7 | | - | AN ACT |
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8 | | - | |
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9 | | - | ___________ |
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10 | | - | |
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11 | | - | |
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12 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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13 | | - | |
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14 | | - | ___________ |
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15 | | - | |
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16 | | - | |
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17 | | - | To establish a Commission on Reparations to study and develop reparation proposals for eligible |
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18 | | - | African Americans and a Reparations Foundation Fund to be used for the future payment |
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19 | | - | of reparations; and to amend the Department of Insurance and Securities Regulation |
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20 | | - | Establishment Act of 1996 to require the Commissioner of the Department of Insurance, |
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21 | | - | Securities, and Banking to establish a slavery era database of insurance records and |
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22 | | - | financial records. |
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23 | | - | |
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24 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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25 | | - | act may be cited as the “Insurance Database Amendment Act of 2024”. |
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26 | | - | |
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27 | | - | TITLE I. COMMISSION ON REPARATIONS. |
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28 | | - | Sec. 101. Commission on Reparations; establishment and purpose. |
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29 | | - | (a) There is established a Commission on Reparations (“Commission”). |
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30 | | - | (b) The Commission shall: |
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31 | | - | (1) With a focus on African Americans and matters in the District of Columbia |
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32 | | - | and the role of District government (in all its forms), study and analyze the : |
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33 | | - | (A) Institution of slavery; |
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34 | | - | (B) Transatlantic and domestic slave trade that existed in what is now the |
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35 | | - | United States between the period of 1619 to 1865; |
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36 | | - | (C) Federal and state governments support, constitutionally and statutorily, |
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37 | | - | of the institution of slavery; |
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38 | | - | (D) Lawful and de facto discrimination against enslaved people and other |
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39 | | - | free African American people and their descendants from the end of the Civil War to the present, |
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40 | | - | including economic, political, educational, and social discrimination, and structural and |
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41 | | - | institutional racism; |
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42 | | - | (E) Direct benefits received by societal institutions, public and private, |
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43 | | - | including higher education, corporate, religious, and associations as a result of the institution of |
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44 | | - | slavery and its ongoing repercussions ; |
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45 | | - | (F) Takings of property, generally, through civil asset forfeiture , the |
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46 | | - | seizure of land acquired through eminent domain, and other unjust land seizures broadening the ENROLLED ORIGINAL |
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| 7 | + | 1 |
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| 8 | + | A BILL 2 |
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| 9 | + | 3 |
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| 10 | + | 25-152 4 |
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| 11 | + | 5 |
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| 12 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6 |
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| 13 | + | 7 |
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| 14 | + | ____________________ 8 |
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| 15 | + | 9 |
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| 16 | + | 10 |
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| 17 | + | To establish a Commission on Reparations to study and develop reparation proposals for eligible 11 |
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| 18 | + | African Americans and a Reparations Foundation Fund to be used for the future payment 12 |
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| 19 | + | of reparations; and to amend the Department of Insurance and Securities Regulation 13 |
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| 20 | + | Establishment Act of 1996 to require the Commissioner of the Department of Insurance, 14 |
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| 21 | + | Securities, and Banking to establish a slavery era database of insurance records and 15 |
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| 22 | + | financial records. 16 |
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| 23 | + | 17 |
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| 24 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18 |
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| 25 | + | act may be cited as the “Insurance Database Amendment Act of 2024”. 19 |
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| 26 | + | 20 |
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| 27 | + | TITLE I. COMMISSION ON REPARATIONS. 21 |
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| 28 | + | Sec. 101. Commission on Reparations; establishment and purpose. 22 |
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| 29 | + | (a) There is established a Commission on Reparations (“Commission”). 23 |
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| 30 | + | (b) The Commission shall: 24 |
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| 31 | + | (1) With a focus on African Americans and matters in the District of Columbia 25 |
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| 32 | + | and the role of District government (in all its forms), study and analyze the : 26 |
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| 33 | + | (A) Institution of slavery; 27 |
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| 34 | + | (B ) Transatlantic and domestic slave trade that existed in what is now the 28 |
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| 35 | + | United States between the period of 1619 to 1865; 29 ENGROSSED ORIGINAL |
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52 | | - | wealth gap, and, specifically, such takings by the District government or federal government |
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53 | | - | between 1865 and 1973, including in the areas around Broad Branch Road, Chevy Chase, and |
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54 | | - | Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback |
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55 | | - | from individuals who claim knowledge of property, familial or otherwise, that was taken by the |
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56 | | - | District government or federal government; |
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57 | | - | (G) Compounding effect of the racial wealth gap over time and the impact |
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58 | | - | of the racial wealth gap on areas such as health outcomes and public safety; and |
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59 | | - | (H) Ongoing negative effects of the institution of slavery on African |
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60 | | - | Americans living today and society at large in the United States today, including in such areas as |
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61 | | - | the de facto segregation of the African American population, the criminal legal system, mass |
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62 | | - | incarceration, prison conditions, police brutality, and education, displacement from the District, |
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63 | | - | and other areas of continuing structural and institutional racism. |
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64 | | - | (2) Based on the Commission’s study and analysis of the matters described in |
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65 | | - | paragraph (1) of this subsection and as further authorized by this title, develop a proposal to |
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66 | | - | provide eligible African Americans monetary reparations or other forms of redress. |
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67 | | - | (3) The Commission shall be guided, but not restricted, by the 5 conditions for |
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68 | | - | full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly |
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69 | | - | Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and |
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70 | | - | guarantees of non- repetition. |
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71 | | - | |
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72 | | - | Sec. 102. Duties and responsibilities. |
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73 | | - | (a) The Commission shall: |
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74 | | - | (1) Study and explore the creation of a new government agency, such as , for |
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75 | | - | example, an African American People’s Bureau, to implement any or all of the reparations |
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76 | | - | proposals; |
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77 | | - | (2) Make recommendations regarding the sources, distribution method, and |
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78 | | - | schedule of distribution to eligible African American s of the funds in the Reparations Fund |
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79 | | - | established by section 201, including recommending a method to exempt the recipients of funds |
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80 | | - | from having to contribute to the sources of the Reparations Fund and from having any funds |
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81 | | - | received from the Reparations Fund taxed, included in a recipient’s taxable income, or in any |
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82 | | - | manner negatively affecting any public assistance that a recipient may be receiving or may have |
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83 | | - | received. |
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84 | | - | (3) Compile and synthesize evidentiary documentation and testimonies of lived |
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85 | | - | experiences (“documentation”) relating to the institution of slavery and its after effects in the |
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86 | | - | United States during the period 1619 to 1865 up to the present, with a focus on the District of |
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87 | | - | Columbia and former residents of the District, including, to the extent possible, documentation |
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88 | | - | related to: |
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89 | | - | (A) The capture and procurement of Africans; |
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90 | | - | (B) The forced removal and treatment of Africans from Africa and the |
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91 | | - | African diaspora to what became the United States for the purpose of enslavement; ENROLLED ORIGINAL |
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| 41 | + | (C) Federal and state governments support, constitutionally and statutorily, 30 |
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| 42 | + | of the institution of slavery; 31 |
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| 43 | + | (D) Lawful and de facto discrimination against enslaved people and other 32 |
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| 44 | + | free African American people and their descendants from the end of the Civil War to the present, 33 |
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| 45 | + | including economic, political, educational, and social discrimination, and structural and 34 |
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| 46 | + | institutional racism; 35 |
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| 47 | + | (E) Direct benefits received by societal institutions, public and private, 36 |
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| 48 | + | including higher education, corporate, religious, and associations as a result of the institution of 37 |
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| 49 | + | slavery and its ongoing repercussions ; 38 |
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| 50 | + | (F) Takings of property, generally, through civil asset forfeiture , the 39 |
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| 51 | + | seizure of land acquired through eminent domain, and other unjust land seizures broadening the 40 |
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| 52 | + | wealth gap, and, specifically, such takings by the District government or federal government 41 |
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| 53 | + | between 1865 and 1973, including in the areas around Broad Branch Road, Chevy Chase, and 42 |
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| 54 | + | Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback 43 |
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| 55 | + | from individuals who claim knowledge of property, familial or otherwise, that was taken by the 44 |
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| 56 | + | District government or federal government; 45 |
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| 57 | + | (G) Compounding effect of the racial wealth gap over time and the impact 46 |
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| 58 | + | of the racial wealth gap on areas such as health outcomes and public safety; and 47 |
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| 59 | + | (H) Ongoing negative effects of the institution of slavery on African 48 |
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| 60 | + | Americans living today and society at large in the United States today, including in such areas as 49 ENGROSSED ORIGINAL |
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97 | | - | (C) The sale and acquisition of Africans as chattel property in interstate |
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98 | | - | and intrastate commerce; |
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99 | | - | (D) The treatment of enslaved human beings, including the deprivation of |
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100 | | - | their freedom, exploitation of their labor, and attempted destruction of their culture, language, |
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101 | | - | religion, and families; |
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102 | | - | (E) The extensive denial of humanity and reproductive autonomy, rape |
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103 | | - | and sexual abuse, forced breeding, and chattelization of persons for financial gain; |
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104 | | - | (F) The federal and state laws that restricted the movement, land |
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105 | | - | ownership, liberty, and humanity of African Americans, including Black codes, vagrancy acts, |
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106 | | - | eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and |
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107 | | - | other forms of disenfranchisement; |
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108 | | - | (G) The federal and state laws and programs that discriminated against |
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109 | | - | African Americans from 1619 to the present, including the District of Columbia Compensated |
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110 | | - | Emancipation Act of 1862; |
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111 | | - | (H) The other forms of discrimination in the public and private sectors |
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112 | | - | against African Americans from 1862 to the present, including redlining and unjust land |
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113 | | - | seizures, educational funding discrepancies, health disparities, and predatory financial practices; |
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114 | | - | (I) The ongoing negative effects of the institution of slavery on living |
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115 | | - | African Americans; and |
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116 | | - | (J) The lived experiences of African Americans in the District, including |
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117 | | - | the spoken narratives of enslaved peoples, oral histories, and spoken testimonies. |
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118 | | - | (4) In partnership with community- based organizations with a demonstrated |
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119 | | - | interest in reparations, recommend ways to educate the public of the Commission’s findings. |
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120 | | - | (b) In addition to the Commission’s findings in subsection (a) of this section, the |
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121 | | - | Commission shall detail in the report required by section 103: |
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122 | | - | (1) The criteria it determines should define an eligible African American entitled |
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123 | | - | to monetary reparations or other forms of redress from the District government; |
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124 | | - | (2) How its recommendations comport with international standards, as set forth |
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125 | | - | in various relevant international protocols, laws, and findings, for reparations or other measures |
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126 | | - | to make amends for the wrongs and injuries caused by the institution of slavery and its aftermath ; |
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127 | | - | (3) In what manner the District government can offer a formal apology for its role |
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128 | | - | in the harms perpetuated on African Americans due to slavery and its aftermath; |
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129 | | - | (4) How District laws and policies that may continue to disproportionately and |
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130 | | - | negatively affect African Americans and perpetuate the lingering material and psychosocial |
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131 | | - | effects of slavery can be eliminated; |
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132 | | - | (5) How the resultant injuries can be repaired, including how to provide policies, |
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133 | | - | programs, projects, and recommendations to effect that repair; |
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134 | | - | (6) How the amount of compensation due to eligible African Americans should be |
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135 | | - | calculated; ENROLLED ORIGINAL |
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| 66 | + | the de facto segregation of the African American population, the criminal legal system, mass 50 |
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| 67 | + | incarceration, prison conditions, police brutality, and education, displacement from the District, 51 |
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| 68 | + | and other areas of continuing structural and institutional racism. 52 |
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| 69 | + | (2) Based on the Commission’s study and analysis of the matters described in 53 |
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| 70 | + | paragraph (1) of this subsection and as further authorized by this title, develop a proposal to 54 |
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| 71 | + | provide eligible African Americans monetary reparations or other forms of redress. 55 |
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| 72 | + | (3) The Commission shall be guided, but not restricted, by the 5 conditions for 56 |
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| 73 | + | full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly 57 |
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| 74 | + | Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and 58 |
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| 75 | + | guarantees of non- repetition. 59 |
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| 76 | + | Sec. 102. Duties and responsibilities. 60 |
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| 77 | + | (a) The Commission shall: 61 |
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| 78 | + | (1) Study and explore the creation of a new government agency, such as , for 62 |
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| 79 | + | example, an African American People’s Bureau, to implement any or all of the reparations 63 |
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| 80 | + | proposals; 64 |
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| 81 | + | (2) Make recommendations regarding the sources, distribution method, and 65 |
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| 82 | + | schedule of distribution to eligible African American s of the funds in the Reparations Fund 66 |
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| 83 | + | established by section 201, including recommending a method to exempt the recipients of funds 67 |
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| 84 | + | from having to contribute to the sources of the Reparations Fund and from having any funds 68 |
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| 85 | + | received from the Reparations Fund taxed, included in a recipient’s taxable income, or in any 69 ENGROSSED ORIGINAL |
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141 | | - | (7) In addition to monetary compensation, if and in what form other redress |
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142 | | - | should be provided to eligible African Americans and through what instrumentalities; and |
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143 | | - | (8) The development and implementation of any programs for African Americans |
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144 | | - | that may be warranted and the suggested form and scope of those programs, if any. |
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145 | | - | |
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146 | | - | Sec. 103. Reporting requirement. |
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147 | | - | (a)(1) The Commission shall submit a written report of its findings and |
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148 | | - | recommendations, which may be accompanied by draft legislation or a list of specific steps for |
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149 | | - | implementing its recommendations, to the Mayor and Council no later than 18 months after the |
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150 | | - | date of the first meeting of the Commission held pursuant to section 106( a). |
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151 | | - | (2) The Commission shall submit a written interim update of its progress to the |
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152 | | - | Mayor and Council no later than 270 days after the date of the first meeting of the Commission. |
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153 | | - | (b) Following submission of the report, as required by subsection (a)(1) of this section, |
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154 | | - | the Commission shall convene a public forum to announce its findings and recommendations. |
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155 | | - | (c) All recommendations and reports, including updates, prepared and submitted to the |
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156 | | - | Mayor and Council by the Commission shall be made a matter of public record. |
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157 | | - | |
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158 | | - | Sec. 104. Composition. |
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159 | | - | (a)(1) The Commission shall consist of 12 members; 9 voting members appointed by the |
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160 | | - | Chairperson of the Counci l and 3 ex- officio members. |
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161 | | - | (2) The 9 voting members shall include: |
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162 | | - | (A) Two appointees from organizations with a demonstrated commitment |
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163 | | - | to reparations and preventing and repairing harms caused by racial injustice; |
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164 | | - | (B) Two appointees from the field of academia who have expertise in at |
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165 | | - | least 2 of the following 3 areas : civil rights, history, or constitutional law; |
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166 | | - | (C) Two appointees that either currently reside in the District who have |
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167 | | - | been District residents for at least 20 years or who do not currently reside in the District but |
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168 | | - | formerly did so and for at least 20 years; |
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169 | | - | (D) One appointee who has expertise in community development and |
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170 | | - | social justice in the District; and |
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171 | | - | (E) One appointee from a faith- based organization. |
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172 | | - | (3)(A) Members shall be drawn from diverse backgrounds to represent the |
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173 | | - | interests of African American communities throughout the District, have experience seeking and |
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174 | | - | implementing racial justice reform, and, to the extent possible, represent geographically diverse |
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175 | | - | areas of the District. |
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176 | | - | (B) The Chairperson of the Council may give special consideration to |
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177 | | - | long-time District residents who, in his or her determination, have been most harmed by the |
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178 | | - | injury set forth in this title. |
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179 | | - | (b) The 3 non- voting ex officio members, who may attend and participate in meetings, |
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180 | | - | shall be the: ENROLLED ORIGINAL |
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| 91 | + | manner negatively affecting any public assistance that a recipient may be receiving or may have 70 |
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| 92 | + | received. 71 |
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| 93 | + | (3) Compile and synthesize evidentiary documentation and testimonies of lived 72 |
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| 94 | + | experiences (“documentation”) relating to the institution of slavery and its after effects in the 73 |
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| 95 | + | United States during the period 1619 to 1865 up to the present, with a focus on the District of 74 |
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| 96 | + | Columbia and former residents of the District, including, to the extent possible, documentation 75 |
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| 97 | + | related to: 76 |
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| 98 | + | (A) The capture and procurement of Africans; 77 |
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| 99 | + | (B) The forced removal and treatment of Africans from Africa and the 78 |
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| 100 | + | African diaspora to what became the United States for the purpose of enslavement; 79 |
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| 101 | + | (C) The sale and acquisition of Africans as chattel property in interstate 80 |
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| 102 | + | and intrastate commerce; 81 |
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| 103 | + | (D) The treatment of enslaved human beings, including the deprivation of 82 |
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| 104 | + | their freedom, exploitation of their labor, and attempted destruction of their culture, language, 83 |
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| 105 | + | religion, and families; 84 |
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| 106 | + | (E) The extensive denial of humanity and reproductive autonomy, rape 85 |
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| 107 | + | and sexual abuse, forced breeding, and chattelization of persons for financial gain; 86 |
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| 108 | + | (F) The federal and state laws that restricted the movement, land 87 |
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| 109 | + | ownership, liberty, and humanity of African Americans, including Black codes, vagrancy acts, 88 ENGROSSED ORIGINAL |
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186 | | - | (1) Commissioner of the Department of Insurance, Securities, and |
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187 | | - | Banking or the Commissioner’s designee; |
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188 | | - | (2) District’s State Archivist or the Archivist’s designee; and |
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189 | | - | (3) Director of the District of Columbia Office of Human Rights or the |
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190 | | - | Director’s designee. |
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191 | | - | (c)(1) The term of office for members shall be for the life of the Commission. |
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192 | | - | (2) The Chairperson of the Council shall appoint the Commission members no |
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193 | | - | later than 60 days after the effective date of this title. |
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194 | | - | (3) A vacancy in the voting members on the Commission shall not affect the |
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195 | | - | powers of the Commission . A vacancy shall be filled in the same manner that the original |
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196 | | - | appointment was made. |
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197 | | - | |
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198 | | - | Sec. 105. Organization; compensation; authority. |
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199 | | - | (a) The voting members of the Commission shall elect a chair from among its voting |
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200 | | - | members; except, that the chair may not be a member of the Council. The Chair of the |
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201 | | - | Commission, or a voting member that the Chair designates as Vice -Chair in his or her absence, |
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202 | | - | shall convene all meetings of the Commission. Voting by proxy shall not be permitted. |
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203 | | - | (b)(1) The voting members of the Commission , by a majority vote, shall hire an |
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204 | | - | Executive Director who shall perform the duties required for the day- to-day functioning of the |
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205 | | - | Commission as considered necessary by the members, including appointment of staff, selection |
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206 | | - | of consultants, and the administration of meetings and report production. The Executive Director |
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207 | | - | shall serve for the life of the Commission. A vacancy shall be filled in the same manner that the |
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208 | | - | original selection was made. |
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209 | | - | (2) The Executive Director shall receive an annual salary consistent with the |
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210 | | - | District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at the |
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211 | | - | midpoint of Grade 10, plus fringe benefits. |
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212 | | - | (c)(1) Each voting member of the Commission shall be entitled to a stipend of $10,000 |
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213 | | - | per year for their service on the Commission; except that, a member of the Council shall not |
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214 | | - | receive a stipend. |
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215 | | - | (2) Voting m embers of the Commission shall be entitled to per diem |
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216 | | - | compensation and reimbursement of expenses for up to 18 meetings of the Commission, not to |
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217 | | - | exceed $2,500 per member. |
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218 | | - | (d)(1) The Commission’s operations may be funded by annual appropriations or private |
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219 | | - | sector assistance, or both. |
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220 | | - | (2)(A) If a special fund is established by the Commission for the receipt of |
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221 | | - | operating donations from non- government sources, the fund shall be administered in accordance |
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222 | | - | with established funding and auditing procedures of the District government. The expenditure of |
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223 | | - | donations shall not be subject to appropriation. |
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224 | | - | (B) The Commission shall keep a record, available to the public for |
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225 | | - | inspection, of all donations, assistance, and any substantial non- government in- kind ENROLLED ORIGINAL |
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| 115 | + | eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and 89 |
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| 116 | + | other forms of disenfranchisement; 90 |
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| 117 | + | (G) The federal and state laws and programs that discriminated against 91 |
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| 118 | + | African Americans from 1619 to the present, including the District of Columbia Compensated 92 |
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| 119 | + | Emancipation Act of 1862; 93 |
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| 120 | + | (H) The other forms of discrimination in the public and private sectors 94 |
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| 121 | + | against African Americans from 1862 to the present, including redlining and unjust land 95 |
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| 122 | + | seizures, educational funding discrepancies, health disparities, and predatory financial practices; 96 |
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| 123 | + | (I) The ongoing negative effects of the institution of slavery on living 97 |
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| 124 | + | African Americans; and 98 |
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| 125 | + | (J) The lived experiences of African Americans in the District, including 99 |
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| 126 | + | the spoken narratives of enslaved peoples, oral histories, and spoken testimonies. 100 |
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| 127 | + | (4) In partnership with community- based organizations with a demonstrated 101 |
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| 128 | + | interest in reparations, recommend ways to educate the public of the Commission’s findings. 102 |
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| 129 | + | (b) In addition to the Commission’s findings in subsection (a) of this section, the 103 |
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| 130 | + | Commission shall detail in the report required by section 103: 104 |
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| 131 | + | (1) The criteria it determines should define an eligible African American entitled 105 |
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| 132 | + | to monetary reparations or other forms of redress from the District government; 106 ENGROSSED ORIGINAL |
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231 | | - | contributions received. The record shall include the full name, address, and occupation or type of |
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232 | | - | business of each donor. |
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233 | | - | (C) For purpose of this subsection, the term “s ubstantial non- government |
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234 | | - | in-kind contributions” includes any service reasonably valued at more than $5,000 that is |
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235 | | - | received from any source other than the District or federal government. |
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236 | | - | (e)(1) The Commission shall have the authority to: |
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237 | | - | (A) Hold hearings, roundtables, and sit and act at any time and location in |
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238 | | - | the District and to use space and supplies owned or rented by the District government; |
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239 | | - | (B) Request the attendance and testimony of witnesses; |
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240 | | - | (C) Request the production of books, records, correspondence, |
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241 | | - | memoranda, papers, and documents; |
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242 | | - | (D) Seek an order from a Superior Court of the District of Columbia |
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243 | | - | compelling testimony or compliance with a subpoena; and |
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244 | | - | (E) Create and operate under its own rules of procedure, consistent with |
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245 | | - | this title. |
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246 | | - | (2) Any member of the Commission may, if authorized by the C hair or Vice- |
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247 | | - | Chair of the Commission , take any action that the Commission is authorized to take pursuant to |
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248 | | - | this title. |
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249 | | - | (3) The Commission may acquire directly from the head of any executive agency |
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250 | | - | available information that the Commission considers useful in the discharge of its duties. |
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251 | | - | (4) All E xecutive agencies shall cooperate with the Commission with respect to |
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252 | | - | such information and shall furnish all information requested by the Commission to the extent |
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253 | | - | permitted by law. |
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254 | | - | (5) The Commission shall keep confidential information received from a n |
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255 | | - | executive agency that is confidential, as required by law. |
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256 | | - | (f) The Commission may: |
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257 | | - | (1) Hire and fix the compensation of such personnel as the Commission considers |
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258 | | - | appropriate, such as an attorney, researcher, economist, historian, genealogist, constitutional law |
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259 | | - | scholar, data scientist, facilitator, forensic accountant, or mental health professional; |
---|
260 | | - | (2) Employ administrative, technical, and legal assistance; |
---|
261 | | - | (3) Procure supplies, services, and property by contract in accordance with |
---|
262 | | - | applicable laws and rules; and |
---|
263 | | - | (4) Enter into contracts for the purposes of conducting research or surveys, |
---|
264 | | - | preparing reports, developing a communications strategy for the release of the report, and |
---|
265 | | - | performing other activities necessary for the discharge of the duties of the Commission with |
---|
266 | | - | executive agencies, instrumentalities of the District, federal departments, agencies, other |
---|
267 | | - | instrumentalities, and private entities. |
---|
268 | | - | |
---|
269 | | - | Sec. 106. Meetings ; quorum; sunset. |
---|
270 | | - | (a) The first meeting of the Commission shall occur no later than June 1, 2025. ENROLLED ORIGINAL |
---|
| 138 | + | (2) How its recommendations comport with international standards, as set forth 107 |
---|
| 139 | + | in various relevant international protocols, laws, and findings, for reparations or other measures 108 |
---|
| 140 | + | to make amends for the wrongs and injuries caused by the institution of slavery and its aftermath ; 109 |
---|
| 141 | + | (3) In what manner the District government can offer a formal apology for its role 110 |
---|
| 142 | + | in the harms perpetuated on African Americans due to slavery and its aftermath; 111 |
---|
| 143 | + | (4) How District laws and policies that may continue to disproportionately and 112 |
---|
| 144 | + | negatively affect African Americans and perpetuate the lingering material and psychosocial 113 |
---|
| 145 | + | effects of slavery can be eliminated; 114 |
---|
| 146 | + | (5) How the resultant injuries can be repaired, including how to provide policies, 115 |
---|
| 147 | + | programs, projects, and recommendations to effect that repair; 116 |
---|
| 148 | + | (6) How the amount of compensation due to eligible African Americans should be 117 |
---|
| 149 | + | calculated; 118 |
---|
| 150 | + | (7) In addition to monetary compensation, if and in what form other redress 119 |
---|
| 151 | + | should be provided to eligible African Americans and through what instrumentalities; and 120 |
---|
| 152 | + | (8) The development and implementation of any programs for African Americans 121 |
---|
| 153 | + | that may be warranted and the suggested form and scope of those programs, if any. 122 |
---|
| 154 | + | Sec. 103. Reporting requirement. 123 |
---|
| 155 | + | (a)(1) The Commission shall submit a written report of its findings and 124 |
---|
| 156 | + | recommendations, which may be accompanied by draft legislation or a list of specific steps for 125 ENGROSSED ORIGINAL |
---|
276 | | - | (b) At least 3 meetings shall be devoted to the issue of eligibility for reparations. |
---|
277 | | - | (c)(1) The Commission shall consider holding a certain number of meetings during |
---|
278 | | - | publicly accessible times , such as during weekends and in evenings. |
---|
279 | | - | (2) Members shall remain in partnership throughout the life of the Commission |
---|
280 | | - | with an organized coalition comprised of impacted African Americans and cross-sector leaders |
---|
281 | | - | who have a demonstrated interest in r eparations in the District of Columbia and who are based in |
---|
282 | | - | the District of Columbia m etropolitan a rea. |
---|
283 | | - | (d) Five members of the Commission shall constitute a quorum. |
---|
284 | | - | (e) The Commission shall sunset after December 31, 202 7, or after the report required by |
---|
285 | | - | section 103(a)(1) has been submitted; except , that nothing shall prohibit the Council from |
---|
286 | | - | soliciting the assistance of former members of the Commission or the Executive Director during |
---|
287 | | - | its review of the Commission’s report or following the sunset. Following the sunset, the |
---|
288 | | - | Commission members or Executive Director shall be entitled to per diem compensation and |
---|
289 | | - | reimbursement of expenses for this assistance. |
---|
290 | | - | |
---|
291 | | - | Sec. 107. Reparations; payments and other forms of redress . |
---|
292 | | - | Any monetary reparations or other forms of redress provided by the District pursuant to |
---|
293 | | - | this title shall be in addition to and not in lieu of any reparations provided at the federal level. |
---|
294 | | - | |
---|
295 | | - | TITLE II. REPARATIONS FUND. |
---|
296 | | - | Sec. 201. Establishment of Reparations Fund. |
---|
297 | | - | (a) There is established as a special fund, the Reparations Fund, which shall be |
---|
298 | | - | administered by the Chief Financial Officer of the District of Columbia in accordance with |
---|
299 | | - | subsections (c) and (d) of this section. |
---|
300 | | - | (b) The following funds shall be deposited into the Reparations Fund: |
---|
301 | | - | (1) Funds appropriated by the District; |
---|
302 | | - | (2) Gifts made to the Reparations Fund; |
---|
303 | | - | (3) Grants made to the Reparations Fund; and |
---|
304 | | - | (4) Public and private donations made to the Reparations Fund. |
---|
305 | | - | (c) The money in the Reparations Fund shall be used for the payment of reparations |
---|
306 | | - | under the reparations program adopted by the District pursuant to the findings and |
---|
307 | | - | recommendations of the Commission on Reparations established by Title I . |
---|
308 | | - | (d) (1) The money deposited into the Reparations Fund but not expended in a fiscal year |
---|
309 | | - | shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at |
---|
310 | | - | the end of a fiscal year, or at any other time. |
---|
311 | | - | (2) Subject to authorization in an approved budget and financial plan, any funds |
---|
312 | | - | appropriated in the Reparations Fund shall be continually available without regard to fiscal year |
---|
313 | | - | limitation. |
---|
314 | | - | |
---|
315 | | - | ENROLLED ORIGINAL |
---|
| 162 | + | implementing its recommendations, to the Mayor and Council no later than 18 months after the 126 |
---|
| 163 | + | date of the first meeting of the Commission held pursuant to section 106( a). 127 |
---|
| 164 | + | (2) The Commission shall submit a written interim update of its progress to the 128 |
---|
| 165 | + | Mayor and Council no later than 270 days after the date of the first meeting of the Commission. 129 |
---|
| 166 | + | (b) Following submission of the report, as required by subsection (a)(1) of this section, 130 |
---|
| 167 | + | the Commission shall convene a public forum to announce its findings and recommendations. 131 |
---|
| 168 | + | (c) All recommendations and reports, including updates, prepared and submitted to the 132 |
---|
| 169 | + | Mayor and Council by the Commission shall be made a matter of public record. 133 |
---|
| 170 | + | Sec. 104. Composition. 134 |
---|
| 171 | + | (a)(1) The Commission shall consist of 12 members; 9 voting members appointed by the 135 |
---|
| 172 | + | Chairperson of the Counci l and 3 ex- officio members. 136 |
---|
| 173 | + | (2) The 9 voting members shall include: 137 |
---|
| 174 | + | (A) Two appointees from organizations with a demonstrated commitment 138 |
---|
| 175 | + | to reparations and preventing and repairing harms caused by racial injustice; 139 |
---|
| 176 | + | (B) Two appointees from the field of academia who have expertise in at 140 |
---|
| 177 | + | least two of the following three areas: civil rights, history, or constitutional law; 141 |
---|
| 178 | + | (C) Two appointees that either currently reside in the District who have 142 |
---|
| 179 | + | been District residents for at least 20 years or who do not currently reside in the District but 143 |
---|
| 180 | + | formerly did so and for at least 20 years; 144 ENGROSSED ORIGINAL |
---|
321 | | - | TITLE III. SLAVERY ERA DATABASE ESTABLISHED. |
---|
322 | | - | Sec. 301. The Department of Insurance and Securities Regulation Establishment Act of |
---|
323 | | - | 1996, effective May 21, 1997 (D.C. Law 11- 268; D.C. Official Code § 31- 101 et seq.), is |
---|
324 | | - | amended by adding a new section 5a to read as follows: |
---|
325 | | - | “Sec. 5a. Slave ry era database. |
---|
326 | | - | “(a) Within one year of the effective date of the Commission on Reparations |
---|
327 | | - | Establishment Amendment Act of 2024, passed on 2nd reading on December 17, 2024 (Enrolled |
---|
328 | | - | version of Bill 25- 152) (“Reparations Act”), the Commissioner shall have established, and |
---|
329 | | - | continue to maintain through the digital repository of the District of Columbia Office of Public |
---|
330 | | - | Records Management, Archival Administration, and Library of Governmental Information, a |
---|
331 | | - | publicly available online slavery era database that includes all records made available to the |
---|
332 | | - | Department pursuant to subsections (b) and (c) of this section. |
---|
333 | | - | “(b) The Commissioner shall request and obtain information from states or insurers |
---|
334 | | - | licensed and doing business in the District of Columbia (“insurer”) regarding any records of |
---|
335 | | - | enslaver insurance policies issued by the insurer or any predecessor insurer during the slavery |
---|
336 | | - | era, including insurance policies that provided coverage for injury to, or death of, enslaved |
---|
337 | | - | people (“insurance records”). |
---|
338 | | - | “(1) The Commissioner may obtain t his information from other states that have |
---|
339 | | - | conducted similar data calls; except, that the Commissioner shall request an update from the |
---|
340 | | - | insurers that reported insurance records to those states on any new records identified since the |
---|
341 | | - | initial data calls of those states. |
---|
342 | | - | “(2) The Commissioner may request this information from insurers in existence |
---|
343 | | - | prior to 1865 or insurers with predecessor insurers in existence prior to 1865 that have not |
---|
344 | | - | submitted records to other states that have conducted similar data calls. |
---|
345 | | - | “(3) The Commissioner shall disclose the names of all enslaved persons and |
---|
346 | | - | enslavers described in the insurance records in the slavery era database. |
---|
347 | | - | “(c)(1) The Commissioner shall request information from banks licensed or doing |
---|
348 | | - | business in the District of Columbia regarding any records of participation in the slavery era by |
---|
349 | | - | the bank or any predecessor institution (“financial records”) , including financial records of : |
---|
350 | | - | “(A) Lending capital for the purchase of enslaved persons; |
---|
351 | | - | “(B) Accepting enslaved persons as collateral for loans; |
---|
352 | | - | “(C) Taking ownership of enslaved persons in events of default on said |
---|
353 | | - | loans; |
---|
354 | | - | “(D) Financing or otherwise supporting the abolition of slavery or the |
---|
355 | | - | passage of enslaved persons to free states or territory; and |
---|
356 | | - | “(E) Other investments and profits from slavery. |
---|
357 | | - | “(2) The Commissioner shall disclose the names of all enslaved persons and |
---|
358 | | - | enslavers and the transactions and profits described in the financial records in the slavery era |
---|
359 | | - | database. |
---|
360 | | - | ENROLLED ORIGINAL |
---|
| 186 | + | (D) One appointee who has expertise in community development and 145 |
---|
| 187 | + | social justice in the District; and 146 |
---|
| 188 | + | (E) One appointee from a faith- based organization. 147 |
---|
| 189 | + | (3)(A) Members shall be drawn from diverse backgrounds to represent the 148 |
---|
| 190 | + | interests of African American communities throughout the District, have experience seeking and 149 |
---|
| 191 | + | implementing racial justice reform, and, to the extent possible, represent geographically diverse 150 |
---|
| 192 | + | areas of the District. 151 |
---|
| 193 | + | (B) The Chairperson of the Council may give special consideration to 152 |
---|
| 194 | + | long-time District residents who, in its determination, have been most harmed by the injury set 153 |
---|
| 195 | + | forth in this title. 154 |
---|
| 196 | + | (b) The 3 non- voting ex officio members, who may attend and participate in meetings, 155 |
---|
| 197 | + | shall be the: 156 |
---|
| 198 | + | (1) Commissioner of the Department of Insurance, Securities, and 157 |
---|
| 199 | + | Banking or the Commissioner’s designee; 158 |
---|
| 200 | + | (2) District’s State Archivist or the Archivist’s designee; and 159 |
---|
| 201 | + | (3) Director of the District of Columbia Office of Human Rights or the 160 |
---|
| 202 | + | Director’s designee. 161 |
---|
| 203 | + | (c)(1) The term of office for members shall be for the life of the Commission. 162 |
---|
| 204 | + | (2) The Chairperson of the Council shall appoint the Commission members no 163 |
---|
| 205 | + | later than 60 days after the effective date of this title. 164 ENGROSSED ORIGINAL |
---|
366 | | - | “(d)(1) Upon the publication of the slavery era database, t he Commissioner shall issue a |
---|
367 | | - | report on the information provided to the Commissioner pursuant to subsections (b) and (c) of |
---|
368 | | - | this section and submit the report to the Mayor and Council. |
---|
369 | | - | “(2) The report required under this subsection shall include a summary of |
---|
370 | | - | insurance records and financial records obtained and a copy of each document provided to the |
---|
371 | | - | Commissioner. |
---|
372 | | - | “(3) The report shall be made publicly available online and a hard copy of the |
---|
373 | | - | report shall be maintained at the Thurgood Marshall Civil Rights Center at Howard University |
---|
374 | | - | School of Law and the District of Columbia Archives. |
---|
375 | | - | “(e) Upon request of the Commission on Reparations, established by Title I of the |
---|
376 | | - | Reparations Act, the Commissioner shall make the insurance records and financial records |
---|
377 | | - | available, to the extent they are available, to the Commission on Reparations to aid it in its study |
---|
378 | | - | of reparations proposals prior to public release. |
---|
379 | | - | “(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure |
---|
380 | | - | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue |
---|
381 | | - | rules to carry out the provisions of this section. |
---|
382 | | - | “(g) For the purposes of this section, the term : |
---|
383 | | - | “(1) “Bank” means any insured bank as defined in 12 U.S.C. § 1813(h), or any |
---|
384 | | - | institution eligible to become an insured bank as defined therein, which accepts demand deposits |
---|
385 | | - | and makes commercial loans. |
---|
386 | | - | “(2) “Enslaved person” means an individual: |
---|
387 | | - | “(A) Who had no freedom of action; |
---|
388 | | - | “(B) Whose person and services were wholly under the control of another; |
---|
389 | | - | “(C) Who was in a state of enforced compulsory service to another; and |
---|
390 | | - | “(D) Who could not legally leave enforced compulsory service to another |
---|
391 | | - | on the individual’s own initiative during the individual’s lifetime before the end of the slavery |
---|
392 | | - | era.”. |
---|
393 | | - | “(3) “Enslaver” means: |
---|
394 | | - | “(A) An owner of an enslaved person; |
---|
395 | | - | “(B) An owner of a commercial enterprise that used the services of an |
---|
396 | | - | enslaved person; |
---|
397 | | - | “(C) An owner of a vessel or other means of transporting enslaved |
---|
398 | | - | persons; or |
---|
399 | | - | “(D) A person dealing in the purchase, sale, or financing of the business of |
---|
400 | | - | enslaved persons and slavery. |
---|
401 | | - | “(4) “Enslaver insurance policies” means a policy issued to or for the benefit of an |
---|
402 | | - | enslaver to insure the enslaver against injury or the death of an enslaved person. |
---|
403 | | - | “(5) “Slavery era ” means the period prior to 1865. ”. |
---|
404 | | - | |
---|
405 | | - | ENROLLED ORIGINAL |
---|
| 211 | + | (3) A vacancy in the voting members on the Commission shall not affect the 165 |
---|
| 212 | + | powers of the Commission . A vacancy shall be filled in the same manner that the original 166 |
---|
| 213 | + | appointment was made. 167 |
---|
| 214 | + | Sec. 105. Organization; compensation; authority. 168 |
---|
| 215 | + | (a) The voting members of the Commission shall elect a chair from among its voting 169 |
---|
| 216 | + | members; except, that the chair may not be a member of the Council. The Chair of the 170 |
---|
| 217 | + | Commission, or a voting member that the Chair designates as Vice -Chair in his or her absence, 171 |
---|
| 218 | + | shall convene all meetings of the Commission. Voting by proxy shall not be permitted. 172 |
---|
| 219 | + | (b)(1) The voting members of the Commission , by a majority vote, shall hire an 173 |
---|
| 220 | + | Executive Director who shall perform the duties required for the day- to-day functioning of the 174 |
---|
| 221 | + | Commission as considered necessary by the members, including appointment of staff, selection 175 |
---|
| 222 | + | of consultants, and the administration of meetings and report production. The Executive Director 176 |
---|
| 223 | + | shall serve for the life of the Commission. A vacancy shall be filled in the same manner that the 177 |
---|
| 224 | + | original selection was made. 178 |
---|
| 225 | + | (2) The Executive Director shall receive an annual salary consistent with the 179 |
---|
| 226 | + | District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at the 180 |
---|
| 227 | + | midpoint of Grade 10, plus fringe benefits. 181 |
---|
| 228 | + | (c)(1) Each voting member of the Commission shall be entitled to a stipend of $10,000 182 |
---|
| 229 | + | per year for their service on the Commission; except that, a member of the Council shall not 183 |
---|
| 230 | + | receive a stipend. 184 ENGROSSED ORIGINAL |
---|
411 | | - | TITLE IV. GENERAL PROVISIONS. |
---|
412 | | - | Sec. 401. Fiscal impact statement . |
---|
413 | | - | The Council adopts the fiscal impact statement in the committee report as the fiscal |
---|
414 | | - | impact statement required by section 4a of the General Legislative Procedures Act of 1975, |
---|
415 | | - | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). |
---|
416 | | - | |
---|
417 | | - | Sec. 402. Effective date. |
---|
418 | | - | This act shall take effect following approval by the Mayor (or in the event of veto by the |
---|
419 | | - | Mayor, action by the Council to override the veto) and a 30-day period of congressional review |
---|
420 | | - | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December |
---|
421 | | - | 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). |
---|
| 236 | + | (2) Voting m embers of the Commission shall be entitled to per diem 185 |
---|
| 237 | + | compensation and reimbursement of expenses for up to 18 meetings of the Commission, not to 186 |
---|
| 238 | + | exceed $2,500 per member. 187 |
---|
| 239 | + | (d)(1) The Commission’s operations may be funded by annual appropriations or private 188 |
---|
| 240 | + | sector assistance, or both. 189 |
---|
| 241 | + | (2)(A) If a special fund is established by the Commission for the receipt of 190 |
---|
| 242 | + | operating donations from non- government sources, the fund shall be administered in accordance 191 |
---|
| 243 | + | with established funding and auditing procedures of the District government. The expenditure of 192 |
---|
| 244 | + | donations shall not be subject to appropriation. 193 |
---|
| 245 | + | (B) The Commission shall keep a record, available to the public for 194 |
---|
| 246 | + | inspection, of all donations, assistance, and any substantial non- government in- kind 195 |
---|
| 247 | + | contributions received. The record shall include the full name, address, and occupation or type of 196 |
---|
| 248 | + | business of each donor. 197 |
---|
| 249 | + | (C) For purpose of this subsection, the term “s ubstantial non- government 198 |
---|
| 250 | + | in-kind contributions” includes any service reasonably valued at more than $5,000 that is 199 |
---|
| 251 | + | received from any source other than the District or federal government. 200 |
---|
| 252 | + | (e)(1) The Commission shall have the authority to: 201 |
---|
| 253 | + | (A) Hold hearings, roundtables, and sit and act at any time and location in 202 |
---|
| 254 | + | the District and to use space and supplies owned or rented by the District government; 203 |
---|
| 255 | + | (B) Request the attendance and testimony of witnesses; 204 ENGROSSED ORIGINAL |
---|
426 | | - | |
---|
427 | | - | ___________________________________ |
---|
428 | | - | Chairman |
---|
429 | | - | Council of the District of Columbia |
---|
| 261 | + | (C) Request the production of books, records, correspondence, 205 |
---|
| 262 | + | memoranda, papers, and documents; 206 |
---|
| 263 | + | (D) Seek an order from a Superior Court of the District of Columbia 207 |
---|
| 264 | + | compelling testimony or compliance with a subpoena; and 208 |
---|
| 265 | + | (E) Create and operate under its own rules of procedure, consistent with 209 |
---|
| 266 | + | this title. 210 |
---|
| 267 | + | (2) Any member of the Commission may, if authorized by the C hair or Vice-211 |
---|
| 268 | + | Chair of the Commission , take any action that the Commission is authorized to take pursuant to 212 |
---|
| 269 | + | this title. 213 |
---|
| 270 | + | (3) The Commission may acquire directly from the head of any executive agency 214 |
---|
| 271 | + | available information that the Commission considers useful in the discharge of its duties. 215 |
---|
| 272 | + | (4) All E xecutive agencies shall cooperate with the Commission with respect to 216 |
---|
| 273 | + | such information and shall furnish all information requested by the Commission to the extent 217 |
---|
| 274 | + | permitted by law. 218 |
---|
| 275 | + | (5) The Commission shall keep confidential information received from a n 219 |
---|
| 276 | + | executive agency that is confidential, as required by law. 220 |
---|
| 277 | + | (f) The Commission may: 221 |
---|
| 278 | + | (1) Hire and fix the compensation of such personnel as the Commission considers 222 |
---|
| 279 | + | appropriate, such as an attorney, researcher, economist, historian, genealogist, constitutional law 223 |
---|
| 280 | + | scholar, data scientist, facilitator, forensic accountant, or a mental health professional; 224 ENGROSSED ORIGINAL |
---|
434 | | - | |
---|
435 | | - | _________________________________ |
---|
436 | | - | Mayor |
---|
437 | | - | District of Columbia |
---|
| 286 | + | (2) Employ administrative, technical, and legal assistance; 225 |
---|
| 287 | + | (3) Procure supplies, services, and property by contract in accordance with 226 |
---|
| 288 | + | applicable laws and rules; and 227 |
---|
| 289 | + | (4) Enter into contracts for the purposes of conducting research or surveys, 228 |
---|
| 290 | + | preparing reports, developing a communications strategy for the release of the report, and 229 |
---|
| 291 | + | performing other activities necessary for the discharge of the duties of the Commission with 230 |
---|
| 292 | + | executive agencies, instrumentalities of the District, federal departments, agencies, other 231 |
---|
| 293 | + | instrumentalities, and private entities. 232 |
---|
| 294 | + | Sec. 106. Meetings ; quorum; sunset. 233 |
---|
| 295 | + | (a) The first meeting of the Commission shall occur no later than June 1, 2025. 234 |
---|
| 296 | + | (b) At least 3 meetings shall be devoted to the issue of eligibility for reparations. 235 |
---|
| 297 | + | (c)(1) The Commission shall consider holding a certain number of meetings during 236 |
---|
| 298 | + | publicly accessible times , such as during weekends and in evenings. 237 |
---|
| 299 | + | (2) Members shall remain in partnership throughout the life of the Commission 238 |
---|
| 300 | + | with an organized coalition comprised of impacted African Americans and cross-sector leaders 239 |
---|
| 301 | + | who have a demonstrated interest in r eparations in the District of Columbia and who are based in 240 |
---|
| 302 | + | the District of Columbia m etropolitan a rea. 241 |
---|
| 303 | + | (d) Five members of the Commission shall constitute a quorum. 242 |
---|
| 304 | + | (e) The Commission shall sunset after December 31, 202 7, or after the report required by 243 |
---|
| 305 | + | section 103(a)(1) has been submitted; except , that nothing shall prohibit the Council from 244 ENGROSSED ORIGINAL |
---|
| 309 | + | 13 |
---|
| 310 | + | |
---|
| 311 | + | soliciting the assistance of former members of the Commission or the Executive Director during 245 |
---|
| 312 | + | its review of the Commission’s report or following the sunset. Following the sunset, the 246 |
---|
| 313 | + | Commission members or Executive Director shall be entitled to per diem compensation and 247 |
---|
| 314 | + | reimbursement of expenses for this assistance. 248 |
---|
| 315 | + | Sec. 107. Reparations; payments and other forms of redress . 249 |
---|
| 316 | + | Any monetary reparations or other forms of redress provided by the District pursuant to 250 |
---|
| 317 | + | this title shall be in addition to and not in lieu of any reparations provided at the federal level. 251 |
---|
| 318 | + | TITLE II. REPARATIONS FUND. 252 |
---|
| 319 | + | Sec. 201. Establishment of Reparations Fund. 253 |
---|
| 320 | + | (a) There is established as a special fund, the Reparations Fund, which shall be 254 |
---|
| 321 | + | administered by the Chief Financial Officer of the District of Columbia in accordance with 255 |
---|
| 322 | + | subsections (c) and (d) of this section. 256 |
---|
| 323 | + | (b) The following funds shall be deposited into the Reparations Fund: 257 |
---|
| 324 | + | (1) Funds appropriated by the District; 258 |
---|
| 325 | + | (2) Gifts made to the Reparations Fund; 259 |
---|
| 326 | + | (3) Grants made to the Reparations Fund; and 260 |
---|
| 327 | + | (4) Public and private donations made to the Reparations Fund. 261 |
---|
| 328 | + | (c) The money in the Reparations Fund shall be used for the payment of reparations 262 |
---|
| 329 | + | under the reparations program adopted by the District pursuant to the findings and 263 |
---|
| 330 | + | recommendations of the Commission on Reparations established by Title I . 264 ENGROSSED ORIGINAL |
---|
| 331 | + | |
---|
| 332 | + | |
---|
| 333 | + | |
---|
| 334 | + | 14 |
---|
| 335 | + | |
---|
| 336 | + | (d) (1) The money deposited into the Reparations Fund but not expended in a fiscal year 265 |
---|
| 337 | + | shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at 266 |
---|
| 338 | + | the end of a fiscal year, or at any other time. 267 |
---|
| 339 | + | (2) Subject to authorization in an approved budget and financial plan, any funds 268 |
---|
| 340 | + | appropriated in the Reparations Fund shall be continually available without regard to fiscal year 269 |
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| 341 | + | limitation. 270 |
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| 342 | + | TITLE III. SLAVERY ERA DATABASE ESTABLISHED. 271 |
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| 343 | + | Sec. 301. The Department of Insurance and Securities Regulation Establishment Act of 272 |
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| 344 | + | 1996, effective May 21, 1997 (D.C. Law 11- 268; D.C. Official Code § 31- 101 et seq.), is 273 |
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| 345 | + | amended by adding a new section 5a to read as follows: 274 |
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| 346 | + | “Sec. 5a. Slave ry era database. 275 |
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| 347 | + | “(a) Within one year of the effective date of the Commission on Reparations 276 |
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| 348 | + | Establishment Amendment Act of 2024, as approved by the Committee on Business and 277 |
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| 349 | + | Economic Development on November 18, 2024 (Committee print of Bill 25-152), the 278 |
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| 350 | + | Commissioner shall have established, and continue to maintain through the digital repository of 279 |
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| 351 | + | the District of Columbia Office of Public Records Management, Archival Administration, and 280 |
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| 352 | + | Library of Governmental Information, a publicly available online slavery era database that 281 |
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| 353 | + | includes all records made available to the Department pursuant to subsections (b) and (c) of this 282 |
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| 354 | + | section. 283 ENGROSSED ORIGINAL |
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| 355 | + | |
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| 356 | + | |
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| 357 | + | |
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| 358 | + | 15 |
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| 359 | + | |
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| 360 | + | “(b) The Commissioner shall request and obtain information from states or insurers 284 |
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| 361 | + | licensed and doing business in the District of Columbia (“insurer”) regarding any records of 285 |
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| 362 | + | enslaver insurance policies issued by the insurer or any predecessor insurer during the slavery 286 |
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| 363 | + | era, including insurance policies that provided coverage for injury to, or death of, enslaved 287 |
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| 364 | + | people (“insurance records”). 288 |
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| 365 | + | “(1) The Commissioner may obtain t his information from other states that have 289 |
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| 366 | + | conducted similar data calls; except, that the Commissioner shall request an update from the 290 |
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| 367 | + | insurers that reported insurance records to those states on any new records identified since the 291 |
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| 368 | + | initial data calls of those states. 292 |
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| 369 | + | “(2) The Commissioner may request this information from insurers in existence 293 |
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| 370 | + | prior to 1865 or insurers with predecessor insurers in existence prior to 1865 that have not 294 |
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| 371 | + | submitted records to other states that have conducted similar data calls. 295 |
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| 372 | + | “(3) The Commissioner shall disclose the names of all enslaved persons and 296 |
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| 373 | + | enslavers described in the insurance records in the slavery era database. 297 |
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| 374 | + | “(c)(1) The Commissioner shall request information from banks licensed or doing 298 |
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| 375 | + | business in the District of Columbia regarding any records of participation in the slavery era by 299 |
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| 376 | + | the bank or any predecessor institution (“financial records”) , including financial records of : 300 |
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| 377 | + | “(A) Lending capital for the purchase of enslaved persons; 301 |
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| 378 | + | “(B) Accepting enslaved persons as collateral for loans; 302 ENGROSSED ORIGINAL |
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| 379 | + | |
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| 380 | + | |
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| 381 | + | |
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| 382 | + | 16 |
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| 383 | + | |
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| 384 | + | “(C) Taking ownership of enslaved persons in events of default on said 303 |
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| 385 | + | loans; 304 |
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| 386 | + | “(D) Financing or otherwise supporting the abolition of slavery or the 305 |
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| 387 | + | passage of enslaved persons to free states or territory; and 306 |
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| 388 | + | “(E) Other investments and profits from slavery. 307 |
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| 389 | + | “(2) The Commissioner shall disclose the names of all enslaved persons and 308 |
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| 390 | + | enslavers and the transactions and profits described in the financial records in the slavery era 309 |
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| 391 | + | database. |
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| 392 | + | 310 |
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| 393 | + | “(d) Upon the publication of the slavery era database, t he Commissioner shall issue a 311 |
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| 394 | + | report on the information provided to the Commissioner pursuant to subsections (b) and (c) of 312 |
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| 395 | + | this section and submit the report to the Mayor and Council. 313 |
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| 396 | + | “(1) The report required under this section shall include a summary of insurance 314 |
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| 397 | + | records and financial records obtained and a copy of each document provided to the 315 |
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| 398 | + | Commissioner. 316 |
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| 399 | + | “(2) The report shall be made publicly available online and a hard copy of the 317 |
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| 400 | + | report shall be maintained at the Thurgood Marshall Civil Rights Center at Howard University 318 |
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| 401 | + | School of Law and the District of Columbia Archives. 319 |
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| 402 | + | “(e) Upon request of the Commission on Reparations, established by Title I of the 320 |
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| 403 | + | Reparations Act, as approved by the Committee on Business and Economic Development on 321 |
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| 404 | + | November 18, 2024 (Committee print of Bill 25 -152), the Commissioner shall make the 322 ENGROSSED ORIGINAL |
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| 405 | + | |
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| 406 | + | |
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| 407 | + | |
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| 408 | + | 17 |
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| 409 | + | |
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| 410 | + | insurance records and financial records available, to the extent they are available, to the 323 |
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| 411 | + | Commission on Reparations to aid it in its study of reparations proposals prior to public release. 324 |
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| 412 | + | “(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 325 |
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| 413 | + | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue 326 |
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| 414 | + | rules to carry out the provisions of this section. 327 |
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| 415 | + | “(g) For the purposes of this section, the term : 328 |
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| 416 | + | (1) “Bank” means any insured bank as defined in 12 U.S.C. § 1813(h), or any 329 |
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| 417 | + | institution eligible to become an insured bank as defined therein, which accepts demand deposits 330 |
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| 418 | + | and makes commercial loans. 331 |
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| 419 | + | (2) “Enslaved person” means an individual: 332 |
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| 420 | + | “(A) Who had no freedom of action; 333 |
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| 421 | + | “(B) Whose person and services were wholly under the control of another; 334 |
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| 422 | + | “(C) Who was in a state of enforced compulsory service to another; and 335 |
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| 423 | + | “(D) Who could not legally leave enforced compulsory service to another 336 |
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| 424 | + | on the individual’s own initiative during the individual’s lifetime before the end of the slavery 337 |
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| 425 | + | era.”. 338 |
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| 426 | + | (3) “Enslaver” means: 339 |
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| 427 | + | “(A) An owner of an enslaved person; 340 |
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| 428 | + | “(B) An owner of a commercial enterprise that used the services of an 341 |
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| 429 | + | enslaved person; 342 ENGROSSED ORIGINAL |
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| 430 | + | |
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| 431 | + | |
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| 432 | + | |
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| 433 | + | 18 |
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| 434 | + | |
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| 435 | + | “(C) An owner of a vessel or other means of transporting enslaved 343 |
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| 436 | + | persons; or 344 |
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| 437 | + | “(D) A person dealing in the purchase, sale, or financing of the business of 345 |
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| 438 | + | enslaved persons and slavery. 346 |
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| 439 | + | (4) “Enslaver insurance policies” means a policy issued to or for the benefit of an 347 |
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| 440 | + | enslaver to insure the enslaver against injury or the death of an enslaved person. 348 |
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| 441 | + | (5) “Slavery era” means the period prior to 1865.”. 349 |
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| 442 | + | TITLE IV. GENERAL PROVISIONS. 350 |
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| 443 | + | Sec. 401. Fiscal impact statement. 351 |
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| 444 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 352 |
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| 445 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 353 |
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| 446 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 354 |
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| 447 | + | Sec. 402. Effective date. 355 |
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| 448 | + | This act shall take effect following approval by the Mayor (or in the event of veto by the 356 |
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| 449 | + | Mayor, action by the Council to override the veto) and a 30-day period of congressional review 357 |
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| 450 | + | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 358 |
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| 451 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 359 |
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