee described in 
subparagraph (B) with a copy of the guidelines 
completed under subparagraph (A). 
(d) MEETINGS, QUORUM, AND VACANCIES.— 
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(1) MEETINGS.—The Commission shall meet at 
the call of— 
(A) the co-chairpersons; or 
(B) a majority of the members of the Com-
mission. 
(2) QUORUM.—Except as provided in para-
graph (3)(B), a majority of the 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 pur-
poses of receiving testimony. 
(3) VACANCIES.— 
(A) IN GENERAL.—A vacancy in the Com-
mission shall not affect a power of the Commis-
sion, and the vacancy shall be filled in the same 
manner in which the original appointment was 
made. 
(B) QUORUM.—In the case of a vacancy 
occurring after the date that is 45 days after 
the date of enactment of this Act, until the date 
on which the vacancy is filled, a majority of the 
members of the Commission shall constitute a 
quorum if— 
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or staff member of the Commission may take an ac-
tion that the Commission may take under this Act. 
SEC. 7. ADMINISTRATION. 
(a) STAFF.— 
(1) EXECUTIVE
DIRECTOR.—The Commission 
shall have a staff headed by an Executive Director, 
who shall be paid at a rate established for the Cer-
tified Plan pay level for the Senior Executive Service 
under section 5382 of title 5, United States Code. 
(2) APPOINTMENTS AND COMPENSATION.—The 
co-chairpersons 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 en-
able the Commission to carry out its functions, with-
out 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. 
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(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 pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of such title 5. 
(B) MEMBERS
OF
THE
COMMISSION.— 
Subparagraph (A) shall not be construed to 
apply to members of the Commission. 
(4) THE COMPENSATION OF MEMBERS.— 
(A) NON-FEDERAL EMPLOYEES.—A mem-
ber of the commission who is not an officer or 
employee of the Federal Government shall be 
compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay prescribed 
for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for 
each day (including travel time) during which 
the member is engaged in the performance of 
the duties of the Board. 
(B) 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 
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received for the services of the member as an 
officer or employee of the Federal Government. 
(5) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular places of business of 
the member in the performance of services for the 
Commission. 
(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, a Federal Government em-
ployee may be detailed to the Commission without reim-
bursement, and such detail shall be without interruption 
or loss of civil service status or privilege. 
(d) OTHER RESOURCES.— 
(1) IN GENERAL.—The Commission shall have 
reasonable access to materials, resources, statistical 
data, and other information such Commission deter-
mines to be necessary to carry out its duties from— 
(A) the Library of Congress; 
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(B) the Department of Justice; 
(C) the Office of National Drug Control 
Policy; 
(D) the Department of State; and 
(E) other agencies of the executive or legis-
lative branch of the Federal Government. 
(2) REQUESTS FOR RESOURCES.—The co-chair-
persons of the Commission shall make requests for 
the access described in paragraph (1) in writing 
when necessary. 
(e) VOLUNTEER SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Commis-
sion— 
(1) may— 
(A) accept and use the services of an indi-
vidual volunteering to serve without compensa-
tion; and 
(B) reimburse the individual described in 
subparagraph (A) for local travel, office sup-
plies, and for other travel expenses, including 
per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code; and 
(2) shall consider the individual described in 
paragraph (1) an employee of the Federal Govern-
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ment in performance of those services for the pur-
poses of— 
(A) chapter 81 of title 5, United States 
Code, relating to compensation for work-related 
injuries; 
(B) chapter 171 of title 28, United States 
Code, relating to tort claims; and 
(C) chapter 11 of title 18, United States 
Code, relating to conflicts of interest. 
(f) OBTAINING OFFICIAL DATA.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Commission may directly secure from 
an agency of the United States information nec-
essary to enable the Commission to carry out this 
Act. 
(2) PROCEDURES.—Upon the request of the co- 
chairpersons of the Commission, the head of the 
agency shall furnish any information requested 
under paragraph (1) to the Commission. 
(3) SENSITIVE
INFORMATION.—The Commis-
sion may not have access to sensitive information re-
garding ongoing investigations. 
(g) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
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ditions as other departments and agencies of the United 
States. 
(h) BIANNUAL REPORTS.—The Commission shall 
submit biannual status reports to Congress regarding— 
(1) the use of resources; 
(2) salaries; and 
(3) all expenditures of appropriated funds. 
(i) CONTRACTS.— 
(1) IN GENERAL.—The Commission may enter 
into a contract with a Federal or State agency, a 
private firm, an institution, or an individual for the 
conduct of an activity necessary to the discharge of 
a duty or responsibility of the Commission. 
(2) TIMING.—A contract, lease, or other legal 
agreement the Commission enters into may not ex-
tend beyond the date of the termination of the Com-
mission. 
(j) GIFTS.—The Commission may accept, use, or dis-
pose of a gift or donation of a service 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 the re-
sponsibilities of the Commission under this Act, which 
may include— 
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(1) human resource management; 
(2) budget; 
(3) leasing; 
(4) accounting; or 
(5) payroll services. 
(l) NON-APPLICABILITY 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.—Each meeting 
of the Commission shall be open to the 
public, except that a meeting or any por-
tion 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. 
(ii) INTERESTED
INDIVIDUALS.—An 
interested individual may— 
(I) appear at an open meeting; 
(II) present an oral or written 
statement on the subject matter of the 
meeting; and 
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(III) be administered an oath or 
affirmation. 
(iii) NOTICE.—Each open meeting 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 ACCESS.— 
(i) MINUTES.—Minutes of each open 
meeting shall be kept and shall contain a 
record of— 
(I) the people present; 
(II) a description of the discus-
sion that occurred; and 
(III) a copy of each statement 
filed. 
(ii) 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 
Commission. 
(m) ARCHIVING.—Not later than the date described 
in section 9, all records and papers of the Commission 
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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 2020 and 2021, the Attorney 
General may use, from an unobligated balance made avail-
able 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 the 
date on which the Commission submits the report required 
under section 5(c) to Congress. 
Æ 
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