Commission to Study and Develop Reparation Proposals for African Americans Act

I 117TH 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 discrimi- nation 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 4, 2021 Ms. JACKSON LEE (for herself, Ms. PLASKETT, Mr. RUSH, Mr. ESPAILLAT, Mrs. WATSON COLEMAN, Ms. NORTON, Ms. CASTOR of Florida, Ms. LEE of California, Mr. KHANNA, Mrs. BEATTY, Mr. MCNERNEY, Mr. NOR- CROSS, Mr. RUPPERSBERGER, Ms. ESHOO, Mr. COOPER, Mr. CONNOLLY, Ms. MENG, Mr. RASKIN, Mr. WELCH, Mrs. TRAHAN, Ms. PRESSLEY, Ms. CLARKE of New York, Mr. JEFFRIES, Mr. SARBANES, Mr. BISHOP of Georgia, Ms. DEGETTE, Mr. KILDEE, Ms. BONAMICI, Mr. GREEN of Texas, Ms. MOORE of Wisconsin, Mrs. DINGELL, Ms. ADAMS, Ms. WIL- LIAMS of Georgia, Mr. BEYER, Ms. CLARK of Massachusetts, Mr. CROW, Mr. SUOZZI, Mr. CICILLINE, Mr. NADLER, Mr. MCGOVERN, Ms. DELBENE, Mr. LYNCH, Mr. JONES, Mr. BLUMENAUER, Mr. KEATING, Mr. NEGUSE, Ms. BLUNT ROCHESTER, Mr. EVANS, Ms. SPEIER, Ms. MCCOLLUM, Ms. JAYAPAL, Mr. MEEKS, Ms. STRICKLAND, Ms. SCANLON, Ms. VELA´ZQUEZ, Mr. DEUTCH, Mr. COHEN, Mr. PAYNE, Mr. MORELLE, Ms. WILSON of Florida, Mrs. DEMINGS, Mr. BERA, Mr. TAKANO, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. SCHAKOWSKY, Mrs. LAW- RENCE, Ms. TITUS, Mr. LIEU, Mr. MFUME, Mr. CARSON, Ms. FUDGE, Mr. DAVID SCOTT of Georgia, Ms. BARRAGA´N, Mr. QUIGLEY, Mr. DANNY K. DAVIS of Illinois, Mr. VARGAS, Mr. LARSON of Connecticut, Mr. THOMPSON of Mississippi, Mr. BROWN, Ms. WASSERMAN SCHULTZ, Mr. LOWENTHAL, Mr. KILMER, Mr. NEAL, Mr. PALLONE, Ms. SEWELL, Ms. MATSUI, Mr. LAWSON of Florida, Mr. THOMPSON of California, Mr. YAR- MUTH, Mr. COSTA, Mr. HORSFORD, Ms. PINGREE, Mr. SOTO, Ms. DEAN, Mrs. HAYES, Mr. CASTEN, Mr. DESAULNIER, Mr. POCAN, Mr. GOMEZ, Mr. VEASEY, Miss RICE of New York, Ms. LOFGREN, Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. OMAR, Ms. BASS, Mr. PETERS, Ms. GARCIA of Texas, Ms. ESCOBAR, Mr. SWALWELL, Mr. BUTTERFIELD, Ms. KELLY VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 40 IH of Illinois, Mr. BOWMAN, Ms. OCASIO-CORTEZ, Ms. TLAIB, Ms. CHU, Mr. PANETTA, Mr. FOSTER, and Ms. BUSH) 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 estab- lish a commission to study and consider a national apol- ogy 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 appro- priate remedies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Commission to Study 4 and Develop Reparation Proposals for African Americans 5 Act’’. 6 SEC. 2. FINDINGS AND PURPOSE. 7 (a) FINDINGS.—The Congress finds that— 8 (1) approximately 4,000,000 Africans and their 9 descendants were enslaved in the United States and 10 colonies that became the United States from 1619 to 11 1865; 12 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 40 IH (2) the institution of slavery was constitu- 1 tionally and statutorily sanctioned by the Govern- 2 ment of the United States from 1789 through 1865; 3 (3) the slavery that flourished in the United 4 States constituted an immoral and inhumane depri- 5 vation of Africans’ life, liberty, African citizenship 6 rights, and cultural heritage, and denied them the 7 fruits of their own labor; 8 (4) a preponderance of scholarly, legal, commu- 9 nity evidentiary documentation and popular culture 10 markers constitute the basis for inquiry into the on- 11 going effects of the institution of slavery and its leg- 12 acy of persistent systemic structures of discrimina- 13 tion on living African Americans and society in the 14 United States; 15 (5) following the abolition of slavery the United 16 States Government, at the Federal, State, and local 17 level, continued to perpetuate, condone and often 18 profit from practices that continued to brutalize and 19 disadvantage African Americans, including share 20 cropping, convict leasing, Jim Crow, redlining, un- 21 equal education, and disproportionate treatment at 22 the hands of the criminal justice system; and 23 (6) as a result of the historic and continued dis- 24 crimination, African Americans continue to suffer 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 40 IH debilitating economic, educational, and health hard- 1 ships including but not limited to having nearly 2 1,000,000 Black people incarcerated; an unemploy- 3 ment rate more than twice the current White unem- 4 ployment rate; and an average of less than 1⁄16 of 5 the wealth of White families, a disparity which has 6 worsened, not improved over time. 7 (b) PURPOSE.—The purpose of this Act is to estab- 8 lish a commission to study and develop Reparation pro- 9 posals for African Americans as a result of— 10 (1) the institution of slavery, including both the 11 Trans-Atlantic and the domestic ‘‘trade’’ which ex- 12 isted from 1565 in colonial Florida and from 1619 13 through 1865 within the other colonies that became 14 the United States, and which included the Federal 15 and State governments which constitutionally and 16 statutorily supported the institution of slavery; 17 (2) the de jure and de facto discrimination 18 against freed slaves and their descendants from the 19 end of the Civil War to the present, including eco- 20 nomic, political, educational, and social discrimina- 21 tion; 22 (3) the lingering negative effects of the institu- 23 tion of slavery and the discrimination described in 24 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 40 IH paragraphs (1) and (2) on living African Americans 1 and on society in the United States; 2 (4) the manner in which textual and digital in- 3 structional resources and technologies are being used 4 to deny the inhumanity of slavery and the crime 5 against humanity of people of African descent in the 6 United States; 7 (5) the role of Northern complicity in the 8 Southern based institution of slavery; 9 (6) the direct benefits to societal institutions, 10 public and private, including higher education, cor- 11 porations, religious and associational; 12 (7) and thus, recommend appropriate ways to 13 educate the American public of the Commission’s 14 findings; 15 (8) and thus, recommend appropriate remedies 16 in consideration of the Commission’s findings on the 17 matters described in paragraphs (1), (2), (3), (4), 18 (5), and (6); and 19 (9) submit to the Congress the results of such 20 examination, together with such recommendations. 21 SEC. 3. ESTABLISHMENT AND DUTIES. 22 (a) ESTABLISHMENT.—There is established the Com- 23 mission to Study and Develop Reparation Proposals for 24 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 40 IH African Americans (hereinafter in this Act referred to as 1 the ‘‘Commission’’). 2 (b) DUTIES.—The Commission shall perform the fol- 3 lowing duties: 4 (1) Identify, compile and synthesize the relevant 5 corpus of evidentiary documentation of the institu- 6 tion of slavery which existed within the United 7 States and the colonies that became the United 8 States from 1619 through 1865. The Commission’s 9 documentation and examination shall include but not 10 be limited to the facts related to— 11 (A) the capture and procurement of Afri- 12 cans; 13 (B) the transport of Africans to the United 14 States and the colonies that became the United 15 States for the purpose of enslavement, including 16 their treatment during transport; 17 (C) the sale and acquisition of Africans as 18 chattel property in interstate and intrastate 19 commerce; 20 (D) the treatment of African slaves in the 21 colonies and the United States, including the 22 deprivation of their freedom, exploitation of 23 their labor, and destruction of their culture, 24 language, religion, and families; and 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 40 IH (E) the extensive denial of humanity, sex- 1 ual abuse and the chatellization of persons. 2 (2) The role which the Federal and State gov- 3 ernments of the United States supported the institu- 4 tion of slavery in constitutional and statutory provi- 5 sions, including the extent to which such govern- 6 ments prevented, opposed, or restricted efforts of 7 formerly enslaved Africans and their descendants to 8 repatriate to their homeland. 9 (3) The Federal and State laws that discrimi- 10 nated against formerly enslaved Africans and their 11 descendants who were deemed United States citizens 12 from 1868 to the present. 13 (4) The other forms of discrimination in the 14 public and private sectors against freed African 15 slaves and their descendants who were deemed 16 United States citizens from 1868 to the present, in- 17 cluding redlining, educational funding discrepancies, 18 and predatory financial practices. 19 (5) The lingering negative effects of the institu- 20 tion of slavery and the matters described in para- 21 graphs (1), (2), (3), (4), (5), and (6) on living Afri- 22 can Americans and on society in the United States. 23 (6) Recommend appropriate ways to educate 24 the American public of the Commission’s findings. 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 40 IH (7) Recommend appropriate remedies in consid- 1 eration of the Commission’s findings on the matters 2 described in paragraphs (1), (2), (3), (4), (5), and 3 (6). In making such recommendations, the Commis- 4 sion shall address among other issues, the following 5 questions: 6 (A) How such recommendations comport 7 with international standards of remedy for 8 wrongs and injuries caused by the State, that 9 include full reparations and special measures, 10 as understood by various relevant international 11 protocols, laws, and findings. 12 (B) How the Government of the United 13 States will offer a formal apology on behalf of 14 the people of the United States for the per- 15 petration of gross human rights violations and 16 crimes against humanity on African slaves and 17 their descendants. 18 (C) How Federal laws and policies that 19 continue to disproportionately and negatively 20 affect African Americans as a group, and those 21 that perpetuate the lingering effects, materially 22 and psycho-social, can be eliminated. 23 (D) How the injuries resulting from mat- 24 ters described in paragraphs (1), (2), (3), (4), 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 40 IH (5), and (6) can be reversed and provide appro- 1 priate policies, programs, projects and rec- 2 ommendations for the purpose of reversing the 3 injuries. 4 (E) How, in consideration of the Commis- 5 sion’s findings, any form of compensation to the 6 descendants of enslaved African is calculated. 7 (F) What form of compensation should be 8 awarded, through what instrumentalities and 9 who should be eligible for such compensation. 10 (G) How, in consideration of the Commis- 11 sion’s findings, any other forms of rehabilita- 12 tion or restitution to African descendants is 13 warranted and what the form and scope of 14 those measures should take. 15 (c) REPORT TO CONGRESS.—The Commission shall 16 submit a written report of its findings and recommenda- 17 tions to the Congress not later than the date which is one 18 year after the date of the first meeting of the Commission 19 held pursuant to section 4(c). 20 SEC. 4. MEMBERSHIP. 21 (a) NUMBER AND APPOINTMENT.—(1) The Commis- 22 sion shall be composed of 13 members, who shall be ap- 23 pointed, within 90 days after the date of enactment of this 24 Act, as follows: 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 40 IH (A) Three members shall be appointed by the 1 President. 2 (B) Three members shall be appointed by the 3 Speaker of the House of Representatives. 4 (C) One member shall be appointed by the 5 President pro tempore of the Senate. 6 (D) Six members shall be selected from the 7 major civil society and reparations organizations 8 that have historically championed the cause of 9 reparatory justice. 10 (2) All members of the Commission shall be persons 11 who are especially qualified to serve on the Commission 12 by virtue of their education, training, activism or experi- 13 ence, particularly in the field of African American studies 14 and reparatory justice. 15 (b) TERMS.—The term of office for members shall 16 be for the life of the Commission. A vacancy in the Com- 17 mission shall not affect the powers of the Commission and 18 shall be filled in the same manner in which the original 19 appointment was made. 20 (c) FIRST MEETING.—The President shall call the 21 first meeting of the Commission within 120 days after the 22 date of the enactment of this Act or within 30 days after 23 the date on which legislation is enacted making appropria- 24 tions to carry out this Act, whichever date is later. 25 VerDate Sep 11 2014 19:31 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H40.IH H40 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 40 IH (d) QUORUM.—Seven members of the Commission 1 shall constitute a quorum, but a lesser number may hold 2 hearings. 3 (e) CHAIR AND VICE CHAIR.—The Commission shall 4 elect a Chair and Vice Chair from among its members. [Text truncated for display. Full text available on Congress.gov.]