Commission to Study and Develop Reparation Proposals for African Americans Act

Subjects: Civil Rights and Liberties, Minority Issues, Advisory bodies, Civics education, Congressional oversight, Constitution and constitutional amendments, Evidence and witnesses, Federal district courts, Government liability, Government studies and investigations, Human rights, Public contracts and procurement, Racial and ethnic relations, State and local government operations, U.S. history, War crimes, genocide, crimes against humanity

Summary:  <p><b>Commission to Study and Develop Reparation Proposals for African Americans Act</b></p> <p>This bill establishes the Commission to Study and Develop Reparation Proposals for African Americans. </p> <p>The commission must (1) compile documentary evidence of slavery in the United States; (2) study the role of the federal and state governments in supporting the institution of slavery; (3) analyze discriminatory laws and policies against freed African slaves and their descendants; and (4) recommend ways the United States may recognize and remedy the effects of slavery and discrimination on African Americans, including through a formal apology and compensation (i.e., reparations).</p> <p>The commission consists of individuals from civil society and reparations organizations and individuals appointed by the President and congressional leadership; Members of Congress and governmental employees may not serve on the commission. The commission may hold hearings, subpoena witnesses and records, and contract with other entities to conduct its work. </p> <p>The commission must submit its final report within 18 months of its first meeting.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 40 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 H. R. 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 HOUSE OF REPRESENTATIVES

                            January 9, 2023

Ms. Jackson Lee (for herself, Ms. Kelly of Illinois, Ms. Pressley, Mr. 
Mfume, Ms. Schakowsky, Ms. Plaskett, Mr. Davis of Illinois, Mr. Kilmer, 
  Ms. Wilson of Florida, Mr. Garamendi, Ms. Adams, Mr. Torres of New 
 York, Mr. Carson, Ms. Norton, Ms. Jacobs, Ms. Lee of California, Mr. 
Carter of Louisiana, Mr. Johnson of Georgia, Mr. Costa, Ms. Sewell, Ms. 
Chu, Mrs. Dingell, Mr. McGovern, Mr. Pocan, Mr. Phillips, Mrs. Beatty, 
   Mr. Blumenauer, Mr. Lieu, Mr. Bowman, Ms. Moore of Wisconsin, Mr. 
Cuellar, Mrs. Watson Coleman, Mr. Doggett, Mr. Ruppersberger, Mr. Boyle 
 of Pennsylvania, Mr. Keating, Mr. Espaillat, Ms. Bush, Ms. Bonamici, 
Mr. Thanedar, Mr. Neguse, Ms. Williams of Georgia, Mr. Case, Ms. Tlaib, 
    Ms. Crockett, Mr. Quigley, Ms. Titus, Ms. Tokuda, Mr. Bishop of 
  Georgia, Mr. Castro of Texas, Mr. Jackson of Illinois, Ms. Kamlager-
   Dove, and Mr. Horsford) introduced the following bill; which was 
               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) the brutal overthrow of Reconstruction, which 
        represented a significant but constrained moment of advances 
        for Black rights as epitomized by the 13th, 14th, and 15th 
        Amendments to the Constitution, the Civil Rights Acts of 1866 
        and 1875 and the Freedman's Bureau, failed African Americans by 
        failing to ensure their safety and security;
            (6) following the abolition of slavery and end of 
        Reconstruction the United States Government, through laws 
        enacted at the Federal, State, and local level, continued to 
        perpetuate, condone and 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, resulting in stolen labor and 
        ultimately forestalling landmark contributions in science, 
        arts, commerce and public service;
            (7) the civil rights movement, and other efforts to redress 
        grievances arising from systemic inequities, were sabotaged, 
        both intentionally and unintentionally, thus rendering the 
        accomplishments of those efforts transitory and unsustainable, 
        and further embedding racial inequality in society;
            (8) examples of discriminatory Federal Government actions 
        directed against African Americans include--
                    (A) the creation of the Federal Housing 
                Administration, which adopted specific policies 
                designed to incentivize residential segregation;
                    (B) the enactment of legislation creating the 
                Social Security program, for which most African 
                Americans were purposely rendered ineligible during its 
                first two decades;
                    (C) the Servicemen's Readjustment Act of 1944 
                (commonly known as the GI Bill of Rights; 58 Stat. 284, 
                chapter 268), which left administration of its programs 
                to the States, thus enabling discrimination against 
                African-American veterans; and
                    (D) the Fair Labor Standards Act of 1938, which 
                allowed labor unions to discriminate based on race; and
            (9) as a result of the historic and continued 
        discrimination, African Americans continue to suffer 
        debilitating economic, educational, and health hardships 
        including but not limited to 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 study and develop Reparation proposals for African Americans as a 
result of--
            (1) the institution of slavery, including both the Trans-
        Atlantic and the domestic ``trade'' which existed from 1565 in 
        colonial Florida and from 1619 through 1865 within the other 
        colonies that became the United States, and which included the 
        Federal and State governments which constitutionally and 
        statutorily supported the institution of slavery;
            (2) 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;
            (3) the lingering negative effects of the institution of 
        slavery and the discrimination described in paragraphs (1) and 
        (2) on living African Americans and on society in the United 
        States;
            (4) 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;
            (5) the role of Northern complicity in the Southern based 
        institution of slavery;
            (6) the direct benefits to societal institutions, public 
        and private, including higher education, corporations, 
        religious, and associational;
            (7) and thus, recommend appropriate ways to educate the 
        American public of the Commission's findings to advance racial 
        healing, understanding, and transformation;
            (8) and thus, recommend appropriate remedies in 
        consideration of the Commission's findings on the matters 
        described in paragraphs (1) through (7); and
            (9) submit to the Congress the results of such examination, 
        together with such recommendations.

SEC. 3. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established in the legislative branch 
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 within the United States and the colonies that 
        became the United States from 1619 through 1865. The 
        Commission's documentation and examination shall include 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 and their 
                descendants as chattel property in interstate and 
                intrastate commerce;
                    (D) the treatment of African slaves and their 
                descendants 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; and
                    (E) the extensive denial of humanity, sexual abuse, 
                and the chatellization of persons.
            (2) Study and analyze the role which the Federal and State 
        governments of the United States supported the institution of 
        slavery in constitutional and statutory provisions, including 
        the extent to which such governments prevented, opposed, or 
        restricted efforts of formerly enslaved Africans and their 
        descendants to repatriate to their homeland.
            (3) Study and analyze the effects of laws enacted by the 
        Federal Government and State governments with discriminatory 
        intent or discriminatory effect on the formerly enslaved 
        Africans and their descendants following the overdue 
        recognition of such persons as United States citizens beginning 
        in 1868.
            (4) Study and analyze the other forms of discrimination in 
        the public and private sectors against freed African slaves and 
        their descendants who were belatedly accorded their rightful 
        status as United States citizens from 1868 to the present, 
        including redlining, educational funding discrepancies, and 
        predatory financial practices.
            (5) Study and analyze the lingering negative effects of the 
        institution of slavery and the matters described in paragraphs 
        (1) through (7) of section 2(b) on living African Americans and 
        on society in the United States.
            (6) Recommend appropriate ways to educate the American 
        public of the Commission's findings to advance racial healing, 
        understanding, and transformation.
            (7) Recommend appropriate remedies in consideration of the 
        Commission's findings on the matters described in paragraphs 
        (1), (2), (3), (4), (5), and (6). 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 State, that include full 
                reparations and special measures, as understood by 
                various relevant international protocols, laws, and 
                findings.
                    (B) How the Government of the United States 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 matters 
                described in paragraphs (1), (2), (3), (4), (5), and 
                (6) 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, and who should be 
                eligible for such compensation.
                    (G) How, in consideration of the Commission's 
                finding, what forms of satisfaction, in addition to 
                apology, should be implemented in an effort toward 
                return of dignity and racial healing, and 
                reconciliation.
                    (H) How, in consideration of the Commission's 
                findings, any other forms 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 which is 18 months after the date of the first meeting of 
the full Commission held pursuant to section 4(f).

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Membership.--The Commission shall be composed of 15 
        members, who shall be appointed as follows:
                    (A) Politically appointed members.--Not later than 
                60 days after the date of enactment of this Act:
                            (i) Three members shall be appointed by the 
                        President.
                            (ii) Three members shall be appointed by 
                        the Speaker of the House of Representatives, in 
                        consultation with the committee of jurisdiction 
                        of the House.
                            (iii) Three members shall be appointed by 
                        the President pro tempore of the Senate, in 
                        consultation with the committee of jurisdiction 
                        of the Senate.
                    (B) Subject matter experts.--Not later than 60 days 
                after the appointment of the Director under section 
                6(a), six members, who shall be individuals appointed 
                by the Director, and approved by a majority of the 
                members appointed under subparagraph (A). Such 
                individuals shall be 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 in the field of African-American studies and 
        reparatory justice.
            (3) Limitation.--No person who is a member of Congress or 
        an officer or employee of the Federal Government or any State 
        or local government may serve as a member of the Commission.
    (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) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (d) Vacancies.--Any vacancy on the Commission shall--
            (1) not affect the powers of the Commission; and
            (2) be filled in the same manner in which the original 
        appointment was made.
    (e) Chair and Vice-Chair.--There shall be a Chair and a Vice Chair 
of the Commission selected jointly by the majority leader of the Senate 
and the Speaker of the House of Representatives, in consultation with 
the committees of jurisdiction. The term of office of each shall be for 
the life of the Commission.
    (f) Initial Meeting of Full Commission.--The Chair shall call an 
initial meeting of the full Commission not later than 45 days after the 
appointment of all members under subsection (a)(1)(B).

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for purposes of 
carrying out this Act--
            (1) hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of witnesses and the production of books, records, 
        correspondence, memoranda, papers, and documents.
    (b) Subpoenas.--
            (1) Service.--Subpoenas issued under this section may be 
        served by any person designated by the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under this section, 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any failure to obey the 
                order of the court may be punished by the court as a 
                contempt of that court.
                    (B) Additional enforcement.--Sections 102 through 
                104 of the Revised Statutes of the United States (2 
                U.S.C. 192 through 194) shall apply in the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under the authority of this 
                section.
                    (C) Issuance.--A subpoena may be issued under this 
                section only--
                            (i) by the agreement of the Chair and the 
                        Vice Chair; or
                            (ii) by the affirmative vote of a majority 
                        of the Commission, a majority being present.
    (c) Contracting.--To the extent or in amounts provided in 
Appropriations acts, and subject to the applicable laws and 
regulations, the Commission may enter into contracts with government 
entities, private entities, or persons for goods or services, including 
for conducting research or surveys, the preparation of reports, and 
other activities necessary for the discharge of the duties of the 
Commission.
    (d) Information From Federal Agencies and Other Entities.--The 
Commission may secure directly from any department, agency, bureau, 
board, commission, office, independent establishment, or 
instrumentality of the United States any information related to any 
inquiry of the Commission conducted under this Act, including 
information of a confidential nature (which the Commission shall 
maintain in a secure manner). Each such department, agency, bureau, 
board, commission, office, independent establishment, or 
instrumentality shall furnish such information directly to the 
Commission upon request.
    (e) Administrative Support Services.--Upon the request of the 
Commission--
            (1) the Administrator of General Services shall provide to 
        the Commission, on a reimbursable basis, the administrative 
        support services necessary for the Commission to carry out its 
        responsibilities under this Act; and
            (2) other Federal departments and agencies may pro vide to 
        the Commission any administrative support services as may be 
        determined by the head of such department or agency to be 
        advisable and authorized by law.
    (f) Donations of Goods and Services.--The Commission may accept, 
use, and dispose of gifts or donations of services or property.
    (g) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (h) Powers of Subcommittees, Members, and Agents.--Any 
subcommittee, member, or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is authorized to 
take by this section.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Director.--The Commission shall have a Director who shall be, 
not later than 60 days after the appointment of all members appointed 
under section 4(a)(1)(A), jointly selected by the Chair and Vice Chair, 
subject to approval by a majority vote of such members.
    (b) Staff.--The Chair and the Vice Chair may jointly appoint 
additional personnel, as may be necessary, to enable the Commission to 
carry out its functions.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid with out 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 
no rate of pay fixed under this paragraph may exceed the equivalent of 
that payable for a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. Any individual appointed 
under this section shall be treated as an employee for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (e) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    (f) Compensation and Travel Expenses.--
            (1) Compensation.--Each member of the Commission may 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 during which that member is engaged 
        in the actual performance of the duties of the Commission.
            (2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.
    (g) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

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 $20,000,000.
                                 &lt;all&gt;
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