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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 40 Introduced in Senate (IS)]

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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, to make recommendations to 
     the Congress on appropriate remedies, 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 ``Commission to Study and Develop 
Reparation Proposals for African Americans Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) approximately 4,000,000 Africans and their descendants 
        were enslaved in the United States and colonies that became the 
        United States from 1619 to 1865;
            (2) the institution of slavery was constitutionally and 
        statutorily sanctioned by the Government of the United States 
        from 1789 through 1865;
            (3) the slavery that flourished in the United States 
        constituted an immoral and inhumane deprivation of Africans' 
        life, liberty, African citizenship rights, and cultural 
        heritage, and denied them the fruits of their own labor;
            (4) a preponderance of scholarly, legal, community 
        evidentiary documentation and popular culture markers 
        constitute the basis for inquiry into the on-going effects of 
        the institution of slavery and its legacy of persistent 
        systemic structures of discrimination on living African 
        Americans and society in the United States;
            (5) following the abolition of slavery, governments at the 
        Federal, State, and local levels continued to perpetuate, 
        condone, and often profit from practices that continued to 
        brutalize and disadvantage African Americans, including share 
        cropping, convict leasing, Jim Crow, redlining, unequal 
        education, and disproportionate treatment at the hands of the 
        criminal justice system; and
            (6) as a result of the historic and continued 
        discrimination, African Americans continue to suffer 
        debilitating economic, educational, and health hardships 
        including having nearly 1,000,000 Black people incarcerated; an 
        unemployment rate more than twice the current White 
        unemployment rate; and an average of less than \1/16\ of the 
        wealth of White families, a disparity which has worsened, not 
        improved, over time.
    (b) Purpose.--The purpose of this Act is to establish a commission 
to--
            (1) study and develop reparation proposals for African 
        Americans as a result of--
                    (A) the institution of slavery, including both the 
                Trans-Atlantic and the domestic ``trade'' which existed 
                from 1565 in colonial Florida, and from 1619 within the 
                other colonies that became the United States, through 
                1865, and which included the Federal and State 
                governments which constitutionally and statutorily 
                supported the institution of slavery;
                    (B) the de jure and de facto discrimination against 
                freed slaves and their descendants from the end of the 
                Civil War to the present, including economic, 
                political, educational, and social discrimination;
                    (C) the lingering negative effects of the 
                institution of slavery and the discrimination described 
                in subparagraphs (A) and (B) on living African 
                Americans and on society in the United States;
                    (D) the manner in which textual and digital 
                instructional resources and technologies are being used 
                to deny the inhumanity of slavery and the crime against 
                humanity of people of African descent in the United 
                States;
                    (E) the role of Northern complicity in the 
                Southern-based institution of slavery; and
                    (F) the direct benefits to societal institutions, 
                public and private, including higher education, 
                corporations, and religious and associational entities;
            (2) recommend appropriate ways to educate the American 
        public of the Commission's findings;
            (3) recommend appropriate remedies in consideration of the 
        Commission's findings on the matters described in subparagraphs 
        (A) through (F) of paragraph (1); and
            (4) submit to the Congress the findings of the study under 
        paragraph (1), together with the recommendations under 
        paragraphs (2) and (3).

SEC. 3. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established the Commission to Study 
and Develop Reparation Proposals for African Americans (hereinafter in 
this Act referred to as the ``Commission'').
    (b) Duties.--The Commission shall perform the following duties:
            (1) Identify, compile, and synthesize the relevant corpus 
        of evidentiary documentation of the institution of slavery 
        which existed from 1565 in colonial Florida, and from 1619 
        within the other colonies that became the United States, 
        through 1865. The Commission's documentation and examination 
        under this paragraph shall include the facts related to--
                    (A) the capture and procurement of Africans;
                    (B) the transport of Africans to the United States 
                and the colonies that became the United States for the 
                purpose of enslavement, including their treatment 
                during transport;
                    (C) the sale and acquisition of Africans as chattel 
                property in interstate and intrastate commerce;
                    (D) the treatment of African slaves in the colonies 
                and the United States, including the deprivation of 
                their freedom, exploitation of their labor, and 
                destruction of their culture, language, religion, and 
                families;
                    (E) the extensive denial of humanity, sexual abuse, 
                and the chatellization of persons;
                    (F) the role the Federal Government and State 
                governments played in supporting the institution of 
                slavery including through constitutional and statutory 
                provisions, including the extent to which the Federal 
                Government and State governments prevented, opposed, or 
                restricted efforts of formerly enslaved Africans and 
                their descendants to repatriate to their homeland;
                    (G) the Federal and State laws that discriminated 
                against formerly enslaved Africans and their 
                descendants who were determined United States citizens 
                from 1868 to the present.
            (2) Identify the other forms of discrimination in the 
        public and private sectors against freed African slaves and 
        their descendants who were determined United States citizens 
        from 1868 to the present, including redlining, educational 
        funding discrepancies, and predatory financial practices.
            (3) Identify the lingering negative effects of the 
        institution of slavery and the matters described in 
        subparagraphs (A) through (F) of section 2(b)(1) and paragraphs 
        (1) and (2) on living African Americans and on society in the 
        United States.
            (4) Recommend appropriate ways to educate the American 
        public of the Commission's findings on the matters described in 
        subparagraphs (A) through (F) of section 2(b)(1) and paragraphs 
        (1), (2), and (3).
            (5) Recommend appropriate remedies in consideration of the 
        Commission's findings on the matters described in subparagraphs 
        (A) through (F) of section 2(b)(1) and paragraphs (1), (2), and 
        (3). In making such recommendations, the Commission shall 
        address, among other issues, the following questions:
                    (A) How such recommendations comport with 
                international standards of remedy for wrongs and 
                injuries caused by the governments of foreign 
                countries, that include full reparations and special 
                measures, as understood by various relevant 
                international protocols, laws, and findings.
                    (B) How the Federal Government will offer a formal 
                apology on behalf of the people of the United States 
                for the perpetration of gross human rights violations 
                and crimes against humanity on African slaves and their 
                descendants.
                    (C) How Federal laws and policies that continue to 
                disproportionately and negatively affect African 
                Americans as a group, and those that perpetuate the 
                lingering effects, materially and psycho-social, can be 
                eliminated.
                    (D) How the injuries resulting from the matters 
                described in subparagraphs (A) through (F) of section 
                2(b)(1) and paragraphs (1), (2), and (3) can be 
                reversed and provide appropriate policies, programs, 
                projects and recommendations for the purpose of 
                reversing the injuries.
                    (E) How, in consideration of the Commission's 
                findings, any form of compensation to the descendants 
                of enslaved Africans is calculated.
                    (F) What form of compensation should be awarded, 
                through what instrumentalities should such compensation 
                be awarded, and who should be eligible for such 
                compensation.
                    (G) Whether, in consideration of the Commission's 
                findings, any other measures of rehabilitation or 
                restitution to African descendants is warranted and 
                what the form and scope of those measures should take.
    (c) Report to Congress.--The Commission shall submit a written 
report of its findings and recommendations to the Congress not later 
than the date that is one year after the date of the first meeting of 
the Commission held pursuant to section 4(c).

SEC. 4. MEMBERSHIP.

    (a) Number and Appointments.--
            (1) In general.--The Commission shall be composed of 13 
        members, who shall be appointed within 90 days after the date 
        of enactment of this Act, as follows:
                    (A) Three members shall be appointed by the 
                President.
                    (B) Three members shall be appointed by the Speaker 
                of the House of Representatives.
                    (C) One member shall be appointed by the President 
                pro tempore of the Senate.
                    (D) Six members shall be selected from the major 
                civil society and reparations organizations that have 
                historically championed the cause of reparatory 
                justice.
            (2) Qualifications.--All members of the Commission shall be 
        persons who are especially qualified to serve on the Commission 
        by virtue of their education, training, activism, or 
        experience, particularly such education, training, activism, or 
        experience in the field of African-American studies and 
        reparatory justice.
    (b) Terms.--The term of office for members shall be for the life of 
the Commission. A vacancy in the Commission shall not affect the powers 
of the Commission and shall be filled in the same manner in which the 
original appointment was made.
    (c) First Meeting.--The President shall call the first meeting of 
the Commission within 120 days after the date of enactment of this Act 
or within 30 days after the date on which legislation is enacted making 
appropriations to carry out this Act, whichever date is later.
    (d) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (e) Chair and Vice Chair.--The Commission shall elect a Chair and 
Vice Chair from among its members. The term of office of each shall be 
for the life of the Commission.
    (f) Compensation.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Commission shall be compensated at a rate not to 
        exceed the daily equivalent of the annual rate of basic pay in 
        effect for a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code, for each 
        day, including travel time, during which that member is engaged 
        in the actual performance of the duties of the Commission.
            (2) Federal employees.--A member of the Commission who is a 
        full-time officer or employee of the United States or a Member 
        of Congress shall receive no additional pay, allowances, or 
        benefits by reason of the service of the member to the 
        Commission.
            (3) Travel, subsistence, and other expenses.--All members 
        of the Commission shall be reimbursed for travel, subsistence, 
        and other necessary expenses incurred in the performance of 
        their duties to the extent authorized by chapter 57 of title 5, 
        United States Code.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out the provisions of this Act, hold such hearings and sit and 
act at such times and at such places in the United States, and request 
the attendance and testimony of such witnesses and the production of 
such books, records, correspondence, memoranda, papers, and documents, 
as the Commission considers appropriate. The Commission may invoke the 
aid of an appropriate United States district court to require, by 
subpoena or otherwise, such attendance, testimony, or production.
    (b) Powers of Subcommittees and Members.--Any subcommittee or 
member of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may acquire directly 
from the head of any department, agency, or instrumentality of the 
executive branch of the Federal Government, available information which 
the Commission considers useful in the discharge of its duties. All 
departments, agencies, and instrumentalities of the executive branch of 
the Federal Government shall cooperate with the Commission with respect 
to such information and shall furnish all information requested by the 
Commission to the extent permitted by law.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Staff.--The Commission may, subject to subsection (b), appoint 
and fix the compensation of such personnel as the Commission considers 
appropriate.
    (b) Applicability of Certain Civil Service Laws.--The personnel of 
the Commission may be appointed without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that the rate of compensation of 
any personnel of the Commission may not exceed the daily equivalent of 
the annual rate of basic pay in effect for a position at level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (c) Experts and Consultants.--The Commission may procure the 
services of experts and consultants in accordance with the provisions 
of section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the highest rate 
payable under section 5332 of such title.
    (d) Administrative Support Services.--The Commission may enter into 
agreements with the Administrator of General Services for procurement 
of financial and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services shall be made 
by reimbursement from funds of the Commission in such amounts as may be 
agreed upon by the Chair of the Commission and the Administrator.
    (e) Contracts.--The Commission may--
            (1) procure supplies, services, and property by contract in 
        accordance with applicable laws and regulations and to the 
        extent or in such amounts as are provided in appropriations 
        Acts; and
            (2) enter into contracts with departments, agencies, and 
        instrumentalities of the Federal Government, State agencies, 
        and private firms, institutions, and agencies, for the conduct 
        of research or surveys, the preparation of reports, and other 
        activities necessary for the discharge of the duties of the 
        Commission, to the extent or in such amounts as are provided in 
        appropriations Acts.

SEC. 7. TERMINATION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report to the Congress under section 3(c).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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