I 117th CONGRESS 1st Session H. R. 1196 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. Short title This Act may be cited as the Confronting and Correcting Historical Injustices Act . 2. Commission for Review and Correction of Historical Injustices (a) Establishment There is established a commission to be known as the Commission for Review and Correction of Historical Injustices (in this Act referred to as the Commission ). (b) Duties of Commission The Commission shall— (1) identify and review each instance of historical injustice; (2) identify and review any instance in which a Federal agency has unjustly discriminated against an individual or group protected by the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq.), by the Rehabilitation Act ( 29 U.S.C. 705 ), and members of the uniformed services as defined by section 101 of title 10, United States Code, that led to a discriminatory charge, conviction, or dismissal of that individual or group; (3) identify and review any instance where an individual or group has been discriminated against and has not received compensation for the discriminatory act of the Federal agency; (4) not later than 90 days after the date of enactment of this Act, establish a mechanism for the public to submit and be heard on each instance of discrimination by a Federal agency for consideration by the Commission; and (5) not later than 180 days after a public submission described in paragraph (4) is submitted, the Commission shall review the submission or decline to consider the instance of discrimination. (c) Membership (1) Number The Commission shall be composed of 12 members appointed as follows: (A) Four members shall be appointed by the Speaker of the House of Representatives. (B) Two members shall be appointed by the minority leader of the House of Representatives. (C) Four members shall be appointed by the majority leader of the Senate. (D) Two members shall be appointed by the minority leader of the Senate. (2) Appointment Members of the Commission shall be appointed to the Commission not later than 60 days after the date of enactment of this Act. (3) Member qualifications (A) In general Members of the Commission appointed shall be civil rights leaders, historians, lawyers, or judges with expertise or academic experience in— (i) civil rights; (ii) social justice; (iii) civil law; (iv) criminal law; (v) constitutional law; or (vi) history. (B) Recommendations The Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate may solicit and receive recommendations from civil rights groups and submit such recommendations to the Commission for review. (4) Terms (A) In general Each member appointed after the initial appointments described in subparagraph (B) shall be appointed for three years. (B) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Basic pay The rate of pay for members of the Commission shall be set by the Chairperson of the Commission. (6) Quorum 9 members of the Commission shall constitute a quorum and are required to conduct the duties of the Commission. (7) Chairperson One member shall be elected to serve as the chair of the Commission. (8) Meetings Not later than 90 days after the date of enactment of this Act and quarterly thereafter, the Commission shall hold a meeting. Additional meetings may be called by a majority of the members. (d) Director; Staff of Commission (1) Director The Commission shall have a Director who shall be appointed by a majority vote of the Commission. (2) Staff Subject to rules prescribed by the Commission, the Commission shall appoint and fix the pay of at least 11 additional personnel as the Director considers appropriate. (3) Civil service protection The Director and staff shall qualify for civil service protection. (e) Consultation The Commission may collaborate with historians, sociologists, researchers, graduate students, doctoral students, law students, community members, formerly incarcerated or exonerated individuals, or other individuals directly impacted by discrimination by any Federal agency to identify any appropriate instance to be reviewed by the Commission. (f) Research The Commission may investigate any instance brought to the attention of the Commission as described in subsection (e) and may issue a subpoena to any agency that a majority of the Commission determines is necessary. (g) Report to Congress Not later than 90 days after the date of enactment of this Act, and at least quarterly thereafter, the Commission shall submit to Congress and the appropriate congressional committees, a report including the following: (1) Information on any alternative to the pardon process, including exoneration or other forgiveness. (2) Each instance reviewed during the quarter. (3) Recommendations on legislative or executive action with respect to each instance reviewed by the Commission. (h) Exception for termination of Commission Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Commission. (i) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The Committee on the Judiciary of the House of Representatives. (2) The Committee on the Judiciary of the Senate.