Commission to Study and Develop Reparation Proposals for African Americans Act

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 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 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 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. VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 2 •S 40 IS 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 (2) the institution of slavery was constitu- 13 tionally and statutorily sanctioned by the Govern- 14 ment of the United States from 1789 through 1865; 15 (3) the slavery that flourished in the United 16 States constituted an immoral and inhumane depri- 17 vation of Africans’ life, liberty, African citizenship 18 rights, and cultural heritage, and denied them the 19 fruits of their own labor; 20 (4) a preponderance of scholarly, legal, commu- 21 nity evidentiary documentation and popular culture 22 markers constitute the basis for inquiry into the on- 23 going effects of the institution of slavery and its leg- 24 acy of persistent systemic structures of discrimina- 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 3 •S 40 IS tion on living African Americans and society in the 1 United States; 2 (5) following the abolition of slavery the United 3 States Government, at the Federal, State, and local 4 level, continued to perpetuate, condone and often 5 profit from practices that continued to brutalize and 6 disadvantage African Americans, including share 7 cropping, convict leasing, Jim Crow, redlining, un- 8 equal education, and disproportionate treatment at 9 the hands of the criminal justice system; and 10 (6) as a result of the historic and continued dis- 11 crimination, African Americans continue to suffer 12 debilitating economic, educational, and health hard- 13 ships including but not limited to having nearly 14 1,000,000 Black people incarcerated; an unemploy- 15 ment rate more than twice the current White unem- 16 ployment rate; and an average of less than 1⁄16 of 17 the wealth of White families, a disparity which has 18 worsened, not improved over time. 19 (b) PURPOSE.—The purpose of this Act is to estab- 20 lish a commission to study and develop reparation pro- 21 posals for African Americans as a result of— 22 (1) the institution of slavery, including both the 23 Trans-Atlantic and the domestic ‘‘trade’’ which ex- 24 isted from 1565 in colonial Florida and from 1619 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 4 •S 40 IS through 1865 within the other colonies that became 1 the United States, and which included the Federal 2 and State governments which constitutionally and 3 statutorily supported the institution of slavery; 4 (2) the de jure and de facto discrimination 5 against freed slaves and their descendants from the 6 end of the Civil War to the present, including eco- 7 nomic, political, educational, and social discrimina- 8 tion; 9 (3) the lingering negative effects of the institu- 10 tion of slavery and the discrimination described in 11 paragraphs (1) and (2) on living African Americans 12 and on society in the United States; 13 (4) the manner in which textual and digital in- 14 structional resources and technologies are being used 15 to deny the inhumanity of slavery and the crime 16 against humanity of people of African descent in the 17 United States; 18 (5) the role of Northern complicity in the 19 Southern based institution of slavery; 20 (6) the direct benefits to societal institutions, 21 public and private, including higher education, cor- 22 porations, religious and associational; 23 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 5 •S 40 IS (7) and thus, recommend appropriate ways to 1 educate the American public of the Commission’s 2 findings; 3 (8) and thus, recommend appropriate remedies 4 in consideration of the Commission’s findings on the 5 matters described in paragraphs (1), (2), (3), (4), 6 (5), and (6); and 7 (9) submit to the Congress the results of such 8 examination, together with such recommendations. 9 SEC. 3. ESTABLISHMENT AND DUTIES. 10 (a) ESTABLISHMENT.—There is established the Com- 11 mission to Study and Develop Reparation Proposals for 12 African Americans (hereinafter in this Act referred to as 13 the ‘‘Commission’’). 14 (b) DUTIES.—The Commission shall perform the fol- 15 lowing duties: 16 (1) Identify, compile and synthesize the relevant 17 corpus of evidentiary documentation of the institu- 18 tion of slavery which existed within the United 19 States and the colonies that became the United 20 States from 1619 through 1865. The Commission’s 21 documentation and examination shall include but not 22 be limited to the facts related to— 23 (A) the capture and procurement of Afri- 24 cans; 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 6 •S 40 IS (B) the transport of Africans to the United 1 States and the colonies that became the United 2 States for the purpose of enslavement, including 3 their treatment during transport; 4 (C) the sale and acquisition of Africans as 5 chattel property in interstate and intrastate 6 commerce; 7 (D) the treatment of African slaves in the 8 colonies and the United States, including the 9 deprivation of their freedom, exploitation of 10 their labor, and destruction of their culture, 11 language, religion, and families; and 12 (E) the extensive denial of humanity, sex- 13 ual abuse and the chatellization of persons. 14 (2) The role which the Federal and State gov- 15 ernments of the United States supported the institu- 16 tion of slavery in constitutional and statutory provi- 17 sions, including the extent to which such govern- 18 ments prevented, opposed, or restricted efforts of 19 formerly enslaved Africans and their descendants to 20 repatriate to their homeland. 21 (3) The Federal and State laws that discrimi- 22 nated against formerly enslaved Africans and their 23 descendants who were deemed United States citizens 24 from 1868 to the present. 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 7 •S 40 IS (4) The other forms of discrimination in the 1 public and private sectors against freed African 2 slaves and their descendants who were deemed 3 United States citizens from 1868 to the present, in- 4 cluding redlining, educational funding discrepancies, 5 and predatory financial practices. 6 (5) The lingering negative effects of the institu- 7 tion of slavery and the matters described in para- 8 graphs (1), (2), (3), (4), (5), and (6) on living Afri- 9 can Americans and on society in the United States. 10 (6) Recommend appropriate ways to educate 11 the American public of the Commission’s findings. 12 (7) Recommend appropriate remedies in consid- 13 eration of the Commission’s findings on the matters 14 described in paragraphs (1), (2), (3), (4), (5), and 15 (6). In making such recommendations, the Commis- 16 sion shall address among other issues, the following 17 questions: 18 (A) How such recommendations comport 19 with international standards of remedy for 20 wrongs and injuries caused by the State, that 21 include full reparations and special measures, 22 as understood by various relevant international 23 protocols, laws, and findings. 24 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 8 •S 40 IS (B) How the Government of the United 1 States will offer a formal apology on behalf of 2 the people of the United States for the per- 3 petration of gross human rights violations and 4 crimes against humanity on African slaves and 5 their descendants. 6 (C) How Federal laws and policies that 7 continue to disproportionately and negatively 8 affect African Americans as a group, and those 9 that perpetuate the lingering effects, materially 10 and psycho-social, can be eliminated. 11 (D) How the injuries resulting from mat- 12 ters described in paragraphs (1), (2), (3), (4), 13 (5), and (6) can be reversed and provide appro- 14 priate policies, programs, projects and rec- 15 ommendations for the purpose of reversing the 16 injuries. 17 (E) How, in consideration of the Commis- 18 sion’s findings, any form of compensation to the 19 descendants of enslaved African is calculated. 20 (F) What form of compensation should be 21 awarded, through what instrumentalities and 22 who should be eligible for such compensation. 23 (G) How, in consideration of the Commis- 24 sion’s findings, any other forms of rehabilita- 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 9 •S 40 IS tion or restitution to African descendants is 1 warranted and what the form and scope of 2 those measures should take. 3 (c) REPORT TO CONGRESS.—The Commission shall 4 submit a written report of its findings and recommenda- 5 tions to the Congress not later than the date which is one 6 year after the date of the first meeting of the Commission 7 held pursuant to section 4(c). 8 SEC. 4. MEMBERSHIP. 9 (a) NUMBER AND APPOINTMENT.—(1) The Commis- 10 sion shall be composed of 13 members, who shall be ap- 11 pointed, within 90 days after the date of enactment of this 12 Act, as follows: 13 (A) Three members shall be appointed by the 14 President. 15 (B) Three members shall be appointed by the 16 Speaker of the House of Representatives. 17 (C) One member shall be appointed by the 18 President pro tempore of the Senate. 19 (D) Six members shall be selected from the 20 major civil society and reparations organizations 21 that have historically championed the cause of 22 reparatory justice. 23 (2) All members of the Commission shall be persons 24 who are especially qualified to serve on the Commission 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 10 •S 40 IS by virtue of their education, training, activism or experi- 1 ence, particularly in the field of African-American studies 2 and reparatory justice. 3 (b) TERMS.—The term of office for members shall 4 be for the life of the Commission. A vacancy in the Com- 5 mission shall not affect the powers of the Commission and 6 shall be filled in the same manner in which the original 7 appointment was made. 8 (c) FIRST MEETING.—The President shall call the 9 first meeting of the Commission within 120 days after the 10 date of the enactment of this Act or within 30 days after 11 the date on which legislation is enacted making appropria- 12 tions to carry out this Act, whichever date is later. 13 (d) QUORUM.—Seven members of the Commission 14 shall constitute a quorum, but a lesser number may hold 15 hearings. 16 (e) CHAIR AND VICE CHAIR.—The Commission shall 17 elect a Chair and Vice Chair from among its members. 18 The term of office of each shall be for the life of the Com- 19 mission. 20 (f) COMPENSATION.—(1) Except as provided in para- 21 graph (2), each member of the Commission shall receive 22 compensation at the daily equivalent of the annual rate 23 of basic pay payable for GS–18 of the General Schedule 24 under section 5332 of title 5, United States Code, for each 25 VerDate Sep 11 2014 04:10 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S40.IS S40 kjohnson on DSK79L0C42PROD with BILLS 11 •S 40 IS day, including travel time, during which he or she is en- 1 gaged in the actual performance of duties vested in the 2 Commission. 3 (2) A member of the Commission who is a full-time 4 officer or employee of the United States or a Member of 5 Congress shall receive no additional pay, allowances, or 6 benefits by reason of his or her service to the Commission. 7 (3) All members of the Commission shall be reim- 8 bursed for travel, subsistence, and other necessary ex- 9 penses incurred by them in the performance of their duties 10 to the extent authorized by chapter 57 of title 5, United 11 States Code. 12 SEC. 5. POWERS OF THE COMMISSION. 13 (a) HEARINGS AND SESSIONS.—The Commission 14 may, for the purpose of carrying out the provisions of this 15 Act, hold such hearings and sit and act at such times and 16 at such places in the United States, and request the at- 17 tendance and testimony of such witnesses and the produc- 18 tion of such books, records, correspondence, memoranda, 19 papers, and documents, as the Commission considers ap- 20 propriate. The Commission may invoke the aid of an ap- 21 propriate United States district court to require, by sub- 22 poena or otherwise, such atten [Text truncated for display. Full text available on Congress.gov.]