I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commission to Study 

3 Family Reconstruction Proposals for African-Americans 

4 Unjustly Impacted by the ‘War on Drugs’ Act of 2017’’. 

5 SEC. 2. ESTABLISHMENT AND DUTIES. 

6 (a) ESTABLISHMENT.—There is established the Com7 mission to Study Family Reconstruction Proposals for Af8 rican-Americans Unjustly Impacted by the ‘‘War on 

9 Drugs’’ (hereinafter in this Act referred to as the ‘‘Com10 mission’’). 

11 (b) DUTIES.—The Commission shall perform the fol12 lowing duties: 

13 (1) Examine the disparate incarceration and 

14 the institution of forced prison labor which has ex15 isted within the African-American community in the 

16 United States since the ratification of Amendment 

17 XIII to the United States Constitution on December 

18 6, 1865. The Commission’s examination shall in19 clude an examination of— 

20 (A) the rates of arrest and imprisonment 

21 of African-Americans compared to the broader 

22 American public for drug crimes; 

23 (B) the rates at which African-Americans 

24 were imprisoned for comparable crimes to non25 African-Americans; 

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1 (C) the rates at which African-Americans 

2 were imprisoned due to mandatory minimums 

3 and how these minimums differed from com4 parable charges; and 

5 (D) the financial and sociological impact of 

6 these conditions on African-American prisoners 

7 and their families. 

8 (2) Examine the extent to which the Federal 

9 and State governments of the United States have 

10 supported the mass incarceration of African-Ameri11 cans, the extent to which such governments have 

12 profited, both through cost-savings and direct rev13 enue, and the extent to which said revenue was used 

14 to reduce recidivism and encourage post-incarcer15 ation reintegration. 

16 (3) Examine the extent to which private cor17 porations have supported the mass incarceration of 

18 African-Americans, the extent to which such cor19 porations have profited, both through cost-savings 

20 and direct revenue, and the extent to which said rev21 enue was used to reduce recidivism and encourage 

22 post-incarceration reintegration. 

23 (4) Examine Federal and State laws that have 

24 discriminated against African-American prisoners 

25 and their families. 

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1 (5) Examine other forms of discrimination in 

2 the public and private sectors against freed African3 American prisoners and their families. 

4 (6) Examine the lingering negative effects of 

5 the mass incarceration of African-Americans. 

6 (7) Recommend appropriate ways to educate 

7 the American public of the Commission’s findings. 

8 (8) Recommend appropriate remedies in consid9 eration of the Commission’s findings on the matters 

10 described in paragraphs (1), (2), (3), and (4). In 

11 making such recommendations, the Commission 

12 shall address among other issues, the following ques13 tions: 

14 (A) Whether the Government of the United 

15 States should offer a formal apology on behalf 

16 of the people of the United States to the Afri17 can-American victims of the ‘‘War on Drugs’’ 

18 and their descendants. 

19 (B) Whether African-Americans and the 

20 broader African-American community still suf21 fer from the lingering effects of the matters de22 scribed in paragraphs (1), (2), (3), and (4). 

23 (C) Whether, in consideration of the Com24 mission’s findings, any form of compensation to 

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1 the victims of the ‘‘War on Drugs’’ and their 

2 descendants is warranted. 

3 (D) If the Commission finds that such 

4 compensation is warranted, what should be the 

5 amount of compensation, what form of com6 pensation should be awarded, and who should 

7 be eligible for such compensation. 

8 (c) REPORT TO CONGRESS.—The Commission shall 

9 submit a written report of its findings and recommenda10 tions to the Congress not later than the date which is one 

11 year after the date of the first meeting of the Commission 

12 held pursuant to section 4(c). Such report shall also be 

13 made available to the public via the Commission’s website. 

14 SEC. 3. MEMBERSHIP. 

15 (a) NUMBER AND APPOINTMENT.—(1) The Commis16 sion shall be composed of 15 members, who shall be ap17 pointed within 90 days after the date of enactment of this 

18 Act, as follows: 

19 (A) Three members shall be appointed by the 

20 President. 

21 (B) Three members shall be appointed by the 

22 Speaker of the House of Representatives. 

23 (C) Three members shall be appointed by the 

24 President pro tempore of the Senate. 

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1 (D) Three members shall be appointed by the 

2 Minority Leader of the House of Representatives. 

3 (E) Three members shall be appointed by the 

4 Minority Leader of the Senate. 

5 (2) All members of the Commission shall be persons 

6 who are especially qualified to serve on the Commission 

7 by virtue of their education, training, or experience, par8 ticularly in the field of African-American studies, Soci9 ology, and/or Economics. 

10 (b) TERMS.—The term of office for members shall 

11 be for the life of the Commission. A vacancy in the Com12 mission shall not affect the powers of the Commission and 

13 shall be filled in the same manner in which the original 

14 appointment was made. 

15 (c) FIRST MEETING.—The President shall call the 

16 first meeting of the Commission within 120 days after the 

17 date of the enactment of this Act or within 30 days after 

18 the date on which legislation is enacted making appropria19 tions to carry out this Act, whichever date is later. 

20 (d) QUORUM.—Eight members of the Commission 

21 shall constitute a quorum, but a lesser number may hold 

22 hearings. 

23 (e) CHAIR AND VICE CHAIR.—The Commission shall 

24 elect a Chair and Vice Chair from among its members. 

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1 The term of office of each shall be for the life of the Com2 mission. 

3 (f) COMPENSATION.—(1) Except as provided in para4 graph (2), each member of the Commission shall receive 

5 compensation at the daily equivalent of the annual rate 

6 of basic pay payable for GS–15 of the General Schedule 

7 under section 5332 of title 5, United States Code, for each 

8 day, including travel time, during which he or she is en9 gaged in the actual performance of duties vested in the 

10 Commission. 

11 (2) A member of the Commission who is a full-time 

12 officer or employee of the United States or a Member of 

13 Congress shall receive no additional pay, allowances, or 

14 benefits by reason of his or her service to the Commission. 

15 (3) All members of the Commission shall be reim16 bursed for travel, subsistence, and other necessary ex17 penses incurred by them in the performance of their duties 

18 to the extent authorized by chapter 57 of title 5, United 

19 States Code. 

20 SEC. 4. POWERS OF THE COMMISSION. 

21 (a) HEARINGS AND SESSIONS.—The Commission 

22 may, for the purpose of carrying out the provisions of this 

23 Act, hold such hearings and sit and act at such times and 

24 at such places in the United States, and request the at25 tendance and testimony of such witnesses and the producmstockstill on DSK3G9T082PROD with BILLS

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1 tion of such books, records, correspondence, memoranda, 

2 papers, and documents, as the Commission considers ap3 propriate. The Commission may request the Attorney Gen4 eral to invoke the aid of an appropriate United States dis5 trict court to require, by subpoena or otherwise, such at6 tendance, testimony, or production. 

7 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

8 Any subcommittee or member of the Commission may, if 

9 authorized by the Commission, take any action which the 

10 Commission is authorized to take by this section. 

11 (c) OBTAINING OFFICIAL DATA.—The Commission 

12 may acquire directly from the head of any department, 

13 agency, or instrumentality of the Federal Government, 

14 available information which the Commission considers use15 ful in the discharge of its duties. All departments, agen16 cies, and instrumentalities of the Federal Government 

17 shall cooperate with the Commission with respect to such 

18 information and shall furnish all information requested by 

19 the Commission to the extent permitted by law. 

20 SEC. 5. ADMINISTRATIVE PROVISIONS. 

21 (a) STAFF.—The Commission may, without regard to 

22 section 5311(b) of title 5, United States Code, appoint and 

23 fix the compensation of such personnel as the Commission 

24 considers appropriate. 

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1 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The staff of the Commission may be appointed 

3 without regard to the provisions of title 5, United States 

4 Code, governing appointments in the competitive service, 

5 and without regard to the provisions of chapter 51 and 

6 subchapter III of chapter 53 of such title relating to classi7 fication and General Schedule pay rates, except that the 

8 compensation of any employee of the Commission may not 

9 exceed a rate equal to the annual rate of basic pay payable 

10 for GS–15 of the General Schedule under section 5332 

11 of title 5, United States Code. 

12 (c) EXPERTS AND CONSULTANTS.—The Commission 

13 may procure the services of experts and consultants in ac14 cordance with the provisions of section 3109(b) of title 5, 

15 United States Code, but at rates for individuals not to 

16 exceed the daily equivalent of the highest rate payable 

17 under section 5332 of such title. 

18 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

19 Commission may enter into agreements with the Adminis20 trator of General Services for procurement of financial 

21 and administrative services necessary for the discharge of 

22 the duties of the Commission. Payment for such services 

23 shall be made by reimbursement from funds of the Com24 mission in such amounts as may be agreed upon by the 

25 Chairman of the Commission and the Administrator. 

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1 (e) CONTRACTS.—The Commission may— 

2 (1) procure supplies, services, and property by 

3 contract in accordance with applicable laws and reg4 ulations and to the extent or in such amounts as are 

5 provided in appropriations Acts; and 

6 (2) enter into contracts with departments, 

7 agencies, and instrumentalities of the Federal Gov8 ernment, State agencies, and private firms, institu9 tions, and agencies, for the conduct of research or 

10 surveys, the preparation of reports, and other activi11 ties necessary for the discharge of the duties of the 

12 Commission, to the extent or in such amounts as are 

13 provided in appropriations Acts. 

14 SEC. 6. TERMINATION. 

15 The Commission shall terminate 90 days after the 

16 date on which the Commission submits its report to the 

17 Congress under section 3(c). The Commission’s report 

18 shall continue to be available via a publicly accessible 

19 website. 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 To carry out the provisions of this Act, there are au22 thorized to be appropriated $10,000,000. 

Æ 

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