H.R. 40 — Commission to Study and Develop Reparation Proposals for African Americans Act

This section states congressional findings on the enslavement of approximately 4 million Africans and their descendants in the United States and colonies from 1619 to 1865; the federal, state, and local government's role in sanctioning slavery and perpetuating discrimination through practices including sharecropping, Jim Crow laws, redlining, and unequal administration of federal programs such as the Federal Housing Administration, Social Security, GI Bill, and Fair Labor Standards Act; the failure of Reconstruction and civil rights efforts; and ongoing African American hardships including nearly 1 million incarcerated, unemployment more than twice the white rate, and average wealth less than 1/16 of white families. It declares the purpose of the Act to be the establishment of a commission to study slavery (including trans-Atlantic and domestic trade from 1565), de jure and de facto discrimination against freed slaves and descendants, lingering negative effects, denial of slavery's inhumanity in educational resources, Northern complicity, and direct benefits to public and private institutions; and to recommend ways to educate the public, appropriate remedies, and submit results and recommendations to Congress.

This section establishes in the legislative branch the Commission to Study and Develop Reparation Proposals for African Americans and specifies its duties. The Commission must (1) identify, compile, and synthesize documentation on the institution of slavery in the United States and its predecessor colonies from 1619 through 1865, including the capture, transport, sale, treatment, and dehumanization of enslaved Africans and their descendants; (2) examine federal and state government support for slavery and opposition to repatriation efforts; (3) analyze post-1868 discriminatory laws affecting formerly enslaved persons and descendants; (4) assess subsequent public- and private-sector discrimination through the present (e.g., redlining, educational funding discrepancies, predatory lending); and (5) evaluate lingering negative effects on living African Americans and U.S. society. The Commission must also (6) recommend public education methods to promote racial healing and (7) propose remedies addressing international standards, a formal apology, elimination of discriminatory laws and policies, reversal of injuries, compensation calculation and eligibility, additional satisfaction measures, and rehabilitation or restitution. The Commission must submit a report to Congress within 18 months after its first full meeting.

This section establishes a 15-member Commission with appointments as follows: (1) three members each by the President, Speaker of the House of Representatives (in consultation with the House committee of jurisdiction), and President pro tempore of the Senate (in consultation with the Senate committee of jurisdiction), all within 60 days of enactment; and (2) six subject matter experts from major civil society and reparations organizations, appointed by the Director (under section 6(a)) and approved by a majority of the nine political appointees, within 60 days after the Director's appointment. All members must be qualified by education, training, activism, or experience in African-American studies and reparatory justice; no current Members of Congress or federal, state, or local government officers or employees may serve. Member terms last for the life of the Commission, with vacancies filled in the same manner as original appointments and not affecting Commission powers; seven members constitute a quorum (though fewer may hold hearings); the Chair and Vice Chair are selected jointly by the Senate majority leader and House Speaker (in consultation with committees of jurisdiction) for the Commission's life; and the Chair must call an initial meeting within 45 days after all appointments under subsection (a)(1)(B).

This section authorizes the Commission to hold hearings; sit and act at open or closed sessions; take testimony and evidence; administer oaths; and issue subpoenas for witness attendance, testimony, and documents, which may be served by Commission designees and enforced by federal district courts through contempt proceedings or criminal penalties under 2 U.S.C. §§ 192-194 (i.e., fines of $100-$1,000 and imprisonment of 1-12 months for willful default or refusal to testify on pertinent matters). Subpoenas may be issued only by agreement of the chair and vice chair or by majority vote of the Commission (a quorum being present). The section further authorizes the Commission to enter contracts; secure information (including confidential information) from federal agencies, which must comply; receive reimbursable administrative support from the General Services Administration and other agencies; accept, use, and dispose of gifts or donations of goods, services, or property; use U.S. mail; and delegate any of these powers to subcommittees, members, or agents.

This section establishes administrative provisions for the Commission, including (1) joint selection of a Director by the Chair and Vice Chair within 60 days after appointment of all members under section 4(a)(1)(A), subject to majority approval; (2) appointment of the Director and staff without regard to competitive service laws or General Schedule classification and pay rates, with pay not to exceed the equivalent of level V of the Executive Schedule and eligibility for specified federal employee benefits (chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of title 5, U.S. Code); (3) use of federal detailees without reimbursement from the Commission; (4) procurement of expert and consultant services under 5 U.S.C. 3109 at rates not to exceed the daily equivalent of level IV of the Executive Schedule; (5) member compensation at a daily rate not to exceed the equivalent of level IV of the Executive Schedule and travel expenses under 5 U.S.C. 5703(b); and (6) exemption from the Federal Advisory Committee Act.