I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Confronting and Cor5 recting Historical Injustices Act’’. 

6 SEC. 2. COMMISSION FOR REVIEW AND CORRECTION OF 

7 HISTORICAL INJUSTICES. 

8 (a) ESTABLISHMENT.—There is established a com9 mission to be known as the Commission for Review and 


khammond on DSKJM1Z7X2PROD with BILLS
2 

•HR 1196 IH

1 Correction of Historical Injustices (in this Act referred to 

2 as the ‘‘Commission’’). 

3 (b) DUTIES OF COMMISSION.—The Commission 

4 shall— 

5 (1) identify and review each instance of histor6 ical injustice; 

7 (2) identify and review any instance in which a 

8 Federal agency has unjustly discriminated against 

9 an individual or group protected by the Civil Rights 

10 Act of 1964 (42 U.S.C. 2000a et seq.), by the Reha11 bilitation Act (29 U.S.C. 705), and members of the 

12 uniformed services as defined by section 101 of title 

13 10, United States Code, that led to a discriminatory 

14 charge, conviction, or dismissal of that individual or 

15 group; 

16 (3) identify and review any instance where an 

17 individual or group has been discriminated against 

18 and has not received compensation for the discrimi19 natory act of the Federal agency; 

20 (4) not later than 90 days after the date of en21 actment of this Act, establish a mechanism for the 

22 public to submit and be heard on each instance of 

23 discrimination by a Federal agency for consideration 

24 by the Commission; and 


khammond on DSKJM1Z7X2PROD with BILLS
3 

•HR 1196 IH

1 (5) not later than 180 days after a public sub2 mission described in paragraph (4) is submitted, the 

3 Commission shall review the submission or decline to 

4 consider the instance of discrimination. 

5 (c) MEMBERSHIP.— 

6 (1) NUMBER.—The Commission shall be com7 posed of 12 members appointed as follows: 

8 (A) Four members shall be appointed by 

9 the Speaker of the House of Representatives. 

10 (B) Two members shall be appointed by 

11 the minority leader of the House of Representa12 tives. 

13 (C) Four members shall be appointed by 

14 the majority leader of the Senate. 

15 (D) Two members shall be appointed by 

16 the minority leader of the Senate. 

17 (2) APPOINTMENT.—Members of the Commis18 sion shall be appointed to the Commission not later 

19 than 60 days after the date of enactment of this 

20 Act. 

21 (3) MEMBER QUALIFICATIONS.— 

22 (A) IN GENERAL.—Members of the Com23 mission appointed shall be civil rights leaders, 

24 historians, lawyers, or judges with expertise or 

25 academic experience in— 


khammond on DSKJM1Z7X2PROD with BILLS
4 

•HR 1196 IH

1 (i) civil rights; 

2 (ii) social justice; 

3 (iii) civil law; 

4 (iv) criminal law; 

5 (v) constitutional law; or 

6 (vi) history. 

7 (B) RECOMMENDATIONS.—The Speaker of 

8 the House of Representatives, minority leader 

9 of the House of Representatives, majority lead10 er of the Senate, and minority leader of the 

11 Senate may solicit and receive recommendations 

12 from civil rights groups and submit such rec13 ommendations to the Commission for review. 

14 (4) TERMS.— 

15 (A) IN GENERAL.—Each member ap16 pointed after the initial appointments described 

17 in subparagraph (B) shall be appointed for 

18 three years. 

19 (B) VACANCIES.—A vacancy in the Com20 mission shall be filled in the manner in which 

21 the original appointment was made. 

22 (5) BASIC PAY.—The rate of pay for members 

23 of the Commission shall be set by the Chairperson 

24 of the Commission. 


khammond on DSKJM1Z7X2PROD with BILLS
5 

•HR 1196 IH

1 (6) QUORUM.—9 members of the Commission 

2 shall constitute a quorum and are required to con3 duct the duties of the Commission. 

4 (7) CHAIRPERSON.—One member shall be elect5 ed to serve as the chair of the Commission. 

6 (8) MEETINGS.—Not later than 90 days after 

7 the date of enactment of this Act and quarterly 

8 thereafter, the Commission shall hold a meeting. Ad9 ditional meetings may be called by a majority of the 

10 members. 

11 (d) DIRECTOR; STAFF OF COMMISSION.— 

12 (1) DIRECTOR.—The Commission shall have a 

13 Director who shall be appointed by a majority vote 

14 of the Commission. 

15 (2) STAFF.—Subject to rules prescribed by the 

16 Commission, the Commission shall appoint and fix 

17 the pay of at least 11 additional personnel as the 

18 Director considers appropriate. 

19 (3) CIVIL SERVICE PROTECTION.—The Director 

20 and staff shall qualify for civil service protection. 

21 (e) CONSULTATION.—The Commission may collabo22 rate with historians, sociologists, researchers, graduate 

23 students, doctoral students, law students, community 

24 members, formerly incarcerated or exonerated individuals, 

25 or other individuals directly impacted by discrimination by 


khammond on DSKJM1Z7X2PROD with BILLS
6 

•HR 1196 IH

1 any Federal agency to identify any appropriate instance 

2 to be reviewed by the Commission. 

3 (f) RESEARCH.—The Commission may investigate 

4 any instance brought to the attention of the Commission 

5 as described in subsection (e) and may issue a subpoena 

6 to any agency that a majority of the Commission deter7 mines is necessary. 

8 (g) REPORT TO CONGRESS.—Not later than 90 days 

9 after the date of enactment of this Act, and at least quar10 terly thereafter, the Commission shall submit to Congress 

11 and the appropriate congressional committees, a report in12 cluding the following: 

13 (1) Information on any alternative to the par14 don process, including exoneration or other forgive15 ness. 

16 (2) Each instance reviewed during the quarter. 

17 (3) Recommendations on legislative or executive 

18 action with respect to each instance reviewed by the 

19 Commission. 

20 (h) EXCEPTION FOR TERMINATION OF COMMIS21 SION.—Section 14(a)(2) of the Federal Advisory Com22 mittee Act (5 U.S.C. App.) does not apply to the Commis23 sion. 


khammond on DSKJM1Z7X2PROD with BILLS
7 

•HR 1196 IH

1 (i) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means the following: 

4 (1) The Committee on the Judiciary of the 

5 House of Representatives. 

6 (2) The Committee on the Judiciary of the Sen7 ate. 

Æ 


khammond on DSKJM1Z7X2PROD with BILLS