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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1055 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1055

To acknowledge the fundamental injustice and the subsequent de jure and 
   de facto racial and economic discrimination against those African-
Americans impacted by the ``War on Drugs'' and the subsequent disparate 
   and discriminatory mass incarceration, to determine the role that 
   private corporations played in the prison industrial complex, to 
    determine the impact of these forces on their families, to make 
recommendations to the Congress on appropriate remedies, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2017

   Mr. Rush introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To acknowledge the fundamental injustice and the subsequent de jure and 
   de facto racial and economic discrimination against those African-
Americans impacted by the ``War on Drugs'' and the subsequent disparate 
   and discriminatory mass incarceration, to determine the role that 
   private corporations played in the prison industrial complex, to 
    determine the impact of these forces on their families, to make 
recommendations to the Congress on appropriate remedies, 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 ``Commission to Study Family 
Reconstruction Proposals for African-Americans Unjustly Impacted by the 
`War on Drugs' Act of 2017''.

SEC. 2. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established the Commission to Study 
Family Reconstruction Proposals for African-Americans Unjustly Impacted 
by the ``War on Drugs'' (hereinafter in this Act referred to as the 
``Commission'').
    (b) Duties.--The Commission shall perform the following duties:
            (1) Examine the disparate incarceration and the institution 
        of forced prison labor which has existed within the African-
        American community in the United States since the ratification 
        of Amendment XIII to the United States Constitution on December 
        6, 1865. The Commission's examination shall include an 
        examination of--
                    (A) the rates of arrest and imprisonment of 
                African-Americans compared to the broader American 
                public for drug crimes;
                    (B) the rates at which African-Americans were 
                imprisoned for comparable crimes to non-African-
                Americans;
                    (C) the rates at which African-Americans were 
                imprisoned due to mandatory minimums and how these 
                minimums differed from comparable charges; and
                    (D) the financial and sociological impact of these 
                conditions on African-American prisoners and their 
                families.
            (2) Examine the extent to which the Federal and State 
        governments of the United States have supported the mass 
        incarceration of African-Americans, the extent to which such 
        governments have profited, both through cost-savings and direct 
        revenue, and the extent to which said revenue was used to 
        reduce recidivism and encourage post-incarceration 
        reintegration.
            (3) Examine the extent to which private corporations have 
        supported the mass incarceration of African-Americans, the 
        extent to which such corporations have profited, both through 
        cost-savings and direct revenue, and the extent to which said 
        revenue was used to reduce recidivism and encourage post-
        incarceration reintegration.
            (4) Examine Federal and State laws that have discriminated 
        against African-American prisoners and their families.
            (5) Examine other forms of discrimination in the public and 
        private sectors against freed African-American prisoners and 
        their families.
            (6) Examine the lingering negative effects of the mass 
        incarceration of African-Americans.
            (7) Recommend appropriate ways to educate the American 
        public of the Commission's findings.
            (8) Recommend appropriate remedies in consideration of the 
        Commission's findings on the matters described in paragraphs 
        (1), (2), (3), and (4). In making such recommendations, the 
        Commission shall address among other issues, the following 
        questions:
                    (A) Whether the Government of the United States 
                should offer a formal apology on behalf of the people 
                of the United States to the African-American victims of 
                the ``War on Drugs'' and their descendants.
                    (B) Whether African-Americans and the broader 
                African-American community still suffer from the 
                lingering effects of the matters described in 
                paragraphs (1), (2), (3), and (4).
                    (C) Whether, in consideration of the Commission's 
                findings, any form of compensation to the victims of 
                the ``War on Drugs'' and their descendants is 
                warranted.
                    (D) If the Commission finds that such compensation 
                is warranted, what should be the amount of 
                compensation, what form of compensation should be 
                awarded, and who should be eligible for such 
                compensation.
    (c) Report to Congress.--The Commission shall submit a written 
report of its findings and recommendations to the Congress not later 
than the date which is one year after the date of the first meeting of 
the Commission held pursuant to section 4(c). Such report shall also be 
made available to the public via the Commission's website.

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--(1) The Commission shall be composed 
of 15 members, who shall be appointed within 90 days after the date of 
enactment of this Act, as follows:
            (A) Three members shall be appointed by the President.
            (B) Three members shall be appointed by the Speaker of the 
        House of Representatives.
            (C) Three members shall be appointed by the President pro 
        tempore of the Senate.
            (D) Three members shall be appointed by the Minority Leader 
        of the House of Representatives.
            (E) Three members shall be appointed by the Minority Leader 
        of the Senate.
    (2) All members of the Commission shall be persons who are 
especially qualified to serve on the Commission by virtue of their 
education, training, or experience, particularly in the field of 
African-American studies, Sociology, and/or Economics.
    (b) Terms.--The term of office for members shall be for the life of 
the Commission. A vacancy in the Commission shall not affect the powers 
of the Commission and shall be filled in the same manner in which the 
original appointment was made.
    (c) First Meeting.--The President shall call the first meeting of 
the Commission within 120 days after the date of the enactment of this 
Act or within 30 days after the date on which legislation is enacted 
making appropriations to carry out this Act, whichever date is later.
    (d) Quorum.--Eight members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (e) Chair and Vice Chair.--The Commission shall elect a Chair and 
Vice Chair from among its members. The term of office of each shall be 
for the life of the Commission.
    (f) Compensation.--(1) Except as provided in paragraph (2), each 
member of the Commission shall receive compensation at the daily 
equivalent of the annual rate of basic pay payable for GS-15 of the 
General Schedule under section 5332 of title 5, United States Code, for 
each day, including travel time, during which he or she is engaged in 
the actual performance of duties vested in the Commission.
    (2) A member of the Commission who is a full-time officer or 
employee of the United States or a Member of Congress shall receive no 
additional pay, allowances, or benefits by reason of his or her service 
to the Commission.
    (3) All members of the Commission shall be reimbursed for travel, 
subsistence, and other necessary expenses incurred by them in the 
performance of their duties to the extent authorized by chapter 57 of 
title 5, United States Code.

SEC. 4. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out the provisions of this Act, hold such hearings and sit and 
act at such times and at such places in the United States, and request 
the attendance and testimony of such witnesses and the production of 
such books, records, correspondence, memoranda, papers, and documents, 
as the Commission considers appropriate. The Commission may request the 
Attorney General to invoke the aid of an appropriate United States 
district court to require, by subpoena or otherwise, such attendance, 
testimony, or production.
    (b) Powers of Subcommittees and Members.--Any subcommittee or 
member of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may acquire directly 
from the head of any department, agency, or instrumentality of the 
Federal Government, available information which the Commission 
considers useful in the discharge of its duties. All departments, 
agencies, and instrumentalities of the Federal Government shall 
cooperate with the Commission with respect to such information and 
shall furnish all information requested by the Commission to the extent 
permitted by law.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Staff.--The Commission may, without regard to section 5311(b) 
of title 5, United States Code, appoint and fix the compensation of 
such personnel as the Commission considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed 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 the compensation of any 
employee of the Commission may not exceed a rate equal to the annual 
rate of basic pay payable for GS-15 of the General Schedule under 
section 5332 of title 5, United States Code.
    (c) Experts and Consultants.--The Commission may procure the 
services of experts and consultants in accordance with the provisions 
of section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the highest rate 
payable under section 5332 of such title.
    (d) Administrative Support Services.--The Commission may enter into 
agreements with the Administrator of General Services for procurement 
of financial and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services shall be made 
by reimbursement from funds of the Commission in such amounts as may be 
agreed upon by the Chairman of the Commission and the Administrator.
    (e) Contracts.--The Commission may--
            (1) procure supplies, services, and property by contract in 
        accordance with applicable laws and regulations and to the 
        extent or in such amounts as are provided in appropriations 
        Acts; and
            (2) enter into contracts with departments, agencies, and 
        instrumentalities of the Federal Government, State agencies, 
        and private firms, institutions, and agencies, for the conduct 
        of research or surveys, the preparation of reports, and other 
        activities necessary for the discharge of the duties of the 
        Commission, to the extent or in such amounts as are provided in 
        appropriations Acts.

SEC. 6. TERMINATION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report to the Congress under section 3(c). The 
Commission's report shall continue to be available via a publicly 
accessible website.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    To carry out the provisions of this Act, there are authorized to be 
appropriated $10,000,000.
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