- Commission to Study Reparation Proposals for African-Americans
Act (Introduced in House)
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- HR 40 IH
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- 111th CONGRESS
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- 1st Session
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- H. R. 40
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- 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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- IN THE HOUSE OF REPRESENTATIVES
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- January 6, 2009
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- Mr. CONYERS (for himself and Mr. SCOTT of Virginia) introduced
the following bill; which was referred to the Committee on the Judiciary
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- A BILL
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- 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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- Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
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- SECTION 1. SHORT TITLE.
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- This Act may be cited as the `Commission to Study Reparation
Proposals for African-Americans Act'.
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- SEC. 2. FINDINGS AND PURPOSE.
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- (a) Findings- The Congress finds that--
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- (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;
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- (2) the institution of slavery was constitutionally and
statutorily sanctioned by the Government of the United States from 1789
through 1865;
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- (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
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- (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 ...
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- (b) Purpose- The purpose of this Act is to establish
a commission to--
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- (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;
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- (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;
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- (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;
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- (4) recommend appropriate ways to educate the American
public of the Commission's findings;
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- (5) recommend appropriate remedies in consideration of
the Commission's findings on the matters described in paragraphs (1) and
(2); and
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- (6) submit to the Congress the results of such examination,
together with such recommendations.
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- SEC. 3. ESTABLISHMENT AND DUTIES.
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- (a) Establishment- There is established the Commission
to Study Reparation Proposals for African-Americans (hereinafter in this
Act referred to as the `Commission').
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- (b) Duties- The Commission shall perform the following
duties:
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- (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--
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- (A) the capture and procurement of Africans;
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- (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;
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- (C) the sale and acquisition of Africans as chattel property
in interstate and intrastate commerce; and
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- (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.
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- (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.
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- (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.
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- (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.
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- (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.
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- (6) Recommend appropriate ways to educate the American
public of the Commission's findings.
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- (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:
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- (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.
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- (B) Whether African-Americans still suffer from the lingering
effects of the matters described in paragraphs (1), (2), (3), and (4).
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- (C) Whether, in consideration of the Commission's findings,
any form of compensation to the descendants of African slaves is warranted.
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- (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.
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- (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).
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- SEC. 4. MEMBERSHIP.
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- (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:
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- (A) Three members shall be appointed by the President.
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- (B) Three members shall be appointed by the Speaker of
the House of Representatives.
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- (C) One member shall be appointed by the President pro
tempore of the Senate.
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- (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.
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- (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.
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- (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.
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- (d) Quorum- Four members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
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- (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.
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- (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.
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- (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.
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- (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.
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- SEC. 5. POWERS OF THE COMMISSION.
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- (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.
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- (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.
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- (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.
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- SEC. 6. ADMINISTRATIVE PROVISIONS.
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- (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.
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- (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.
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- (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.
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- (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.
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- (e) Contracts- The Commission may--
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- (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
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- (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.
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- SEC. 7. TERMINATION.
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- The Commission shall terminate 90 days after the date
on which the Commission submits its report to the Congress under section
3(c).
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- SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
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- To carry out the provisions of this Act, there are authorized
to be appropriated $8,000,000.
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http://www.govtrack.us/congress/bill.xpd?bill=h111-40
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