I 

117TH CONGRESS 

1ST SESSION H. R. 6234 

To improve the governmental process for recommending applications for 

clemency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2021 

Ms. PRESSLEY (for herself, Ms. BUSH, Mr. JEFFRIES, Mr. COHEN, Ms. SCHAKOWSKY, Ms. TLAIB, Mr. CARSON, Ms. NORTON, Ms. OCASIO-CORTEZ, 

Mrs. WATSON COLEMAN, Ms. BASS, Ms. OMAR, Mr. GARCI ́A of Illinois, 

Mr. CARTER of Louisiana, Mr. JONES, Mr. CLEAVER, Mr. BOWMAN, Mr. 

JOHNSON of Georgia, and Mr. EVANS) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To improve the governmental process for recommending 

applications for clemency, 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 ‘‘Fair and Independent 

5 Experts in Clemency Act’’ or the ‘‘FIX Clemency Act’’. 


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1 SEC. 2. ESTABLISHMENT OF U.S. CLEMENCY BOARD. 

2 (a) IN GENERAL.—There is established an inde3 pendent board to be known as the ‘‘U.S. Clemency Board’’ 

4 (in this Act referred to as the ‘‘Board’’). 

5 (b) DUTIES.— 

6 (1) IN GENERAL.—The duties of the Board 

7 shall be to— 

8 (A) recommend individuals for clemency 

9 directly to the President; 

10 (B) make available applications for clem11 ency in English and Spanish; 

12 (C) review applications for any person con13 victed of a Federal offense or experiencing Fed14 eral collateral consequences requesting a par15 don, commutation, remission of a fine or for16 feiture or restoration of civil and political 

17 rights, not later than 18 months after submis18 sion of such application; 

19 (D) maintain public statistics and records 

20 of all acts of clemency granted by each Presi21 dent; 

22 (E) compile research reports on relevant 

23 subjects; 

24 (F) transmit an annual report to Congress 

25 outlining the Board’s activities, feedback from 

26 applicants, and recommendations disaggregated 


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1 by relevant characteristics, including age, gen2 der identity, race and ethnicity, sexual orienta3 tion, disability, type of offense, years served, 

4 and geographical location of the individual ap5 plying for clemency; and 

6 (G) establish a process for applicants 

7 whose applications are not recommended to the 

8 President to petition for reconsideration by the 

9 full Board after rejection by a panel. 

10 (2) PRIORITY.—In carrying out the duties 

11 under paragraph (1), the Board shall seek guidance 

12 from the President on any priority factors for re13 viewing applications. Any selected priority factors 

14 shall be included in the annual report under section 

15 7. 

16 (c) POWER TO COMPEL.—The Board may request 

17 any Federal agency or Federal judicial officer to disclose 

18 information, data, and reports related to any application 

19 being considered for clemency. The Federal agency or 

20 Federal judicial officer shall fully disclose all relevant in21 formation, data, and reports, including presentence re22 ports, subject to any restrictions in accordance with the 

23 law. 

24 (d) ADMISSION OF GUILT.—The Board shall not re25 quire any applicant to admit guilt as a condition of recVerDate Sep 11 2014 04:17 Dec 18, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234

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1 ommendation for pardon, commutation, remission of a 

2 fine or forfeiture or restoration of civil and political rights. 

3 Any admission of guilt in an application may not be used 

4 against an applicant in any way nor is such admission ad5 missible in a court of law. 

6 (e) DEFINITIONS.—In this section: 

7 (1) CLEMENCY.—The term ‘‘clemency’’ includes 

8 a full pardon, partial or full commutation of sen9 tence, or remission of a fine or forfeiture or restora10 tion of civil and political rights. 

11 (2) FEDERAL OFFENSE.—The term ‘‘Federal 

12 offense’’ includes any offense under Federal statute 

13 or the Uniform Code of Military Justice. 

14 SEC. 3. MEMBERSHIP. 

15 (a) BOARD COMPOSITION.—The Board shall be com16 posed of 9 members possessing significant experience with 

17 the criminal legal system, clemency, behavioral health, or 

18 reentry services appointed by the President, including— 

19 (1) an individual who was formerly incarcer20 ated; 

21 (2) an individual who has been directly im22 pacted by crime; 

23 (3) an individual who has previously served or 

24 currently serves in a Federal defender organization; 

25 and 


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1 (4) an individual who shall serve as representa2 tive of the Department of Justice. 

3 (b) INDEPENDENT MEMBERS.—To be a member ap4 pointed pursuant to subsection (a), except subsection 

5 (a)(4), the member shall have or have had no affiliation 

6 with the Department of Justice in the 16 years prior to 

7 such appointment. 

8 (c) TERMS.— 

9 (1) IN GENERAL.—Members of the Board may 

10 serve throughout the presidency of the President 

11 who appointed them. 

12 (2) VACANCY.—Any vacancy of the Board shall 

13 not affect the powers and duties of the Board. The 

14 President shall have the authority to fill a vacancy 

15 on the Board. 

16 (3) REAPPOINTMENT.—A member of the Board 

17 shall be eligible for reappointment to the Board. 

18 (d) CHAIRPERSON.—The Chairperson of the Board 

19 shall be designated by the President after all members are 

20 appointed to the Board. 

21 (e) PANELS.—The Board may convene panels of 3 

22 Board members to review applications and recommend in23 dividuals for clemency if 2 of the Board members on the 

24 panel are in favor of such recommendation. 


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1 (f) MAJORITY.—The Board shall require a majority 

2 of members present and voting to approve actions of the 

3 Board. 

4 (g) PROHIBITION OF COMPENSATION OF FEDERAL

5 EMPLOYEES.—Members of the Board who are full-time 

6 officers and employees of the United States may not re7 ceive additional pay, allowances, or benefits by reason of 

8 their service on the Board. 

9 (h) COMPENSATION OF NON-FEDERAL EMPLOY10 EES.—Members of the Board who are not full-time offi11 cers and employees of the United States shall each be paid 

12 at a rate equal to the rate of basic pay for level IV of 

13 the Executive Schedule by the Executive Office of the 

14 President. 

15 (i) TRAVEL EXPENSES.—Each member of the Board 

16 shall receive travel expenses, including per diem in lieu 

17 of subsistence, in accordance with applicable provisions 

18 under subchapter I of chapter 57 of title 5, United States 

19 Code. 

20 (j) MEETINGS.—The Board shall meet at the call of 

21 the Chairperson not less than once a quarter each year 

22 to conduct business. 


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1 SEC. 4. ABOLITION OF OFFICE OF THE PARDON ATTORNEY; 

2 TRANSFER OF FUNCTIONS AND PERSONNEL 

3 OF THE OFFICE OF THE PARDON ATTORNEY 

4 TO THE BOARD. 

5 (a) ABOLITION.—The Office of the Pardon Attorney 

6 of the Department of Justice shall be abolished not later 

7 than 120 days after the date of enactment of this Act. 

8 (b) TRANSFER OF FUNCTIONS.—The functions of the 

9 Office of the Pardon Attorney shall be transferred to and 

10 carried out by the Board. The functions authorized to be 

11 performed by the office described in subsection (a) as of 

12 the day before the date of enactment of this Act, and the 

13 assets and personnel associated with such functions, are 

14 transferred to the Board. 

15 (c) GRADE RETENTION.—In the case of an employee 

16 transferred to the Board under subsection (b), whether a 

17 full-time or part-time employee— 

18 (1) subsections (b) and (c) of section 5362 of 

19 title 5, United States Code, relating to grade reten20 tion, shall apply to the employee, except that— 

21 (A) the grade retention period shall be the 

22 one-year period beginning on the date of the 

23 transfer; and 

24 (B) paragraphs (1), (2), and (3) of such 

25 subsection (c) shall not apply to the employee; 

26 and 


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1 (2) the employee may not be separated, other 

2 than pursuant to chapter 75 of title 5, United States 

3 Code, during such one-year period. 

4 (d) ADMINISTRATIVE HEAD.—The Board established 

5 under section 2 shall appoint, in consultation with the At6 torney General, a Pardon Attorney to act as the adminis7 trative head of the Board. Such Pardon Attorney shall re8 port to the Board and be paid by the Executive Office 

9 of the President. 

10 (e) REFERENCES.—Any reference in any other Fed11 eral law, Executive order, rule, regulation, delegation of 

12 authority, or any document— 

13 (1) to the head of the Office of the Pardon At14 torney is deemed to be the Pardon Attorney ap15 pointed by the Board established under section 2, in 

16 consultation with the Attorney General, to act as the 

17 administrative head of the Board; or 

18 (2) to the Office of the Pardon Attorney is 

19 deemed to refer to the Board. 

20 (f) EXERCISE OF AUTHORITIES.—Except as other21 wise provided by law, the Board may, for the purposes 

22 of performing the functions of the Office of the Pardon 

23 Attorney, exercise all authorities under any provision of 

24 law that were available with respect to the performance 


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1 of the function immediately before the effective date of 

2 the transfer of the function under this section. 

3 (g) SAVINGS PROVISIONS.— 

4 (1) LEGAL DOCUMENTS.—All orders, deter5 minations, rules, regulations, permits, grants, loans, 

6 contracts, agreements, certificates, licenses, and 

7 privileges— 

8 (A) that have been issued, made, granted, 

9 or allowed to become effective by the President 

10 or any other Government official, or by a court 

11 of competent jurisdiction, in the performance of 

12 any function that is transferred by this Act; 

13 and 

14 (B) that are in effect on the effective date 

15 of such transfer (or become effective after such 

16 date pursuant to their terms as in effect on 

17 such effective date), 

18 shall continue in effect according to their terms until 

19 modified, terminated, superseded, set aside, or re20 voked in accordance with law by the President, any 

21 other authorized Government official, a court of 

22 competent jurisdiction, or operation of law. 

23 (2) PROCEEDINGS.—This Act shall not affect 

24 any proceedings or any application for any benefits, 

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1 sistance pending on the date of enactment of this 

2 Act before an office abolished by this Act, but such 

3 proceedings and applications shall be continued. Or4 ders shall be issued in such proceedings, appeals 

5 shall be taken therefrom, and payments shall be 

6 made pursuant to such orders, as if this Act had not 

7 been enacted, and orders issued in any such pro8 ceeding shall continue in effect until modified, termi9 nated, superseded, or revoked by a duly authorized 

10 official, by a court of competent jurisdiction, or by 

11 operation of law. Nothing in this subsection shall be 

12 considered to prohibit the discontinuance or modi13 fication of any such proceeding under the same 

14 terms and conditions and to the same extent that 

15 such proceeding could have been discontinued or 

16 modified if this Act had not been enacted. 

17 (3) SUITS.—This Act shall not affect suits com18 menced before the date of enactment of this Act, 

19 and in all such suits, proceeding shall be had, ap20 peals taken, and judgments rendered in the same 

21 manner and with the same effect as if this Act had 

22 not been enacted. 

23 (4) NONABATEMENT OF ACTIONS.—No suit, ac24 tion, or other proceeding commenced by or against 

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1 dividual in the official capacity of such individual as 

2 an officer or employee of an office transferred by 

3 this Act, shall abate by reason of the enactment of 

4 this Act. 

5 (5) CONSTANCE OF SUITS.—If any Government 

6 officer in the official capacity of such officer is party 

7 to a suit with respect to a function of the officer, 

8 and under this Act such function is transferred to 

9 any other officer or office, then such suit shall be 

10 continued with the other officer or the head of such 

11 other office, as applicable, substituted or added as a 

12 party. 

13 (6) ADMINISTRATIVE PROCEDURE AND JUDI14 CIAL REVIEW.—Except as otherwise provided by this 

15 Act, any statutory requirements relating to notice, 

16 hearings, action upon the record, or administrative 

17 or judicial review that apply to any function trans18 ferred by this Act shall apply to the exercise of such 

19 function by the head of the Federal agency, and 

20 other officers of the agency, to which such function 

21 is transferred by this Act. 

22 (h) TRANSFER OF ASSETS.—Except as otherwise 

23 provided in this Act, so much of the personnel, property, 

24 records, and unexpended balances of appropriations, allo25 cations, and other funds employed, used, held, available, 


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1 or to be made available in connection with a function 

2 transferred to an official or agency by this Act shall be 

3 available to the official or the head of that agency, respec4 tively, at such time or times as the Director of the Office 

5 of Management and Budget directs for use in connection 

6 with the functions transferred. 

7 (i) DELEGATION AND ASSIGNMENT.—Except as oth8 erwise expressly prohibited by law or otherwise provided 

9 in this Act, an official to whom functions are transferred 

10 under this Act (including the head of any office to which 

11 functions are transferred under this Act) may delegate 

12 any of the functions so transferred to such officers and 

13 employees of the office of the official as the official may 

14 designate, and may authorize successive redelegations of 

15 such functions as may be necessary or appropriate. No 

16 delegation of functions under this section or under any 

17 other provision of this Act shall relieve the official to whom 

18 a function is transferred under this Act of responsibility 

19 for the administration of the function. 

20 (j) AUTHORITY OF THE DIRECTOR OF THE OFFICE

21 OF MANAGEMENT AND BUDGET WITH RESPECT TO

22 FUNCTIONS TRANSFERRED.— 

23 (1) DETERMINATIONS.—If necessary, the Di24 rector shall make any determination of the functions 

25 that are transferred under this Act. 


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1 (2) INCIDENTAL TRANSFERS.—The Director, at 

2 such time or times as the Director shall provide, 

3 may make such determinations as may be necessary 

4 with regard to the functions transferred by this Act, 

5 and to make such additional incidental dispositions 

6 of personnel, assets, liabilities, grants, contracts, 

7 property, records, and unexpended balances of ap8 propriations, authorizations, allocations, and other 

9 funds held, used, arising from, available to, or to be 

10 made available in connection with such functions, as 

11 may be necessary to carry out the provisions of this 

12 Act. The Director shall provide for the termination 

13 of the affairs of all entities terminated by this Act 

14 and for such further measures and dispositions as 

15 may be necessary to effectuate the purposes of this 

16 Act. 

17 (k) CERTAIN VESTING OF FUNCTIONS CONSIDERED

18 TRANSFERS.—For purposes of this Act, the vesting of a 

19 function in a department or office pursuant to reestablish20 ment of an office shall be considered to be transfer of the 

21 function. 

22 (l) AVAILABILITY OF EXISTING FUNDS.—Existing 

23 appropriations and funds available for the performance of 

24 functions, programs, and activities terminated pursuant to 

25 this Act shall remain available, for the duration of their 


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1 period of availability, for necessary expenses in connection 

2 with the termination and resolution of such functions, pro3 grams, and activities. 

4 (m) DEFINITIONS.—In this section: 

5 (1) FUNCTION.—The term ‘‘function’’ includes 

6 any duty, obligation, power, authority, responsibility, 

7 right, privilege, activity, or program. 

8 (2) OFFICE.—The term ‘‘office’’ includes any 

9 office, administration, agency, bureau, institute, 

10 council, unit, organizational entity, or component 

11 thereof. 

12 SEC. 5. FEDERAL ADVISORY COMMITTEE. 

13 The Federal Advisory Committee Act (5 U.S.C. App.) 

14 shall not apply to the Board established pursuant to this 

15 Act. 

16 SEC. 6. ADEQUATE REPRESENTATION OF DEFENDANTS. 

17 Section 3006A(a)(2)(B)) of title 18, United States 

18 Code is amended by striking ‘‘seeking relief under’’ and 

19 inserting ‘‘seeking relief from their conviction or sentence, 

20 including pursuant to’’. 

21 SEC. 7. REPORT. 

22 Not later than 90 days after the date on which the 

23 Board is established, the Chairperson of the Board shall 

24 submit to Congress a report on the established procedures 

25 for review of clemency applications and administrative 


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1 plans related to research and any other actions the Board 

2 will be taking. This report shall include a plan for address3 ing pending applications, which may include augmentation 

4 of staff through temporary hire or assignment to the 

5 Board. 

6 SEC. 8. REPORT ON U.S. ATTORNEY CHARGING AND PLEA 

7 PRACTICES. 

8 Not later than two years after the date of enactment 

9 of this Act, the Director of the National Institute of Jus10 tice shall complete a review and publish a report on the 

11 charging and plea bargaining practices of U.S. Attorneys’ 

12 Offices, including racial and gender disparities. The Direc13 tor may consult with the Department of Justice Office of 

14 the Inspector General to secure any information necessary 

15 to complete this report. 

16 SEC. 9. REPORT ON PSYCHOLOGICAL IMPACT OF INCAR17 CERATION. 

18 Not later than one year after the date of enactment 

19 of this Act, the Director of the National Institute of Jus20 tice shall publish a report summarizing the current body 

21 of research on the psychological impact of people who are 

22 incarcerated. This report shall be completed in coordina23 tion with at least 2 individuals who have published peer24 reviewed scholarship or have expertise on this topic. 


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1 SEC. 10. SEVERABILITY. 

2 If any application of this Act or any provision of this 

3 Act to any person or circumstance is held invalid, the re4 mainder of this Act and the application of this Act to other 

5 persons and circumstances shall not be affected by the in6 validity. 

Æ 


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