http://bulk.resource.org/gpo.gov/bil.../h40ih.txt.pdf
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105TH 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 7, 1997
Mr. CONYERS (for himself, Mr. FATTAH, Mr. FOGLIETTA, Mr. HASTINGS of
Florida, Mr. HILLIARD, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON
of Texas, Mrs. MEEK of Florida, Mr. OWENS, Mr. RUSH, and Mr.
TOWNS) 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.
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HR 40 IH
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Commission to Study
5 Reparation Proposals for African-Americans Act’’.
6 SEC. 2. FINDINGS AND PURPOSE.
7 (a) FINDINGS.—The Congress finds that—
8 (1) approximately 4,000,000 Africans and their
9 descendants were enslaved in the United States and
10 the colonies that became the United States from
11 1619 to 1865;
12 (2) the institution of slavery was constitu13
tionally and statutorily sanctioned by the Govern14
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 depri17
vation of Africans’ life, liberty, African citizenship
18 rights, and cultural heritage, and denied them the
19 fruits of their own labor; and
20 (4) sufficient inquiry has not been made into
21 the effects of the institution of slavery on living Afri22
can-Americans and society in the United States.
23 (b) PURPOSE.—The purpose of this Act is to estab24
lish a commission to—
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1 (1) examine the institution of slavery which ex2
isted from 1619 through 1865 within the United
3 States and the colonies that became the United
4 States, including the extent to which the Federal
5 and State Governments constitutionally and statu6
torily supported the institution of slavery;
7 (2) examine de jure and de facto discrimination
8 against freed slaves and their descendants from the
9 end of the Civil War to the present, including eco10
nomic, political, and social discrimination;
11 (3) examine the lingering negative effects of the
12 institution of slavery and the discrimination de13
scribed in paragraph (2) on living African-Americans
14 and on society in the United States;
15 (4) recommend appropriate ways to educate the
16 American public of the Commission’s findings;
17 (5) recommend appropriate remedies in consid18
eration of the Commission’s findings on the matters
19 described in paragraphs (1) and (2); and
20 (6) submit to the Congress the results of such
21 examination, together with such recommendations.
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HR 40 IH
1 SEC. 3. ESTABLISHMENT AND DUTIES.
2 (a) ESTABLISHMENT.—There is established the Com3
mission to Study Reparation Proposals for African Ameri4
cans (hereinafter in this Act referred to as the ‘‘Commis5
sion’’).
6 (b) DUTIES.—The Commission shall perform the fol7
lowing duties:
8 (1) Examine the institution of slavery which ex9
isted within the United States and the colonies that
10 became the United States from 1619 through 1865.
11 The Commission’s examination shall include an ex12
amination of—
13 (A) the capture and procurement of Afri14
cans;
15 (B) the transport of Africans to the United
16 States and the colonies that became the United
17 States for the purpose of enslavement, including
18 their treatment during transport;
19 (C) the sale and acquisition of Africans as
20 chattel property in interstate and intrastate
21 commerce; and
22 (D) the treatment of African slaves in the
23 colonies and the United States, including the
24 deprivation of their freedom, exploitation of
25 their labor, and destruction of their culture,
26 language, religion, and families.
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1 (2) Examine the extent to which the Federal
2 and State governments of the United States sup3
ported the institution of slavery in constitutional and
4 statutory provisions, including the extent to which
5 such governments prevented, opposed, or restricted
6 efforts of freed African slaves to repatriate to their
7 home land.
8 (3) Examine Federal and State laws that dis9
criminated against freed African slaves and their de10
scendants during the period between the end of the
11 Civil War and the present.
12 (4) Examine other forms of discrimination in
13 the public and private sectors against freed African
14 slaves and their descendants during the period be15
tween the end of the Civil War and the present.
16 (5) Examine the lingering negative effects of
17 the institution of slavery and the matters described
18 in paragraphs (1), (2), (3), and (4) on living Afri19
can-Americans and on society in the United States.
20 (6) Recommend appropriate ways to educate
21 the American public of the Commission’s findings.
22 (7) Recommend appropriate remedies in consid23
eration of the Commission’s findings on the matters
24 described in paragraphs (1), (2), (3), and (4). In
25 making such recommendations, the Commission
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1 shall address, among other issues, the following
2 questions:
3 (A) Whether the Government of the United
4 States should offer a formal apology on behalf
5 of the people of the United States for the per6
petration of gross human rights violations on
7 African slaves and their descendants.
8 (B) Whether African-Americans still suffer
9 from the lingering affects of the matters de10
scribed in paragraphs (1), (2), (3), and (4).
11 (C) Whether, in consideration of the Com12
mission’s findings, any form of compensation to
13 the descendants of African slaves is warranted.
14 (D) If the Commission finds that such
15 compensation is warranted, what should be the
16 amount of compensation, what form of com17
pensation should be awarded, and who should
18 be eligible for such compensation.
19 (c) REPORT TO CONGRESS.—The Commission shall
20 submit a written report of its findings and recommenda21
tions to the Congress not later than the date which is one
22 year after the date of the first meeting of the Commission
23 held pursuant to section 4(c).
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1 SEC. 4. MEMBERSHIP.
2 (a) NUMBER AND APPOINTMENT.—(1) The Commis3
sion shall be composed of 7 members, who shall be ap4
pointed, within 90 days after the date of enactment of this
5 Act, as follows:
6 (A) Three members shall be appointed by the
7 President.
8 (B) Three members shall be appointed by the
9 Speaker of the House of Representatives.
10 (C) One member shall be appointed by the
11 President pro tempore of the Senate.
12 (2) All members of the Commission shall be persons
13 who are especially qualified to serve on the Commission
14 by virtue of their education, training, or experience, par15
ticularly in the field of African-American studies.
16 (b) TERMS.—The term of office for members shall
17 be for the life of the Commission. A vacancy in the Com18
mission shall not affect the powers of the Commission, and
19 shall be filled in the same manner in which the original
20 appointment was made.
21 (c) FIRST MEETING.—The President shall call the
22 first meeting of the Commission within 120 days after the
23 date of the enactment of this Act, or within 30 days after
24 the date on which legislation is enacted making appropria25
tions to carry out this Act, whichever date is later.
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1 (d) QUORUM.—Four members of the Commission
2 shall constitute a quorum, but a lesser number may hold
3 hearings.
4 (e) CHAIR AND VICE CHAIR.—The Commission shall
5 elect a Chair and Vice Chair from among its members.
6 The term of office of each shall be for the life of the Com7
mission.
8 (f) COMPENSATION.—(1) Except as provided in para9
graph (2), each member of the Commission shall receive
10 compensation at the daily equivalent of the annual rate
11 of basic pay payable for GS–18 of the General Schedule
12 under section 5332 of title 5, United States Code, for each
13 day, including travel time, during which he or she is en14
gaged in the actual performance of duties vested in the
15 Commission.
16 (2) A member of the Commission who is a full-time
17 officer or employee of the United States or a Member of
18 Congress shall receive no additional pay, allowances, or
19 benefits by reason of his or her service on the Commission.
20 (3) All members of the Commission shall be reim21
bursed for travel, subsistence, and other necessary ex22
penses incurred by them in the performance of their duties
23 to the extent authorized by chapter 57 of title 5, United
24 States Code.
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1 SEC. 5. POWERS OF THE COMMISSION.
2 (a) HEARINGS AND SESSIONS.—The Commission
3 may, for the purpose of carrying out the provisions of this
4 Act, hold such hearings and sit and act at such times and
5 at such places in the United States, and request the at6
tendance and testimony of such witnesses and the produc7
tion of such books, records, correspondence, memoranda,
8 papers, and documents, as the Commission considers ap9
propriate. The Commission may request the Attorney Gen10
eral to invoke the aid of an appropriate United States dis11
trict court to require, by subpoena or otherwise, such at12
tendance, testimony, or production.
13 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.—
14 Any subcommittee or member of the Commission may, if
15 authorized by the Commission, take any action which the
16 Commission is authorized to take by this section.
17 (c) OBTAINING OFFICIAL DATA.—The Commission
18 may acquire directly from the head of any department,
19 agency, or instrumentality of the executive branch of the
20 Government, available information which the Commission
21 considers useful in the discharge of its duties. All depart22
ments, agencies, and instrumentalities of the executive
23 branch of the Government shall cooperate with the Com24
mission with respect to such information and shall furnish
25 all information requested by the Commission to the extent
26 permitted by law.
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1 SEC. 6. ADMINISTRATIVE PROVISIONS.
2 (a) STAFF.—The Commission may, without regard to
3 section 5311(b) of title 5, United States Code, appoint and
4 fix the compensation of such personnel as the Commission
5 considers appropriate.
6 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE
7 LAWS.—The staff of the Commission may be appointed
8 without regard to the provisions of title 5, United States
9 Code, governing appointments in the competitive service,
10 and without regard to the provisions of chapter 51 and
11 subchapter III of chapter 53 of such title relating to classi12
fication and General Schedule pay rates, except that the
13 compensation of any employee of the Commission may not
14 exceed a rate equal to the annual rate of basic pay payable
15 for GS–18 of the General Schedule under section 5332
16 of title 5, United States Code.
17 (c) EXPERTS AND CONSULTANTS.—The Commission
18 may procure the services of experts and consultants in ac19
cordance with the provisions of section 3109(b) of title 5,
20 United States Code, but at rates for individuals not to
21 exceed the daily equivalent of the highest rate payable
22 under section 5332 of such title.
23 (d) ADMINISTRATIVE SUPPORT SERVICES.—The
24 Commission may enter into agreements with the Adminis25
trator of General Services for procurement of financial
26 and administrative services necessary for the discharge of
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1 the duties of the Commission. Payment for such services
2 shall be made by reimbursement from funds of the Com3
mission in such amounts as may be agreed upon by the
4 Chairman of the Commission and the Administrator.
5 (e) CONTRACTS.—The Commission may—
6 (1) procure supplies, services, and property by
7 contract in accordance with applicable laws and reg8
ulations and to the extent or in such amounts as are
9 provided in appropriations Acts; and
10 (2) enter into contracts with departments,
11 agencies, and instrumentalities of the Federal Gov12
ernment, State agencies, and private firms, institu13
tions, and agencies, for the conduct of research or
14 surveys, the preparation of reports, and other activi15
ties necessary for the discharge of the duties of the
16 Commission, to the extent or in such amounts as are
17 provided in appropriations Acts.
18 SEC. 7. TERMINATION.
19 The Commission shall terminate 90 days after the
20 date on which the Commission submits its report to the
21 Congress under section 3(c).
22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
23 To carry out the provisions of this Act, there are au24
thorized to be appropriated $8,000,000.
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