[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 40 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 40
To acknowledge 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 examine the
institution of slavery, subsequently 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 appropriate remedies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Conyers (for himself, Mr. Nadler, Ms. Jackson-Lee of Texas, Ms.
Kilpatrick of Michigan, Ms. Norton, Mr. Olver, Mr. Wynn, Mr. Bishop of
Georgia, Mr. Rush, Mr. Thompson of Mississippi, Ms. Millender-McDonald,
Mr. Cummings, Mrs. Christensen, Ms. Lee, Mr. Honda, and Mr. Clay)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To acknowledge 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 examine the
institution of slavery, subsequently 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 appropriate remedies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study Reparation
Proposals for African-Americans Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) approximately 4,000,000 Africans and their descendants
were enslaved in the United States and colonies that became the
United States from 1619 to 1865;
(2) the institution of slavery was constitutionally and
statutorily sanctioned by the Government of the United States
from 1789 through 1865;
(3) the slavery that flourished in the United States
constituted an immoral and inhumane deprivation of Africans'
life, liberty, African citizenship rights, and cultural
heritage, and denied them the fruits of their own labor; and
(4) sufficient inquiry has not been made into the effects
of the institution of slavery on living African-Americans and
society in the United States.
(b) Purpose.--The purpose of this Act is to establish a commission
to--
(1) examine the institution of slavery which existed from
1619 through 1865 within the United States and the colonies
that became the United States, including the extent to which
the Federal and State Governments constitutionally and
statutorily supported the institution of slavery;
(2) examine de jure and de facto discrimination against
freed slaves and their descendants from the end of the Civil
War to the present, including economic, political, and social
discrimination;
(3) examine the lingering negative effects of the
institution of slavery and the discrimination described in
paragraph (2) on living African-Americans and on society in the
United States;
(4) recommend appropriate ways to educate the American
public of the Commission's findings;
(5) recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1) and (2); and
(6) submit to the Congress the results of such examination,
together with such recommendations.
SEC. 3. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
Reparation Proposals for African-Americans (hereinafter in this Act
referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the institution of slavery which existed within
the United States and the colonies that became the United
States from 1619 through 1865. The Commission's examination
shall include an examination of--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans as chattel
property in interstate and instrastate commerce; and
(D) the treatment of African slaves in the colonies
and the United States, including the deprivation of
their freedom, exploitation of their labor, and
destruction of their culture, language, religion, and
families.
(2) Examine the extent to which the Federal and State
governments of the United States supported the institution of
slavery in constitutional and statutory provisions, including
the extent to which such governments prevented, opposed, or
restricted efforts of freed African slaves to repatriate to
their homeland.
(3) Examine Federal and State laws that discriminated
against freed African slaves and their descendants during the
period between the end of the Civil War and the present.
(4) Examine other forms of discrimination in the public and
private sectors against freed African slaves and their
descendants during the period between the end of the Civil War
and the present.
(5) Examine the lingering negative effects of the
institution of slavery and the matters described in paragraphs
(1), (2), (3), and (4) on living African-Americans and on
society in the United States.
(6) Recommend appropriate ways to educate the American
public of the Commission's findings.
(7) Recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1), (2), (3), and (4). In making such recommendations, the
Commission shall address among other issues, the following
questions:
(A) Whether the Government of the United States
should offer a formal apology on behalf of the people
of the United States for the perpetration of gross
human rights violations on African slaves and their
descendants.
(B) Whether African-Americans still suffer from the
lingering effects of the matters described in
paragraphs (1), (2), (3), and (4).
(C) Whether, in consideration of the Commission's
findings, any form of compensation to the descendants
of African slaves is warranted.
(D) If the Commission finds that such compensation
is warranted, what should be the amount of
compensation, what form of compensation should be
awarded, and who should be eligible for such
compensation.
(c) Report to Congress.--The Commission shall submit a written
report of its findings and recommendations to the Congress not later
than the date which is one year after the date of the first meeting of
the Commission held pursuant to section 4(c).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--(1) The Commission shall be composed
of 7 members, who shall be appointed, within 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the
House of Representatives.
(C) One member shall be appointed by the President pro
tempore of the Senate.
(2) All members of the Commission shall be persons who are
especially qualified to serve on the Commission by virtue of their
education, training, or experience, particularly in the field of
African-American studies.
(b) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission, and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The President shall call the first meeting of
the Commission within 120 days after the date of the enactment of this
Act, or within 30 days after the date on which legislation is enacted
making appropriations to carry out this Act, whichever date is later.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(f) Compensation.--(1) Except as provided in paragraph (2), each
member of the Commission shall receive compensation at the daily
equivalent of the annual rate of basic pay payable for GS-18 of the
General Schedule under section 5332 of title 5, United States Code, for
each day, including travel time, during which he or she is engaged in
the actual performance of duties vested in the Commission.
(2) A member of the Commission who is a full-time officer or
employee of the United States or a Member of Congress shall receive no
additional pay, allowances, or benefits by reason of his or her service
to the Commission.
(3) All members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties to the extent authorized by chapter 57 of
title 5, United States Code.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and at such places in the United States, and request
the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers appropriate. The Commission may request the
Attorney General to invoke the aid of an appropriate United States
district court to require, by subpoena or otherwise, such attendance,
testimony, or production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive branch of
the Government shall cooperate with the Commission with respect to such
information and shall furnish all information requested by the
Commission to the extent permitted by law.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 3(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this Act, there are authorized to be
appropriated $8,000,000.
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