What This Bill Does
This bill creates a commission (an official group of people appointed to study a specific issue) that will study slavery and discrimination against African Americans. The commission will examine slavery from 1619 to 1865 and the discrimination that followed, then recommend what the federal government should do about it, including whether to offer an apology and what kind of payment or help should be given.
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Who It Affects
- The 13-member commission (appointed by the President, House Speaker, Senate President pro tempore, and civil rights organizations)
- Congress (which receives the commission's recommendations)
- All federal government departments and agencies (which must provide information to the commission)
- African Americans (the group whose historical treatment the bill addresses)
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Key Provisions
- The bill establishes a 13-member Commission to Study and Develop Reparation Proposals for African Americans, with members appointed within 90 days by the President (3 members), Speaker of the House (3 members), Senate President pro tempore (1 member), and major civil rights organizations (6 members). (Sec. 4(a))
- The commission must study and document slavery from 1565 in colonial Florida and 1619 in other colonies through 1865, including how Africans were captured, transported, sold, enslaved, and treated, and what role the federal and state governments played in supporting slavery. (Sec. 3(b)(1))
- The commission must identify discrimination against freed slaves and their descendants from 1868 to the present, including redlining (the practice of refusing loans to people in certain neighborhoods), unequal school funding, and unfair financial practices. (Sec. 3(b)(2))
- The commission must recommend ways to educate the American public about its findings and must recommend appropriate remedies, addressing questions such as how to offer a formal federal apology, how to eliminate laws that harm African Americans today, and what form compensation should take. (Sec. 3(b)(4) and 3(b)(5))
- The commission must submit a written report to Congress no later than one year after its first meeting. (Sec. 3(c))
- The commission terminates 90 days after submitting its report to Congress. (Sec. 7)
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What Changes
If this bill becomes law, a new federal commission will be created and funded to investigate slavery and discrimination against African Americans from 1619 to the present. Federal agencies will be required to provide information and documents to the commission. Within one year of its first meeting, the commission will deliver recommendations to Congress about apologies, compensation, and other remedies. The commission will then automatically dissolve 90 days after delivering its report.
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Important Definitions
- **De jure discrimination**: discrimination required or permitted by law (Sec. 2(b)(1)(B))
- **De facto discrimination**: discrimination that occurs in practice even if not written into law (Sec. 2(b)(1)(B))
- **Reparations**: proposals for compensation or remedies for past wrongs (used throughout bill)
- **Redlining**: specific example given of discrimination by refusing loans or services to people in certain neighborhoods (Sec. 3(b)(2))
- **Chattel property**: people treated as objects that can be bought and sold (Sec. 3(b)(1)(C))
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Effective Date
Not specified in bill text
II
118TH 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 24 (legislative day, JANUARY 3), 2023
Mr. BOOKER (for himself, Mr. DURBIN, Mr. MARKEY, Mr. CASEY, Mr.
MERKLEY, Ms. HIRONO, Mrs. FEINSTEIN, Mr. SANDERS, Mr. CARDIN,
Ms. DUCKWORTH, Mr. KAINE, Ms. BALDWIN, Mr. PADILLA, Mr. VAN
HOLLEN, Mr. WHITEHOUSE, Ms. WARREN, Ms. KLOBUCHAR, Mr.
BROWN, Ms. SMITH, Mr. COONS, Mr. BLUMENTHAL, and Mrs. MURRAY)
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,
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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
(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
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•S 40 IS
acy of persistent systemic structures of discrimina-
1
tion on living African Americans and society in the
2
United States;
3
(5) following the abolition of slavery, govern-
4
ments at the Federal, State, and local levels contin-
5
ued to perpetuate, condone, and often profit from
6
practices that continued to brutalize and disadvan-
7
tage African Americans, including share cropping,
8
convict leasing, Jim Crow, redlining, unequal edu-
9
cation, and disproportionate treatment at the hands
10
of the criminal justice system; and
11
(6) as a result of the historic and continued dis-
12
crimination, African Americans continue to suffer
13
debilitating economic, educational, and health hard-
14
ships including having nearly 1,000,000 Black peo-
15
ple incarcerated; an unemployment rate more than
16
twice the current White unemployment rate; and an
17
average of less than 1⁄16 of the wealth of White fami-
18
lies, a disparity which has worsened, not improved,
19
over time.
20
(b) PURPOSE.—The purpose of this Act is to estab-
21
lish a commission to—
22
(1) study and develop reparation proposals for
23
African Americans as a result of—
24
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(A) the institution of slavery, including
1
both the Trans-Atlantic and the domestic
2
‘‘trade’’ which existed from 1565 in colonial
3
Florida, and from 1619 within the other colo-
4
nies that became the United States, through
5
1865, and which included the Federal and
6
State governments which constitutionally and
7
statutorily supported the institution of slavery;
8
(B) the de jure and de facto discrimination
9
against freed slaves and their descendants from
10
the end of the Civil War to the present, includ-
11
ing economic, political, educational, and social
12
discrimination;
13
(C) the lingering negative effects of the in-
14
stitution of slavery and the discrimination de-
15
scribed in subparagraphs (A) and (B) on living
16
African Americans and on society in the United
17
States;
18
(D) the manner in which textual and dig-
19
ital instructional resources and technologies are
20
being used to deny the inhumanity of slavery
21
and the crime against humanity of people of Af-
22
rican descent in the United States;
23
(E) the role of Northern complicity in the
24
Southern-based institution of slavery; and
25
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(F) the direct benefits to societal institu-
1
tions, public and private, including higher edu-
2
cation,
corporations,
and
religious
and
3
associational entities;
4
(2) recommend appropriate ways to educate the
5
American public of the Commission’s 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 findings of the
11
study under paragraph (1), together with the rec-
12
ommendations under paragraphs (2) and (3).
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 which existed from 1565 in colo-
23
nial Florida, and from 1619 within the other colo-
24
nies that became the United States, through 1865.
25
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The Commission’s documentation and examination
1
under this paragraph shall include the facts related
2
to—
3
(A) the capture and procurement of Afri-
4
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;
17
(E) the extensive denial of humanity, sex-
18
ual abuse, and the chatellization of persons;
19
(F) the role the Federal Government and
20
State governments played in supporting the in-
21
stitution of slavery including through constitu-
22
tional and statutory provisions, including the
23
extent to which the Federal Government and
24
State governments prevented, opposed, or re-
25
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stricted efforts of formerly enslaved Africans
1
and their descendants to repatriate to their
2
homeland;
3
(G) the Federal and State laws that dis-
4
criminated against formerly enslaved Africans
5
and their descendants who were determined
6
United States citizens from 1868 to the
7
present.
8
(2) Identify the other forms of discrimination in
9
the public and private sectors against freed African
10
slaves and their descendants who were determined
11
United States citizens from 1868 to the present, in-
12
cluding redlining, educational funding discrepancies,
13
and predatory financial practices.
14
(3) Identify the lingering negative effects of the
15
institution of slavery and the matters described in
16
subparagraphs (A) through (F) of section 2(b)(1)
17
and paragraphs (1) and (2) on living African Ameri-
18
cans and on society in the United States.
19
(4) Recommend appropriate ways to educate
20
the American public of the Commission’s findings on
21
the matters described in subparagraphs (A) through
22
(F) of section 2(b)(1) and paragraphs (1), (2), and
23
(3).
24
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(5) Recommend appropriate remedies in consid-
1
eration of the Commission’s findings on the matters
2
described in subparagraphs (A) through (F) of sec-
3
tion 2(b)(1) and paragraphs (1), (2), and (3). In
4
making such recommendations, the Commission
5
shall address, among other issues, the following
6
questions:
7
(A) How such recommendations comport
8
with international standards of remedy for
9
wrongs and injuries caused by the governments
10
of foreign countries, that include full repara-
11
tions and special measures, as understood by
12
various relevant international protocols, laws,
13
and findings.
14
(B) How the Federal Government will
15
offer a formal apology on behalf of the people
16
of the United States for the perpetration of
17
gross human rights violations and crimes
18
against humanity on African slaves and their
19
descendants.
20
(C) How Federal laws and policies that
21
continue to disproportionately and negatively
22
affect African Americans as a group, and those
23
that perpetuate the lingering effects, materially
24
and psycho-social, can be eliminated.
25
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(D) How the injuries resulting from the
1
matters
described
in
subparagraphs
(A)
2
through (F) of section 2(b)(1) and paragraphs
3
(1), (2), and (3) can be reversed and provide
4
appropriate policies, programs, projects and
5
recommendations for the purpose of reversing
6
the injuries.
7
(E) How, in consideration of the Commis-
8
sion’s findings, any form of compensation to the
9
descendants of enslaved Africans is calculated.
10
(F) What form of compensation should be
11
awarded, through what instrumentalities should
12
such compensation be awarded, and who should
13
be eligible for such compensation.
14
(G) Whether, in consideration of the Com-
15
mission’s findings, any other measures of reha-
16
bilitation or restitution to African descendants
17
is warranted and what the form and scope of
18
those measures should take.
19
(c) REPORT TO CONGRESS.—The Commission shall
20
submit a written report of its findings and recommenda-
21
tions to the Congress not later than the date that is one
22
year after the date of the first meeting of the Commission
23
held pursuant to section 4(c).
24
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SEC. 4. MEMBERSHIP.
1
(a) NUMBER AND APPOINTMENTS.—
2
(1) IN
GENERAL.—The Commission shall be
3
composed of 13 members, who shall be appointed
4
within 90 days after the date of enactment of this
5
Act, as follows:
6
(A) Three members shall be appointed by
7
the President.
8
(B) Three members shall be appointed by
9
the Speaker of the House of Representatives.
10
(C) One member shall be appointed by the
11
President pro tempore of the Senate.
12
(D) Six members shall be selected from the
13
major civil society and reparations organiza-
14
tions that have historically championed the
15
cause of reparatory justice.
16
(2) QUALIFICATIONS.—All members of the
17
Commission shall be persons who are especially
18
qualified to serve on the Commission by virtue of
19
their education, training, activism, or experience,
20
particularly such education, training, activism, or ex-
21
perience in the field of African-American studies and
22
reparatory justice.
23
(b) TERMS.—The term of office for members shall
24
be for the life of the Commission. A vacancy in the Com-
25
mission shall not affect the powers of the Commission and
26
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shall be filled in the same manner in which the original
1
appointment was made.
2
(c) FIRST MEETING.—The President shall call the
3
first meeting of the Commission within 120 days after the
4
date of enactment of this Act or within 30 days after the
5
date on which legislation is enacted making appropriations
6
to carry out this Act, whichever date is later.
7
(d) QUORUM.—Seven members of the Commission
8
shall constitute a quorum, but a lesser number may hold
9
hearings.
10
(e) CHAIR AND VICE CHAIR.—The Commission shall
11
elect a Chair and Vice Chair from among its members.
12
The term of office of each shall be for the life of the Com-
13
mission.
14
(f) COMPENSATION.—
15
(1) IN GENERAL.—Except as provided in para-
16
graph (2), each member of the Commission shall be
17
compensated at a rate not to exceed the daily equiv-
18
alent of the annual rate of basic pay in effect for a
19
position at level IV of the Executive Schedule under
20
section 5315 of title 5, United States Code, for each
21
day, including travel time, during which that mem-
22
ber is engaged in the actual performance of the du-
23
ties of the Commission.
24
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(2) FEDERAL EMPLOYEES.—A member of the
1
Commission who is a full-time officer or employee of
2
the United States or a Member of Congress shall re-
3
ceive no additional pay, allowances, or benefits by
4
reason of the service of th
[Text truncated for display. Full text available on Congress.gov.]