H.R. 7927 — Land Reparations Commission Act

This section states congressional findings regarding the unfulfilled post-Civil War promise of land to freed Black Americans under General Sherman’s Field Order 15 and the Freedmen’s Bureau Act of 1865. It declares the purpose of the Act to establish a commission to study and develop land reparation proposals for African Americans due to slavery from 1565–1865 and the failure of prior remediations to provide promised land after abolition.

This section establishes definitions for terms used in the Act, including (1) "Commission," meaning the Commission on Land Reparations established under this Act; and (2) "eligible individuals," meaning individuals described as persons held in slavery in the United States or their descendants in section 5 of the Act to incorporate the Freedman's Savings and Trust Company (13 Stat. 511; enacted 1865), including those entitled to reparations benefits under that Act or Special Field Orders No. 15 (issued by General W.T. Sherman in January 1865).

This section establishes in the legislative branch the Commission on Land Reparations. The commission must (1) identify eligible individuals; (2) establish a process to inform suspected eligible individuals of their status and to assess eligibility applications; (3) identify and procure suitable land from federal lands, repossessed properties, unowned land, or municipal land banks; (4) determine appropriate compensation for eligible individuals as either a land subsidy or a one-time cash payment; and (5) submit a report of findings and recommendations to Congress within 18 months after the first meeting of the full commission.

This section establishes a 15-member Commission, including a Chair, with membership comprising (1) nine politically appointed members—not later than 60 days after enactment, one appointed by the President; two each by the House Majority Leader, House Minority Leader, Senate Majority Leader, and Senate Minority Leader, in consultation with the relevant House or Senate committee of jurisdiction; and (2) six subject matter experts appointed by the Chair not later than 60 days after the Chair's appointment and approved by a majority of the nine politically appointed members, selected from major civil society and reparations organizations advocating reparatory justice. All members must be qualified by education, training, activism, or experience in African-American studies and reparatory justice; no Members of Congress or federal, state, or local government officers or employees may serve, except full-time faculty at state-funded colleges or universities. Member terms last for the life of the Commission; the Chair is selected jointly by the Senate Majority Leader and House Majority Leader, in consultation with the relevant committees of jurisdiction, from among the nine politically appointed members; seven members constitute a quorum; vacancies are filled in the same manner as original appointments; and the Chair must call an initial meeting of the full Commission not later than 45 days after all members are appointed.

This section authorizes the Commission to hold hearings; administer oaths; take testimony and evidence; and issue subpoenas for witnesses and documents, enforceable by U.S. district court contempt orders or under 2 U.S.C. 192-194 (i.e., misdemeanor penalties for willful noncompliance consisting of a fine between $100 and $1,000 and imprisonment between one and 12 months). The section further authorizes the Commission (1) to contract for goods and services; (2) to secure information, including confidential information, directly from federal agencies; (3) to receive reimbursable administrative support services from the General Services Administration and other agencies; (4) to accept and use donations of goods, services, or property; (5) to use U.S. mails as federal agencies do; and (6) to delegate these powers to subcommittees, members, or agents.

This section establishes administrative authorities for the Commission as follows: (1) authorizes the Chair to appoint staff without regard to competitive service appointment provisions or classification and General Schedule pay rates under title 5, U.S. Code, with pay not to exceed the rate payable for level V of the Executive Schedule and with such staff treated as federal employees for purposes of leave, injury compensation, retirement, unemployment compensation, life insurance, health benefits, and flexible benefits under specified chapters of title 5; (2) permits details of federal employees to the Commission without reimbursement; (3) authorizes procurement of expert and consultant services without regard to specified civil service laws, at rates not to exceed the daily rate for level IV of the Executive Schedule; (4) sets Commission member compensation at not more than the daily equivalent of level IV of the Executive Schedule for days engaged in Commission duties and allows travel expenses, including per diem, under standard intermittent employee provisions; and (5) exempts the Commission from the Federal Advisory Committee Act.