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A BILL 2
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25-152 4
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To establish a Commission on Reparations to study and develop reparation proposals for eligible 11
African Americans and a Reparations Foundation Fund to be used for the future payment 12
of reparations; and to amend the Department of Insurance and Securities Regulation 13
Establishment Act of 1996 to require the Commissioner of the Department of Insurance, 14
Securities, and Banking to establish a slavery era database of insurance records and 15
financial records. 16
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
act may be cited as the “Insurance Database Amendment Act of 2024”. 19
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TITLE I. COMMISSION ON REPARATIONS. 21
Sec. 101. Commission on Reparations; establishment and purpose. 22
(a) There is established a Commission on Reparations (“Commission”). 23
(b) The Commission shall: 24
(1) With a focus on African Americans and matters in the District of Columbia 25
and the role of District government (in all its forms), study and analyze the : 26
(A) Institution of slavery; 27
(B ) Transatlantic and domestic slave trade that existed in what is now the 28
United States between the period of 1619 to 1865; 29 ENGROSSED ORIGINAL
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(C) Federal and state governments support, constitutionally and statutorily, 30
of the institution of slavery; 31
(D) Lawful and de facto discrimination against enslaved people and other 32
free African American people and their descendants from the end of the Civil War to the present, 33
including economic, political, educational, and social discrimination, and structural and 34
institutional racism; 35
(E) Direct benefits received by societal institutions, public and private, 36
including higher education, corporate, religious, and associations as a result of the institution of 37
slavery and its ongoing repercussions ; 38
(F) Takings of property, generally, through civil asset forfeiture , the 39
seizure of land acquired through eminent domain, and other unjust land seizures broadening the 40
wealth gap, and, specifically, such takings by the District government or federal government 41
between 1865 and 1973, including in the areas around Broad Branch Road, Chevy Chase, and 42
Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback 43
from individuals who claim knowledge of property, familial or otherwise, that was taken by the 44
District government or federal government; 45
(G) Compounding effect of the racial wealth gap over time and the impact 46
of the racial wealth gap on areas such as health outcomes and public safety; and 47
(H) Ongoing negative effects of the institution of slavery on African 48
Americans living today and society at large in the United States today, including in such areas as 49 ENGROSSED ORIGINAL
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the de facto segregation of the African American population, the criminal legal system, mass 50
incarceration, prison conditions, police brutality, and education, displacement from the District, 51
and other areas of continuing structural and institutional racism. 52
(2) Based on the Commission’s study and analysis of the matters described in 53
paragraph (1) of this subsection and as further authorized by this title, develop a proposal to 54
provide eligible African Americans monetary reparations or other forms of redress. 55
(3) The Commission shall be guided, but not restricted, by the 5 conditions for 56
full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly 57
Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and 58
guarantees of non- repetition. 59
Sec. 102. Duties and responsibilities. 60
(a) The Commission shall: 61
(1) Study and explore the creation of a new government agency, such as , for 62
example, an African American People’s Bureau, to implement any or all of the reparations 63
proposals; 64
(2) Make recommendations regarding the sources, distribution method, and 65
schedule of distribution to eligible African American s of the funds in the Reparations Fund 66
established by section 201, including recommending a method to exempt the recipients of funds 67
from having to contribute to the sources of the Reparations Fund and from having any funds 68
received from the Reparations Fund taxed, included in a recipient’s taxable income, or in any 69 ENGROSSED ORIGINAL
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manner negatively affecting any public assistance that a recipient may be receiving or may have 70
received. 71
(3) Compile and synthesize evidentiary documentation and testimonies of lived 72
experiences (“documentation”) relating to the institution of slavery and its after effects in the 73
United States during the period 1619 to 1865 up to the present, with a focus on the District of 74
Columbia and former residents of the District, including, to the extent possible, documentation 75
related to: 76
(A) The capture and procurement of Africans; 77
(B) The forced removal and treatment of Africans from Africa and the 78
African diaspora to what became the United States for the purpose of enslavement; 79
(C) The sale and acquisition of Africans as chattel property in interstate 80
and intrastate commerce; 81
(D) The treatment of enslaved human beings, including the deprivation of 82
their freedom, exploitation of their labor, and attempted destruction of their culture, language, 83
religion, and families; 84
(E) The extensive denial of humanity and reproductive autonomy, rape 85
and sexual abuse, forced breeding, and chattelization of persons for financial gain; 86
(F) The federal and state laws that restricted the movement, land 87
ownership, liberty, and humanity of African Americans, including Black codes, vagrancy acts, 88 ENGROSSED ORIGINAL
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eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and 89
other forms of disenfranchisement; 90
(G) The federal and state laws and programs that discriminated against 91
African Americans from 1619 to the present, including the District of Columbia Compensated 92
Emancipation Act of 1862; 93
(H) The other forms of discrimination in the public and private sectors 94
against African Americans from 1862 to the present, including redlining and unjust land 95
seizures, educational funding discrepancies, health disparities, and predatory financial practices; 96
(I) The ongoing negative effects of the institution of slavery on living 97
African Americans; and 98
(J) The lived experiences of African Americans in the District, including 99
the spoken narratives of enslaved peoples, oral histories, and spoken testimonies. 100
(4) In partnership with community- based organizations with a demonstrated 101
interest in reparations, recommend ways to educate the public of the Commission’s findings. 102
(b) In addition to the Commission’s findings in subsection (a) of this section, the 103
Commission shall detail in the report required by section 103: 104
(1) The criteria it determines should define an eligible African American entitled 105
to monetary reparations or other forms of redress from the District government; 106 ENGROSSED ORIGINAL
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(2) How its recommendations comport with international standards, as set forth 107
in various relevant international protocols, laws, and findings, for reparations or other measures 108
to make amends for the wrongs and injuries caused by the institution of slavery and its aftermath ; 109
(3) In what manner the District government can offer a formal apology for its role 110
in the harms perpetuated on African Americans due to slavery and its aftermath; 111
(4) How District laws and policies that may continue to disproportionately and 112
negatively affect African Americans and perpetuate the lingering material and psychosocial 113
effects of slavery can be eliminated; 114
(5) How the resultant injuries can be repaired, including how to provide policies, 115
programs, projects, and recommendations to effect that repair; 116
(6) How the amount of compensation due to eligible African Americans should be 117
calculated; 118
(7) In addition to monetary compensation, if and in what form other redress 119
should be provided to eligible African Americans and through what instrumentalities; and 120
(8) The development and implementation of any programs for African Americans 121
that may be warranted and the suggested form and scope of those programs, if any. 122
Sec. 103. Reporting requirement. 123
(a)(1) The Commission shall submit a written report of its findings and 124
recommendations, which may be accompanied by draft legislation or a list of specific steps for 125 ENGROSSED ORIGINAL
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implementing its recommendations, to the Mayor and Council no later than 18 months after the 126
date of the first meeting of the Commission held pursuant to section 106( a). 127
(2) The Commission shall submit a written interim update of its progress to the 128
Mayor and Council no later than 270 days after the date of the first meeting of the Commission. 129
(b) Following submission of the report, as required by subsection (a)(1) of this section, 130
the Commission shall convene a public forum to announce its findings and recommendations. 131
(c) All recommendations and reports, including updates, prepared and submitted to the 132
Mayor and Council by the Commission shall be made a matter of public record. 133
Sec. 104. Composition. 134
(a)(1) The Commission shall consist of 12 members; 9 voting members appointed by the 135
Chairperson of the Counci l and 3 ex- officio members. 136
(2) The 9 voting members shall include: 137
(A) Two appointees from organizations with a demonstrated commitment 138
to reparations and preventing and repairing harms caused by racial injustice; 139
(B) Two appointees from the field of academia who have expertise in at 140
least two of the following three areas: civil rights, history, or constitutional law; 141
(C) Two appointees that either currently reside in the District who have 142
been District residents for at least 20 years or who do not currently reside in the District but 143
formerly did so and for at least 20 years; 144 ENGROSSED ORIGINAL
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(D) One appointee who has expertise in community development and 145
social justice in the District; and 146
(E) One appointee from a faith- based organization. 147
(3)(A) Members shall be drawn from diverse backgrounds to represent the 148
interests of African American communities throughout the District, have experience seeking and 149
implementing racial justice reform, and, to the extent possible, represent geographically diverse 150
areas of the District. 151
(B) The Chairperson of the Council may give special consideration to 152
long-time District residents who, in its determination, have been most harmed by the injury set 153
forth in this title. 154
(b) The 3 non- voting ex officio members, who may attend and participate in meetings, 155
shall be the: 156
(1) Commissioner of the Department of Insurance, Securities, and 157
Banking or the Commissioner’s designee; 158
(2) District’s State Archivist or the Archivist’s designee; and 159
(3) Director of the District of Columbia Office of Human Rights or the 160
Director’s designee. 161
(c)(1) The term of office for members shall be for the life of the Commission. 162
(2) The Chairperson of the Council shall appoint the Commission members no 163
later than 60 days after the effective date of this title. 164 ENGROSSED ORIGINAL
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(3) A vacancy in the voting members on the Commission shall not affect the 165
powers of the Commission . A vacancy shall be filled in the same manner that the original 166
appointment was made. 167
Sec. 105. Organization; compensation; authority. 168
(a) The voting members of the Commission shall elect a chair from among its voting 169
members; except, that the chair may not be a member of the Council. The Chair of the 170
Commission, or a voting member that the Chair designates as Vice -Chair in his or her absence, 171
shall convene all meetings of the Commission. Voting by proxy shall not be permitted. 172
(b)(1) The voting members of the Commission , by a majority vote, shall hire an 173
Executive Director who shall perform the duties required for the day- to-day functioning of the 174
Commission as considered necessary by the members, including appointment of staff, selection 175
of consultants, and the administration of meetings and report production. The Executive Director 176
shall serve for the life of the Commission. A vacancy shall be filled in the same manner that the 177
original selection was made. 178
(2) The Executive Director shall receive an annual salary consistent with the 179
District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at the 180
midpoint of Grade 10, plus fringe benefits. 181
(c)(1) Each voting member of the Commission shall be entitled to a stipend of $10,000 182
per year for their service on the Commission; except that, a member of the Council shall not 183
receive a stipend. 184 ENGROSSED ORIGINAL
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(2) Voting m embers of the Commission shall be entitled to per diem 185
compensation and reimbursement of expenses for up to 18 meetings of the Commission, not to 186
exceed $2,500 per member. 187
(d)(1) The Commission’s operations may be funded by annual appropriations or private 188
sector assistance, or both. 189
(2)(A) If a special fund is established by the Commission for the receipt of 190
operating donations from non- government sources, the fund shall be administered in accordance 191
with established funding and auditing procedures of the District government. The expenditure of 192
donations shall not be subject to appropriation. 193
(B) The Commission shall keep a record, available to the public for 194
inspection, of all donations, assistance, and any substantial non- government in- kind 195
contributions received. The record shall include the full name, address, and occupation or type of 196
business of each donor. 197
(C) For purpose of this subsection, the term “s ubstantial non- government 198
in-kind contributions” includes any service reasonably valued at more than $5,000 that is 199
received from any source other than the District or federal government. 200
(e)(1) The Commission shall have the authority to: 201
(A) Hold hearings, roundtables, and sit and act at any time and location in 202
the District and to use space and supplies owned or rented by the District government; 203
(B) Request the attendance and testimony of witnesses; 204 ENGROSSED ORIGINAL
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(C) Request the production of books, records, correspondence, 205
memoranda, papers, and documents; 206
(D) Seek an order from a Superior Court of the District of Columbia 207
compelling testimony or compliance with a subpoena; and 208
(E) Create and operate under its own rules of procedure, consistent with 209
this title. 210
(2) Any member of the Commission may, if authorized by the C hair or Vice-211
Chair of the Commission , take any action that the Commission is authorized to take pursuant to 212
this title. 213
(3) The Commission may acquire directly from the head of any executive agency 214
available information that the Commission considers useful in the discharge of its duties. 215
(4) All E xecutive agencies shall cooperate with the Commission with respect to 216
such information and shall furnish all information requested by the Commission to the extent 217
permitted by law. 218
(5) The Commission shall keep confidential information received from a n 219
executive agency that is confidential, as required by law. 220
(f) The Commission may: 221
(1) Hire and fix the compensation of such personnel as the Commission considers 222
appropriate, such as an attorney, researcher, economist, historian, genealogist, constitutional law 223
scholar, data scientist, facilitator, forensic accountant, or a mental health professional; 224 ENGROSSED ORIGINAL
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(2) Employ administrative, technical, and legal assistance; 225
(3) Procure supplies, services, and property by contract in accordance with 226
applicable laws and rules; and 227
(4) Enter into contracts for the purposes of conducting research or surveys, 228
preparing reports, developing a communications strategy for the release of the report, and 229
performing other activities necessary for the discharge of the duties of the Commission with 230
executive agencies, instrumentalities of the District, federal departments, agencies, other 231
instrumentalities, and private entities. 232
Sec. 106. Meetings ; quorum; sunset. 233
(a) The first meeting of the Commission shall occur no later than June 1, 2025. 234
(b) At least 3 meetings shall be devoted to the issue of eligibility for reparations. 235
(c)(1) The Commission shall consider holding a certain number of meetings during 236
publicly accessible times , such as during weekends and in evenings. 237
(2) Members shall remain in partnership throughout the life of the Commission 238
with an organized coalition comprised of impacted African Americans and cross-sector leaders 239
who have a demonstrated interest in r eparations in the District of Columbia and who are based in 240
the District of Columbia m etropolitan a rea. 241
(d) Five members of the Commission shall constitute a quorum. 242
(e) The Commission shall sunset after December 31, 202 7, or after the report required by 243
section 103(a)(1) has been submitted; except , that nothing shall prohibit the Council from 244 ENGROSSED ORIGINAL
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soliciting the assistance of former members of the Commission or the Executive Director during 245
its review of the Commission’s report or following the sunset. Following the sunset, the 246
Commission members or Executive Director shall be entitled to per diem compensation and 247
reimbursement of expenses for this assistance. 248
Sec. 107. Reparations; payments and other forms of redress . 249
Any monetary reparations or other forms of redress provided by the District pursuant to 250
this title shall be in addition to and not in lieu of any reparations provided at the federal level. 251
TITLE II. REPARATIONS FUND. 252
Sec. 201. Establishment of Reparations Fund. 253
(a) There is established as a special fund, the Reparations Fund, which shall be 254
administered by the Chief Financial Officer of the District of Columbia in accordance with 255
subsections (c) and (d) of this section. 256
(b) The following funds shall be deposited into the Reparations Fund: 257
(1) Funds appropriated by the District; 258
(2) Gifts made to the Reparations Fund; 259
(3) Grants made to the Reparations Fund; and 260
(4) Public and private donations made to the Reparations Fund. 261
(c) The money in the Reparations Fund shall be used for the payment of reparations 262
under the reparations program adopted by the District pursuant to the findings and 263
recommendations of the Commission on Reparations established by Title I . 264 ENGROSSED ORIGINAL
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(d) (1) The money deposited into the Reparations Fund but not expended in a fiscal year 265
shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at 266
the end of a fiscal year, or at any other time. 267
(2) Subject to authorization in an approved budget and financial plan, any funds 268
appropriated in the Reparations Fund shall be continually available without regard to fiscal year 269
limitation. 270
TITLE III. SLAVERY ERA DATABASE ESTABLISHED. 271
Sec. 301. The Department of Insurance and Securities Regulation Establishment Act of 272
1996, effective May 21, 1997 (D.C. Law 11- 268; D.C. Official Code § 31- 101 et seq.), is 273
amended by adding a new section 5a to read as follows: 274
“Sec. 5a. Slave ry era database. 275
“(a) Within one year of the effective date of the Commission on Reparations 276
Establishment Amendment Act of 2024, as approved by the Committee on Business and 277
Economic Development on November 18, 2024 (Committee print of Bill 25-152), the 278
Commissioner shall have established, and continue to maintain through the digital repository of 279
the District of Columbia Office of Public Records Management, Archival Administration, and 280
Library of Governmental Information, a publicly available online slavery era database that 281
includes all records made available to the Department pursuant to subsections (b) and (c) of this 282
section. 283 ENGROSSED ORIGINAL
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“(b) The Commissioner shall request and obtain information from states or insurers 284
licensed and doing business in the District of Columbia (“insurer”) regarding any records of 285
enslaver insurance policies issued by the insurer or any predecessor insurer during the slavery 286
era, including insurance policies that provided coverage for injury to, or death of, enslaved 287
people (“insurance records”). 288
“(1) The Commissioner may obtain t his information from other states that have 289
conducted similar data calls; except, that the Commissioner shall request an update from the 290
insurers that reported insurance records to those states on any new records identified since the 291
initial data calls of those states. 292
“(2) The Commissioner may request this information from insurers in existence 293
prior to 1865 or insurers with predecessor insurers in existence prior to 1865 that have not 294
submitted records to other states that have conducted similar data calls. 295
“(3) The Commissioner shall disclose the names of all enslaved persons and 296
enslavers described in the insurance records in the slavery era database. 297
“(c)(1) The Commissioner shall request information from banks licensed or doing 298
business in the District of Columbia regarding any records of participation in the slavery era by 299
the bank or any predecessor institution (“financial records”) , including financial records of : 300
“(A) Lending capital for the purchase of enslaved persons; 301
“(B) Accepting enslaved persons as collateral for loans; 302 ENGROSSED ORIGINAL
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“(C) Taking ownership of enslaved persons in events of default on said 303
loans; 304
“(D) Financing or otherwise supporting the abolition of slavery or the 305
passage of enslaved persons to free states or territory; and 306
“(E) Other investments and profits from slavery. 307
“(2) The Commissioner shall disclose the names of all enslaved persons and 308
enslavers and the transactions and profits described in the financial records in the slavery era 309
database.
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“(d) Upon the publication of the slavery era database, t he Commissioner shall issue a 311
report on the information provided to the Commissioner pursuant to subsections (b) and (c) of 312
this section and submit the report to the Mayor and Council. 313
“(1) The report required under this section shall include a summary of insurance 314
records and financial records obtained and a copy of each document provided to the 315
Commissioner. 316
“(2) The report shall be made publicly available online and a hard copy of the 317
report shall be maintained at the Thurgood Marshall Civil Rights Center at Howard University 318
School of Law and the District of Columbia Archives. 319
“(e) Upon request of the Commission on Reparations, established by Title I of the 320
Reparations Act, as approved by the Committee on Business and Economic Development on 321
November 18, 2024 (Committee print of Bill 25 -152), the Commissioner shall make the 322 ENGROSSED ORIGINAL
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insurance records and financial records available, to the extent they are available, to the 323
Commission on Reparations to aid it in its study of reparations proposals prior to public release. 324
“(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 325
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue 326
rules to carry out the provisions of this section. 327
“(g) For the purposes of this section, the term : 328
(1) “Bank” means any insured bank as defined in 12 U.S.C. § 1813(h), or any 329
institution eligible to become an insured bank as defined therein, which accepts demand deposits 330
and makes commercial loans. 331
(2) “Enslaved person” means an individual: 332
“(A) Who had no freedom of action; 333
“(B) Whose person and services were wholly under the control of another; 334
“(C) Who was in a state of enforced compulsory service to another; and 335
“(D) Who could not legally leave enforced compulsory service to another 336
on the individual’s own initiative during the individual’s lifetime before the end of the slavery 337
era.”. 338
(3) “Enslaver” means: 339
“(A) An owner of an enslaved person; 340
“(B) An owner of a commercial enterprise that used the services of an 341
enslaved person; 342 ENGROSSED ORIGINAL
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“(C) An owner of a vessel or other means of transporting enslaved 343
persons; or 344
“(D) A person dealing in the purchase, sale, or financing of the business of 345
enslaved persons and slavery. 346
(4) “Enslaver insurance policies” means a policy issued to or for the benefit of an 347
enslaver to insure the enslaver against injury or the death of an enslaved person. 348
(5) “Slavery era” means the period prior to 1865.”. 349
TITLE IV. GENERAL PROVISIONS. 350
Sec. 401. Fiscal impact statement. 351
The Council adopts the fiscal impact statement in the committee report as the fiscal 352
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 353
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 354
Sec. 402. Effective date. 355
This act shall take effect following approval by the Mayor (or in the event of veto by the 356
Mayor, action by the Council to override the veto) and a 30-day period of congressional review 357
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 358
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 359