[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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