II 

116TH CONGRESS 

1ST SESSION S. 1083 

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 

APRIL 9, 2019 

Mr. BOOKER 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. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 1083 IS

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 ‘‘H.R. 40 Commission 

5 to Study and Develop Reparation Proposals for African6 Americans 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 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083

pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 1083 IS

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 levels, 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 having nearly 1,000,000 Black peo15 ple incarcerated, an unemployment rate more than 

16 twice the current White unemployment rate, and an 

average of less than 1 17 ⁄16 of the wealth of White fami18 lies, a disparity which has worsened, not improved, 

19 over time. 

20 (b) PURPOSE.—The purpose of this Act is to— 

21 (1) establish a commission to study and develop 

22 Reparation proposals for African-Americans as a re23 sult of— 

24 (A) the institution of slavery, including 

25 both the Trans-Atlantic and the domestic 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 1083 IS

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

2 Florida and from 1619 through 1865 within 

3 the other colonies that became the United 

4 States, and which included the Federal and 

5 State governments that constitutionally and 

6 statutorily supported the institution of slavery; 

7 (B) the de jure and de facto discrimination 

8 against freed slaves and their descendants from 

9 the end of the Civil War to the present, includ10 ing economic, political, educational, and social 

11 discrimination; 

12 (C) the lingering negative effects of the in13 stitution of slavery and the discrimination de14 scribed in subparagraphs (A) and (B) on living 

15 African-Americans and on society in the United 

16 States; 

17 (D) the manner in which textual and dig18 ital instructional resources and technologies are 

19 being used to deny the inhumanity of slavery 

20 and the crime against humanity of people of Af21 rican descent in the United States; 

22 (E) the role of Northern complicity in the 

23 Southern based institution of slavery; and 

24 (F) the direct benefits of the institutions 

25 and systems described in subparagraphs (A) 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 1083 IS

1 through (C) to societal institutions, public and 

2 private (including higher education and cor3 porations), religious and associational; 

4 (2) recommend appropriate ways to educate the 

5 people of the United States of the Commission’s 

6 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 results of such 

12 examination and the recommendations of the Com13 mission. 

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 that existed within the United 

24 States and the colonies that became the United 

25 States from 1619 through 1865. The Commission’s 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 1083 IS

1 documentation and examination shall include the 

2 facts related to— 

3 (A) the capture and procurement of Afri4 cans; 

5 (B) the transport of Africans to the United 

6 States and the colonies that became the United 

7 States for the purpose of enslavement, including 

8 their treatment during transport; 

9 (C) the sale and acquisition of Africans as 

10 chattel property in interstate and intrastate 

11 commerce; 

12 (D) the treatment of African slaves in the 

13 colonies and the United States, including the 

14 deprivation of their freedom, exploitation of 

15 their labor, and destruction of their culture, 

16 language, religion, and families; and 

17 (E) the extensive denial of humanity, sex18 ual abuse, and chatellization of persons. 

19 (2) Examine the role of the Federal and State 

20 governments of the United States in supporting the 

21 institution of slavery in constitutional and statutory 

22 provisions, including the extent to which such gov23 ernments prevented, opposed, or restricted efforts of 

24 formerly enslaved Africans and their descendants to 

25 repatriate to their homeland. 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 1083 IS

1 (3) Examine the Federal and State laws that 

2 discriminated against formerly enslaved Africans 

3 and their descendants who were deemed United 

4 States citizens from 1868 to the present. 

5 (4) Examine the other forms of discrimination 

6 in the public and private sectors against freed Afri7 can slaves and their descendants who were deemed 

8 United States citizens from 1868 to the present, in9 cluding redlining, educational funding discrepancies, 

10 and predatory financial practices. 

11 (5) Examine the lingering negative effects of 

12 the institution of slavery and the matters described 

13 in paragraphs (1) through (4) and in subparagraphs 

14 (A) through (F) of section 2(b)(1) on living African15 Americans and on society in the United States. 

16 (6) Recommend appropriate ways to educate 

17 the American public of the Commission’s findings. 

18 (7) Recommend appropriate remedies in consid19 eration of the Commission’s findings on the matters 

20 described in paragraphs (1) through (5) and in sub21 paragraphs (A) through (F) of section 2(b)(1). In 

22 making such recommendations, the Commission 

23 shall address, among other issues, the following: 

24 (A) How such recommendations comport 

25 with international standards of remedy for 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 1083 IS

1 wrongs and injuries caused by the State, which 

2 include full reparations and special measures, 

3 as understood by various relevant international 

4 protocols, laws, and findings. 

5 (B) How the Government of the United 

6 States will offer a formal apology on behalf of 

7 the people of the United States for the per8 petration of gross human rights violations and 

9 crimes against humanity on African slaves and 

10 their descendants. 

11 (C) How Federal laws and policies that 

12 continue to disproportionately and negatively 

13 affect African-Americans as a group, and those 

14 that perpetuate the lingering effects, materially 

15 and psycho-social, can be eliminated. 

16 (D) How the injuries resulting from the 

17 matters described in paragraphs (1) through 

18 (5) and in subparagraphs (A) through (F) of 

19 section 2(b)(1) can be reversed and appropriate 

20 policies, programs, projects and recommenda21 tions for the purpose of reversing the injuries. 

22 (E) How, in consideration of the Commis23 sion’s findings, any form of compensation to the 

24 descendants of enslaved Africans is calculated. 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•S 1083 IS

1 (F) What form of compensation should be 

2 awarded, through what instrumentalities, and 

3 who should be eligible for such compensation. 

4 (G) How, in consideration of the Commis5 sion’s findings, any other forms of rehabilita6 tion or restitution to African descendants is 

7 warranted and what the form and scope of 

8 those measures should take. 

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

10 submit a written report of its findings and recommenda11 tions to the Congress not later than the date that is one 

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

13 held pursuant to section 4(c). 

14 SEC. 4. MEMBERSHIP. 

15 (a) IN GENERAL.— 

16 (1) NUMBER AND APPOINTMENT.—The Com17 mission shall be composed of 13 members, who shall 

18 be appointed, within 90 days after the date of enact19 ment of this Act, as follows: 

20 (A) Three members shall be appointed by 

21 the President. 

22 (B) Three members shall be appointed by 

23 the Speaker of the House of Representatives. 

24 (C) One member shall be appointed by the 

25 President pro tempore of the Senate. 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•S 1083 IS

1 (D) Six members shall be selected from the 

2 major civil society and reparations organiza3 tions that have historically championed the 

4 cause of reparatory justice. 

5 (2) QUALIFICATIONS.—All members of the 

6 Commission shall be persons who are especially 

7 qualified to serve on the Commission by virtue of 

8 their education, training, activism, or experience, 

9 particularly in the field of African-American studies 

10 and reparatory justice. 

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

12 be for the life of the Commission. A vacancy in the Com13 mission shall not affect the powers of the Commission and 

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

15 appointment was made. 

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

17 first meeting of the Commission within 120 days after the 

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

19 the date on which legislation is enacted making appropria20 tions to carry out this Act, whichever date is later. 

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

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

23 hearings. 

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

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


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•S 1083 IS

1 The term of office of each shall be for the life of the Com2 mission. 

3 (f) COMPENSATION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), each member of the Commission shall be 

6 compensated at a rate equal to the daily equivalent 

7 of the annual rate of basic pay established for a po8 sition at level V of the Executive Schedule under 

9 section 5316 of title 5, United States Code, for each 

10 day (including travel time) during which such mem11 ber is engaged in the performance of duties vested 

12 in the Commission. 

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

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

15 the United States or a Member of Congress shall re16 ceive no additional pay, allowances, or benefits by 

17 reason of the member’s service to the Commission. 

18 (3) TRAVEL EXPENSES.—All members of the 

19 Commission shall be reimbursed for travel, subsist20 ence, and other necessary expenses incurred by the 

21 members in the performance of their duties to the 

22 extent authorized by chapter 57 of title 5, United 

23 States Code. 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•S 1083 IS

1 SEC. 5. POWERS OF THE COMMISSION. 

2 (a) HEARINGS AND SESSIONS.—The Commission 

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

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

5 at such places in the United States, and request the at6 tendance and testimony of such witnesses and the produc7 tion of such books, records, correspondence, memoranda, 

8 papers, and documents, as the Commission considers ap9 propriate. The Commission may invoke the aid of an ap10 propriate United States district court to require, by sub11 poena or otherwise, such attendance, testimony, or pro12 duction. 

13 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

14 Any subcommittee or member of the Commission may, if 

15 authorized by the Commission, take any action which the 

16 Commission is authorized to take under this section. 

17 (c) OBTAINING OFFICIAL DATA.—The Commission 

18 may acquire directly from the head of any department, 

19 agency, or instrumentality of the executive branch of the 

20 Federal Government, available information which the 

21 Commission considers useful in the discharge of its duties. 

22 All departments, agencies, and instrumentalities of the ex23 ecutive branch of the Government shall cooperate with the 

24 Commission with respect to such information and shall 

25 furnish all information requested by the Commission to 

26 the extent permitted by law. 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•S 1083 IS

1 SEC. 6. ADMINISTRATIVE PROVISIONS. 

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

3 the civil service laws and regulations, appoint and fix the 

4 compensation of such personnel as the Commission con5 siders appropriate. 

6 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

7 LAWS.—The personnel of the Commission may be ap8 pointed without regard to the provisions of title 5, United 

9 States Code, governing appointments in the competitive 

10 service, and without regard to the provisions of chapter 

11 51 and subchapter III of chapter 53 of such title, relating 

12 to classification and General Schedule pay rates, except 

13 that the rate of basic pay of any employee of the Commis14 sion may not exceed the rate of basic pay established for 

15 a position at level V of the Executive Schedule under sec16 tion 5316 of such title. 

17 (c) EXPERTS AND CONSULTANTS.—The Commission 

18 may procure the services of experts and consultants in ac19 cordance with the provisions of section 3109(b) of title 5, 

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

21 exceed the daily equivalent of the annual rate of basic pay 

22 established for a position at level V of the Executive 

23 Schedule under section 5316 of such title. 

24 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

25 Commission may enter into agreements with the Adminis26 trator of General Services for procurement of financial 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•S 1083 IS

1 and administrative services necessary for the discharge of 

2 the duties of the Commission. Payment for such services 

3 shall be made by reimbursement from funds of the Com4 mission in such amounts as may be agreed upon by the 

5 Chairman of the Commission and the Administrator. 

6 (e) CONTRACTS.—The Commission may— 

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

8 contract in accordance with applicable laws and reg9 ulations and to the extent or in such amounts as are 

10 provided in appropriations Acts; and 

11 (2) enter into contracts with departments, 

12 agencies, and instrumentalities of the Federal Gov13 ernment, State agencies, and private firms, institu14 tions, and agencies, for the conduct of research or 

15 surveys, the preparation of reports, and other activi16 ties necessary for the discharge of the duties of the 

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

18 provided in appropriations Acts. 

19 SEC. 7. TERMINATION. 

20 The Commission shall terminate 90 days after the 

21 date on which the Commission submits its report to the 

22 Congress under section 3(c). 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•S 1083 IS

1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 To carry out the provisions of this Act, there are au3 thorized to be appropriated $12,000,000. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS