I 

111TH CONGRESS 

1ST SESSION H. R. 40 

To acknowledge 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 examine the institution 

of slavery, subsequently 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 HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. CONYERS (for himself and Mr. SCOTT of Virginia) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To acknowledge 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 examine the institution of 

slavery, subsequently 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commission to Study 

3 Reparation Proposals for African-Americans Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

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

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

7 descendants were enslaved in the United States and 

8 colonies that became the United States from 1619 to 

9 1865; 

10 (2) the institution of slavery was constitu11 tionally and statutorily sanctioned by the Govern12 ment of the United States from 1789 through 1865; 

13 (3) the slavery that flourished in the United 

14 States constituted an immoral and inhumane depri15 vation of Africans’ life, liberty, African citizenship 

16 rights, and cultural heritage, and denied them the 

17 fruits of their own labor; and 

18 (4) sufficient inquiry has not been made into 

19 the effects of the institution of slavery on living Afri20 can-Americans and society in the United States. 

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

23 (1) examine the institution of slavery which ex24 isted from 1619 through 1865 within the United 

25 States and the colonies that became the United 

26 States, including the extent to which the Federal 


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1 and State Governments constitutionally and statu2 torily supported the institution of slavery; 

3 (2) examine de jure and de facto discrimination 

4 against freed slaves and their descendants from the 

5 end of the Civil War to the present, including eco6 nomic, political, and social discrimination; 

7 (3) examine the lingering negative effects of the 

8 institution of slavery and the discrimination de9 scribed in paragraph (2) on living African-Americans 

10 and on society in the United States; 

11 (4) recommend appropriate ways to educate the 

12 American public of the Commission’s findings; 

13 (5) recommend appropriate remedies in consid14 eration of the Commission’s findings on the matters 

15 described in paragraphs (1) and (2); and 

16 (6) submit to the Congress the results of such 

17 examination, together with such recommendations. 

18 SEC. 3. ESTABLISHMENT AND DUTIES. 

19 (a) ESTABLISHMENT.—There is established the Com20 mission to Study Reparation Proposals for African-Ameri21 cans (hereinafter in this Act referred to as the ‘‘Commis22 sion’’). 

23 (b) DUTIES.—The Commission shall perform the fol24 lowing duties: 


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1 (1) Examine the institution of slavery which ex2 isted within the United States and the colonies that 

3 became the United States from 1619 through 1865. 

4 The Commission’s examination shall include an ex5 amination of— 

6 (A) the capture and procurement of Afri7 cans; 

8 (B) the transport of Africans to the United 

9 States and the colonies that became the United 

10 States for the purpose of enslavement, including 

11 their treatment during transport; 

12 (C) the sale and acquisition of Africans as 

13 chattel property in interstate and instrastate 

14 commerce; and 

15 (D) the treatment of African slaves in the 

16 colonies and the United States, including the 

17 deprivation of their freedom, exploitation of 

18 their labor, and destruction of their culture, 

19 language, religion, and families. 

20 (2) Examine the extent to which the Federal 

21 and State governments of the United States sup22 ported the institution of slavery in constitutional and 

23 statutory provisions, including the extent to which 

24 such governments prevented, opposed, or restricted 


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1 efforts of freed African slaves to repatriate to their 

2 homeland. 

3 (3) Examine Federal and State laws that dis4 criminated against freed African slaves and their de5 scendants during the period between the end of the 

6 Civil War and the present. 

7 (4) Examine other forms of discrimination in 

8 the public and private sectors against freed African 

9 slaves and their descendants during the period be10 tween the end of the Civil War and the present. 

11 (5) Examine the lingering negative effects of 

12 the institution of slavery and the matters described 

13 in paragraphs (1), (2), (3), and (4) on living Afri14 can-Americans and on society in the United States. 

15 (6) Recommend appropriate ways to educate 

16 the American public of the Commission’s findings. 

17 (7) Recommend appropriate remedies in consid18 eration of the Commission’s findings on the matters 

19 described in paragraphs (1), (2), (3), and (4). In 

20 making such recommendations, the Commission 

21 shall address among other issues, the following ques22 tions: 

23 (A) Whether the Government of the United 

24 States should offer a formal apology on behalf 

25 of the people of the United States for the perVerDate Nov 24 2008 06:25 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40

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1 petration of gross human rights violations on 

2 African slaves and their descendants. 

3 (B) Whether African-Americans still suffer 

4 from the lingering effects of the matters de5 scribed in paragraphs (1), (2), (3), and (4). 

6 (C) Whether, in consideration of the Com7 mission’s findings, any form of compensation to 

8 the descendants of African slaves is warranted. 

9 (D) If the Commission finds that such 

10 compensation is warranted, what should be the 

11 amount of compensation, what form of com12 pensation should be awarded, and who should 

13 be eligible for such compensation. 

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

15 submit a written report of its findings and recommenda16 tions to the Congress not later than the date which is one 

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

18 held pursuant to section 4(c). 

19 SEC. 4. MEMBERSHIP. 

20 (a) NUMBER AND APPOINTMENT.—(1) The Commis21 sion shall be composed of 7 members, who shall be ap22 pointed, within 90 days after the date of enactment of this 

23 Act, as follows: 

24 (A) Three members shall be appointed by the 

25 President. 


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1 (B) Three members shall be appointed by the 

2 Speaker of the House of Representatives. 

3 (C) One member shall be appointed by the 

4 President pro tempore of the Senate. 

5 (2) All members of the Commission shall be persons 

6 who are especially qualified to serve on the Commission 

7 by virtue of their education, training, or experience, par8 ticularly in the field of African-American studies. 

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

10 be for the life of the Commission. A vacancy in the Com11 mission shall not affect the powers of the Commission, and 

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

13 appointment was made. 

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

15 first meeting of the Commission within 120 days after the 

16 date of the enactment of this Act, or within 30 days after 

17 the date on which legislation is enacted making appropria18 tions to carry out this Act, whichever date is later. 

19 (d) QUORUM.—Four members of the Commission 

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

21 hearings. 

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

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

24 The term of office of each shall be for the life of the Com25 mission. 


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1 (f) COMPENSATION.—(1) Except as provided in para2 graph (2), each member of the Commission shall receive 

3 compensation at the daily equivalent of the annual rate 

4 of basic pay payable for GS–18 of the General Schedule 

5 under section 5332 of title 5, United States Code, for each 

6 day, including travel time, during which he or she is en7 gaged in the actual performance of duties vested in the 

8 Commission. 

9 (2) A member of the Commission who is a full-time 

10 officer or employee of the United States or a Member of 

11 Congress shall receive no additional pay, allowances, or 

12 benefits by reason of his or her service to the Commission. 

13 (3) All members of the Commission shall be reim14 bursed for travel, subsistence, and other necessary ex15 penses incurred by them in the performance of their duties 

16 to the extent authorized by chapter 57 of title 5, United 

17 States Code. 

18 SEC. 5. POWERS OF THE COMMISSION. 

19 (a) HEARINGS AND SESSIONS.—The Commission 

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

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

22 at such places in the United States, and request the at23 tendance and testimony of such witnesses and the produc24 tion of such books, records, correspondence, memoranda, 

25 papers, and documents, as the Commission considers apVerDate Nov 24 2008 06:25 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40

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1 propriate. The Commission may request the Attorney Gen2 eral to invoke the aid of an appropriate United States dis3 trict court to require, by subpoena or otherwise, such at4 tendance, testimony, or production. 

5 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

6 Any subcommittee or member of the Commission may, if 

7 authorized by the Commission, take any action which the 

8 Commission is authorized to take by this section. 

9 (c) OBTAINING OFFICIAL DATA.—The Commission 

10 may acquire directly from the head of any department, 

11 agency, or instrumentality of the executive branch of the 

12 Government, available information which the Commission 

13 considers useful in the discharge of its duties. All depart14 ments, agencies, and instrumentalities of the executive 

15 branch of the Government shall cooperate with the Com16 mission with respect to such information and shall furnish 

17 all information requested by the Commission to the extent 

18 permitted by law. 

19 SEC. 6. ADMINISTRATIVE PROVISIONS. 

20 (a) STAFF.—The Commission may, without regard to 

21 section 5311(b) of title 5, United States Code, appoint and 

22 fix the compensation of such personnel as the Commission 

23 considers appropriate. 

24 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

25 LAWS.—The staff of the Commission may be appointed 


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1 without regard to the provisions of title 5, United States 

2 Code, governing appointments in the competitive service, 

3 and without regard to the provisions of chapter 51 and 

4 subchapter III of chapter 53 of such title relating to classi5 fication and General Schedule pay rates, except that the 

6 compensation of any employee of the Commission may not 

7 exceed a rate equal to the annual rate of basic pay payable 

8 for GS–18 of the General Schedule under section 5332 

9 of title 5, United States Code. 

10 (c) EXPERTS AND CONSULTANTS.—The Commission 

11 may procure the services of experts and consultants in ac12 cordance with the provisions of section 3109(b) of title 5, 

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

14 exceed the daily equivalent of the highest rate payable 

15 under section 5332 of such title. 

16 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

17 Commission may enter into agreements with the Adminis18 trator of General Services for procurement of financial 

19 and administrative services necessary for the discharge of 

20 the duties of the Commission. Payment for such services 

21 shall be made by reimbursement from funds of the Com22 mission in such amounts as may be agreed upon by the 

23 Chairman of the Commission and the Administrator. 

24 (e) CONTRACTS.—The Commission may— 


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

2 contract in accordance with applicable laws and reg3 ulations and to the extent or in such amounts as are 

4 provided in appropriations Acts; and 

5 (2) enter into contracts with departments, 

6 agencies, and instrumentalities of the Federal Gov7 ernment, State agencies, and private firms, institu8 tions, and agencies, for the conduct of research or 

9 surveys, the preparation of reports, and other activi10 ties necessary for the discharge of the duties of the 

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

12 provided in appropriations Acts. 

13 SEC. 7. TERMINATION. 

14 The Commission shall terminate 90 days after the 

15 date on which the Commission submits its report to the 

16 Congress under section 3(c). 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 To carry out the provisions of this Act, there are au19 thorized to be appropriated $8,000,000. 

Æ 


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