[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1196 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1196

   To establish a Commission for Review and Correction of Historical 
                  Injustices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2021

Mr. DeSaulnier introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
      Education and Labor, and Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To establish a Commission for Review and Correction of Historical 
                  Injustices, and for other purposes.

    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 ``Confronting and Correcting 
Historical Injustices Act''.

SEC. 2. COMMISSION FOR REVIEW AND CORRECTION OF HISTORICAL INJUSTICES.

    (a) Establishment.--There is established a commission to be known 
as the Commission for Review and Correction of Historical Injustices 
(in this Act referred to as the ``Commission'').
    (b) Duties of Commission.--The Commission shall--
            (1) identify and review each instance of historical 
        injustice;
            (2) identify and review any instance in which a Federal 
        agency has unjustly discriminated against an individual or 
        group protected by the Civil Rights Act of 1964 (42 U.S.C. 
        2000a et seq.), by the Rehabilitation Act (29 U.S.C. 705), and 
        members of the uniformed services as defined by section 101 of 
        title 10, United States Code, that led to a discriminatory 
        charge, conviction, or dismissal of that individual or group;
            (3) identify and review any instance where an individual or 
        group has been discriminated against and has not received 
        compensation for the discriminatory act of the Federal agency;
            (4) not later than 90 days after the date of enactment of 
        this Act, establish a mechanism for the public to submit and be 
        heard on each instance of discrimination by a Federal agency 
        for consideration by the Commission; and
            (5) not later than 180 days after a public submission 
        described in paragraph (4) is submitted, the Commission shall 
        review the submission or decline to consider the instance of 
        discrimination.
    (c) Membership.--
            (1) Number.--The Commission shall be composed of 12 members 
        appointed as follows:
                    (A) Four members shall be appointed by the Speaker 
                of the House of Representatives.
                    (B) Two members shall be appointed by the minority 
                leader of the House of Representatives.
                    (C) Four members shall be appointed by the majority 
                leader of the Senate.
                    (D) Two members shall be appointed by the minority 
                leader of the Senate.
            (2) Appointment.--Members of the Commission shall be 
        appointed to the Commission not later than 60 days after the 
        date of enactment of this Act.
            (3) Member qualifications.--
                    (A) In general.--Members of the Commission 
                appointed shall be civil rights leaders, historians, 
                lawyers, or judges with expertise or academic 
                experience in--
                            (i) civil rights;
                            (ii) social justice;
                            (iii) civil law;
                            (iv) criminal law;
                            (v) constitutional law; or
                            (vi) history.
                    (B) Recommendations.--The Speaker of the House of 
                Representatives, minority leader of the House of 
                Representatives, majority leader of the Senate, and 
                minority leader of the Senate may solicit and receive 
                recommendations from civil rights groups and submit 
                such recommendations to the Commission for review.
            (4) Terms.--
                    (A) In general.--Each member appointed after the 
                initial appointments described in subparagraph (B) 
                shall be appointed for three years.
                    (B) Vacancies.--A vacancy in the Commission shall 
                be filled in the manner in which the original 
                appointment was made.
            (5) Basic pay.--The rate of pay for members of the 
        Commission shall be set by the Chairperson of the Commission.
            (6) Quorum.--9 members of the Commission shall constitute a 
        quorum and are required to conduct the duties of the 
        Commission.
            (7) Chairperson.--One member shall be elected to serve as 
        the chair of the Commission.
            (8) Meetings.--Not later than 90 days after the date of 
        enactment of this Act and quarterly thereafter, the Commission 
        shall hold a meeting. Additional meetings may be called by a 
        majority of the members.
    (d) Director; Staff of Commission.--
            (1) Director.--The Commission shall have a Director who 
        shall be appointed by a majority vote of the Commission.
            (2) Staff.--Subject to rules prescribed by the Commission, 
        the Commission shall appoint and fix the pay of at least 11 
        additional personnel as the Director considers appropriate.
            (3) Civil service protection.--The Director and staff shall 
        qualify for civil service protection.
    (e) Consultation.--The Commission may collaborate with historians, 
sociologists, researchers, graduate students, doctoral students, law 
students, community members, formerly incarcerated or exonerated 
individuals, or other individuals directly impacted by discrimination 
by any Federal agency to identify any appropriate instance to be 
reviewed by the Commission.
    (f) Research.--The Commission may investigate any instance brought 
to the attention of the Commission as described in subsection (e) and 
may issue a subpoena to any agency that a majority of the Commission 
determines is necessary.
    (g) Report to Congress.--Not later than 90 days after the date of 
enactment of this Act, and at least quarterly thereafter, the 
Commission shall submit to Congress and the appropriate congressional 
committees, a report including the following:
            (1) Information on any alternative to the pardon process, 
        including exoneration or other forgiveness.
            (2) Each instance reviewed during the quarter.
            (3) Recommendations on legislative or executive action with 
        respect to each instance reviewed by the Commission.
    (h) Exception for Termination of Commission.--Section 14(a)(2) of 
the Federal Advisory Committee Act (5 U.S.C. App.) does not apply to 
the Commission.
    (i) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The Committee on the Judiciary of the House of 
        Representatives.
            (2) The Committee on the Judiciary of the Senate.
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