Title: FIX Clemency Act
Policy area: Crime and Law Enforcement

Summary:
Fair and Independent Experts in Clemency Act or the FIX Clemency Act
This bill establishes the independent U.S. Clemency Board, which shall review applications and recommend individuals for clemency directly to the President. It also abolishes the Office of the Pardon Attorney of the Department of Justice and transfers its functions, assets, and personnel to the board.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6234 Introduced in House (IH)]

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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. Garcia 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.

    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 ``Fair and Independent Experts in 
Clemency Act'' or the ``FIX Clemency Act''.

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

    (a) In General.--There is established an independent board to be 
known as the ``U.S. Clemency Board'' (in this Act referred to as the 
``Board'').
    (b) Duties.--
            (1) In general.--The duties of the Board shall be to--
                    (A) recommend individuals for clemency directly to 
                the President;
                    (B) make available applications for clemency in 
                English and Spanish;
                    (C) review applications for any person convicted of 
                a Federal offense or experiencing Federal collateral 
                consequences requesting a pardon, commutation, 
                remission of a fine or forfeiture or restoration of 
                civil and political rights, not later than 18 months 
                after submission of such application;
                    (D) maintain public statistics and records of all 
                acts of clemency granted by each President;
                    (E) compile research reports on relevant subjects;
                    (F) transmit an annual report to Congress outlining 
                the Board's activities, feedback from applicants, and 
                recommendations disaggregated by relevant 
                characteristics, including age, gender identity, race 
                and ethnicity, sexual orientation, disability, type of 
                offense, years served, and geographical location of the 
                individual applying for clemency; and
                    (G) establish a process for applicants whose 
                applications are not recommended to the President to 
                petition for reconsideration by the full Board after 
                rejection by a panel.
            (2) Priority.--In carrying out the duties under paragraph 
        (1), the Board shall seek guidance from the President on any 
        priority factors for reviewing applications. Any selected 
        priority factors shall be included in the annual report under 
        section 7.
    (c) Power To Compel.--The Board may request any Federal agency or 
Federal judicial officer to disclose information, data, and reports 
related to any application being considered for clemency. The Federal 
agency or Federal judicial officer shall fully disclose all relevant 
information, data, and reports, including presentence reports, subject 
to any restrictions in accordance with the law.
    (d) Admission of Guilt.--The Board shall not require any applicant 
to admit guilt as a condition of recommendation for pardon, 
commutation, remission of a fine or forfeiture or restoration of civil 
and political rights. Any admission of guilt in an application may not 
be used against an applicant in any way nor is such admission 
admissible in a court of law.
    (e) Definitions.--In this section:
            (1) Clemency.--The term ``clemency'' includes a full 
        pardon, partial or full commutation of sentence, or remission 
        of a fine or forfeiture or restoration of civil and political 
        rights.
            (2) Federal offense.--The term ``Federal offense'' includes 
        any offense under Federal statute or the Uniform Code of 
        Military Justice.

SEC. 3. MEMBERSHIP.

    (a) Board Composition.--The Board shall be composed of 9 members 
possessing significant experience with the criminal legal system, 
clemency, behavioral health, or reentry services appointed by the 
President, including--
            (1) an individual who was formerly incarcerated;
            (2) an individual who has been directly impacted by crime;
            (3) an individual who has previously served or currently 
        serves in a Federal defender organization; and
            (4) an individual who shall serve as representative of the 
        Department of Justice.
    (b) Independent Members.--To be a member appointed pursuant to 
subsection (a), except subsection (a)(4), the member shall have or have 
had no affiliation with the Department of Justice in the 16 years prior 
to such appointment.
    (c) Terms.--
            (1) In general.--Members of the Board may serve throughout 
        the presidency of the President who appointed them.
            (2) Vacancy.--Any vacancy of the Board shall not affect the 
        powers and duties of the Board. The President shall have the 
        authority to fill a vacancy on the Board.
            (3) Reappointment.--A member of the Board shall be eligible 
        for reappointment to the Board.
    (d) Chairperson.--The Chairperson of the Board shall be designated 
by the President after all members are appointed to the Board.
    (e) Panels.--The Board may convene panels of 3 Board members to 
review applications and recommend individuals for clemency if 2 of the 
Board members on the panel are in favor of such recommendation.
    (f) Majority.--The Board shall require a majority of members 
present and voting to approve actions of the Board.
    (g) Prohibition of Compensation of Federal Employees.--Members of 
the Board who are full-time officers and employees of the United States 
may not receive additional pay, allowances, or benefits by reason of 
their service on the Board.
    (h) Compensation of Non-Federal Employees.--Members of the Board 
who are not full-time officers and employees of the United States shall 
each be paid at a rate equal to the rate of basic pay for level IV of 
the Executive Schedule by the Executive Office of the President.
    (i) Travel Expenses.--Each member of the Board shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (j) Meetings.--The Board shall meet at the call of the Chairperson 
not less than once a quarter each year to conduct business.

SEC. 4. ABOLITION OF OFFICE OF THE PARDON ATTORNEY; TRANSFER OF 
              FUNCTIONS AND PERSONNEL OF THE OFFICE OF THE PARDON 
              ATTORNEY TO THE BOARD.

    (a) Abolition.--The Office of the Pardon Attorney of the Department 
of Justice shall be abolished not later than 120 days after the date of 
enactment of this Act.
    (b) Transfer of Functions.--The functions of the Office of the 
Pardon Attorney shall be transferred to and carried out by the Board. 
The functions authorized to be performed by the office described in 
subsection (a) as of the day before the date of enactment of this Act, 
and the assets and personnel associated with such functions, are 
transferred to the Board.
    (c) Grade Retention.--In the case of an employee transferred to the 
Board under subsection (b), whether a full-time or part-time employee--
            (1) subsections (b) and (c) of section 5362 of title 5, 
        United States Code, relating to grade retention, shall apply to 
        the employee, except that--
                    (A) the grade retention period shall be the one-
                year period beginning on the date of the transfer; and
                    (B) paragraphs (1), (2), and (3) of such subsection 
                (c) shall not apply to the employee; and
            (2) the employee may not be separated, other than pursuant 
        to chapter 75 of title 5, United States Code, during such one-
        year period.
    (d) Administrative Head.--The Board established under section 2 
shall appoint, in consultation with the Attorney General, a Pardon 
Attorney to act as the administrative head of the Board. Such Pardon 
Attorney shall report to the Board and be paid by the Executive Office 
of the President.
    (e) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, delegation of authority, or any document--
            (1) to the head of the Office of the Pardon Attorney is 
        deemed to be the Pardon Attorney appointed by the Board 
        established under section 2, in consultation with the Attorney 
        General, to act as the administrative head of the Board; or
            (2) to the Office of the Pardon Attorney is deemed to refer 
        to the Board.
    (f) Exercise of Authorities.--Except as otherwise provided by law, 
the Board may, for the purposes of performing the functions of the 
Office of the Pardon Attorney, exercise all authorities under any 
provision of law that were available with respect to the performance of 
the function immediately before the effective date of the transfer of 
the function under this section.
    (g) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President or any 
                other Government official, or by a court of competent 
                jurisdiction, in the performance of any function that 
                is transferred by this Act; and
                    (B) that are in effect on the effective date of 
                such transfer (or become effective after such date 
                pursuant to their terms as in effect on such effective 
                date),
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, any other authorized 
        Government official, a court of competent jurisdiction, or 
        operation of law.
            (2) Proceedings.--This Act shall not affect any proceedings 
        or any application for any benefits, service, license, permit, 
        certificate, or financial assistance pending on the date of 
        enactment of this Act before an office abolished by this Act, 
        but such proceedings and applications shall be continued. 
        Orders shall be issued in such proceedings, appeals shall be 
        taken therefrom, and payments shall be made pursuant to such 
        orders, as if this Act had not been enacted, and orders issued 
        in any such proceeding shall continue in effect until modified, 
        terminated, superseded, or revoked by a duly authorized 
        official, by a court of competent jurisdiction, or by operation 
        of law. Nothing in this subsection shall be considered to 
        prohibit the discontinuance or modification of any such 
        proceeding under the same terms and conditions and to the same 
        extent that such proceeding could have been discontinued or 
        modified if this Act had not been enacted.
            (3) Suits.--This Act shall not affect suits commenced 
        before the date of enactment of this Act, and in all such 
        suits, proceeding shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        Act had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of Justice, 
        or by or against any individual in the official capacity of 
        such individual as an officer or employee of an office 
        transferred by this Act, shall abate by reason of the enactment 
        of this Act.
            (5) Constance of suits.--If any Government officer in the 
        official capacity of such officer is party to a suit with 
        respect to a function of the officer, and under this Act such 
        function is transferred to any other officer or office, then 
        such suit shall be continued with the other officer or the head 
        of such other office, as applicable, substituted or added as a 
        party.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this Act, any statutory requirements 
        relating to notice, hearings, action upon the record, or 
        administrative or judicial review that apply to any function 
        transferred by this Act shall apply to the exercise of such 
        function by the head of the Federal agency, and other officers 
        of the agency, to which such function is transferred by this 
        Act.
    (h) Transfer of Assets.--Except as otherwise provided in this Act, 
so much of the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function 
transferred to an official or agency by this Act shall be available to 
the official or the head of that agency, respectively, at such time or 
times as the Director of the Office of Management and Budget directs 
for use in connection with the functions transferred.
    (i) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, an official to 
whom functions are transferred under this Act (including the head of 
any office to which functions are transferred under this Act) may 
delegate any of the functions so transferred to such officers and 
employees of the office of the official as the official may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions under this section 
or under any other provision of this Act shall relieve the official to 
whom a function is transferred under this Act of responsibility for the 
administration of the function.
    (j) Authority of the Director of the Office of Management and 
Budget With Respect to Functions Transferred.--
            (1) Determinations.--If necessary, the Director shall make 
        any determination of the functions that are transferred under 
        this Act.
            (2) Incidental transfers.--The Director, at such time or 
        times as the Director shall provide, may make such 
        determinations as may be necessary with regard to the functions 
        transferred by this Act, and to make such additional incidental 
        dispositions of personnel, assets, liabilities, grants, 
        contracts, property, records, and unexpended balances of 
        appropriations, authorizations, allocations, and other funds 
        held, used, arising from, available to, or to be made available 
        in connection with such functions, as may be necessary to carry 
        out the provisions of this Act. The Director shall provide for 
        the termination of the affairs of all entities terminated by 
        this Act and for such further measures and dispositions as may 
        be necessary to effectuate the purposes of this Act.
    (k) Certain Vesting of Functions Considered Transfers.--For 
purposes of this Act, the vesting of a function in a department or 
office pursuant to reestablishment of an office shall be considered to 
be transfer of the function.
    (l) Availability of Existing Funds.--Existing appropriations and 
funds available for the performance of functions, programs, and 
activities terminated pursuant to this Act shall remain available, for 
the duration of their period of availability, for necessary expenses in 
connection with the termination and resolution of such functions, 
programs, and activities.
    (m) Definitions.--In this section:
            (1) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (2) Office.--The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

SEC. 5. FEDERAL ADVISORY COMMITTEE.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Board established pursuant to this Act.

SEC. 6. ADEQUATE REPRESENTATION OF DEFENDANTS.

    Section 3006A(a)(2)(B)) of title 18, United States Code is amended 
by striking ``seeking relief under'' and inserting ``seeking relief 
from their conviction or sentence, including pursuant to''.

SEC. 7. REPORT.

    Not later than 90 days after the date on which the Board is 
established, the Chairperson of the Board shall submit to Congress a 
report on the established procedures for review of clemency 
applications and administrative plans related to research and any other 
actions the Board will be taking. This report shall include a plan for 
addressing pending applications, which may include augmentation of 
staff through temporary hire or assignment to the Board.

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

    Not later than two years after the date of enactment of this Act, 
the Director of the National Institute of Justice shall complete a 
review and publish a report on the charging and plea bargaining 
practices of U.S. Attorneys' Offices, including racial and gender 
disparities. The Director may consult with the Department of Justice 
Office of the Inspector General to secure any information necessary to 
complete this report.

SEC. 9. REPORT ON PSYCHOLOGICAL IMPACT OF INCARCERATION.

    Not later than one year after the date of enactment of this Act, 
the Director of the National Institute of Justice shall publish a 
report summarizing the current body of research on the psychological 
impact of people who are incarcerated. This report shall be completed 
in coordination with at least 2 individuals who have published peer-
reviewed scholarship or have expertise on this topic.

SEC. 10. SEVERABILITY.

    If any application of this Act or any provision of this Act to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of this Act to other persons and circumstances shall 
not be affected by the invalidity.
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