II 

118TH CONGRESS 

1ST SESSION S. 40 

To address the fundamental injustice, cruelty, brutality, and inhumanity of 

slavery in the United States and the 13 American colonies between 

1619 and 1865 and to establish a commission to study and consider 

a national apology and proposal for reparations for the institution of 

slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on 

living African Americans, to make recommendations to the Congress 

on appropriate remedies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2023 

Mr. BOOKER (for himself, Mr. DURBIN, Mr. MARKEY, Mr. CASEY, Mr. 

MERKLEY, Ms. HIRONO, Mrs. FEINSTEIN, Mr. SANDERS, Mr. CARDIN, 

Ms. DUCKWORTH, Mr. KAINE, Ms. BALDWIN, Mr. PADILLA, Mr. VAN

HOLLEN, Mr. WHITEHOUSE, Ms. WARREN, Ms. KLOBUCHAR, Mr. 

BROWN, Ms. SMITH, Mr. COONS, Mr. BLUMENTHAL, and Mrs. MURRAY) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To address the fundamental injustice, cruelty, brutality, and 

inhumanity of slavery in the United States and the 13 

American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of 

slavery, its subsequent de jure and de facto racial and 

economic discrimination against African Americans, and 

the impact of these forces on living African Americans, 


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to make recommendations to the Congress on appropriate remedies, 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 ‘‘Commission to Study 

5 and Develop Reparation Proposals for African Americans 

6 Act’’. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—The Congress finds that— 

9 (1) approximately 4,000,000 Africans and their 

10 descendants were enslaved in the United States and 

11 colonies that became the United States from 1619 to 

12 1865; 

13 (2) the institution of slavery was constitu14 tionally and statutorily sanctioned by the Govern15 ment of the United States from 1789 through 1865; 

16 (3) the slavery that flourished in the United 

17 States constituted an immoral and inhumane depri18 vation of Africans’ life, liberty, African citizenship 

19 rights, and cultural heritage, and denied them the 

20 fruits of their own labor; 

21 (4) a preponderance of scholarly, legal, commu22 nity evidentiary documentation and popular culture 

23 markers constitute the basis for inquiry into the on24 going effects of the institution of slavery and its legVerDate Sep 11 2014 23:15 Jan 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40

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1 acy of persistent systemic structures of discrimina2 tion on living African Americans and society in the 

3 United States; 

4 (5) following the abolition of slavery, govern5 ments at the Federal, State, and local levels contin6 ued to perpetuate, condone, and often profit from 

7 practices that continued to brutalize and disadvan8 tage African Americans, including share cropping, 

9 convict leasing, Jim Crow, redlining, unequal edu10 cation, and disproportionate treatment at the hands 

11 of the criminal justice system; and 

12 (6) as a result of the historic and continued dis13 crimination, African Americans continue to suffer 

14 debilitating economic, educational, and health hard15 ships including having nearly 1,000,000 Black peo16 ple incarcerated; an unemployment rate more than 

17 twice the current White unemployment rate; and an 

average of less than 1 18 ⁄16 of the wealth of White fami19 lies, a disparity which has worsened, not improved, 

20 over time. 

21 (b) PURPOSE.—The purpose of this Act is to estab22 lish a commission to— 

23 (1) study and develop reparation proposals for 

24 African Americans as a result of— 


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1 (A) the institution of slavery, including 

2 both the Trans-Atlantic and the domestic 

3 ‘‘trade’’ which existed from 1565 in colonial 

4 Florida, and from 1619 within the other colo5 nies that became the United States, through 

6 1865, and which included the Federal and 

7 State governments which constitutionally and 

8 statutorily supported the institution of slavery; 

9 (B) the de jure and de facto discrimination 

10 against freed slaves and their descendants from 

11 the end of the Civil War to the present, includ12 ing economic, political, educational, and social 

13 discrimination; 

14 (C) the lingering negative effects of the in15 stitution of slavery and the discrimination de16 scribed in subparagraphs (A) and (B) on living 

17 African Americans and on society in the United 

18 States; 

19 (D) the manner in which textual and dig20 ital instructional resources and technologies are 

21 being used to deny the inhumanity of slavery 

22 and the crime against humanity of people of Af23 rican descent in the United States; 

24 (E) the role of Northern complicity in the 

25 Southern-based institution of slavery; and 


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1 (F) the direct benefits to societal institu2 tions, public and private, including higher edu3 cation, corporations, and religious and 

4 associational entities; 

5 (2) recommend appropriate ways to educate the 

6 American public of the Commission’s findings; 

7 (3) recommend appropriate remedies in consid8 eration of the Commission’s findings on the matters 

9 described in subparagraphs (A) through (F) of para10 graph (1); and 

11 (4) submit to the Congress the findings of the 

12 study under paragraph (1), together with the rec13 ommendations under paragraphs (2) and (3). 

14 SEC. 3. ESTABLISHMENT AND DUTIES. 

15 (a) ESTABLISHMENT.—There is established the Com16 mission to Study and Develop Reparation Proposals for 

17 African Americans (hereinafter in this Act referred to as 

18 the ‘‘Commission’’). 

19 (b) DUTIES.—The Commission shall perform the fol20 lowing duties: 

21 (1) Identify, compile, and synthesize the rel22 evant corpus of evidentiary documentation of the in23 stitution of slavery which existed from 1565 in colo24 nial Florida, and from 1619 within the other colo25 nies that became the United States, through 1865. 


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1 The Commission’s documentation and examination 

2 under this paragraph shall include the facts related 

3 to— 

4 (A) the capture and procurement of Afri5 cans; 

6 (B) the transport of Africans to the United 

7 States and the colonies that became the United 

8 States for the purpose of enslavement, including 

9 their treatment during transport; 

10 (C) the sale and acquisition of Africans as 

11 chattel property in interstate and intrastate 

12 commerce; 

13 (D) the treatment of African slaves in the 

14 colonies and the United States, including the 

15 deprivation of their freedom, exploitation of 

16 their labor, and destruction of their culture, 

17 language, religion, and families; 

18 (E) the extensive denial of humanity, sex19 ual abuse, and the chatellization of persons; 

20 (F) the role the Federal Government and 

21 State governments played in supporting the in22 stitution of slavery including through constitu23 tional and statutory provisions, including the 

24 extent to which the Federal Government and 

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1 stricted efforts of formerly enslaved Africans 

2 and their descendants to repatriate to their 

3 homeland; 

4 (G) the Federal and State laws that dis5 criminated against formerly enslaved Africans 

6 and their descendants who were determined 

7 United States citizens from 1868 to the 

8 present. 

9 (2) Identify the other forms of discrimination in 

10 the public and private sectors against freed African 

11 slaves and their descendants who were determined 

12 United States citizens from 1868 to the present, in13 cluding redlining, educational funding discrepancies, 

14 and predatory financial practices. 

15 (3) Identify the lingering negative effects of the 

16 institution of slavery and the matters described in 

17 subparagraphs (A) through (F) of section 2(b)(1) 

18 and paragraphs (1) and (2) on living African Ameri19 cans and on society in the United States. 

20 (4) Recommend appropriate ways to educate 

21 the American public of the Commission’s findings on 

22 the matters described in subparagraphs (A) through 

23 (F) of section 2(b)(1) and paragraphs (1), (2), and 

24 (3). 


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1 (5) Recommend appropriate remedies in consid2 eration of the Commission’s findings on the matters 

3 described in subparagraphs (A) through (F) of sec4 tion 2(b)(1) and paragraphs (1), (2), and (3). In 

5 making such recommendations, the Commission 

6 shall address, among other issues, the following 

7 questions: 

8 (A) How such recommendations comport 

9 with international standards of remedy for 

10 wrongs and injuries caused by the governments 

11 of foreign countries, that include full repara12 tions and special measures, as understood by 

13 various relevant international protocols, laws, 

14 and findings. 

15 (B) How the Federal Government will 

16 offer a formal apology on behalf of the people 

17 of the United States for the perpetration of 

18 gross human rights violations and crimes 

19 against humanity on African slaves and their 

20 descendants. 

21 (C) How Federal laws and policies that 

22 continue to disproportionately and negatively 

23 affect African Americans as a group, and those 

24 that perpetuate the lingering effects, materially 

25 and psycho-social, can be eliminated. 


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1 (D) How the injuries resulting from the 

2 matters described in subparagraphs (A) 

3 through (F) of section 2(b)(1) and paragraphs 

4 (1), (2), and (3) can be reversed and provide 

5 appropriate policies, programs, projects and 

6 recommendations for the purpose of reversing 

7 the injuries. 

8 (E) How, in consideration of the Commis9 sion’s findings, any form of compensation to the 

10 descendants of enslaved Africans is calculated. 

11 (F) What form of compensation should be 

12 awarded, through what instrumentalities should 

13 such compensation be awarded, and who should 

14 be eligible for such compensation. 

15 (G) Whether, in consideration of the Com16 mission’s findings, any other measures of reha17 bilitation or restitution to African descendants 

18 is warranted and what the form and scope of 

19 those measures should take. 

20 (c) REPORT TO CONGRESS.—The Commission shall 

21 submit a written report of its findings and recommenda22 tions to the Congress not later than the date that is one 

23 year after the date of the first meeting of the Commission 

24 held pursuant to section 4(c). 


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1 SEC. 4. MEMBERSHIP. 

2 (a) NUMBER AND APPOINTMENTS.— 

3 (1) IN GENERAL.—The Commission shall be 

4 composed of 13 members, who shall be appointed 

5 within 90 days after the date of enactment of this 

6 Act, as follows: 

7 (A) Three members shall be appointed by 

8 the President. 

9 (B) Three members shall be appointed by 

10 the Speaker of the House of Representatives. 

11 (C) One member shall be appointed by the 

12 President pro tempore of the Senate. 

13 (D) Six members shall be selected from the 

14 major civil society and reparations organiza15 tions that have historically championed the 

16 cause of reparatory justice. 

17 (2) QUALIFICATIONS.—All members of the 

18 Commission shall be persons who are especially 

19 qualified to serve on the Commission by virtue of 

20 their education, training, activism, or experience, 

21 particularly such education, training, activism, or ex22 perience in the field of African-American studies and 

23 reparatory justice. 

24 (b) TERMS.—The term of office for members shall 

25 be for the life of the Commission. A vacancy in the Com26 mission shall not affect the powers of the Commission and 


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1 shall be filled in the same manner in which the original 

2 appointment was made. 

3 (c) FIRST MEETING.—The President shall call the 

4 first meeting of the Commission within 120 days after the 

5 date of enactment of this Act or within 30 days after the 

6 date on which legislation is enacted making appropriations 

7 to carry out this Act, whichever date is later. 

8 (d) QUORUM.—Seven members of the Commission 

9 shall constitute a quorum, but a lesser number may hold 

10 hearings. 

11 (e) CHAIR AND VICE CHAIR.—The Commission shall 

12 elect a Chair and Vice Chair from among its members. 

13 The term of office of each shall be for the life of the Com14 mission. 

15 (f) COMPENSATION.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), each member of the Commission shall be 

18 compensated at a rate not to exceed the daily equiv19 alent of the annual rate of basic pay in effect for a 

20 position at level IV of the Executive Schedule under 

21 section 5315 of title 5, United States Code, for each 

22 day, including travel time, during which that mem23 ber is engaged in the actual performance of the du24 ties of the Commission. 


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1 (2) FEDERAL EMPLOYEES.—A member of the 

2 Commission who is a full-time officer or employee of 

3 the United States or a Member of Congress shall re4 ceive no additional pay, allowances, or benefits by 

5 reason of the service of the member to the Commis6 sion. 

7 (3) TRAVEL, SUBSISTENCE, AND OTHER EX8 PENSES.—All members of the Commission shall be 

9 reimbursed for travel, subsistence, and other nec10 essary expenses incurred in the performance of their 

11 duties to the extent authorized by chapter 57 of title 

12 5, United States Code. 

13 SEC. 5. POWERS OF THE COMMISSION. 

14 (a) HEARINGS AND SESSIONS.—The Commission 

15 may, for the purpose of carrying out the provisions of this 

16 Act, hold such hearings and sit and act at such times and 

17 at such places in the United States, and request the at18 tendance and testimony of such witnesses and the produc19 tion of such books, records, correspondence, memoranda, 

20 papers, and documents, as the Commission considers ap21 propriate. The Commission may invoke the aid of an ap22 propriate United States district court to require, by sub23 poena or otherwise, such attendance, testimony, or pro24 duction. 


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1 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

2 Any subcommittee or member of the Commission may, if 

3 authorized by the Commission, take any action which the 

4 Commission is authorized to take by this section. 

5 (c) OBTAINING OFFICIAL DATA.—The Commission 

6 may acquire directly from the head of any department, 

7 agency, or instrumentality of the executive branch of the 

8 Federal Government, available information which the 

9 Commission considers useful in the discharge of its duties. 

10 All departments, agencies, and instrumentalities of the ex11 ecutive branch of the Federal Government shall cooperate 

12 with the Commission with respect to such information and 

13 shall furnish all information requested by the Commission 

14 to the extent permitted by law. 

15 SEC. 6. ADMINISTRATIVE PROVISIONS. 

16 (a) STAFF.—The Commission may, subject to sub17 section (b), appoint and fix the compensation of such per18 sonnel as the Commission considers appropriate. 

19 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

20 LAWS.—The personnel of the Commission may be ap21 pointed without regard to the provisions of title 5, United 

22 States Code, governing appointments in the competitive 

23 service, and without regard to the provisions of chapter 

24 51 and subchapter III of chapter 53 of such title relating 

25 to classification and General Schedule pay rates, except 


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1 that the rate of compensation of any personnel of the 

2 Commission may not exceed the daily equivalent of the 

3 annual rate of basic pay in effect for a position at level 

4 IV of the Executive Schedule under section 5315 of title 

5 5, United States Code. 

6 (c) EXPERTS AND CONSULTANTS.—The Commission 

7 may procure the services of experts and consultants in ac8 cordance with the provisions of section 3109(b) of title 5, 

9 United States Code, but at rates for individuals not to 

10 exceed the daily equivalent of the highest rate payable 

11 under section 5332 of such title. 

12 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

13 Commission may enter into agreements with the Adminis14 trator of General Services for procurement of financial 

15 and administrative services necessary for the discharge of 

16 the duties of the Commission. Payment for such services 

17 shall be made by reimbursement from funds of the Com18 mission in such amounts as may be agreed upon by the 

19 Chair of the Commission and the Administrator. 

20 (e) CONTRACTS.—The Commission may— 

21 (1) procure supplies, services, and property by 

22 contract in accordance with applicable laws and reg23 ulations and to the extent or in such amounts as are 

24 provided in appropriations Acts; and 


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1 (2) enter into contracts with departments, 

2 agencies, and instrumentalities of the Federal Gov3 ernment, State agencies, and private firms, institu4 tions, and agencies, for the conduct of research or 

5 surveys, the preparation of reports, and other activi6 ties necessary for the discharge of the duties of the 

7 Commission, to the extent or in such amounts as are 

8 provided in appropriations Acts. 

9 SEC. 7. TERMINATION. 

10 The Commission shall terminate 90 days after the 

11 date on which the Commission submits its report to the 

12 Congress under section 3(c). 

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

14 To carry out the provisions of this Act, there are au15 thorized to be appropriated $12,000,000. 

Æ 


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