To establish the National Criminal Justice Commission.

SA 750. Mr. REID (for Mr. Webb) proposed an amendment to amendment SA
738 proposed by Mr. Inouye to the bill H.R. 2112, making appropriations
for Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30,
2012, and for other purposes; as follows:

At the appropriate place, insert the following:
Sec. ___. (a) Short Title.--This section may be cited as
the ``National Criminal Justice Commission Act of 2011''.
(b) Establishment of Commission.--There is established a
commission to be known as the ``National Criminal Justice
Commission'' (referred to in this section as the
``Commission'').
(c) Purpose of the Commission.--The Commission shall
undertake a comprehensive review of the criminal justice
system, encompassing current Federal, State, local, and
tribal criminal justice policies and practices, and make
reform recommendations for the President, Congress, State,
local, and tribal governments.
(d) Review and Recommendations.--
(1) 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.
(2) Findings and recommendations.--After conducting a
review of the United States criminal justice system as
required by paragraph (1), the Commission shall make findings
regarding such review and recommendations 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.
(3) Prior commissions.--The Commission shall take into
consideration the work of prior relevant commissions in
conducting its review.
(4) State and local government.--In making its
recommendations, the Commission should consider the financial
and human resources of State and local governments.
Recommendations shall not infringe on the legitimate rights
of the States to determine their own criminal laws or the
enforcement of such laws.
(5) Public hearings.--The Commission shall conduct public
hearings in various locations around the United States.
(6) Consultation with government and nongovernment
representatives.--
(A) In general.--The Commission shall--
(i) 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
(ii) include in the final report required by paragraph (7)
summaries of the input and recommendations of these leaders.
(B) United states sentencing commission.--To the extent the
review and recommendations required by this subsection 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.
(7) Report.--
(A) Report.--Not later than 18 months after the first
meeting of the Commission, the Commission shall prepare and
submit a final report that contains a detailed statement of
findings, conclusions, and recommendations of the Commission
to Congress, the President, State, local, and tribal
governments.
(B) 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.
(C) Public availability.--The report submitted under this
paragraph shall be made available to the public.
(D) Votes on recommendations in report.--Consistent with
subparagraph (B), the Commission shall state the vote total
for each recommendation contained in its report to Congress.
(e) Membership.--
(1) In general.--The Commission shall be composed of 14
members, as follows:
(A) One member shall be appointed by the President, who
shall serve as co-chairman of the Commission.
(B) One member shall be appointed by the leader of the
Senate (majority or minority leader, as the case may be) of
the Republican Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
case may be) of the Republican Party, who shall serve as co-
chairman of the Commission.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with 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.
(H) Two members, who shall be State and local
representatives, shall be appointed by the President in
agreement with 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.
(2) Membership.--
(A) 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--
(i) law enforcement;

[[Page S6608]]

(ii) criminal justice;
(iii) national security;
(iv) prison and jail administration;
(v) prisoner reentry;
(vi) public health, including physical and sexual
victimization, drug addiction and mental health;
(vii) victims' rights;
(viii) civil liberties;
(ix) court administration;
(x) social services; and
(xi) State, local, and tribal government.
(B) 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.
(C) Terms.--Members shall be appointed for the life of the
Commission.
(3) Appointment; first meeting.--
(A) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this section.
(B) First meeting.--The Commission shall hold its first
meeting on the date that is 60 days after the date of
enactment of this section, or not later than 30 days after
the date on which funds are made available for the
Commission, whichever is later.
(C) 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.
(4) Meetings; quorum; vacancies.--
(A) Meetings.--The Commission shall meet at the call of the
co-chairs or a majority of its members.
(B) 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.
(C) 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 section, a quorum shall consist of a
majority of the members of the Commission as of such day, so
long as at least 1 Commission member chosen by a member of
each party, Republican and Democratic, is present.
(5) Actions of commission.--
(A) In general.--The Commission--
(i) shall act by resolution agreed to by a majority of the
members of the Commission voting and present; and
(ii) 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 section--

(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.

(B) 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 section.
(f) Administration.--
(1) Staff.--
(A) 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.
(B) 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.
(C) Personnel as federal employees.--
(i) 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.
(ii) Members of commission.--Clause (i) shall not be
construed to apply to members of the Commission.
(D) 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.
(E) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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 of the United States
Code, relating to compensation for work-related injuries,
chapter 171 of title 28 of the United States Code, relating
to tort claims, and chapter 11 of title 18 of the United
States Code, relating to conflicts of interest.
(6) Obtaining official data.--The Commission may secure
directly from any agency of the United States information
necessary to enable it to carry out this section. 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.
(7) 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.
(8) Administrative reporting.--The Commission shall issue
biannual status reports to Congress regarding the use of
resources, salaries, and all expenditures of appropriated
funds.
(9) 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.
(10) Gifts.--Subject to existing law, the Commission may
accept, use, and dispose of gifts or donations of services or
property.
(11) 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 section. These administrative
services may include human resource management, budget,
leasing, accounting, and payroll services.
(12) Nonapplicability of faca and public access to meetings
and minutes.--
(A) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(B) Meetings and minutes.--
(i) 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.

(ii) 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.

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(13) 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.
(g) Appropriation.--Of amounts provided in this Act for
salary and expenses for the Office of Justice Programs,
$5,000,000 shall be for the establishment of the commission,
until such funds are expended.
(h) Sunset.--The Commission shall terminate 60 days after
it submits its report to Congress.
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