Commission would review federal agency discrimination cases

A commission would review historical injustices and certain cases of discrimination by federal agencies. The commission may work with researchers and people directly affected by federal agency discrimination to identify cases for review. The bill identifies cases involving discrimination against people protected by the Civil Rights Act or Rehabilitation Act, or members of the uniformed services, that led to discriminatory treatment, a charge, a conviction, or a dismissal. The commission would also review discrimination cases where the affected person or group did not receive compensation. Commission members must be appointed within 60 days after enactment.

The commission would set up a public process for submitting discrimination cases and would review each submission or decline to consider it. The process covers instances of discrimination by a federal agency. The public process must allow people to submit cases and be heard for the commission’s consideration. The process must be set up within 90 days after enactment. The commission must review a submission or decline it within 180 days after receiving it.

The commission could investigate cases brought to its attention and subpoena federal agencies when a majority decides it is necessary. The commission may investigate cases brought to its attention through consultation with affected people and others. A subpoena requires a majority of the commission to decide it is necessary.

The commission would report its work and recommendations to Congress and the House and Senate Judiciary Committees. Reports must list cases reviewed during the period and recommend legislative or executive action for each reviewed case. Reports must include information about alternatives to pardons, such as exoneration or other forms of forgiveness. The first report is due within 90 days after enactment, with reports due at least quarterly after that.