II 

117TH 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 25, 2021 

Mr. BOOKER (for himself, Mr. DURBIN, Mrs. FEINSTEIN, Mr. COONS, Ms. 

HIRONO, Mr. SANDERS, Ms. DUCKWORTH, Mr. MARKEY, Mr. MERKLEY, 

Mr. WHITEHOUSE, Ms. KLOBUCHAR, Ms. WARREN, Mr. CASEY, Mrs. 

MURRAY, Mr. BLUMENTHAL, and Mr. KAINE) 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. 


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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 leg25 acy of persistent systemic structures of discriminaVerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40

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1 tion on living African Americans and society in the 

2 United States; 

3 (5) following the abolition of slavery the United 

4 States Government, at the Federal, State, and local 

5 level, continued to perpetuate, condone and often 

6 profit from practices that continued to brutalize and 

7 disadvantage African Americans, including share 

8 cropping, convict leasing, Jim Crow, redlining, un9 equal education, and disproportionate treatment at 

10 the hands of the criminal justice system; and 

11 (6) as a result of the historic and continued dis12 crimination, African Americans continue to suffer 

13 debilitating economic, educational, and health hard14 ships including but not limited to having nearly 

15 1,000,000 Black people incarcerated; an unemploy16 ment rate more than twice the current White unemployment rate; and an average of less than 1 17 ⁄16 of 

18 the wealth of White families, a disparity which has 

19 worsened, not improved over time. 

20 (b) PURPOSE.—The purpose of this Act is to estab21 lish a commission to study and develop reparation pro22 posals for African Americans as a result of— 

23 (1) the institution of slavery, including both the 

24 Trans-Atlantic and the domestic ‘‘trade’’ which ex25 isted from 1565 in colonial Florida and from 1619 


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1 through 1865 within the other colonies that became 

2 the United States, and which included the Federal 

3 and State governments which constitutionally and 

4 statutorily supported the institution of slavery; 

5 (2) the de jure and de facto discrimination 

6 against freed slaves and their descendants from the 

7 end of the Civil War to the present, including eco8 nomic, political, educational, and social discrimina9 tion; 

10 (3) the lingering negative effects of the institu11 tion of slavery and the discrimination described in 

12 paragraphs (1) and (2) on living African Americans 

13 and on society in the United States; 

14 (4) the manner in which textual and digital in15 structional resources and technologies are being used 

16 to deny the inhumanity of slavery and the crime 

17 against humanity of people of African descent in the 

18 United States; 

19 (5) the role of Northern complicity in the 

20 Southern based institution of slavery; 

21 (6) the direct benefits to societal institutions, 

22 public and private, including higher education, cor23 porations, religious and associational; 


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1 (7) and thus, recommend appropriate ways to 

2 educate the American public of the Commission’s 

3 findings; 

4 (8) and thus, recommend appropriate remedies 

5 in consideration of the Commission’s findings on the 

6 matters described in paragraphs (1), (2), (3), (4), 

7 (5), and (6); and 

8 (9) submit to the Congress the results of such 

9 examination, together with such recommendations. 

10 SEC. 3. ESTABLISHMENT AND DUTIES. 

11 (a) ESTABLISHMENT.—There is established the Com12 mission to Study and Develop Reparation Proposals for 

13 African Americans (hereinafter in this Act referred to as 

14 the ‘‘Commission’’). 

15 (b) DUTIES.—The Commission shall perform the fol16 lowing duties: 

17 (1) Identify, compile and synthesize the relevant 

18 corpus of evidentiary documentation of the institu19 tion of slavery which existed within the United 

20 States and the colonies that became the United 

21 States from 1619 through 1865. The Commission’s 

22 documentation and examination shall include but not 

23 be limited to the facts related to— 

24 (A) the capture and procurement of Afri25 cans; 


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1 (B) the transport of Africans to the United 

2 States and the colonies that became the United 

3 States for the purpose of enslavement, including 

4 their treatment during transport; 

5 (C) the sale and acquisition of Africans as 

6 chattel property in interstate and intrastate 

7 commerce; 

8 (D) the treatment of African slaves in the 

9 colonies and the United States, including the 

10 deprivation of their freedom, exploitation of 

11 their labor, and destruction of their culture, 

12 language, religion, and families; and 

13 (E) the extensive denial of humanity, sex14 ual abuse and the chatellization of persons. 

15 (2) The role which the Federal and State gov16 ernments of the United States supported the institu17 tion of slavery in constitutional and statutory provi18 sions, including the extent to which such govern19 ments prevented, opposed, or restricted efforts of 

20 formerly enslaved Africans and their descendants to 

21 repatriate to their homeland. 

22 (3) The Federal and State laws that discrimi23 nated against formerly enslaved Africans and their 

24 descendants who were deemed United States citizens 

25 from 1868 to the present. 


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1 (4) The other forms of discrimination in the 

2 public and private sectors against freed African 

3 slaves and their descendants who were deemed 

4 United States citizens from 1868 to the present, in5 cluding redlining, educational funding discrepancies, 

6 and predatory financial practices. 

7 (5) The lingering negative effects of the institu8 tion of slavery and the matters described in para9 graphs (1), (2), (3), (4), (5), and (6) on living Afri10 can Americans and on society in the United States. 

11 (6) Recommend appropriate ways to educate 

12 the American public of the Commission’s findings. 

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

15 described in paragraphs (1), (2), (3), (4), (5), and 

16 (6). In making such recommendations, the Commis17 sion shall address among other issues, the following 

18 questions: 

19 (A) How such recommendations comport 

20 with international standards of remedy for 

21 wrongs and injuries caused by the State, that 

22 include full reparations and special measures, 

23 as understood by various relevant international 

24 protocols, laws, and findings. 


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1 (B) How the Government of the United 

2 States will offer a formal apology on behalf of 

3 the people of the United States for the per4 petration of gross human rights violations and 

5 crimes against humanity on African slaves and 

6 their descendants. 

7 (C) How Federal laws and policies that 

8 continue to disproportionately and negatively 

9 affect African Americans as a group, and those 

10 that perpetuate the lingering effects, materially 

11 and psycho-social, can be eliminated. 

12 (D) How the injuries resulting from mat13 ters described in paragraphs (1), (2), (3), (4), 

14 (5), and (6) can be reversed and provide appro15 priate policies, programs, projects and rec16 ommendations for the purpose of reversing the 

17 injuries. 

18 (E) How, in consideration of the Commis19 sion’s findings, any form of compensation to the 

20 descendants of enslaved African is calculated. 

21 (F) What form of compensation should be 

22 awarded, through what instrumentalities and 

23 who should be eligible for such compensation. 

24 (G) How, in consideration of the Commis25 sion’s findings, any other forms of rehabilitaVerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40

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1 tion or restitution to African descendants is 

2 warranted and what the form and scope of 

3 those measures should take. 

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

5 submit a written report of its findings and recommenda6 tions to the Congress not later than the date which is one 

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

8 held pursuant to section 4(c). 

9 SEC. 4. MEMBERSHIP. 

10 (a) NUMBER AND APPOINTMENT.—(1) The Commis11 sion shall be composed of 13 members, who shall be ap12 pointed, within 90 days after the date of enactment of this 

13 Act, as follows: 

14 (A) Three members shall be appointed by the 

15 President. 

16 (B) Three members shall be appointed by the 

17 Speaker of the House of Representatives. 

18 (C) One member shall be appointed by the 

19 President pro tempore of the Senate. 

20 (D) Six members shall be selected from the 

21 major civil society and reparations organizations 

22 that have historically championed the cause of 

23 reparatory justice. 

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

25 who are especially qualified to serve on the Commission 


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1 by virtue of their education, training, activism or experi2 ence, particularly in the field of African-American studies 

3 and reparatory justice. 

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

5 be for the life of the Commission. A vacancy in the Com6 mission shall not affect the powers of the Commission and 

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

8 appointment was made. 

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

10 first meeting of the Commission within 120 days after the 

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

12 the date on which legislation is enacted making appropria13 tions to carry out this Act, whichever date is later. 

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

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

16 hearings. 

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

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

19 The term of office of each shall be for the life of the Com20 mission. 

21 (f) COMPENSATION.—(1) Except as provided in para22 graph (2), each member of the Commission shall receive 

23 compensation at the daily equivalent of the annual rate 

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

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


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1 day, including travel time, during which he or she is en2 gaged in the actual performance of duties vested in the 

3 Commission. 

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

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

6 Congress shall receive no additional pay, allowances, or 

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

8 (3) All members of the Commission shall be reim9 bursed for travel, subsistence, and other necessary ex10 penses incurred by them in the performance of their duties 

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

12 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 Government, available information which the Commission 

9 considers useful in the discharge of its duties. All depart10 ments, agencies, and instrumentalities of the executive 

11 branch of the Government shall cooperate with the Com12 mission with respect to such information and shall furnish 

13 all information requested by the Commission to the extent 

14 permitted by law. 

15 SEC. 6. ADMINISTRATIVE PROVISIONS. 

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

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

18 fix the compensation of such personnel as the Commission 

19 considers appropriate. 

20 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

23 Code, governing appointments in the competitive service, 

24 and without regard to the provisions of chapter 51 and 

25 subchapter III of chapter 53 of such title relating to classiVerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40

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1 fication and General Schedule pay rates, except that the 

2 compensation of any employee of the Commission may not 

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

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

5 of title 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 Chairman 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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