Short title

This Act may be cited as the

Land Reparations Commission Act

Findings and purpose

(a)

Findings

Congress finds the following: (1)Following the Civil War, former enslaved Black Americans were promised 40 acres and a mule of confiscated Confederate land by the Government through General Sherman’s Field Order 15, which was never truly fulfilled, as Black Americans who were provided land by the Government following the Civil War had their land stripped away by President Andrew Johnson. (2)Following the Civil War, the 39th Congress passed H.R. 613, An Act to establish a Bureau for relief of Freedman and Refugees. In section 5 of that bill, it is stated that the established Bureau can ...reserve from sale or settlement under the homestead or preemption laws, and assign for the use of the freedmen and loyal refugees, male or female, unoccupied public lands in Florida, Mississippi, Alabama, Louisiana, and Arkansas.... (b)

Purpose

The purpose of this Act is to establish a commission to study and develop land reparation proposals for African Americans as a result of— (1) the institution of slavery, including both the Trans-Atlantic and the domestic trade which existed from 1565 in colonial Florida and from 1619 through 1865 within the other colonies that became the United States, and which included the Federal and State Governments that constitutionally and statutorily supported the institution of slavery; and (2) the failure of previously proposed remediations to address the unkept promise of land to previously enslaved Americans upon the abolition of slavery in 1865.

Definitions

In this Act: (1)

Commission

The term Commission means the Commission on Land Reparations established under this Act. (2)

Eligible individuals

The term eligible individuals means individuals described as persons heretofore held in slavery in the United States, or their descendants in section 5 of the Act entitled An Act to incorporate the Freedman’s Savings and Trust Company (13 Stat. 511), including those entitled to receive benefits from reparations under such Act or Special Field Orders No. 15 issued by General W.T. Sherman in January 1865.

Establishment and duties

(a)

Establishment

There is established in the legislative branch the Commission on Land Reparations. (b)

Duties

The Commission shall perform the following duties: (1)Identify eligible individuals. (2)Establish a process by which identified eligible individuals are to be informed of their suspected eligibility, and by which applicants who believe themselves eligible for land reparations can apply and have their eligibility assessed. (3)Identify and procure suitable land, as determined by the Commission, from among Federal lands, repossessed properties, unowned land, and municipal land banks. (4)Determine appropriate compensation for eligible individuals in the form of either a subsidy for suitable lands or a one-time cash payment. (5)Submit a written report of its findings and recommendations to the Congress not later than the date which is 18 months after the date of the first meeting of the full Commission pursuant to section 5(f).

Membership

(a)

Number and appointment

(1)

Membership

The Commission shall be composed of 15 members including the Chair, who shall be appointed as follows: (A)

Politically appointed members

Not later than 60 days after the date of enactment of this Act: (i)One member shall be appointed by the President. (ii)Two members shall be appointed by the House Majority Leader, in consultation with the committee of jurisdiction of the House. (iii)Two members shall be appointed by the House Minority Leader, in consultation with the committee of jurisdiction of the House. (iv)Two members shall be appointed by the Senate Majority Leader, in consultation with the committee of jurisdiction of the Senate. (v)Two members shall be appointed by the Senate Minority Leader, in consultation with the committee of the jurisdiction of the Senate. (B)

Subject matter experts

Not later than 60 days after the appointment of the Chair under section 5(e), six members, who shall be individuals appointed by the Chair, and approved by a majority of the members appointed under subparagraph (A). Such individuals shall be from the major civil society and reparations organizations that have historically championed the cause of reparatory justice. (2)

Qualification

All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, activism or experience, particularly in the field of African-American studies and reparatory justice. (3)

Limitation

No person who is a member of Congress or an officer or employee of the Federal Government or any State or local government may serve as a member of the Commission, with the exception of those employed as full-time faculty at State-funded colleges or universities. (b)

Terms

The term of office for members shall be for the life of the Commission. (c)

Quorum

Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (d)

Vacancies

A vacancy on the Commission shall— (1)not affect the powers of the Commission; and (2)be filled in the same manner in which the original appointment was made. (e)

Chair

There shall be a Chair of the Commission selected, from among the 9 politically appointed members described in subsection (a)(1)(A), jointly by the Majority Leader of the Senate and the Majority Leader of the House of Representatives, in consultation with the committees of jurisdiction. The term of office shall be for the life of the Commission. (f)

Initial meeting of full commission

The Chair shall call an initial meeting of the full Commission not later than 45 days after the appointment of all members under subsection (a)(1).

Powers of the Commission

(a)

Hearings and evidence

The Commission may, for purposes of carrying out this Act— (1)hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2)require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b)

Subpoenas

(1)

Service

Subpoenas issued under this section may be served by any person designated by the Commission. (2)

Enforcement

(A)

In general

In the case of contumacy or failure to obey a subpoena issued under this section, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B)

Additional enforcement

Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. (C)

Issuance

A subpoena may be issued under this section only— (i)by the agreement of the Chair; or (ii)by the affirmative vote of a majority of the Commission, a majority being present. (c)

Contracting

To the extent or in amounts provided in Appropriations acts, and subject to the applicable laws and regulations, the Commission may enter into contracts with government entities, private entities, or persons for goods or services, including for conducting research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission. (d)

Information from Federal agencies and other entities

The Commission may secure directly from any department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act, including information of a confidential nature (which the Commission shall maintain in a secure manner). Each such department, agency, bureau, board, commission, office, independent establishment, or instrumentality shall furnish such information directly to the Commission upon request. (e)

Administrative support services

Upon the request of the Commission— (1)the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act; and (2)other Federal departments and agencies may provide to the Commission any administrative support services as may be determined by the head of such department or agency to be advisable and authorized by law. (f)

Donations of goods and services

The Commission may accept, use, and dispose of gifts or donations of services or property. (g)

Postal services

The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (h)

Powers of subcommittees, members, and agents

Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.

Administrative provisions

(a)

Staff

The may appoint additional personnel, as may be necessary, to enable the Commission to carry out its functions. (b)

Applicability of certain civil service laws

The Chair and 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 may be paid with out 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 no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under this section shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. (c)

Detailees

Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (d)

Consultant services

The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (e)

Compensation and travel expenses

(1)

Compensation

Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2)

Travel expenses

While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (f)

Nonapplicability of Federal advisory committee act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

Termination

The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 4(b)(e).