District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0152 Compare Versions

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7-AN ACT
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9-___________
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-___________
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17-To establish a Commission on Reparations to study and develop reparation proposals for eligible
18-African Americans and a Reparations Foundation Fund to be used for the future payment
19-of reparations; and to amend the Department of Insurance and Securities Regulation
20-Establishment Act of 1996 to require the Commissioner of the Department of Insurance,
21-Securities, and Banking to establish a slavery era database of insurance records and
22-financial records.
23-
24-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25-act may be cited as the “Insurance Database Amendment Act of 2024”.
26-
27-TITLE I. COMMISSION ON REPARATIONS.
28- Sec. 101. Commission on Reparations; establishment and purpose.
29-(a) There is established a Commission on Reparations (“Commission”).
30-(b) The Commission shall:
31- (1) With a focus on African Americans and matters in the District of Columbia
32-and the role of District government (in all its forms), study and analyze the :
33- (A) Institution of slavery;
34- (B) Transatlantic and domestic slave trade that existed in what is now the
35-United States between the period of 1619 to 1865;
36- (C) Federal and state governments support, constitutionally and statutorily,
37-of the institution of slavery;
38- (D) Lawful and de facto discrimination against enslaved people and other
39-free African American people and their descendants from the end of the Civil War to the present,
40-including economic, political, educational, and social discrimination, and structural and
41-institutional racism;
42- (E) Direct benefits received by societal institutions, public and private,
43-including higher education, corporate, religious, and associations as a result of the institution of
44-slavery and its ongoing repercussions ;
45- (F) Takings of property, generally, through civil asset forfeiture , the
46-seizure of land acquired through eminent domain, and other unjust land seizures broadening the ENROLLED ORIGINAL
7+ 1
8+A BILL 2
9+ 3
10+25-152 4
11+ 5
12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
13+ 7
14+____________________ 8
15+ 9
16+ 10
17+To establish a Commission on Reparations to study and develop reparation proposals for eligible 11
18+African Americans and a Reparations Foundation Fund to be used for the future payment 12
19+of reparations; and to amend the Department of Insurance and Securities Regulation 13
20+Establishment Act of 1996 to require the Commissioner of the Department of Insurance, 14
21+Securities, and Banking to establish a slavery era database of insurance records and 15
22+financial records. 16
23+ 17
24+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
25+act may be cited as the “Insurance Database Amendment Act of 2024”. 19
26+ 20
27+TITLE I. COMMISSION ON REPARATIONS. 21
28+ Sec. 101. Commission on Reparations; establishment and purpose. 22
29+(a) There is established a Commission on Reparations (“Commission”). 23
30+(b) The Commission shall: 24
31+ (1) With a focus on African Americans and matters in the District of Columbia 25
32+and the role of District government (in all its forms), study and analyze the : 26
33+ (A) Institution of slavery; 27
34+ (B ) Transatlantic and domestic slave trade that existed in what is now the 28
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
53-between 1865 and 1973, including in the areas around Broad Branch Road, Chevy Chase, and
54-Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback
55-from individuals who claim knowledge of property, familial or otherwise, that was taken by the
56-District government or federal government;
57- (G) Compounding effect of the racial wealth gap over time and the impact
58-of the racial wealth gap on areas such as health outcomes and public safety; and
59- (H) Ongoing negative effects of the institution of slavery on African
60-Americans living today and society at large in the United States today, including in such areas as
61-the de facto segregation of the African American population, the criminal legal system, mass
62-incarceration, prison conditions, police brutality, and education, displacement from the District,
63-and other areas of continuing structural and institutional racism.
64- (2) Based on the Commission’s study and analysis of the matters described in
65-paragraph (1) of this subsection and as further authorized by this title, develop a proposal to
66-provide eligible African Americans monetary reparations or other forms of redress.
67- (3) The Commission shall be guided, but not restricted, by the 5 conditions for
68-full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly
69-Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and
70-guarantees of non- repetition.
71-
72-Sec. 102. Duties and responsibilities.
73-(a) The Commission shall:
74- (1) Study and explore the creation of a new government agency, such as , for
75-example, an African American People’s Bureau, to implement any or all of the reparations
76-proposals;
77- (2) Make recommendations regarding the sources, distribution method, and
78-schedule of distribution to eligible African American s of the funds in the Reparations Fund
79-established by section 201, including recommending a method to exempt the recipients of funds
80-from having to contribute to the sources of the Reparations Fund and from having any funds
81-received from the Reparations Fund taxed, included in a recipient’s taxable income, or in any
82-manner negatively affecting any public assistance that a recipient may be receiving or may have
83-received.
84- (3) Compile and synthesize evidentiary documentation and testimonies of lived
85-experiences (“documentation”) relating to the institution of slavery and its after effects in the
86-United States during the period 1619 to 1865 up to the present, with a focus on the District of
87-Columbia and former residents of the District, including, to the extent possible, documentation
88-related to:
89- (A) The capture and procurement of Africans;
90- (B) The forced removal and treatment of Africans from Africa and the
91-African diaspora to what became the United States for the purpose of enslavement; ENROLLED ORIGINAL
41+ (C) Federal and state governments support, constitutionally and statutorily, 30
42+of the institution of slavery; 31
43+ (D) Lawful and de facto discrimination against enslaved people and other 32
44+free African American people and their descendants from the end of the Civil War to the present, 33
45+including economic, political, educational, and social discrimination, and structural and 34
46+institutional racism; 35
47+ (E) Direct benefits received by societal institutions, public and private, 36
48+including higher education, corporate, religious, and associations as a result of the institution of 37
49+slavery and its ongoing repercussions ; 38
50+ (F) Takings of property, generally, through civil asset forfeiture , the 39
51+seizure of land acquired through eminent domain, and other unjust land seizures broadening the 40
52+wealth gap, and, specifically, such takings by the District government or federal government 41
53+between 1865 and 1973, including in the areas around Broad Branch Road, Chevy Chase, and 42
54+Fort Reno, and in the southwest quadrant; which study may include soliciting public feedback 43
55+from individuals who claim knowledge of property, familial or otherwise, that was taken by the 44
56+District government or federal government; 45
57+ (G) Compounding effect of the racial wealth gap over time and the impact 46
58+of the racial wealth gap on areas such as health outcomes and public safety; and 47
59+ (H) Ongoing negative effects of the institution of slavery on African 48
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
98-and intrastate commerce;
99- (D) The treatment of enslaved human beings, including the deprivation of
100-their freedom, exploitation of their labor, and attempted destruction of their culture, language,
101-religion, and families;
102- (E) The extensive denial of humanity and reproductive autonomy, rape
103-and sexual abuse, forced breeding, and chattelization of persons for financial gain;
104- (F) The federal and state laws that restricted the movement, land
105-ownership, liberty, and humanity of African Americans, including Black codes, vagrancy acts,
106-eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and
107-other forms of disenfranchisement;
108- (G) The federal and state laws and programs that discriminated against
109-African Americans from 1619 to the present, including the District of Columbia Compensated
110-Emancipation Act of 1862;
111- (H) The other forms of discrimination in the public and private sectors
112-against African Americans from 1862 to the present, including redlining and unjust land
113-seizures, educational funding discrepancies, health disparities, and predatory financial practices;
114- (I) The ongoing negative effects of the institution of slavery on living
115-African Americans; and
116- (J) The lived experiences of African Americans in the District, including
117-the spoken narratives of enslaved peoples, oral histories, and spoken testimonies.
118- (4) In partnership with community- based organizations with a demonstrated
119-interest in reparations, recommend ways to educate the public of the Commission’s findings.
120-(b) In addition to the Commission’s findings in subsection (a) of this section, the
121-Commission shall detail in the report required by section 103:
122- (1) The criteria it determines should define an eligible African American entitled
123-to monetary reparations or other forms of redress from the District government;
124- (2) How its recommendations comport with international standards, as set forth
125-in various relevant international protocols, laws, and findings, for reparations or other measures
126-to make amends for the wrongs and injuries caused by the institution of slavery and its aftermath ;
127- (3) In what manner the District government can offer a formal apology for its role
128-in the harms perpetuated on African Americans due to slavery and its aftermath;
129- (4) How District laws and policies that may continue to disproportionately and
130-negatively affect African Americans and perpetuate the lingering material and psychosocial
131-effects of slavery can be eliminated;
132- (5) How the resultant injuries can be repaired, including how to provide policies,
133-programs, projects, and recommendations to effect that repair;
134- (6) How the amount of compensation due to eligible African Americans should be
135-calculated; ENROLLED ORIGINAL
66+the de facto segregation of the African American population, the criminal legal system, mass 50
67+incarceration, prison conditions, police brutality, and education, displacement from the District, 51
68+and other areas of continuing structural and institutional racism. 52
69+ (2) Based on the Commission’s study and analysis of the matters described in 53
70+paragraph (1) of this subsection and as further authorized by this title, develop a proposal to 54
71+provide eligible African Americans monetary reparations or other forms of redress. 55
72+ (3) The Commission shall be guided, but not restricted, by the 5 conditions for 56
73+full reparations as detailed in principles 19 to 23 of the United Nations’s General Assembly 57
74+Resolution 60/147, including restitution, compensation, rehabilitation, satisfaction, and 58
75+guarantees of non- repetition. 59
76+Sec. 102. Duties and responsibilities. 60
77+(a) The Commission shall: 61
78+ (1) Study and explore the creation of a new government agency, such as , for 62
79+example, an African American People’s Bureau, to implement any or all of the reparations 63
80+proposals; 64
81+ (2) Make recommendations regarding the sources, distribution method, and 65
82+schedule of distribution to eligible African American s of the funds in the Reparations Fund 66
83+established by section 201, including recommending a method to exempt the recipients of funds 67
84+from having to contribute to the sources of the Reparations Fund and from having any funds 68
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
142-should be provided to eligible African Americans and through what instrumentalities; and
143- (8) The development and implementation of any programs for African Americans
144-that may be warranted and the suggested form and scope of those programs, if any.
145-
146-Sec. 103. Reporting requirement.
147-(a)(1) The Commission shall submit a written report of its findings and
148-recommendations, which may be accompanied by draft legislation or a list of specific steps for
149-implementing its recommendations, to the Mayor and Council no later than 18 months after the
150-date of the first meeting of the Commission held pursuant to section 106( a).
151-(2) The Commission shall submit a written interim update of its progress to the
152-Mayor and Council no later than 270 days after the date of the first meeting of the Commission.
153-(b) Following submission of the report, as required by subsection (a)(1) of this section,
154-the Commission shall convene a public forum to announce its findings and recommendations.
155- (c) All recommendations and reports, including updates, prepared and submitted to the
156-Mayor and Council by the Commission shall be made a matter of public record.
157-
158- Sec. 104. Composition.
159-(a)(1) The Commission shall consist of 12 members; 9 voting members appointed by the
160-Chairperson of the Counci l and 3 ex- officio members.
161-(2) The 9 voting members shall include:
162- (A) Two appointees from organizations with a demonstrated commitment
163-to reparations and preventing and repairing harms caused by racial injustice;
164- (B) Two appointees from the field of academia who have expertise in at
165-least 2 of the following 3 areas : civil rights, history, or constitutional law;
166- (C) Two appointees that either currently reside in the District who have
167-been District residents for at least 20 years or who do not currently reside in the District but
168-formerly did so and for at least 20 years;
169- (D) One appointee who has expertise in community development and
170-social justice in the District; and
171- (E) One appointee from a faith- based organization.
172- (3)(A) Members shall be drawn from diverse backgrounds to represent the
173-interests of African American communities throughout the District, have experience seeking and
174-implementing racial justice reform, and, to the extent possible, represent geographically diverse
175-areas of the District.
176- (B) The Chairperson of the Council may give special consideration to
177-long-time District residents who, in his or her determination, have been most harmed by the
178-injury set forth in this title.
179-(b) The 3 non- voting ex officio members, who may attend and participate in meetings,
180-shall be the: ENROLLED ORIGINAL
91+manner negatively affecting any public assistance that a recipient may be receiving or may have 70
92+received. 71
93+ (3) Compile and synthesize evidentiary documentation and testimonies of lived 72
94+experiences (“documentation”) relating to the institution of slavery and its after effects in the 73
95+United States during the period 1619 to 1865 up to the present, with a focus on the District of 74
96+Columbia and former residents of the District, including, to the extent possible, documentation 75
97+related to: 76
98+ (A) The capture and procurement of Africans; 77
99+ (B) The forced removal and treatment of Africans from Africa and the 78
100+African diaspora to what became the United States for the purpose of enslavement; 79
101+ (C) The sale and acquisition of Africans as chattel property in interstate 80
102+and intrastate commerce; 81
103+ (D) The treatment of enslaved human beings, including the deprivation of 82
104+their freedom, exploitation of their labor, and attempted destruction of their culture, language, 83
105+religion, and families; 84
106+ (E) The extensive denial of humanity and reproductive autonomy, rape 85
107+and sexual abuse, forced breeding, and chattelization of persons for financial gain; 86
108+ (F) The federal and state laws that restricted the movement, land 87
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
187-Banking or the Commissioner’s designee;
188- (2) District’s State Archivist or the Archivist’s designee; and
189- (3) Director of the District of Columbia Office of Human Rights or the
190-Director’s designee.
191- (c)(1) The term of office for members shall be for the life of the Commission.
192- (2) The Chairperson of the Council shall appoint the Commission members no
193-later than 60 days after the effective date of this title.
194- (3) A vacancy in the voting members on the Commission shall not affect the
195-powers of the Commission . A vacancy shall be filled in the same manner that the original
196-appointment was made.
197-
198- Sec. 105. Organization; compensation; authority.
199- (a) The voting members of the Commission shall elect a chair from among its voting
200-members; except, that the chair may not be a member of the Council. The Chair of the
201-Commission, or a voting member that the Chair designates as Vice -Chair in his or her absence,
202-shall convene all meetings of the Commission. Voting by proxy shall not be permitted.
203- (b)(1) The voting members of the Commission , by a majority vote, shall hire an
204-Executive Director who shall perform the duties required for the day- to-day functioning of the
205-Commission as considered necessary by the members, including appointment of staff, selection
206-of consultants, and the administration of meetings and report production. The Executive Director
207-shall serve for the life of the Commission. A vacancy shall be filled in the same manner that the
208-original selection was made.
209- (2) The Executive Director shall receive an annual salary consistent with the
210-District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at the
211-midpoint of Grade 10, plus fringe benefits.
212- (c)(1) Each voting member of the Commission shall be entitled to a stipend of $10,000
213-per year for their service on the Commission; except that, a member of the Council shall not
214-receive a stipend.
215- (2) Voting m embers of the Commission shall be entitled to per diem
216-compensation and reimbursement of expenses for up to 18 meetings of the Commission, not to
217-exceed $2,500 per member.
218- (d)(1) The Commission’s operations may be funded by annual appropriations or private
219-sector assistance, or both.
220- (2)(A) If a special fund is established by the Commission for the receipt of
221-operating donations from non- government sources, the fund shall be administered in accordance
222-with established funding and auditing procedures of the District government. The expenditure of
223-donations shall not be subject to appropriation.
224- (B) The Commission shall keep a record, available to the public for
225-inspection, of all donations, assistance, and any substantial non- government in- kind ENROLLED ORIGINAL
115+eminent domain, the war on drugs, mass incarceration, police brutality, prison conditions, and 89
116+other forms of disenfranchisement; 90
117+ (G) The federal and state laws and programs that discriminated against 91
118+African Americans from 1619 to the present, including the District of Columbia Compensated 92
119+Emancipation Act of 1862; 93
120+ (H) The other forms of discrimination in the public and private sectors 94
121+against African Americans from 1862 to the present, including redlining and unjust land 95
122+seizures, educational funding discrepancies, health disparities, and predatory financial practices; 96
123+ (I) The ongoing negative effects of the institution of slavery on living 97
124+African Americans; and 98
125+ (J) The lived experiences of African Americans in the District, including 99
126+the spoken narratives of enslaved peoples, oral histories, and spoken testimonies. 100
127+ (4) In partnership with community- based organizations with a demonstrated 101
128+interest in reparations, recommend ways to educate the public of the Commission’s findings. 102
129+(b) In addition to the Commission’s findings in subsection (a) of this section, the 103
130+Commission shall detail in the report required by section 103: 104
131+ (1) The criteria it determines should define an eligible African American entitled 105
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
232-business of each donor.
233- (C) For purpose of this subsection, the term “s ubstantial non- government
234-in-kind contributions” includes any service reasonably valued at more than $5,000 that is
235-received from any source other than the District or federal government.
236-(e)(1) The Commission shall have the authority to:
237- (A) Hold hearings, roundtables, and sit and act at any time and location in
238-the District and to use space and supplies owned or rented by the District government;
239- (B) Request the attendance and testimony of witnesses;
240- (C) Request the production of books, records, correspondence,
241-memoranda, papers, and documents;
242- (D) Seek an order from a Superior Court of the District of Columbia
243-compelling testimony or compliance with a subpoena; and
244- (E) Create and operate under its own rules of procedure, consistent with
245-this title.
246- (2) Any member of the Commission may, if authorized by the C hair or Vice-
247-Chair of the Commission , take any action that the Commission is authorized to take pursuant to
248-this title.
249- (3) The Commission may acquire directly from the head of any executive agency
250-available information that the Commission considers useful in the discharge of its duties.
251- (4) All E xecutive agencies shall cooperate with the Commission with respect to
252-such information and shall furnish all information requested by the Commission to the extent
253-permitted by law.
254- (5) The Commission shall keep confidential information received from a n
255-executive agency that is confidential, as required by law.
256- (f) The Commission may:
257- (1) Hire and fix the compensation of such personnel as the Commission considers
258-appropriate, such as an attorney, researcher, economist, historian, genealogist, constitutional law
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
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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
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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
361206
362207
363208
364209 9
365210
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
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407232
408233
409234 10
410235
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
422256
423257
424258
259+11
425260
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
430281
431282
432283
284+12
433285
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
438306
439307
440308
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
341+limitation. 270
342+TITLE III. SLAVERY ERA DATABASE ESTABLISHED. 271
343+Sec. 301. The Department of Insurance and Securities Regulation Establishment Act of 272
344+1996, effective May 21, 1997 (D.C. Law 11- 268; D.C. Official Code § 31- 101 et seq.), is 273
345+amended by adding a new section 5a to read as follows: 274
346+“Sec. 5a. Slave ry era database. 275
347+“(a) Within one year of the effective date of the Commission on Reparations 276
348+Establishment Amendment Act of 2024, as approved by the Committee on Business and 277
349+Economic Development on November 18, 2024 (Committee print of Bill 25-152), the 278
350+Commissioner shall have established, and continue to maintain through the digital repository of 279
351+the District of Columbia Office of Public Records Management, Archival Administration, and 280
352+Library of Governmental Information, a publicly available online slavery era database that 281
353+includes all records made available to the Department pursuant to subsections (b) and (c) of this 282
354+section. 283 ENGROSSED ORIGINAL
355+
356+
357+
358+15
359+
360+“(b) The Commissioner shall request and obtain information from states or insurers 284
361+licensed and doing business in the District of Columbia (“insurer”) regarding any records of 285
362+enslaver insurance policies issued by the insurer or any predecessor insurer during the slavery 286
363+era, including insurance policies that provided coverage for injury to, or death of, enslaved 287
364+people (“insurance records”). 288
365+ “(1) The Commissioner may obtain t his information from other states that have 289
366+conducted similar data calls; except, that the Commissioner shall request an update from the 290
367+insurers that reported insurance records to those states on any new records identified since the 291
368+initial data calls of those states. 292
369+ “(2) The Commissioner may request this information from insurers in existence 293
370+prior to 1865 or insurers with predecessor insurers in existence prior to 1865 that have not 294
371+submitted records to other states that have conducted similar data calls. 295
372+ “(3) The Commissioner shall disclose the names of all enslaved persons and 296
373+enslavers described in the insurance records in the slavery era database. 297
374+“(c)(1) The Commissioner shall request information from banks licensed or doing 298
375+business in the District of Columbia regarding any records of participation in the slavery era by 299
376+the bank or any predecessor institution (“financial records”) , including financial records of : 300
377+ “(A) Lending capital for the purchase of enslaved persons; 301
378+ “(B) Accepting enslaved persons as collateral for loans; 302 ENGROSSED ORIGINAL
379+
380+
381+
382+16
383+
384+ “(C) Taking ownership of enslaved persons in events of default on said 303
385+loans; 304
386+ “(D) Financing or otherwise supporting the abolition of slavery or the 305
387+passage of enslaved persons to free states or territory; and 306
388+ “(E) Other investments and profits from slavery. 307
389+ “(2) The Commissioner shall disclose the names of all enslaved persons and 308
390+enslavers and the transactions and profits described in the financial records in the slavery era 309
391+database.
392+ 310
393+“(d) Upon the publication of the slavery era database, t he Commissioner shall issue a 311
394+report on the information provided to the Commissioner pursuant to subsections (b) and (c) of 312
395+this section and submit the report to the Mayor and Council. 313
396+ “(1) The report required under this section shall include a summary of insurance 314
397+records and financial records obtained and a copy of each document provided to the 315
398+Commissioner. 316
399+ “(2) The report shall be made publicly available online and a hard copy of the 317
400+report shall be maintained at the Thurgood Marshall Civil Rights Center at Howard University 318
401+School of Law and the District of Columbia Archives. 319
402+“(e) Upon request of the Commission on Reparations, established by Title I of the 320
403+Reparations Act, as approved by the Committee on Business and Economic Development on 321
404+November 18, 2024 (Committee print of Bill 25 -152), the Commissioner shall make the 322 ENGROSSED ORIGINAL
405+
406+
407+
408+17
409+
410+insurance records and financial records available, to the extent they are available, to the 323
411+Commission on Reparations to aid it in its study of reparations proposals prior to public release. 324
412+“(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 325
413+Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue 326
414+rules to carry out the provisions of this section. 327
415+“(g) For the purposes of this section, the term : 328
416+ (1) “Bank” means any insured bank as defined in 12 U.S.C. § 1813(h), or any 329
417+institution eligible to become an insured bank as defined therein, which accepts demand deposits 330
418+and makes commercial loans. 331
419+ (2) “Enslaved person” means an individual: 332
420+ “(A) Who had no freedom of action; 333
421+ “(B) Whose person and services were wholly under the control of another; 334
422+ “(C) Who was in a state of enforced compulsory service to another; and 335
423+ “(D) Who could not legally leave enforced compulsory service to another 336
424+on the individual’s own initiative during the individual’s lifetime before the end of the slavery 337
425+era.”. 338
426+ (3) “Enslaver” means: 339
427+ “(A) An owner of an enslaved person; 340
428+ “(B) An owner of a commercial enterprise that used the services of an 341
429+enslaved person; 342 ENGROSSED ORIGINAL
430+
431+
432+
433+18
434+
435+ “(C) An owner of a vessel or other means of transporting enslaved 343
436+persons; or 344
437+ “(D) A person dealing in the purchase, sale, or financing of the business of 345
438+enslaved persons and slavery. 346
439+ (4) “Enslaver insurance policies” means a policy issued to or for the benefit of an 347
440+enslaver to insure the enslaver against injury or the death of an enslaved person. 348
441+ (5) “Slavery era” means the period prior to 1865.”. 349
442+TITLE IV. GENERAL PROVISIONS. 350
443+Sec. 401. Fiscal impact statement. 351
444+The Council adopts the fiscal impact statement in the committee report as the fiscal 352
445+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 353
446+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 354
447+Sec. 402. Effective date. 355
448+This act shall take effect following approval by the Mayor (or in the event of veto by the 356
449+Mayor, action by the Council to override the veto) and a 30-day period of congressional review 357
450+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 358
451+24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 359