H.R. 40 Commission to Study and Develop Reparation Proposals for African-Americans Act

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 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 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 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 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1083 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 ‘‘H.R. 40 Commission 4 to Study and Develop Reparation Proposals for African- 5 Americans 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 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 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 levels, 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 having nearly 1,000,000 Black peo- 14 ple incarcerated, an unemployment rate more than 15 twice the current White unemployment rate, and an 16 average of less than 1⁄16 of the wealth of White fami- 17 lies, a disparity which has worsened, not improved, 18 over time. 19 (b) PURPOSE.—The purpose of this Act is to— 20 (1) establish a commission to study and develop 21 Reparation proposals for African-Americans as a re- 22 sult of— 23 (A) the institution of slavery, including 24 both the Trans-Atlantic and the domestic 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1083 IS ‘‘trade’’ which existed from 1565 in colonial 1 Florida and from 1619 through 1865 within 2 the other colonies that became the United 3 States, and which included the Federal and 4 State governments that constitutionally and 5 statutorily supported the institution of slavery; 6 (B) the de jure and de facto discrimination 7 against freed slaves and their descendants from 8 the end of the Civil War to the present, includ- 9 ing economic, political, educational, and social 10 discrimination; 11 (C) the lingering negative effects of the in- 12 stitution of slavery and the discrimination de- 13 scribed in subparagraphs (A) and (B) on living 14 African-Americans and on society in the United 15 States; 16 (D) the manner in which textual and dig- 17 ital instructional resources and technologies are 18 being used to deny the inhumanity of slavery 19 and the crime against humanity of people of Af- 20 rican descent in the United States; 21 (E) the role of Northern complicity in the 22 Southern based institution of slavery; and 23 (F) the direct benefits of the institutions 24 and systems described in subparagraphs (A) 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1083 IS through (C) to societal institutions, public and 1 private (including higher education and cor- 2 porations), religious and associational; 3 (2) recommend appropriate ways to educate the 4 people of the United States of the Commission’s 5 findings; 6 (3) recommend appropriate remedies in consid- 7 eration of the Commission’s findings on the matters 8 described in subparagraphs (A) through (F) of para- 9 graph (1); and 10 (4) submit to the Congress the results of such 11 examination and the recommendations of the Com- 12 mission. 13 SEC. 3. ESTABLISHMENT AND DUTIES. 14 (a) ESTABLISHMENT.—There is established the Com- 15 mission to Study and Develop Reparation Proposals for 16 African-Americans (hereinafter in this Act referred to as 17 the ‘‘Commission’’). 18 (b) DUTIES.—The Commission shall perform the fol- 19 lowing duties: 20 (1) Identify, compile, and synthesize the rel- 21 evant corpus of evidentiary documentation of the in- 22 stitution of slavery that existed within the United 23 States and the colonies that became the United 24 States from 1619 through 1865. The Commission’s 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1083 IS documentation and examination shall include the 1 facts related to— 2 (A) the capture and procurement of Afri- 3 cans; 4 (B) the transport of Africans to the United 5 States and the colonies that became the United 6 States for the purpose of enslavement, including 7 their treatment during transport; 8 (C) the sale and acquisition of Africans as 9 chattel property in interstate and intrastate 10 commerce; 11 (D) the treatment of African slaves in the 12 colonies and the United States, including the 13 deprivation of their freedom, exploitation of 14 their labor, and destruction of their culture, 15 language, religion, and families; and 16 (E) the extensive denial of humanity, sex- 17 ual abuse, and chatellization of persons. 18 (2) Examine the role of the Federal and State 19 governments of the United States in supporting the 20 institution of slavery in constitutional and statutory 21 provisions, including the extent to which such gov- 22 ernments prevented, opposed, or restricted efforts of 23 formerly enslaved Africans and their descendants to 24 repatriate to their homeland. 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1083 IS (3) Examine the Federal and State laws that 1 discriminated against formerly enslaved Africans 2 and their descendants who were deemed United 3 States citizens from 1868 to the present. 4 (4) Examine the other forms of discrimination 5 in the public and private sectors against freed Afri- 6 can slaves and their descendants who were deemed 7 United States citizens from 1868 to the present, in- 8 cluding redlining, educational funding discrepancies, 9 and predatory financial practices. 10 (5) Examine the lingering negative effects of 11 the institution of slavery and the matters described 12 in paragraphs (1) through (4) and in subparagraphs 13 (A) through (F) of section 2(b)(1) on living African- 14 Americans and on society in the United States. 15 (6) Recommend appropriate ways to educate 16 the American public of the Commission’s findings. 17 (7) Recommend appropriate remedies in consid- 18 eration of the Commission’s findings on the matters 19 described in paragraphs (1) through (5) and in sub- 20 paragraphs (A) through (F) of section 2(b)(1). In 21 making such recommendations, the Commission 22 shall address, among other issues, the following: 23 (A) How such recommendations comport 24 with international standards of remedy for 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1083 IS wrongs and injuries caused by the State, which 1 include full reparations and special measures, 2 as understood by various relevant international 3 protocols, laws, and findings. 4 (B) How the Government of the United 5 States will offer a formal apology on behalf of 6 the people of the United States for the per- 7 petration of gross human rights violations and 8 crimes against humanity on African slaves and 9 their descendants. 10 (C) How Federal laws and policies that 11 continue to disproportionately and negatively 12 affect African-Americans as a group, and those 13 that perpetuate the lingering effects, materially 14 and psycho-social, can be eliminated. 15 (D) How the injuries resulting from the 16 matters described in paragraphs (1) through 17 (5) and in subparagraphs (A) through (F) of 18 section 2(b)(1) can be reversed and appropriate 19 policies, programs, projects and recommenda- 20 tions for the purpose of reversing the injuries. 21 (E) How, in consideration of the Commis- 22 sion’s findings, any form of compensation to the 23 descendants of enslaved Africans is calculated. 24 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1083 IS (F) What form of compensation should be 1 awarded, through what instrumentalities, and 2 who should be eligible for such compensation. 3 (G) How, in consideration of the Commis- 4 sion’s findings, any other forms of rehabilita- 5 tion or restitution to African descendants is 6 warranted and what the form and scope of 7 those measures should take. 8 (c) REPORT TO CONGRESS.—The Commission shall 9 submit a written report of its findings and recommenda- 10 tions to the Congress not later than the date that is one 11 year after the date of the first meeting of the Commission 12 held pursuant to section 4(c). 13 SEC. 4. MEMBERSHIP. 14 (a) IN GENERAL.— 15 (1) NUMBER AND APPOINTMENT.—The Com- 16 mission shall be composed of 13 members, who shall 17 be appointed, within 90 days after the date of enact- 18 ment of this Act, as follows: 19 (A) Three members shall be appointed by 20 the President. 21 (B) Three members shall be appointed by 22 the Speaker of the House of Representatives. 23 (C) One member shall be appointed by the 24 President pro tempore of the Senate. 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1083 IS (D) Six members shall be selected from the 1 major civil society and reparations organiza- 2 tions that have historically championed the 3 cause of reparatory justice. 4 (2) QUALIFICATIONS.—All members of the 5 Commission shall be persons who are especially 6 qualified to serve on the Commission by virtue of 7 their education, training, activism, or experience, 8 particularly in the field of African-American studies 9 and reparatory justice. 10 (b) TERMS.—The term of office for members shall 11 be for the life of the Commission. A vacancy in the Com- 12 mission shall not affect the powers of the Commission and 13 shall be filled in the same manner in which the original 14 appointment was made. 15 (c) FIRST MEETING.—The President shall call the 16 first meeting of the Commission within 120 days after the 17 date of the enactment of this Act or within 30 days after 18 the date on which legislation is enacted making appropria- 19 tions to carry out this Act, whichever date is later. 20 (d) QUORUM.—Seven members of the Commission 21 shall constitute a quorum, but a lesser number may hold 22 hearings. 23 (e) CHAIR AND VICE CHAIR.—The Commission shall 24 elect a Chair and Vice Chair from among its members. 25 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1083 IS The term of office of each shall be for the life of the Com- 1 mission. 2 (f) COMPENSATION.— 3 (1) IN GENERAL.—Except as provided in para- 4 graph (2), each member of the Commission shall be 5 compensated at a rate equal to the daily equivalent 6 of the annual rate of basic pay established for a po- 7 sition at level V of the Executive Schedule under 8 section 5316 of title 5, United States Code, for each 9 day (including travel time) during which such mem- 10 ber is engaged in the performance of duties vested 11 in the Commission. 12 (2) FEDERAL EMPLOYEES.—A member of the 13 Commission who is a full-time officer or employee of 14 the United States or a Member of Congress shall re- 15 ceive no additional pay, allowances, or benefits by 16 reason of the member’s service to the Commission. 17 (3) TRAVEL EXPENSES.—All members of the 18 Commission shall be reimbursed for travel, subsist- 19 ence, and other necessary expenses incurred by the 20 members in the performance of their duties to the 21 extent authorized by chapter 57 of title 5, United 22 States Code. 23 VerDate Sep 11 2014 20:51 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1083 IS SEC. 5. POWERS OF THE COMMISSION. 1 (a) HEARINGS AND SESSIONS.—The Commission 2 may, for the purpose of carrying out the provisions of this 3 Act, hold such hearings and sit and act at such times and 4 at such places in the U [Text truncated for display. Full text available on Congress.gov.]