I
118THCONGRESS
1
STSESSION H. R. 40
To address the fundamental injustice, cruelty, brutality, and inhumanity of
slavery in the United States and the 13 American colonies between
1619 and 1865 and to establish a commission to study and consider
a national apology and proposal for reparations for the institution of
slavery, its subsequent de jure and de facto racial and economic discrimi-
nation against African Americans, and the impact of these forces on
living African Americans, to make recommendations to the Congress
on appropriate remedies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2023
Ms. J
ACKSONLEE(for herself, Ms. KELLYof Illinois, Ms. PRESSLEY, Mr.
M
FUME, Ms. SCHAKOWSKY, Ms. PLASKETT, Mr. DAVISof Illinois, Mr.
K
ILMER, Ms. WILSONof Florida, Mr. GARAMENDI, Ms. ADAMS, Mr.
T
ORRESof New York, Mr. CARSON, Ms. NORTON, Ms. JACOBS, Ms. LEE
of California, Mr. C
ARTERof Louisiana, Mr. JOHNSONof Georgia, Mr.
C
OSTA, Ms. SEWELL, Ms. CHU, Mrs. DINGELL, Mr. MCGOVERN, Mr.
P
OCAN, Mr. PHILLIPS, Mrs. BEATTY, Mr. BLUMENAUER, Mr. LIEU, Mr.
B
OWMAN, Ms. MOOREof Wisconsin, Mr. CUELLAR, Mrs. WATSONCOLE-
MAN, Mr. DOGGETT, Mr. RUPPERSBERGER, Mr. BOYLEof Pennsylvania,
Mr. K
EATING, Mr. ESPAILLAT, Ms. BUSH, Ms. BONAMICI, Mr.
T
HANEDAR, Mr. NEGUSE, Ms. WILLIAMSof Georgia, Mr. CASE, Ms.
T
LAIB, Ms. CROCKETT, Mr. QUIGLEY, Ms. TITUS, Ms. TOKUDA, Mr.
B
ISHOPof Georgia, Mr. CASTROof Texas, Mr. JACKSONof Illinois, Ms.
K
AMLAGER-DOVE, and Mr. HORSFORD) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To address the fundamental injustice, cruelty, brutality, and
inhumanity of slavery in the United States and the 13
American colonies between 1619 and 1865 and to estab-
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lish a commission to study and consider a national apol-
ogy and proposal for reparations for the institution of
slavery, its subsequent de jure and de facto racial and
economic discrimination against African Americans, and
the impact of these forces on living African Americans,
to make recommendations to the Congress on appro-
priate remedies, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Commission to Study 4
and Develop Reparation Proposals for African Americans 5
Act’’. 6
SEC. 2. FINDINGS AND PURPOSE. 7
(a) F
INDINGS.—The Congress finds that— 8
(1) approximately 4,000,000 Africans and their 9
descendants were enslaved in the United States and 10
colonies that became the United States from 1619 to 11
1865; 12
(2) the institution of slavery was constitu-13
tionally and statutorily sanctioned by the Govern-14
ment of the United States from 1789 through 1865; 15
(3) the slavery that flourished in the United 16
States constituted an immoral and inhumane depri-17
vation of Africans’ life, liberty, African citizenship 18
rights, and cultural heritage, and denied them the 19
fruits of their own labor; 20
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(4) a preponderance of scholarly, legal, commu-1
nity evidentiary documentation and popular culture 2
markers constitute the basis for inquiry into the on- 3
going effects of the institution of slavery and its leg-4
acy of persistent systemic structures of discrimina-5
tion on living African Americans and society in the 6
United States; 7
(5) the brutal overthrow of Reconstruction, 8
which represented a significant but constrained mo-9
ment of advances for Black rights as epitomized by 10
the 13th, 14th, and 15th Amendments to the Con-11
stitution, the Civil Rights Acts of 1866 and 1875 12
and the Freedman’s Bureau, failed African Ameri-13
cans by failing to ensure their safety and security; 14
(6) following the abolition of slavery and end of 15
Reconstruction the United States Government, 16
through laws enacted at the Federal, State, and 17
local level, continued to perpetuate, condone and 18
profit from practices that continued to brutalize and 19
disadvantage African Americans, including share 20
cropping, convict leasing, Jim Crow, redlining, un-21
equal education, and disproportionate treatment at 22
the hands of the criminal justice system, resulting in 23
stolen labor and ultimately forestalling landmark 24
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contributions in science, arts, commerce and public 1
service; 2
(7) the civil rights movement, and other efforts 3
to redress grievances arising from systemic inequi-4
ties, were sabotaged, both intentionally and uninten-5
tionally, thus rendering the accomplishments of 6
those efforts transitory and unsustainable, and fur-7
ther embedding racial inequality in society; 8
(8) examples of discriminatory Federal Govern-9
ment actions directed against African Americans in-10
clude— 11
(A) the creation of the Federal Housing 12
Administration, which adopted specific policies 13
designed to incentivize residential segregation; 14
(B) the enactment of legislation creating 15
the Social Security program, for which most Af-16
rican Americans were purposely rendered ineli-17
gible during its first two decades; 18
(C) the Servicemen’s Readjustment Act of 19
1944 (commonly known as the GI Bill of 20
Rights; 58 Stat. 284, chapter 268), which left 21
administration of its programs to the States, 22
thus enabling discrimination against African- 23
American veterans; and 24
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(D) the Fair Labor Standards Act of 1
1938, which allowed labor unions to discrimi-2
nate based on race; and 3
(9) as a result of the historic and continued dis-4
crimination, African Americans continue to suffer 5
debilitating economic, educational, and health hard-6
ships including but not limited to having nearly 7
1,000,000 Black people incarcerated; an unemploy-8
ment rate more than twice the current White unem-9
ployment rate; and an average of less than
1
⁄16of 10
the wealth of White families, a disparity which has 11
worsened, not improved over time. 12
(b) P
URPOSE.—The purpose of this Act is to estab-13
lish a commission to study and develop Reparation pro-14
posals for African Americans as a result of— 15
(1) the institution of slavery, including both the 16
Trans-Atlantic and the domestic ‘‘trade’’ which ex-17
isted from 1565 in colonial Florida and from 1619 18
through 1865 within the other colonies that became 19
the United States, and which included the Federal 20
and State governments which constitutionally and 21
statutorily supported the institution of slavery; 22
(2) the de jure and de facto discrimination 23
against freed slaves and their descendants from the 24
end of the Civil War to the present, including eco-25
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nomic, political, educational, and social discrimina-1
tion; 2
(3) the lingering negative effects of the institu-3
tion of slavery and the discrimination described in 4
paragraphs (1) and (2) on living African Americans 5
and on society in the United States; 6
(4) the manner in which textual and digital in-7
structional resources and technologies are being used 8
to deny the inhumanity of slavery and the crime 9
against humanity of people of African descent in the 10
United States; 11
(5) the role of Northern complicity in the 12
Southern based institution of slavery; 13
(6) the direct benefits to societal institutions, 14
public and private, including higher education, cor-15
porations, religious, and associational; 16
(7) and thus, recommend appropriate ways to 17
educate the American public of the Commission’s 18
findings to advance racial healing, understanding, 19
and transformation; 20
(8) and thus, recommend appropriate remedies 21
in consideration of the Commission’s findings on the 22
matters described in paragraphs (1) through (7); 23
and 24
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(9) submit to the Congress the results of such 1
examination, together with such recommendations. 2
SEC. 3. ESTABLISHMENT AND DUTIES. 3
(a) E
STABLISHMENT.—There is established in the 4
legislative branch the Commission to Study and Develop 5
Reparation Proposals for African Americans (hereinafter 6
in this Act referred to as the ‘‘Commission’’). 7
(b) D
UTIES.—The Commission shall perform the fol-8
lowing duties: 9
(1) Identify, compile, and synthesize the rel-10
evant corpus of evidentiary documentation of the in-11
stitution of slavery which existed within the United 12
States and the colonies that became the United 13
States from 1619 through 1865. The Commission’s 14
documentation and examination shall include facts 15
related to— 16
(A) the capture and procurement of Afri-17
cans; 18
(B) the transport of Africans to the United 19
States and the colonies that became the United 20
States for the purpose of enslavement, including 21
their treatment during transport; 22
(C) the sale and acquisition of Africans 23
and their descendants as chattel property in 24
interstate and intrastate commerce; 25
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(D) the treatment of African slaves and 1
their descendants in the colonies and the 2
United States, including the deprivation of their 3
freedom, exploitation of their labor, and de-4
struction of their culture, language, religion, 5
and families; and 6
(E) the extensive denial of humanity, sex-7
ual abuse, and the chatellization of persons. 8
(2) Study and analyze the role which the Fed-9
eral and State governments of the United States 10
supported the institution of slavery in constitutional 11
and statutory provisions, including the extent to 12
which such governments prevented, opposed, or re-13
stricted efforts of formerly enslaved Africans and 14
their descendants to repatriate to their homeland. 15
(3) Study and analyze the effects of laws en-16
acted by the Federal Government and State govern-17
ments with discriminatory intent or discriminatory 18
effect on the formerly enslaved Africans and their 19
descendants following the overdue recognition of 20
such persons as United States citizens beginning in 21
1868. 22
(4) Study and analyze the other forms of dis-23
crimination in the public and private sectors against 24
freed African slaves and their descendants who were 25
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belatedly accorded their rightful status as United 1
States citizens from 1868 to the present, including 2
redlining, educational funding discrepancies, and 3
predatory financial practices. 4
(5) Study and analyze the lingering negative ef-5
fects of the institution of slavery and the matters de-6
scribed in paragraphs (1) through (7) of section 2(b) 7
on living African Americans and on society in the 8
United States. 9
(6) Recommend appropriate ways to educate 10
the American public of the Commission’s findings to 11
advance racial healing, understanding, and trans-12
formation. 13
(7) Recommend appropriate remedies in consid-14
eration of the Commission’s findings on the matters 15
described in paragraphs (1), (2), (3), (4), (5), and 16
(6). In making such recommendations, the Commis-17
sion shall address, among other issues, the following 18
questions: 19
(A) How such recommendations comport 20
with international standards of remedy for 21
wrongs and injuries caused by the State, that 22
include full reparations and special measures, 23
as understood by various relevant international 24
protocols, laws, and findings. 25
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(B) How the Government of the United 1
States will offer a formal apology on behalf of 2
the people of the United States for the per-3
petration of gross human rights violations and 4
crimes against humanity on African slaves and 5
their descendants. 6
(C) How Federal laws and policies that 7
continue to disproportionately and negatively 8
affect African Americans as a group, and those 9
that perpetuate the lingering effects, materially 10
and psycho-social, can be eliminated. 11
(D) How the injuries resulting from mat-12
ters described in paragraphs (1), (2), (3), (4), 13
(5), and (6) can be reversed and provide appro-14
priate policies, programs, projects, and rec-15
ommendations for the purpose of reversing the 16
injuries. 17
(E) How, in consideration of the Commis-18
sion’s findings, any form of compensation to the 19
descendants of enslaved Africans is calculated. 20
(F) What form of compensation should be 21
awarded, through what instrumentalities, and 22
who should be eligible for such compensation. 23
(G) How, in consideration of the Commis-24
sion’s finding, what forms of satisfaction, in ad-25
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dition to apology, should be implemented in an 1
effort toward return of dignity and racial heal-2
ing, and reconciliation. 3
(H) How, in consideration of the Commis-4
sion’s findings, any other forms of rehabilita-5
tion or restitution to African descendants is 6
warranted and what the form and scope of 7
those measures should take. 8
(c) R
EPORT TOCONGRESS.—The Commission shall 9
submit a written report of its findings and recommenda-10
tions to the Congress not later than the date which is 18 11
months after the date of the first meeting of the full Com-12
mission held pursuant to section 4(f). 13
SEC. 4. MEMBERSHIP. 14
(a) N
UMBER ANDAPPOINTMENT.— 15
(1) M
EMBERSHIP.—The Commission shall be 16
composed of 15 members, who shall be appointed as 17
follows: 18
(A) P
OLITICALLY APPOINTED MEMBERS .— 19
Not later than 60 days after the date of enact-20
ment of this Act: 21
(i) Three members shall be appointed 22
by the President. 23
(ii) Three members shall be appointed 24
by the Speaker of the House of Represent-25
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atives, in consultation with the committee 1
of jurisdiction of the House. 2
(iii) Three members shall be ap-3
pointed by the President pro tempore of 4
the Senate, in consultation with the com-5
mittee of jurisdiction of the Senate. 6
(B) S
UBJECT MATTER EXPERTS .—Not 7
later than 60 days after the appointment of the 8
Director under section 6(a), six members, who 9
shall be individuals appointed by the Director, 10
and approved by a majority of the members ap-11
pointed under subparagraph (A). Such individ-12
uals shall be from the major civil society and 13
reparations organizations that have historically 14
championed the cause of reparatory justice. 15
(2) Q
UALIFICATIONS.—All members of the 16
Commission shall be persons who are especially 17
qualified to serve on the Commission by virtue of 18
their education, training, activism or experience, 19
particularly in the field of African-American studies 20
and reparatory justice. 21
(3) L
IMITATION.—No person who is a member 22
of Congress or an officer or employee of the Federal 23
Government or any State or local government may 24
serve as a member of the Commission. 25
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(b) TERMS.—The term of office for members shall 1
be for the life of the Commission. A vacancy in the Com-2
mission shall not affect the powers of the Commission and 3
shall be filled in the same manner in which the original 4
appointment was made. 5
(c) Q
UORUM.—Seven members of the Commission 6
shall constitute a quorum, but a lesser number may hold 7
hearings. 8
(d) V
ACANCIES.—Any vacancy on the Commission 9
shall— 10
(1) not affect the powers of the Commission; 11
and 12
(2) be filled in the same manner in which the 13
original appointment was made. 14
(e) C
HAIR ANDVICE-CHAIR.—There shall be a Chair 15
and a Vice Chair of the Commission selected jointly by 16
the majority leader of the Senate and the Speaker of the 17
House of Representatives, in consultation with the com-18
mittees of jurisdiction. The term of office of each shall 19
be for the life of the Commission. 20
(f) I
NITIALMEETING OFFULLCOMMISSION.—The 21
Chair shall call an initial meeting of the full Commission 22
not later than 45 days after the appointment of all mem-23
bers under subsection (a)(1)(B). 24
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SEC. 5. POWERS OF THE COMMISSION. 1
(a) H
EARINGS AND EVIDENCE.—The Commission 2
may, for purposes of carrying out this Act— 3
(1) hold hearings, sit and act at times and 4
places, take testimony, receive evidence, and admin-5
ister oaths; and 6
(2) require, by subpoena or otherwise, the at-7
tendance and testimony of witnesses and the produc-8
tion of books, records, correspondence, memoranda, 9
papers, and documents. 10
(b) S
UBPOENAS.— 11
(1) S
ERVICE.—Subpoenas issued under this 12
section may be served by any person designated by 13
the Commission. 14
(2) E
NFORCEMENT.— 15
(A) I
N GENERAL.—In the case of contu-16
macy or failure to obey a subpoena issued 17
under this section, the United States district 18
court for the judicial district in which the sub-19
poenaed person resides, is served, or may be 20
found, or where the subpoena is returnable, 21
may issue an order requiring such person to ap-22
pear at any designated place to testify or to 23
produce documentary or other evidence. Any 24
failure to obey the order of the court may be 25
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punished by the court as a contempt of that 1
court. 2
(B) A
DDITIONAL ENFORCEMENT .—Sec-3
tions 102 through 104 of the Revised Statutes 4
of the United States (2 U.S.C. 192 through 5
194) shall apply in the case of any failure of 6
any witness to comply with any subpoena or to 7
testify when summoned under the authority of 8
this section. 9
(C) I
SSUANCE.—A subpoena may be issued 10
under this section only— 11
(i) by the agreement of the Chair and 12
the Vice Chair; or 13
(ii) by the affirmative vote of a major-14
ity of the Commission, a majority being 15
present. 16
(c) C
ONTRACTING.—To the extent or in amounts pro-17
vided in Appropriations acts, and subject to the applicable 18
laws and regulations, the Commission may enter into con-19
tracts with government entities, private entities, or per-20
sons for goods or services, including for conducting re-21
search or surveys, the preparation of reports, and other 22
activities necessary for the discharge of the duties of the 23
Commission. 24
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(d) INFORMATIONFROMFEDERALAGENCIES AND 1
O
THERENTITIES.—The Commission may secure directly 2
from any department, agency, bureau, board, commission, 3
office, independent establishment, or instrumentality of 4
the United States any information related to any inquiry 5
of the Commission conducted under this Act, including in-6
formation of a confidential nature (which the Commission 7
shall maintain in a secure manner). Each such depart-8
ment, agency, bureau, board, commission, office, inde-9
pendent establishment, or instrumentality shall furnish 10
such information directly to the Commission upon request. 11
(e) A
DMINISTRATIVE SUPPORTSERVICES.—Upon 12
the request of the Commission— 13
(1) the Administrator of General Services shall 14
provide to the Commission, on a reimbursable basis, 15
the administrative support services necessary for the 16
Commission to carry out its responsibilities under 17
this Act; and 18
(2) other Federal departments and agencies 19
may pro vide to the Commission any administrative 20
support services as may be determined by the head 21
of such department or agency to be advisable and 22
authorized by law. 23
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(f) DONATIONS OF GOODS AND SERVICES.—The 1
Commission may accept, use, and dispose of gifts or dona-2
tions of services or property. 3
(g) P
OSTALSERVICES.—The Commission may use 4
the United States mails in the same manner and under 5
the same conditions as departments and agencies of the 6
United States. 7
(h) P
OWERS OFSUBCOMMITTEES, MEMBERS, AND 8
A
GENTS.—Any subcommittee, member, or agent of the 9
Commission may, if authorized by the Commission, take 10
any action which the Commission is authorized to take by 11
this section. 12
SEC. 6. ADMINISTRATIVE PROVISIONS. 13
(a) D
IRECTOR.—The Commission shall have a Direc-14
tor who shall be, not later than 60 days after the appoint-15
ment of all members appointed under section 4(a)(1)(A), 16
jointly selected by the Chair and Vice Chair, subject to 17
approval by a majority vote of such members. 18
(b) S
TAFF.—The Chair and the Vice Chair may joint-19
ly appoint additional personnel, as may be necessary, to 20
enable the Commission to carry out its functions. 21
(c) A
PPLICABILITY OF CERTAINCIVILSERVICE 22
L
AWS.—The Director and staff of the Commission may 23
be appointed without regard to the provisions of title 5, 24
United States Code, governing appointments in the com-25
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petitive service, and may be paid with out regard to the 1
provisions of chapter 51 and subchapter III of chapter 53 2
of such title relating to classification and General Schedule 3
pay rates, except that no rate of pay fixed under this para-4
graph may exceed the equivalent of that payable for a po-5
sition at level V of the Executive Schedule under section 6
5316 of title 5, United States Code. Any individual ap-7
pointed under this section shall be treated as an employee 8
for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 9
89B, and 90 of that title. 10
(d) D
ETAILEES.—Any Federal Government employee 11
may be detailed to the Commission without reimbursement 12
from the Commission, and such detailee shall retain the 13
rights, status, and privileges of his or her regular employ-14
ment without interruption. 15
(e) C
ONSULTANTSERVICES.—The Commission is au-16
thorized to procure the services of experts and consultants 17
in accordance with section 3109 of title 5, United States 18
Code, but at rates not to exceed the daily rate paid a per-19
son occupying a position at level IV of the Executive 20
Schedule under section 5315 of title 5, United States 21
Code. 22
(f) C
OMPENSATION AND TRAVELEXPENSES.— 23
(1) C
OMPENSATION.—Each member of the 24
Commission may be compensated at a rate not to 25
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exceed the daily equivalent of the annual rate of 1
basic pay in effect for a position at level IV of the 2
Executive Schedule under section 5315 of title 5, 3
United States Code, for each day during which that 4
member is engaged in the actual performance of the 5
duties of the Commission. 6
(2) T
RAVEL EXPENSES .—While away from 7
their homes or regular places of business in the per-8
formance of services for the Commission, members 9
of the Commission shall be allowed travel expenses, 10
including per diem in lieu of subsistence, in the 11
same manner as persons employed intermittently in 12
the Government service are allowed expenses under 13
section 5703(b) of title 5, United States Code. 14
(g) N
ONAPPLICABILITY OF FEDERALADVISORY 15
C
OMMITTEEACT.—The Federal Advisory Committee Act 16
(5 U.S.C. App.) shall not apply to the Commission. 17
SEC. 7. TERMINATION. 18
The Commission shall terminate 90 days after the 19
date on which the Commission submits its report to the 20
Congress under section 3(c). 21
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 22
To carry out the provisions of this Act, there are au-23
thorized to be appropriated $20,000,000. 24
Æ
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