    [House Hearing, 117 Congress]
    [From the U.S. Government Publishing Office]

                      CONTINUING INJUSTICE: THE CENTENNIAL
                      OF THE TULSA-GREENWOOD RACE MASSACRE

    =======================================================================

                                    HEARING

                                   BEFORE THE

                    SUBCOMMITTEE ON THE CONSTITUTION, CIVIL
                           RIGHTS, AND CIVIL LIBERTIES

                                     OF THE

                           COMMITTEE ON THE JUDICIARY

                         U.S. HOUSE OF REPRESENTATIVES

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                            WEDNESDAY, MAY 19, 2021

                                   __________

                               Serial No. 117-22

                                   __________

             Printed for the use of the Committee on the Judiciary

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT][

                   Available via: http://judiciary.house.gov

                                  __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    48-273                    WASHINGTON : 2022

    -----------------------------------------------------------------------------------

                           COMMITTEE ON THE JUDICIARY

                        JERROLD NADLER, New York, Chair
                    MADELEINE DEAN, Pennsylvania, Vice-Chair

    ZOE LOFGREN, California              JIM JORDAN, Ohio, Ranking Member
    SHEILA JACKSON LEE, Texas            STEVE CHABOT, Ohio
    STEVE COHEN, Tennessee               LOUIE GOHMERT, Texas
    HENRY C. ``HANK'' JOHNSON, Jr.,      DARRELL ISSA, California
        Georgia                          KEN BUCK, Colorado
    THEODORE E. DEUTCH, Florida          MATT GAETZ, Florida
    KAREN BASS, California               MIKE JOHNSON, Louisiana
    HAKEEM S. JEFFRIES, New York         ANDY BIGGS, Arizona
    DAVID N. CICILLINE, Rhode Island     TOM McCLINTOCK, California
    ERIC SWALWELL, California            W. GREG STEUBE, Florida
    TED LIEU, California                 TOM TIFFANY, Wisconsin
    JAMIE RASKIN, Maryland               THOMAS MASSIE, Kentucky
    PRAMILA JAYAPAL, Washington          CHIP ROY, Texas
    VAL BUTLER DEMINGS, Florida          DAN BISHOP, North Carolina
    J. LUIS CORREA, California           MICHELLE FISCHBACH, Minnesota
    MARY GAY SCANLON, Pennsylvania       VICTORIA SPARTZ, Indiana
    SYLVIA R. GARCIA, Texas              SCOTT FITZGERALD, Wisconsin
    JOE NEGUSE, Colorado                 CLIFF BENTZ, Oregon
    LUCY McBATH, Georgia                 BURGESS OWENS, Utah
    GREG STANTON, Arizona
    VERONICA ESCOBAR, Texas
    MONDAIRE JONES, New York
    DEBORAH ROSS, North Carolina
    CORI BUSH, Missouri

           PERRY APELBAUM, Majority Staff Director and Chief Counsel
                  CHRISTOPHER HIXON, Minority Staff Director

                                 ------

                SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS,
                              AND CIVIL LIBERTIES

                         STEVE COHEN, Tennessee, Chair
                    DEBORAH ROSS, North Carolina, Vice-Chair

    JAMIE RASKIN, Maryland               MIKE JOHNSON, Louisiana, Ranking
    HENRY C. ``HANK'' JOHNSON, Jr.,          Member
        Georgia                          TOM McCLINTOCK, California
    SYLVIA R. GARCIA, Texas              CHIP ROY, Texas
    CORI BUSH, Missouri                  MICHELLE FISCHBACH, Minnesota
    SHEILA JACKSON LEE, Texas            BURGESS OWENS, Utah

                           JAMES PARK, Chief Counsel

                               C O N T E N T S

                                  ----------

                            Wednesday, May 19, 2021

                                                                       Page

                               OPENING STATEMENTS

    The Honorable Steve Cohen, Chair of the Subcommittee on the
      Constitution, Civil Rights, and Civil Liberties from the State
      of Tennessee...................................................     2
    The Honorable Mike Johnson, Ranking Member of the Subcommittee on
      the Constitution, Civil Rights, and Civil Liberties from the
      State of Louisiana.............................................     4
    The Honorable Jerrold Nadler, Chair of the Committee on the
      Judiciary from the State of New York...........................     5
    The Honorable Jim Jordan, Ranking Member of the Committee on the
      Judiciary from the State of Ohio...............................     7

                                   WITNESSES
                                    Panel I

    Ms. Viola Fletcher, Oldest Living Survivor of the Tulsa Race
      Massacre
      Oral Testimony.................................................     8
      Prepared Testimony.............................................    10
    Mr. Hughes Van Ellis, Tulsa Race Massacre Survivor and World War
      II Veteran
      Oral Testimony.................................................    13
      Prepared Testimony.............................................    15
    Ms. Lessie Benningfield Randle, Tulsa Race Massacre Survivor
      Oral Testimony.................................................    17
      Prepared Testimony.............................................    19

                                    Panel II

    The Honorable Regina Goodwin, Oklahoma State Representative and
      Descendant of the Massacre
      Oral Testimony.................................................    22
      Prepared Testimony.............................................    25
    Mr. Damario Solomon-Simmons, Founder and Executive Director,
      Justice for Greenwood
      Oral Testimony.................................................    26
      Prepared Testimony.............................................    29
    Dr. Tiffany Crutcher, Founder and Executive Director, Terence
      Crutcher Foundation
      Oral Testimony.................................................    82
      Prepared Testimony.............................................    85
    Mr. T.W. Shannon, Chief Executive Officer, Chickasaw Community
      Bank and Former Speaker of the Oklahoma House of
      Representatives
      Oral Testimony.................................................    87
      Prepared Testimony.............................................    89
    Mr. Clarence Henderson, National Spokesman, Frederick Douglass
      Foundation
      Oral Testimony.................................................    92
      Prepared Testimony.............................................    94
    Chief Egunwale Amusan, President of the Tulsa African Ancestral
      Society and Descendant of the Massacre
      Oral Testimony.................................................    97
      Prepared Testimony.............................................   100
    Ms. Dreisen Heath, Researcher/Advocate, US Program, Human Rights
      Watch
      Oral Testimony.................................................   104
      Prepared Testimony.............................................   106
    Mr. Eric Miller, Professor of Law and Leo J. O'Brien Fellow,
      Loyola Law School, Loyola Marymount University
      Oral Testimony.................................................   188
      Prepared Testimony.............................................   190

                      CONTINUING INJUSTICE: THE CENTENNIAL.
                      OF THE TULSA-GREENWOOD RACE MASSACRE

                                  ----------

                            Wednesday, May 19, 2021

                         U.S. House of Representatives

                Subcommittee on the Constitution, Civil Rights,

                              and Civil Liberties

                           Committee on the Judiciary

                                 Washington, DC

        The Committee met, pursuant to call, at 9:55 a.m., in Room
    200, Capitol Visitor Center, Hon. Steve Cohen [Chair of the
    Subcommittee] presiding.
        Members present: Representatives Nadler, Cohen, Raskin,
    Ross, Johnson of Georgia, Garcia, Bush, Jackson Lee, Jordan,
    Johnson of Louisiana, and Fischbach.
        Staff present: David Greengrass, Senior Counsel; John Doty,
    Senior Advisor; Moh Sharma, Member Services and Outreach
    Advisor; Priyanka Mara, Professional Staff Member; Jordan
    Dashow, Professional Staff Member; Cierra Fontenot, Chief
    Clerk; John Williams, Parliamentarian; Keenan Keller, Senior
    Counsel; Merrick Nelson, Digital Director; Kayla Hamedi, Deputy
    Press Secretary; James Park, Chief Counsel for Constitution;
    Will Emmons, Professional Staff Member; Betsy Ferguson,
    Minority Senior Counsel; Caroline Nabity, Minority Counsel;
    James Lesinski, Minority Counsel; Andrea Woodard, Minority
    Professional Staff Member; and Kiley Bidelman, Minority Clerk.
        Mr. Cohen. [Presiding.] The Committee on the Judiciary,
    Subcommittee on the Constitution, Civil Rights, and Civil
    Liberties will come to order.
        Without objection, the Chair is authorized to declare a
    recess of the Subcommittee at anytime.
        I welcome everyone to today's hearing on ``Continuing
    Injustice: The Centennial of the Tulsa-Greenwood Race
    Massacre.''
        Before we continue, I want to remind Members that we have
    established an email address and distribution list dedicated to
    circulating exhibits, motions, et cetera, to Members who might
    want to offer them in today's hearing. If you would like to
    submit such, judiciarydocs@mailhouse.gov, and they will be
    distributed.
        Finally, I would like to ask all Members and Witnesses,
    both those in person and those appearing remotely, to mute your
    microphones when you are not speaking. This will help prevent
    feedback and other technical issues.
        For those in the room, I would like to ask you to keep your
    face masks on at all times, unless you are speaking or unless
    you are over 100 years old. For those in the room, that will be
    our protocol.
        I now recognize myself for an opening statement.
        Mr. Van Ellis and Ms. Fletcher, welcome and thank you for
    coming. We appreciate it.
        Our hearing today serves two primary purposes. First, it is
    a commemoration of a milestone anniversary, the centennial of
    the Tulsa-Greenwood Race Massacre of 1921, one of the most
    painful episodes in our nation's long and tortured history of
    race relations.
        Sadly, many Americans today are not even aware that this
    massacre took place, and I hope that this hearing can serve to
    educate the public about what happened. I, myself, was not
    aware, but Chair John Conyers had a hearing early in my term in
    Congress, probably about 10-12 years ago, and edified me and
    many in Congress. John Conyers needs to be recognized today for
    his commitment to justice and to the memory of the race
    massacre and for improvements in Tulsa.
        The second purpose of this hearing is to highlight many
    ways that the Black community of Tulsa continues to suffer from
    the effects of the massacre. Indeed, as the hearing's title
    suggests, the injuries inflicted on the Greenwood community
    have continued to compound through the succeeding decades since
    the massacre, often directly because of actions taken by
    government officials.
        Over the course of May 31 and June 1 of 1921, a White mob
    burned to the ground the Greenwood community of Tulsa, one of
    the most prominent and thriving Black communities in the
    country at the time, often referred to as the ``Black Wall
    Street.'' The White mob, consisting of thousands of people,
    murdered Black residents, looted their property, and burned
    more than 1,000 homes, churches, schools, and businesses. At
    least one credible estimate put the number of those killed at
    300 people. Recently, the Attorney General, Merrick Garland,
    visited Tulsa, visited the memorial, and you could see the
    emotion in him as he toured it.
        Worse still, that mob, fueled by racial fear and hatred,
    was aided and abetted by some of the very government officials
    who were supposed to be protecting the innocent residents and
    property owners of Greenwood. In other words, the massacre did
    not simply represent a negligent failure by government
    authorities to maintain order, but, rather, agents of the local
    and State governments were active participants in the crime.
    This happened too many places and too many times in our
    history, but never as significantly as it did in Tulsa.
        In the massacre's immediate aftermath, local authorities
    placed thousands of Black residents into internment camps out
    of fear of what the authorities characterized as a so-called,
    quote, ``Negro uprising.'' Indeed, this narrative of the
    massacre, a misrepresentation of what happened based on racial
    fear, was ratified by a grand jury empaneled by Oklahoma's
    Governor after the massacre. That grand jury issued a report
    less than a month after the massacre that placed the blame for
    the massacre entirely on the Black community. This grand jury
    also indicted Black persons with massacre-
    related offenses, while no White person was ever held
    accountable for crimes committed during the massacre.
        This was 1921 America; 1921 Oklahoma; 1921, when the Ku
    Klux Klan was again reasserting itself and ``The Birth of a
    Nation'' had just been shown a little bit prior to that in the
    White House.
        Meanwhile, the Tulsa massacre resulted in property damage
    estimated to be anywhere between $25 and $100 million in
    today's dollars, representing a tremendous loss of wealth for
    Tulsa's Black community--a loss that was compounded with each
    succeeding generation.
        As the descendants of the White mob that looted Greenwood's
    businesses and homes have had a chance to build on the wealth
    of their ancestors, including stolen wealth, many Black
    survivors and their descendants have not been able to recoup
    the wealth that the White mob destroyed or stole during the
    massacre.
        In the massacre's immediate aftermath, the city passed a
    restrictive local ordinance to block rebuilding efforts. While
    this ordinance was ultimately struck down by the Oklahoma
    Supreme Court, in the decades since, practices like redlining
    and urban Rule policies have prevented Black Tulsans from
    reestablishing a thriving community. Expressways funded by the
    Federal government literally cut through Greenwood, further
    displacing Black families and businesses--a grievance upon a
    grievance. Looking to the courts for relief, Greenwood's
    residents were denied justice in the 1920s because of rank and
    racial prejudice, and in the 2000s because of a technical legal
    hurdle.
        Meanwhile, the survivors and descendants of the massacre
    remain without compensation for the harms inflicted on them,
    and neither the State of Oklahoma nor the city of Tulsa have
    provided direct compensation to massacre survivors and their
    descendants. The massacre has exacerbated government actions
    that over the decades have disproportionately burdened Black
    Tulsans, preventing many from rebuilding their community and
    regaining stolen wealth.
        Predictably, this has led to racial disparities and adverse
    outcomes for the Black residents of Tulsa. This is clear from
    the fact that north Tulsa, which has a higher concentration of
    Black residents, is poorer, has fewer businesses and large-
    scale employers, has the fewest jobs, has more than double the
    unemployment rate, and has the lowest life expectancy when
    compared to the rest of Tulsa.
        In short, present-day racial and economic disparities in
    Tulsa can be traced back to the massacre. In America, Tulsa is
    a microcosm of what has happened to the African American
    community in this country.
        In light of the foregoing facts, Congress needs to step up.
    Many of our Witnesses have called for some form of reparation
    for the survivors and descendants of the massacre. One
    potential remedy that I find of particular interest is the idea
    of a victim compensation fund. This Subcommittee has
    jurisdiction over such compensation funds. For example, last
    Congress, we held a hearing to permanently reauthorize the 9/11
    Victim Compensation Fund, which one of our Witnesses suggested
    is a model for compensating potential Tulsa claimants. I would
    be interested in hearing from our Witnesses more details as to
    how such a fund would be structured and funded. As Chair of the
    Subcommittee, I pledge to work with you on legislation on this
    front.
        When the Subcommittee last held a hearing on this topic
    back in 2007, we heard from the late, distinguished historian,
    John Hope Franklin, author of ``From Slavery to Freedom,'' a
    book I had as a classroom text at Vanderbilt. John Hope
    Franklin was here. He was also a survivor of the Tulsa
    massacre. He testified about the culture of silence surrounding
    the massacre among the White community of Tulsa in the years
    following the massacre, a culture to sought to erase the
    massacre from historical memory. He also emphasized the
    importance of confronting and dealing honestly with historical
    truth.
        What John Hope Franklin, a historian of eminent success and
    acclamation, said then is true today: We must deal with
    historical truth. We must heed Professor Franklin's
    admonitions; keep the memory of the massacre alive; deal
    honestly with the truth and ensure reparations for the century
    of suffering that the survivors and descendants of the massacre
    have endured.
        I look forward to hearing our Witnesses' testimony today,
    and I thank them for being with us today.
        I now yield time to the Ranking Member, Mr. Johnson of
    Louisiana, for his opening statement.
        Mr. Johnson of Louisiana. Thank you, Mr. Chair.
        Thank you all for being here.
        First, I want to especially thank our Witnesses. I know it
    took some effort for you to be here, and we deeply appreciate
    it, particularly this panel, our first panel of two, because
    you are survivors of the Greenwood massacre.
        I am going to briefly repeat the history of that again
    because, as you say, Mr. Chair, not enough Americans remember
    this sad chapter. In 1921, Greenwood was a thriving commercial
    and residential district in Tulsa, Oklahoma. It was home to the
    city's African American residents, as was said, and Greenwood
    hosted restaurants and churches, and grocery stores, and
    entertainment venues, clothing and jewelry stores, the offices
    of professionals, like doctors and lawyers. It led some to
    refer to it as the ``Black Wall Street.''
        Unfortunately, the story of Greenwood is not just one of
    success, but the other side of that coin is it is a terrible,
    tragic story of violence and destruction. Between May 31 and
    June 1 of 1921, as many as 100-300 people were estimated to
    have been killed in the Tulsa-Greenwood Race Massacre.
    Approximately 35 blocks of Greenwood, amounting to more than
    1,200 homes and dozens of businesses, were burned, and as many
    as an additional 400 homes were looted, but left standing.
        This violence was perpetrated by a mob of the city's White
    residents, and it took place during an era when racial violence
    was all too common. It is one of our nation's darkest chapters,
    indeed.
        As I have said many times before, in America we recognize
    that each of us is made in God's image and that every single
    person has inestimable dignity and value. Our value is not
    related in any way to the color of our skin, where we are from,
    what we do for a living, what zipcode we live in. All of us are
    created equally before God. Racism and racial violence violate
    the most fundamental principles of our great Nation and the
    will of our Creator.
        While our country has its faults, we have, obviously, come
    a long way since the Tulsa-Greenwood Race Massacre, and we
    believe our best days are still ahead of us. While it is
    important, obviously, that we recognize these terrible events
    that occurred 100 years ago, we also, at the same time, need to
    acknowledge that, thankfully, this event is not indicative of
    the broader reality that is present in our country today. Thank
    God for that.
        We must continue to move our country forward; to remain
    cognizant of the past, because we learn from our history; work
    to create a unified America that honors the value of every
    single citizen, regardless of their race, and provides a path
    of opportunity for those who work hard and seek it. America is
    a great country, and we are still on our way, as the
    Constitution's Preamble says, to forming a more perfect union.
        In 1862, President Lincoln famously said, ``In giving
    freedom to the slave, we assure freedom to the free--honorable
    alike in what we give, and what we preserve. We shall nobly
    save, or meanly lose, the last best hope of earth.''
        More than a century later, in his ``Time for Choosing''
    speech, Ronald Reagan echoed that sentiment, and he said it
    this way, quote: ``You and I have a rendezvous with destiny. We
    have a responsibility to preserve for our children this, the
    last best hope of man on earth.'' unquote.
        That remains our great challenge still today. We are
    working through that. The testimony that you provide helps us
    because it gives us context and history, and things we have to
    consider, as we try to preserve this last best hope of man on
    the earth. I pray, and all of us do, that we remain faithful in
    that challenge.
        I, again, thank our Witnesses for being with us this
    morning. We really do look forward to your testimony. I will
    tell you, we don't have many centenarians testify before our
    Committees. So, I would suggest that we may be making history
    here today. We are really grateful you are here.
        I yield back, Mr. Chair. Thank you so much.
        Mr. Cohen. Thank you, Mr. Johnson.
        I appreciate Mr. Johnson's comments.
        I now recognize the Chair of the Full Committee, who is, of
    course, responsible for the actions of this Subcommittee as
    well, Mr. Nadler of New York.
        Chair Nadler. Thank you, Mr. Chair.
        Today's hearing is an important opportunity to commemorate
    the Tulsa-Greenwood Race Massacre of 1921 and to consider what
    legal and policy measures might be enacted to compensate the
    survivors, their descendants, and Tulsa's greater Black
    community.
        Nearly 100 years ago, in what the late historian John Hope
    Franklin described as ``a firestorm of hatred and violence that
    is perhaps unequaled in the peacetime history of the United
    States,'' a White mob looted and destroyed nearly 40 square
    blocks of Tulsa's Greenwood district, a segregated, yet
    vibrant, Black enclave whose prosperous businesses made it
    known across the country as the ``Black Wall Street.'' The
    reportedly 5,000-10,000-strong mob destroyed many of those
    businesses, along with the district's hospitals, churches, and
    private homes, leaving almost 9,000 Greenwood residents
    homeless.
        According to a 2001 report by an Oklahoma State commission
    to study the massacre, one credible contemporary source
    estimated the death toll at 300 people, far higher than the
    official record made at the time. The 2001 commission also
    found credible contemporary reports of mass burials. In 2018,
    the city of Tulsa began the process of locating these mass
    graves. It is only within the past year that State
    archeologists pinpointed the location of one potential mass
    gravesite. Authorities are now taking steps to exhume the
    bodies for identification and reburial.
        I have said so before, and I will say it again: The Tulsa-
    Greenwood Massacre can be described as an Act of ethnic
    cleansing, which was subsequently wiped from the history books
    for many decades, despite having made national news at the
    time.
        We are honored to have with us today some of the last
    remaining survivors of the massacre, and I welcome them. I
    appreciate the fact that this Subcommittee can play a role in
    ensuring that this history is never lost again by hearing
    directly from those who experienced the tragic injustice that
    unfolded in Tulsa during the overnight hours of May 31 and June
    1, 1921.
        In addition to commemorating the massacre's victims, this
    hearing is also another opportunity to consider the massacre's
    long-lasting repercussions for the survivors, their
    descendants, and Tulsa's greater Black community, and what role
    Congress can play in remedying this historic injustice.
        The 2001 commission report found significant evidence
    demonstrating not only that local and State authorities failed
    their responsibility to maintain civic order, but also that
    government agents actually aided the mob in carrying out the
    massacre. Thousands of Black residents were interned for days
    and weeks after the massacre, under the justification that it
    was for their so-called protection.
        A majority of the 2001 commission Members declared at that
    time that, quote, ``reparations to the historic Greenwood
    community in real and tangible form would be good public policy
    and do much to repair the emotional and physical scars of this
    terrible incident in our shared past.'' It is now 20 years
    later, and neither the State nor the city of Tulsa has directly
    compensated survivors or their descendants.
        Survivors and their descendants have tried to seek legal
    redress from the city of Tulsa and the State of Oklahoma for
    massacre-related harms. Unfortunately, these claims have never
    been decided on the merits. In 2004, a divided 10th Circuit
    upheld the lower court's decision dismissing Greenwood
    survivors' claims, holding that the plaintiffs' claims were
    barred by the applicable statute of limitations, and that no
    equitable tolling to the statute of limitations period applied.
        In 2007, when I was Chair of this Subcommittee, we held a
    hearing on legislation authored by the late former Chair of the
    Full Committee, John Conyers, that would have created a new
    Federal cause of action for Tulsa-Greenwood Massacre claimants
    that would permit their case to be decided on the merits.
    Similar legislation that helps address relevant statutes of
    limitation issues that have bedeviled these claims in the past
    certainly remains one potential avenue for survivors and their
    descendants to obtain compensation. The Subcommittee should
    also examine other proposals for reparations with particular
    consideration given to the massacre's contribution to the
    racial and economic disparities that exist in Tulsa today.
        I want to commend Chair Cohen for holding today's hearing.
    I also thank Congressman Hank Johnson for his leadership on the
    commemoration efforts, spearheaded by the Congressional Black
    Caucus, and Congresswoman Sheila Jackson Lee for her efforts to
    secure a House vote on a resolution recognizing the centenary
    of the massacre.
        I look forward to hearing from all of today's Witnesses,
    and with that, I yield back.
        Mr. Cohen. Thank you, Mr. Nadler. I, too, appreciate the
    work of Congresspeople Johnson and Sheila Jackson Lee for their
    work on this effort as well.
        I now recognize the Ranking Member of the Full Committee,
    the gentleman from Ohio, Mr. Jordan, for his opening statement.
        Mr. Jordan. Thank you, Mr. Chair.
        Today's hearing, as the previous speakers have indicated,
    commemorates the 100th anniversary of the massacre that
    occurred in Tulsa, Oklahoma's Greenwood district in 1921. We
    are honored to have survivors with us here today; in
    particular, Mr. Van Ellis and Ms. Fletcher. Thank you all for
    sharing your experiences with us.
        What happened in Tulsa in 1921 was as wrong as wrong can
    be. Today's hearing is important. It allows us to acknowledge
    the atrocity that took place in Tulsa in 1921 and learn from
    that tragedy.
        This hearing also allows us to reflect on our progress as a
    Nation since the Tulsa massacre. America, while not perfect, is
    an exceptional country. America is the best country in the
    history of the world. We are always growing, always learning,
    and always striving toward a more perfect Union.
        In this hearing, where we can take stock of what happened
    in our past and learn from it, shows just how exceptional
    America really is. In recent years, we have seen the lowest
    unemployment rate for African Americans in history, historic
    criminal justice reform, and expanded educational
    opportunities. As we reflect on the past, we must discuss how
    we can empower the community affected by this tragic event with
    improved employment and educational opportunities.
        I look forward to all the testimony today, but particularly
    from the survivors of this tragedy from 100 years ago. Thank
    you again for all being here today.
        Mr. Chair, I yield back.
        Mr. Cohen. Thank you, Mr. Jordan.
        We welcome our Witnesses and thank them for participating
    in today's hearing.
        I will now remove my mask and I will introduce each of the
    Witnesses. After each introduction, we will recognize the
    Witnesses for his or her oral testimony.
        Each of your written statements will be entered into the
    record. We ask you to testify within 5 minutes, but we will
    understand. To help you stay within that time, there are lights
    on your table that switch to green, to yellow, to indicate you
    have a minute remaining. When it turns to red, it means your
    time, 5 minutes, has expired, but we will be liberal in the
    first panel.
        For our Witnesses testifying remotely, there is a timer in
    the Zoom view that should be visible at the bottom of your
    screen.
        I would like to remind all our Witnesses appearing on both
    panels that you have a legal obligation to provide truthful
    testimony, and that if you should not, you are subject to
    prosecution under the United States Code.
        Today, we have two Witness panels. On the first panel will
    be a very special group of Witnesses: The three known remaining
    survivors of the Tulsa-Greenwood Race Massacre. We are deeply
    honored that they have agreed to testify before us and eagerly
    anticipate hearing their firsthand accounts of those horrific
    days.
        We also note, for those Witnesses who traveled to
    Washington, about your difficulties with your flight and
    delayed luggage. So, we are even more grateful to have you here
    with us today.
        There has been agreement the Subcommittee will forego
    questions of the first panel, and we will simply, unlike most
    Congress-people, just listen and learn.
        Our first Witness is Ms. Viola Fletcher, also known, if I
    can, as ``Mother Fletcher.'' Thank you. I don't have a mother,
    so thank you.
        Mother Fletcher is the oldest living survivor of the Tulsa
    Race Massacre. She was 7 years old when she lived through the
    massacre.
        Mother Fletcher, you are now recognized to testify.

                      STATEMENT OF VIOLA FLETCHER

        Ms. Fletcher. My name is Viola Ford Fletcher. I am the
    daughter of Lucinda Ellis and John Wesley Ford of Tulsa,
    Oklahoma. I am the sister of Hughes Van Ellis, who is also here
    today. I am a survivor of the Tulsa Race Massacre.
        Two weeks ago, I celebrated my 107th birthday.
        [Applause.]
        Today, I am visiting Washington, DC, for the first time in
    my life. I am here seeking justice and I am asking my country
    to acknowledge what happened in Tulsa in 1921.
        On May 31st in 1921, I went to bed at my family's home in
    Greenwood neighborhood of Tulsa. The neighborhood I fell asleep
    in that night was rich--not just in terms of wealth, but in
    culture, community, heritage, and my family had a beautiful
    home. We had great neighbors and I had friends to play with. I
    felt safe. I had everything a child could need. I had a bright
    future ahead of me. Still, Greenwood should have given me the
    chance to truly make it in this country.
        Within a few hours, all that was gone. The night of the
    massacre, I was awakened by my family. My parents and five
    siblings were there. I was told we had to leave, and that was
    it.
        I will never forget the violence of the White mob when we
    left our home. I still see Black men being shot and Black
    bodies lying in the street. I still smell smoke and see fire. I
    still see Black businesses being burned. I still hear airplanes
    flying overhead. I hear the screams. I have lived through the
    massacre every day.
        Our country may forget this history, but I cannot. I will
    not. Other survivors do not. Our descendants do not.
        When my family was forced to leave Tulsa, I lost my chance
    at an education. I never finished school past the fourth grade.
    I have never made much money. My country, State, and city took
    a lot from me. Despite this, I spent time supporting the war
    effort in the shipyards of California. Most of my life, I was a
    domestic worker serving White families. I never made much
    money. To this day, I can barely afford my everyday needs. All
    the while, the city of Tulsa has unjustly used the names and
    stories of victims like me to enrich itself and its White
    allies through the $30 million raised by the Tulsa Centennial
    Commission, while I continue to live in poverty.
        I am 107 years old and have never seen justice. I pray that
    one day I will. I have been blessed with a long life and have
    seen the best and the worst of this country. I think about the
    terror/horrors inflicted upon Black people in this country
    every day.
        This Subcommittee has the power to lead us down a better
    path. I am asking that my country acknowledge what has happened
    to me--the trauma and the pain, the loss. I ask that survivors
    and descendants to be given a chance to seek justice; open the
    courtroom doors.
        All of you know how easy it is to deny that a violent mob
    hurt your lives and took your property. For 70 years, the city
    of Tulsa and its Chamber of Commerce told us that the massacre
    didn't happen, like we didn't see it with our own eyes. You
    have me here right now. You see Mother Randall; you see my
    brother, Hughes Van Ellis. We live this history, and we can't
    ignore it. It lives with us.
        We lost everything that day--our homes, churches,
    newspapers, theaters, and lives. Greenwood represented all the
    best of what was possible for Black people in America and for
    all the people. No one cared about us for almost 100 years. We
    and our history have been forgotten and washed away. This
    Congress must recognize us, and our history--for Black
    Americans, for the White Americans, and for all Americans. That
    is some justice.
        Thank you.
        [The statement of Ms. Fletcher follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you very much. We appreciate very much
    your testimony.
        [Applause.]
        Mother Fletcher, if we don't learn from history, we are
    doomed to repeat it. So, thank you for putting us on the right
    course to learn and to understand, and to do better.
        Ms. Fletcher. Thank you.
        Mr. Cohen. Are you the older of the two siblings?
        Ms. Fletcher. The older?
        Mr. Cohen. Are you older than your brother here?
        Ms. Fletcher. Yes.
        Mr. Cohen. You are?
        Ms. Fletcher. Yes.
        Mr. Cohen. Well, he is used to having a tough Act to
    follow.
        [Laughter.]
        Our next Witness is Mr. Hughes Van Ellis, known as ``Uncle
    Red.''
        Ms. Fletcher. Yes.
        Mr. Cohen. He is a World War II veteran, having served in
    the United States Army in the China-Burma-India Theater of
    Operations as a member of an all-Black unit. He is also a
    survivor of the Tulsa Race Massacre.
        Uncle Red, you are on.

                     STATEMENT OF HUGHES VAN ELLIS

        Mr. Van Ellis. Chair Cohen, Ranking Member Johnson, and
    Members of the Subcommittee, my names is Hughes Van Ellis, and
    I am 100 years old. I am a survivor of the Tulsa Race Massacre.
        Because of the massacre, my family was driven out of our
    home. We were left with nothing. We were made refugees in our
    own country.
        My childhood was hard, and we didn't have much. We worried
    what little we had would be stolen from us, just like it was
    stolen in Tulsa. You may have been taught that when something
    is stolen from you, you can go to the courts to be made whole;
    you can go to the courts to get justice. This wasn't the case
    for us. The courts in Oklahoma wouldn't hear us. The Federal
    courts said we were too late.
        We were made to feel that our struggles were unworthy of
    justice; that we were less valued than Whites; that we weren't
    fully Americans. We were shown that in the United States not
    all men were equal under the law. We were shown that, when
    Black voices called out for justice, no one cared.
        We still had faith things would get better. We still
    believed in the promise of America and in the cause of freedom.
        I did my duty in World War II. I served in combat in the
    Far East with the 234th AAA Gun Battalion. We were an all-Black
    battalion. I fought for freedom abroad, even though it was
    ripped away from me at home, even after my home and my
    community were destroyed. It is because I believed, in the end,
    America would get it right.
        When I returned home from the war, I didn't find any of
    this freedom I was fighting for overseas. Unlike White
    servicemen, I wasn't entitled to GI bill benefits because of
    the color of my skin. I came home to segregation, a separate
    and unequal America. Still, I believed in America.
        This is why we are still speaking up today, even at this
    age of 100. The Tulsa Race Massacre isn't a footnote in the
    history book for us. We live with it every day, and the thought
    of what Greenwood was and what it could have been. We aren't
    just Black and White pictures on a screen; we are flesh and
    blood. I was there when it happened; I am still here.
        Mr. Cohen. That is right, you are here. That is right.
        Mr. Van Ellis. My sister was there when it happened; she is
    still here.
        We are not asking for a handout. All we are asking for is
    for a chance to be treated like a first-class citizen who truly
    is a beneficiary of the promise that this is a land where there
    is a ``liberty and justice for all.''
        We are asking for justice for a lifetime of ongoing harm
    that was caused by the massacre. You can give us the chance to
    be heard and give us a chance to be made whole after all these
    years and after all our struggle.
        I still believe in America. I still believe in the ideals
    that I fought overseas to defend. I believe, if given this
    chance, you will do the right thing and justice will be served.
    Please do not let me leave this earth without justice, like all
    the other massacre survivors.
        Thank you so much.
        [The statement of Mr. Van Ellis follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, sir.
        [Applause.]
        Mr. Van Ellis. I want to say I appreciate being here, and I
    hope we all will work together. We are one. We are one.
        [Applause.]
        Mr. Cohen. Thank you, Mr. Van Ellis, aka ``Uncle Red.''
        The last Witness on our panel is coming to us through Zoom,
    or a reasonable facsimile of such, Ms. Lessie Benningfield
    Randle.
        Mother Randle was 6 years old when she lived through the
    Tulsa Race Massacre. Mother Randle will be joining us
    virtually.
        Mother Randle, you are recognized now.

                STATEMENT OF LESSIE BENNINGFIELD RANDLE

        Ms. Randle. Good morning, Chair Cohen, Ranking Member
    Johnson, and Members of the Subcommittee.
        Mr. Cohen. Good morning.
        Ms. Randle. I am blessed and honored to be here speaking
    with you today. It means a lot to me to finally be able to look
    at you all in the eye and ask you to do the right thing. I have
    waited so long for justice.
        My name is Leslie Evelyn Benningfield Randle. People call
    me ``Mother Randle.'' Today, I am 106 years old. A hundred
    years ago, in 1921, I was a 6-year-old child. I was blessed to
    live with my grandmother in a beautiful Black community in
    Tulsa, Oklahoma, called Greenwood. I was lucky. I had a home
    and I had toys. I didn't have any fears as a young child, and I
    felt very safe. My community was beautiful. It was filled with
    happy and successful Black people.
        Then, everything changed. It was like a war. White men with
    guns came and destroyed my community. We couldn't understand
    why. What did we do them? We didn't understand. We were just
    living, but they came, and they destroyed everything.
        They burned houses and businesses. They just took what they
    wanted out of the buildings. Then, they burned the buildings.
    They murdered people. We were told they just dumped the dead
    bodies into the river. I remember running outside of our house.
    I ran past dead bodies. It wasn't a pretty sight. I still see
    it today in my mind--100 years later.
        I was so scared--I didn't think we could make it out alive.
    I remember people were running everywhere. We waited for the
    soldiers to come, and when they finally came, they took us to
    the fairgrounds, where we would be safe. It felt like so long
    before they came.
        I survived the 1921 Tulsa Race Massacre. I have survived
    100 years of painful memories and losses. By the grace of God,
    I am still here. I have survived. I have survived to tell this
    story. I believe that I am still here to share it with you.
    Hopefully, now you all will listen to us while we are still
    here.
        The White people who did this to us were filled with so
    much hate. It is disgusting that they hate us for no reason
    except that we are Black people.
        We know most of the people who committed these acts are
    dead now. The three of us here today are the only ones left--
    that we know of. Just because these men are probably dead, the
    city and county of Tulsa, the State of Oklahoma, and the Tulsa
    Chamber are still responsible for making it right, because it
    was they who caused the massacre. The Chamber helped ensure
    that we could not rebuild after the massacre, including holding
    us in internment camps.
        They owe us something. They owe me something. I have lived
    much of my life poor. My opportunities were taken from me. My
    community, north Tulsa--Black Tulsa--is still messed up today.
    They didn't rebuild it. They sure didn't. It is empty. It is a
    ghetto.
        They have raised more than $30 million and have refused to
    share any with me or with the other two survivors. They have
    used by name to further their fundraising goals without my
    permission, my message, and never obtained my support of their
    upcoming events focused on making Tulsa look good, and not
    justice,
        You can help us get some justice. America is still full of
    examples where people in positions of power, many just like
    you, have told us to wait. Others have told us it is too late.
    It seems like justice in America is always so slow or not
    possible for Black people. We are made to feel crazy just for
    asking for things to be made right. There are always so many
    excuses for why justice is so slow or never happens at all.
        I am here today, 106 years old, looking at you all in the
    eye. We have waited 100 years, no, we have waited too long, and
    I am tired. We are tired. Lastly, I am asking you today to give
    us some peace. Please give me, my family, and my community some
    justice.
        Thank you.
        [The statement of Ms. Randle follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        [Applause.]
        Mr. Cohen. Thank you, Mother Randle. Thank you, Mother
    Fletcher and Uncle Red. Your efforts to be here are
    appreciated. Your testimony is greatly appreciated.
        As I was affected in 2007 by the testimony of John Hope
    Franklin, I know my colleagues on the panel and those who are
    watching will be affected by your testimony.
        Thank you so much and thank you for your strength and
    perseverance in telling these stories for the record and for
    future generations.
        We will now take a brief recess for you to be able to leave
    the Committee room with our thanks and our appreciation. Then,
    we will go to our second panel.
        Thank you so much.
        [Applause.]
        [Recess.]
        Mr. Cohen. I think we are ready.
        Mr. Johnson had to take some personal business. He will be
    back shortly.
        Our first Witness on the second panel is the Honorable
    Regina Goodwin.
        Where is Ms. Goodwin? Oh, she is virtual. Okay, that is it.
        She is a member of the Oklahoma House of Representatives
    and a descendant of the Tulsa-Greenwood Massacre.
    Representative Goodwin is a Tulsa native and currently serves
    as Chair of the Oklahoma Legislative Black Caucus and is
    assistant minority floor leader. Representative Goodwin
    received a Bachelor of Fine Arts degree from the University of
    Kansas and completed Master's coursework at Columbia College in
    Chicago, Illinois.
        I understand that the Oklahoma House is in session today
    and that Representative Goodwin might have to briefly stop,
    step out during points in this hearing to cast votes on the
    house floor.
        Thank you for being here, and you are recognized.

                   STATEMENTS OF HON. REGINA GOODWIN

        Ms. Goodwin. Thank you so much.
        First, I would just like to say it is a privilege to be
    able to hear from Ms. Lessie Benningfield Randle at 106; Ms.
    Viola Fletcher at 107; Mr. Hughes Van Ellis at 100 years old. I
    have the pleasure of knowing these folks and knowing that they,
    indeed, are deserving of justice.
        I will say, before I start my statement, that I think
    really for right-hearted, like-minded folks, we have heard
    enough. It is beyond question that a massacre occurred in 1921.
    It is beyond question that death happened, and murder happened,
    and bombs from airplanes fell on Tulsa. What holds us up for a
    century are those that would want us to just say, ``God bless
    America''; those that would want us to say that America is the
    greatest country that we could ever think of. What we fail to
    understand is that, as we are all American, we are not all
    treated as the best Americans should be. I think that we have
    had a marvelous example of those that have given their lives,
    that have served this country, and even today, they say,
    ``Perhaps God allowed them to live this long just so they could
    see this day''--to make it for the first time to Washington,
    DC.
        We hope that the welcome is real, and beyond just
    understanding what happened, we get it. We have been saying it
    for a long time. Beyond saying it and beyond hearing it, where
    are the doers of God's work? So, we are just saying that beyond
    the ``Yeah, we feel sorry for you. You're nice senior citizens.
    Thank you for stopping by''--they stopped by for justice. I am
    just hoping that right hearts and minds will prevail. So, that
    the John Hope Franklin that has passed on, who we had the
    privilege of knowing--he died seeking justice.
        My great-great-grandfather, James Henry Goodwin, he was in
    Tulsa. My great-grandmother, Carla Marie Goodwin, she was in
    Tulsa. My grandfather, Edward Goodwin, and my aunt, Anna
    Goodwin, all Tulsans, all survivors of the 1921 Race Massacre.
    They went to the courthouse, the District courthouse, in 1921.
    They were not too late. The statute of limitations had not
    expired. They went saying that we had property, some 14
    properties. We had a building at 123 North Greenwood.
        My great-grandmother talked of her silverware and her
    linen, and she talked about her feather mattresses, and she
    talked about the piano, destroyed. She talked about the books
    in the library gone. She had the courage, when murderers were
    still walking the streets of Greenwood, when arsonists who
    thought that they should light curtains on fire and destroy 35
    square blocks--she had the courage in the midst of all that
    chaos and all that mayhem, to say, ``You took from me what was
    mine. We worked hard for what we had.''
        We had a tight-knit Black community because segregation
    would not allow us to interact with our other human beings who
    just happened to be another color, and we made a great
    community.
        When she went to the courthouse, she was rejected outright.
    So, you can't say the statute of limitations ran out. What you
    can say had run out, and what we did not have in supply, was
    justice.
        Then, I also think about my grandfather, who was in high
    school at the time, and he was a senior, just like anybody else
    who is privileged to get that far in school and to graduate. He
    was decorating a hotel at the time and preparing for graduation
    exercises. All they heard was that trouble is coming.
        How would they have known that trouble is coming to commit
    the worst racist, terrorist attack on American soil in history?
    How would they have known that the theaters that they would
    attend, all Black-owned, and the hotel that they were
    decorating, right, which would rival any White hotel in terms
    of its quality, in terms of its grandeur, how would they have
    known that trouble is coming; that the community was going to
    be consumed, first, by hatred, and then, with fire, and that
    airplanes would fly overhead and drop bombs?
        It is a history that we, as descendants, have known all our
    lives. I was blessed to grow up in that Greenwood community. It
    is somewhat disturbing to know that the incident set off that
    1921 Race Massacre was, basically, a lie. It was a lie that
    took lives. It was that same old story about the scary, savage
    Black man who somewhat was harming the White damsel in
    distress. We know that was not even the case.
        Mr. Cohen. Representative Goodwin, you are going to have to
    wrap up. Can you wrap up? You are a minute over.
        Ms. Goodwin. Yes, I will wrap it up.
        I will say this: Reparations are due. The harm is ongoing.
    Tulsa now, when you still have the same ownership as it was in
    1921, when the unemployment rate is 2\1/2\ times that of our
    White counterparts, when criminal justice reform is not
    happening in Tulsa--those same police, that same State, that
    same city that was complicit, it exists today. Reparations are
    due. Restoration is due. Restitution is due.
        Thank you so much for allowing me to go a bit over time.
        We have got three great examples staring us in the face,
    crying out for justice. All we have to do is answer.
        Thank you.
        [The statement of Ms. Goodwin follows:]
        [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, Representative Goodwin.
        If you see my friend Angela Monson, we served together on
    the National Conference of State Legislatures many years ago
    and I know she was a colleague of yours at one point--give her
    my best.
        Ms. Goodwin. Absolutely. I was just with her last week.
    Thank you. I will absolutely convey the message.
        Mr. Cohen. Thank you.
        Ms. Goodwin. Thank you for the privilege.
        Mr. Cohen. Our next Witness is Damario Solomon-Simmons. He
    is the founder and Executive Director of Justice for Greenwood.
    He is an attorney with a nationwide practice that includes
    advocating for reparations for the survivors of the 1921 Tulsa-
    Greenwood Massacre and citizenship rights of Black Creek
    Indians.
        He is also an Adjunct Professor at the University of
    Oklahoma, teaching courses on African and African American
    history, culture, and other issues. He received his J.D. from
    the University of Oklahoma College of Law, holds a Master of
    Education degree and a B.A. from the University of Oklahoma.
        We welcome you, and you are recognized for 5 minutes.

                  STATEMENT OF DAMARIO SOLOMON-SIMMONS

        Mr. Solomon-Simmons. Thank you, Chair.
        ``In Tulsa, the racial and economic disparities that we see
    today is a direct result of the 1921 Tulsa Race Massacre.''
    Those are not my words. Those are the words of the current
    mayor of Tulsa, G.T. Bynum.
        These disparities that we all know exist, some of these
    disparities that you have already heard, is that we live 11-14
    years less than our White counterparts in South Tulsa because
    we have no health care; we have no hospital in North Tulsa,
    Black Tulsa, is where I live, where I grew up. I am a son of
    Greenwood, a proud product of North Tulsa. We have no hospital.
    We are shot and beaten by the police 3-4 times more than our
    White counterparts in Tulsa. We have 35 percent of our people,
    Black people in Tulsa, living in poverty. We own our homes 2\1/
    2\ less in Tulsa, Blacks, than White Tulsa.
        We have evidence after statistic after statistic. Yet, our
    mayor, our city, our county, our chamber, they oppose justice;
    they oppose reparations; they oppose Mother Randle, Mother
    Fletcher and Mr. Ellis, who you heard from today.
        I am here today because the city of Tulsa has failed us.
    They bombed us. They burnt us. They killed us. They looted from
    us. They destroyed not just our property, not just our
    livelihood and our lives, but our legacy, our generational
    wealth, the idea of Greenwood, a freedom mind state,
    landownership, and wealth concentration. They took that from
    us, and then, they put in a system of policy violence that
    continues to this very day. So much so that, right now, as I
    speak, the same perpetrators of the massacre--the city, county,
    chamber, and State--are utilizing the massacre to pad their own
    pockets.
        Are you allowing the branding of the massacre--the murders,
    the names, and the likenesses of people who suffered, who died,
    who was treated as refugees, who lived in internment camps for
    18 months, who had to be signed out by a White person with an
    ID card--these people who have raised more than $30 million in
    the name of the massacre for what they call ``culture
    tourism.'' Not one penny has been given to any of the
    survivors. Not one dime has been paid for the claims that are
    still outstanding, the claims that these sophisticated,
    wealthy, Black people had the wherewithal, the savviness to
    have insurance policies. Over 1,400 claims remain to date, over
    $50 million. We know who is owed this money. We know who made
    the claims. We know where they live. We know what was taken.
        We also even know some of the insurance companies that are
    still active today. I want to give you their names: C&A, AIG
    companies, the Insurance Company of Pennsylvania, Westchester
    Fire Insurance Company, the Hartford Great American Insurance
    Company, Insurance Company of North America, North River
    Insurance Company, California Insurance Company, and Phoenix
    Assurance Company.
        We have reached out to these folks asking them to engage in
    a conversation or how they can directly benefit those who they
    failed 100 years ago. Just like the city has refused, just like
    the State has refused, just like the chamber has refused, we
    have not got any of the insurance companies to engage in a
    meaningful discussion with us at this time.
        The banks failed us. Thousands of the survivors of
    Greenwood lost their life savings in the banks because the bank
    books burnt up and they couldn't get their money out. We have
    researched and found at least 17 of those banks we believe are
    still operating through Chase and Bank of Oklahoma. We want a
    conversation with them also.
        The courts failed us. There have been over 100 lawsuits
    filed on this issue, and not one has been heard on its merits.
        You heard from my clients. I have the great honor to serve
    as lead counsel for these three wonderful, amazing people you
    heard from today.
        We went through hell to get here. Mother Fletcher traveled
    yesterday from 6:00 a.m. in the morning, and we didn't get into
    our hotels until after midnight. This woman didn't complain.
    This woman didn't have anything to eat. She said, ``I've got to
    be here. I want to see justice.''
        Representative Cohen, Representative Nadler, and
    Representative Sheila Jackson Lee, I was here in 2007. I
    appreciate your still being with us, but, as you know, we have
    lost so many since that hearing--Otis Clark, Dr. Olivia Hooker,
    and John Hope Franklin. Even we have lost my great mentor,
    Charles Ogletree. He is not gone, but he is not with us.
        People who have fallen--I am literally standing on the
    shoulders of so many people who have suffered so long. We are
    coming to you, I am coming to you in the name of my community,
    my people, my clients, asking that you do for us what this
    Congress has done for the Japanese internment victims, what
    this Congress has done for the 9/11 terrorist victims.
        We are asking to be treated as full human beings. We are
    asking to be treated--it is the belief in America that Dred
    Scott is not the law of the land, but the Black man does have
    rights that America must respect.
        I know my time is getting low, but let me just finish with
    this: Hal Singer, to show you how powerful this issue is, Hal
    Singer was a world-renowned musician. He was a Greenwood
    survivor. He was dying over the last summer, 2020, in France.
    He moved from America because of racism. He had a stroke, he
    was blind, and he was in hospice dying. I felt bad that I was
    communicating with his family. I said, ``You know what? Maybe I
    should stop calling you guys because of this time period.'' His
    wife admonished me, said, ``Are you crazy? Until he dies, Hal
    Singer is going to fight for justice for what happened to his
    parents and his community.''
        She sent me a letter that he wrote in 2007, and this is
    what he said: ``I've never had a lot of faith in the legal
    system of the Black man. That's why I moved to France. And I
    know we will lose a lot of battles, but we must continue to
    fight for our rights and our dignity.''
        I am fighting for the rights and the dignity of Mother
    Fletcher, Mr. Ellis, Mother Randle, and my community. I am
    asking you to help us fight. Grant us legislation that pays
    restitution, that gives us the ability to restore what was
    lost, so we can rebuild for the next 100 years.
        Thank you.
        [The statement of Mr. Solomon-Simmons follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        [Applause.]
        Mr. Cohen. Thank you, Mr. Solomon-Simmons, and I appreciate
    your being here in a continuum from 2007 and remembering
    ``Tree.''
        Our next Witness is Dr. Tiffany Crutcher. She is the
    founder and Executive Director of the Terence Crutcher
    Foundation and a descendant of the Tulsa Race Massacre. The
    foundation focuses on criminal justice and police reform,
    providing scholarships to African American students, community
    youth development, and policy advocacy.
        Dr. Crutcher's twin brother, Terence, was shot by a police
    officer in 2016 in Tulsa while holding his hands in the air.
    She has since dedicated herself to transforming a justice
    system that has long perpetuated injustice, dating back to the
    1921 massacre.
        Dr. Crutcher received a B.A. from Langston University and a
    clerical doctorate from Alabama State University.
        You are recognized for 5 minutes.

                     STATEMENT OF TIFFANY CRUTCHER

        Dr. Crutcher. Thank you so much, Chair Cohen, and to this
    esteemed Subcommittee, thank you so much for having us.
        My name is Dr. Tiffany Crutcher, and I am the daughter of
    Reverend Joey and the late Leanna Crutcher, who recently passed
    away of COVID-19 in January. I am the great-granddaughter of
    Rebecca Brown Crutcher, a survivor of the 1921 Tulsa Race
    Massacre. As I sit here today in front of this body in the very
    seat of our democracy, I know in my bones that she is here with
    me in this fight for justice. Reparations is simply making
    amends for a wrong, and that is what we are asking for today.
        One hundred years ago, my great-grandmother was simply
    enjoying her life as a successful entrepreneur in Tulsa's
    Greenwood neighborhood, and she wasn't alone. You see,
    Greenwood, you couldn't go a block without passing a thriving
    Black-owned home or business. Ten thousand people called this
    place home. This was ``Black Wall Street,'' where people like
    my great-grandmother Rebecca had found safety and a rare refuge
    in the grim days of Jim Crow.
        This paradise, this vibrant place my great-grandmother
    helped to build, would soon be wiped away in a flood of racial
    terror, White supremacy, and anti-Black racism. On May 31st and
    June 1st of 1921, an angry White mob began their murderous
    rampage across Greenwood, turning the once thriving Black
    community into an apocalyptic pile of rubble, bones, and
    bodies. Homes were set ablaze with families trapped inside. Men
    fired guns indiscriminately into the street. For the first time
    in history, bombs were dropped on American soil.
        Rebecca Brown Crutcher hopped on the back of a wagon and
    fled for her life. She was one of the thousands of Black
    Tulsans forced to flee Greenwood and leave everything behind.
    Within hours, Black Tulsans--Black resilient Tulsans--and their
    Black neighbors began to rebuild Greenwood from the ashes, even
    as insurance companies, State laws, redlining practices, and
    urban removal would time and again seek to destroy this sacred
    place.
        What happened in Tulsa was perpetrated by our city's own
    government. Former Tulsa Judge William Kellogg said it plainly
    this week. ``There was no doubt that White Tulsa officials were
    largely to blame for the massacre.'' They not only failed to
    prevent the bloodshed, but had also deputized White civilians
    and Klan members who took part in the burning and in the
    killing.
        Tulsa's government failed its people. Tulsa's government
    failed these survivors. Tulsa's government failed Rebecca Brown
    Crutcher. Now, we are here asking our nation's government to
    see that justice is done in the form of reparations.
        The vestiges of the massacre are still found in Tulsa's
    criminal legal system, which has torn my family apart. In 2016,
    Tulsa Police Officer Betty Shelby shot and killed my twin
    brother. Terence Crutcher is his name. Terence Crutcher is his
    name. Police looking for weapons instead found gospel CDs in
    his car. My 40-year-old brother didn't get a fair chance to
    live. His children didn't get a fair chance to see another day
    with their father.
        For five years, I have fought for policing reforms like the
    very ones that each of you have debated and voted on. Just
    weeks ago, I was in this very building with the families of
    George Floyd, Eric Garner, and Botham Jean, asking our
    legislators to end qualified immunity--policing reform that
    could have saved my brother's life, and according to the Human
    Rights Watch and the NAACP Legal Defense Fund, could save the
    lives of so many others.
        Black people aren't looking for a handout. We are looking
    for good legislation that recognizes our humanity. We are
    looking for justice. Because for centuries, injustice has cost
    our families an unspeakable price.
        Racial disparities are systemic, and they extend far beyond
    issues of policing. Compared to White Tulsans, Black people in
    Tulsa are far more likely to be relegated to poverty and
    neighborhoods that don't have access to fresh fruit or produce.
        As we speak, people in north Tulsa, a predominantly Black
    part of town, are celebrating our first full grocery store in
    over a decade. The grand opening the ribbon-cutting was just
    yesterday. I am having trouble celebrating finding crumbs in
    the food desert.
        We shouldn't have to live like this, and we shouldn't have
    to die like this. If you care about racial justice and racial
    healing, I am asking you to do two simple things: Support
    reparations for the survivors and descendants of the Tulsa Race
    Massacre and bring reparations bill H.R. 40 to an immediate
    vote, and support ending qualified immunity as a part of any
    police reform legislation that leaves this House.
        The nation's government cannot sit on the sidelines as
    Mother Randle, Mother Fletcher, Uncle Red spend their twilight
    years fighting for justice 100 years after the massacre. Their
    health is dwindling, as they demand reparations, fighting time,
    and again, to convince elected leaders to treat us like we
    matter.
        I hope you see your loved ones in them. I hope you look
    past the division of politics and see our humanity. I hope you
    see why they are calling for reparations for the generational
    wealth, loved ones, memories, and opportunities that have been
    stolen from them, from us.
        I know most of you believe in justice. All we are asking
    for in Tulsa, and Black communities across the United States,
    is for repair, respect, and restitution. If Rebecca Brown
    Crutcher, Mother Randle, Mother Fletcher, or Uncle Red were a
    part of your family, would you want the same thing for them? I
    implore you to embody our nation's sacred promise of justice
    for all.
        As I close, I close with a quote of the late Ella Baker.
    ``Those who believe in freedom cannot rest''--and we will not
    rest--``until justice comes.''
        Thank you.
        [The statement of Ms. Crutcher follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, Dr. Crutcher.
        [Applause.]
        I am going to have to ask the next Witnesses to try to keep
    your testimony to 5 minutes. We have been most liberal, but we
    do have time constraints.
        Our next Witness is Mr. T.W. Shannon. He is the Chief
    Executive Officer of the Chickasaw Community Bank. He
    previously served in the Oklahoma House of Representatives,
    where at the age of 34 he became the youngest speaker of the
    Oklahoma House of Representatives. He was both the first
    African American and the first Chickasaw speaker.
        Mr. Shannon holds a J.D. from Oklahoma City University and
    a B.A. from Cameron University, a Harvard University Fellow, an
    Aspen Institute Fellow.
        Mr. Shannon, you are recognized for 5 minutes.

                       STATEMENT OF T.W. SHANNON

        Mr. Shannon. Thank you, Chair Cohen, Ranking Member
    Johnson, and Members of the Subcommittee. I appreciate this
    opportunity to share this testimony regarding the adoption of
    House Resolution 398, recognizing the forthcoming centennial of
    the 1921 Tulsa Race Massacre.
        While I am certainly thankful for the attention the
    resolution will bring to this reprehensible atrocity, much of
    the language leads me to suspect that there may be other
    motives for offering it. In my testimony today, I will express
    my disappointment that this sober occasion is being diluted by
    those who seek to further inflame racial divisions and foment
    animosity toward law enforcement.
        First, let me focus on the event House Resolution 398
    purports to commemorate. What is known today as the Tulsa Race
    Massacre occurred 100 years ago, and America should know of the
    brutality and atrocity of that day. History, however
    uncomfortable, should not be censored, nor in today's terms
    cancelled. History should be taught without political bias and
    without the intent to make any one group, gender, or ethnicity
    feel responsible for the sins of their ancestors.
        I don't speak of American history as someone who is
    unfamiliar with our country's many struggles. Both of my
    parents were history teachers, and they grew up in a segregated
    America, a segregated Oklahoma. My father is a veteran and a
    retired history teacher. They both had their share of racial
    discrimination but rose above it and both became college
    graduates.
        I learned not just from textbooks in schools, but from my
    parents their desire to educate me on a subject that they
    deeply love, Black history. In fact, it was my mother who first
    taught me about the Tulsa Race Riot, which is what it was
    called then.
        The event, as described by my mother, didn't sound like
    much of a riot to me, at least not on the part of the Black
    community living in the Greenwood district. It sounded more
    like an invasion. Yes, she told me about the atrocities that
    this Subcommittee knows well--the looting and burning, the
    lynching and killing, the utter destruction of an entire
    community that left hundreds dead and thousands homeless.
        She also taught me about the unparalleled prosperity of the
    Greenwood district. I can't describe to you how inspired I was
    by her stories of countless Black-owned businesses, all
    thriving in their segregated economic bubble, as a result and a
    symbol of modern capitalism.
        My mother, who grew up an hour away from Greenwood in
    Muskogee, another town with a thriving Black middle class
    during that time, also celebrated the entrepreneurship that was
    a byproduct of the strong families of Greenwood. She took great
    pride in teaching me how the fruits of capitalism took root and
    blossomed so enormously that the community was terms ``Black
    Wall Street.''
        The fact that the Black community in Greenwood was so
    successful really made the destruction all the more painful for
    me to imagine. All that prosperity, not even a full generation
    removed from slavery, completely wiped out. Hundreds of
    families mourning the death of someone they loved, thousands
    grieving a lost home or destroyed storefront. Many suffered all
    those things all at once.
        This is the tragedy that should be our focus. Instead, I am
    concerned the resolution that was adopted by the majority
    promises to stoke racial tensions by equating White supremacy
    with police brutality. It accuses law enforcement of a pattern
    of violence against Black people in the United States and
    State-sanctioned violence.
        This language, frankly, lands like a slap in the face to
    our honorable law enforcement officers and all who support
    them. As an American who appreciates the sacrifice and service
    of police officers across this country, I reject the false and
    divisive rhetoric found in parts of this resolution.
        Mr. Chair and Members, House Resolution 398 may mark the
    100th anniversary of the Tulsa Race Massacre, but it does not
    honor the victims of that tragic day by seeking to further
    inflame racial divisions. The memory of those who suffered is
    not honored by generating animosity toward police officers. The
    families who grieve loved ones, who lost livelihoods, those
    families are not honored by divisive rhetoric calculated to
    appease the opponents of law and order.
        Instead, we honor those who suffered and died and families
    they left behind by simply telling the truth about what
    happened. We honor them by educating America about the tragic
    day. Above all, we can honor them by giving their descendants a
    land of freedom and opportunity. I can think of no greater way
    to honor the legacy of Black Wall Street than to foster a new
    generation of Black entrepreneurs and business owners,
    generating wealth and jobs that lift whole communities out of
    poverty. If the legacy of Greenwood teaches us anything, it is
    that, if we want strong communities and a strong nation, it
    first begins with strong families.
        Mr. Chair, Ranking Member Johnson, and distinguished
    Members, I thank you once again for the opportunity to be here
    today and offer my testimony on this important topic.
        [The statement of Mr. Shannon follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, Mr. Shannon. As the former speaker,
    you recognize that time is important. Thank you for your
    testimony.
        Mr. Clarence Henderson, who I believe is going to be
    virtual, is our next Witness. He is the national spokesman for
    the Frederick Douglass Foundation. He was a participant in the
    sit-in protest at the Woolworth lunch counter in Greensboro,
    North Carolina, in 1960. He also served on the Advisory Board
    for Black Voices for Trump.
        Mr. Henderson, you are recognized for 5 minutes.

                    STATEMENT OF CLARENCE HENDERSON

        Mr. Henderson. Thank you. It is, indeed, an honor to be a
    Witness before this Subcommittee.
        The previous testimony brought tears to my eyes from Mother
    Randle, Uncle Red, and Mother Fletcher. The 1921 Tulsa Race
    Riot was a dark and horrific time in America's history and
    should be recognized as such. It was a massacre that is
    virtually unmatched in the recording of history in America and
    should be acknowledged and recognized by Congress, so that
    history does not repeat itself.
        This is one of the great lessons of history that shows us
    of the past divide of America. It is an American past and not
    an American present. If we study American history in
    chronological order, we will see that our progress has not been
    a straight line. There have been detours. Nevertheless, we see
    the progress that has been made.
        We see the ratification of the 13th-15th, and also, the
    19th Amendment. If we look further, we see the various civil
    rights acts that have been implemented to recognize that we
    should judge people by their character and not the color of
    their skin. We see laws in place dedicated to the self-evident
    truth that is God-ordained, that we all are created equal.
        In every instance where Blacks have prospered and succeeded
    to the heights of business, academia, politics, and more, it
    has been accomplished not because the government threw money at
    perceived problems, but because our will to succeed was given
    the freedom to break down boundaries and remove obstacles.
        Given the atrocity of the Tulsa Race Massacre with lives,
    homes, businesses, and millions of dollars of Black wealth
    destroyed, as well as mass incarceration, the Trump
    Administration enacted policies that focused on building up the
    Black communities. The conservative policies instituted during
    the Trump Administration--namely, the First Step Act, funding
    for HBCUs, Opportunity Zones, and a $5 billion Platinum Plan--
    is diametrically opposed with what occurred in 1921. Such
    policies led to a free market, options in education, lower
    taxes, entrepreneurialism, and the freedom to choose one's own
    path--a true attempt to level the playing field for Black
    America and restore some wealth that had been destroyed.
        Unfortunately, like what occurred in Tulsa, some would like
    to effectively erase from collective memory the strides made to
    improve the Black community under the previous Administration.
    As Frederick Douglass stated, ``The life of a Nation is secure
    only while the Nation is honest, truthful, and virtuous.''
        When I look at our country today, I see a Nation that has
    chosen to be governed by the Rule of law and not the Rule of
    man. The United States is great not because it is perfect. I
    don't see systemic racism. I see systemic corruption. Yes, our
    past involved racial injustices. Yes, racism does exist. Yes,
    socioeconomic issues plague many of our communities. It is
    great, however, because of the freedom that all Americans have,
    bestowed onto us by our Constitution, which gives us the
    ability to improve on our imperfections, to evolve from our
    past mistakes, and to get as close to true equality in
    comparison to anywhere else in the world.
        I hope this resolution is used to recognize a horrific past
    injustice, so that it is not repeated, and not used as a
    political tool to promote systemic racism. I hope this
    resolution is not used as a political tool to cause legal
    enforcement law to cease and desist. I hope this resolution
    will not be used to politicize every facet of the nation's
    racial diversity for political gain, to further exploit and
    emotionally cripple the Black community.
        As a participant in the 1960 Woolworth's sit-in movement, I
    recognize freedom is not free. There is a price to be paid and
    it is continuous.
        Thank you.
        [The statement of Mr. Henderson follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, Mr. Henderson.
        Our next Witness is Chief Egunwale Amusan. He is the
    President of the African Ancestral Society, a nonprofit
    organization based in Tulsa, Oklahoma. He is a descendant of
    the Tulsa-Greenwood Massacre. He is the leading activist on
    behalf of massacre descendants.
        Chief, you are recognized for 5 minutes.

                   STATEMENT OF CHIEF EGUNWALE AMUSAN

        Mr. Amusan. Thank you, Mr. Chair and esteemed body.
        My name is Chief Egunwale Amusan. I am the grandson of
    Raymond Beard, Sr., and the grandnephew of Matthew and Mary
    Beard, all whom were survivors of the 1921 Tulsa holocaust,
    massacre, or any other matching descriptor.
        I was born and raised in Tulsa, Oklahoma. Today, I speak on
    behalf of those whose remains were dumped carelessly into the
    Arkansas River by the truckloads; those remains that cracked
    the concrete from beneath the highway built over them; those
    remains dumped in mass graves, like the one I stood in October
    of 2020 during the mass grave investigation at Oaklawn Cemetery
    in Tulsa.
        As a Member of the Mass Graves Oversight Committee, I stood
    in that trench with 12 coffins we uncovered. I couldn't help
    but to be drawn to a smaller box, which appeared to be the size
    of woman's hat box. It triggered the memory of something I had
    read in the Race Riot Commission report in 2001.
        I rushed home to look at that document again, and it stated
    that the remains in the trench were not embalmed, and the death
    certificates were not even signed by a medical examiner, a
    process undignified in every manner. The document stated that
    Tulsa County paid Stanley McCune Funeral Home to bury 16 bodies
    in the city cemetery. The report states that 4 of the 16 bodies
    placed in the mass grave were badly burned and one was that of
    a stillborn baby.
        When I returned, I looked again at the box in the trench. I
    walked away and wept for the soul of this child and the mother
    who would never know the whereabouts of her child, lost both in
    the womb and in the earth.
        Our family's journey to Greenwood actually started 139
    years ago when my children's fourth great-grandfather named
    King Blue co-wrote a letter submitted to Congress and the House
    of Representatives, just as I am doing today. King Blue was the
    former slave of the Chickasaw tribal leader Benjamin Colbert.
    He and other tribal representatives presented a document in
    1882 called the Memorial of the Chickasaw Freedmen.
        The intent of this appeal was to encourage the enforcement
    of the 1866 treaty that obliges the tribe to carry out the
    stipulations of the third clause which states, ``The monies
    given by the Federal government to the tribe requires the tribe
    to grant freed persons of African descent all the rights,
    privileges, and immunities, including the right of suffrage.''
    The Chickasaw Nation refused to honor the treaty. So, my
    relatives were nationless for 40 years, until 1902, when,
    through an Act of Congress, thousands of forgotten enslaved
    Africans were made citizens of the United States of America.
        Around that time, my freedmen ancestors and those of my
    spouse migrated to Tulsa's Greenwood district. Greenwood
    brought a new sense of self-determination, restored dignity,
    one that would be short-lived, and the dreamland of Tulsa will
    become a nightmare. In just a few decades, my ancestors would
    experience enslavement, false freedom, Jim Crow, and a
    holocaust that would be hidden from the pages of history for
    100 years.
        Fast forward, it wasn't until 1997 that I became deeply
    aware of the Tulsa holocaust and its implications. However, I
    remained unaware of my family's involvement until my
    grandfather became a plaintiff in the reparation suit of 2003.
    I felt a full range of emotions and unanswered questions.
    Today, I regret that I asked so many questions because I was
    unaware of the trauma that I was invoking.
        The long-term implications of the Tulsa holocaust in urban
    renewal can physically be seen today. This is not a matter of
    past trauma; it is concurrent. It is concurrent trauma. The
    long-term implications, again, of this holocaust can be seen
    physically today.
        The plot to destroy the Black township of Greenwood was not
    a spontaneous Act caused by a rumor in an elevator. It was
    premeditated as well as racially and politically motivated.
    Many who discover the story of Greenwood cannot believe such a
    place was built, nor can they believe that this type of
    terrorism happened on American soil, on domestic soil.
        The violation of the 14th amendment was not the result of a
    crazed mob. This was a city-sanctioned violation. The event
    resulted in the deprivation of life, liberty, property without
    due process of law, as well as the failure to provide equal
    protection of the law.
        Greenwood was a cultural, social, and economic incubator,
    an environment that provided apprenticeship and other high
    standards. It is economic, political, and social stability.
    Most importantly, it provided a safe place to finally heal and
    detox individually and collectively from the effects of post-
    trauma slave syndrome.
        According to the 2019 story in The Harvard Gazette, the
    property damage in today's numbers were estimated to be as high
    as $200 million. The highest form of devastation was the mental
    suffering that resulted in high rates of PTSD and other forms
    of psychological morbidity, such as depression, anxiety, and
    homelessness.
        Many of those who speak of Greenwood often reference the
    resilience of Greenwood's inhabitants because they rebuilt much
    of the district by 1925.
        I am winding down.
        As remarkable as it is, only an estimated 40 percent of
    those original inhabitants actually returned to Greenwood. My
    grandfather's eldest siblings were his caretakers. Both
    disappeared after the massacre, never to return. Their home and
    laundry business were burned to ashes. We later discovered that
    my Great Uncle Matthew Beard fled to Los Angeles, where he and
    his wife changed their first names to conceal their identity.
        One cannot imagine the trauma of not knowing if a family
    member is dead or alive. Now, I understand why my grandfather
    always said, ``No news is good news.''
        My grandfather would return to Greenwood in the 1940s to
    see it destroyed again in urban renewal.
        This is my last paragraph.
        In 2003, my grandfather passed away a few months after
    becoming a plaintiff in the reparations' lawsuit filed by
    Johnnie Cochran and Charles Ogletree. According to the Supreme
    Court, this case would not be heard because the statute of
    limitations had run out.
        Today, the same city responsible for the crimes of 1921 are
    leveraging the suffering of three living survivors and their
    descendants in the name of tourism. When I look my oldest son
    in the eyes, I wonder if the charred baton of justice will burn
    in the palms of his hands, or will it be cleansed and cooled in
    the river of restitution?
        [The statement of Mr. Amusan follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, sir. We appreciate your testimony and
    your work.
        [Applause.]
        Our next Witness is Dreisen Health. She is a research
    advocate at the U.S. Program of Human Rights Watch. She is an
    expert on reparations and reparatory justice and has authored
    reports and publications highlighting victims' rights to seek
    full and effective reparations that are proportional to the
    gravity of the human rights violations at issue, including acts
    of racial discrimination, as dictated by international human
    rights law. Previously testified before us on H.R. 40 in
    February. She had received a bachelor's degree from Wesleyan
    University.
        Ms. Heath, you are recognized for 5 minutes.

                       STATEMENT OF DREISEN HEATH

        Ms. Heath. On behalf of Human Rights Watch, it is an honor
    to be here today. Thank you to Chair Cohen, Ranking Member
    Johnson, and the Subcommittee, for this opportunity to testify
    at such a critical time in our nation's history, nearly 100
    years since the 1921 Tulsa Race Massacre.
        I am a Tulsa native, born in Tulsa just miles down from the
    historic Greenwood district, where my young parents settled for
    several years among the loving and nurturing Black community
    that was still reeling from the White supremacist domestic
    terrorism that defined their lives forever.
        Growing up, I would hear stories from my parents describing
    the stark differences between neighborhoods in north Tulsa
    versus south Tulsa, the disappearance of Black Wall Street, and
    the constant fear that came with walking the same streets as
    the KKK. Black community members shared oral histories with
    them about the aftermath of the massacre. Many said that they
    never knew where their neighbors went and never heard from them
    ever again.
        I later learned that, after the massacre, Tulsa city
    officials promised full restitution and reparations to Black
    Tulsans, but, instead, turned their backs on them and worked to
    block financial contributions, including medical help,
    preventing rebuilding efforts, and even ordering Black Tulsans
    into poor conditions in concentration camps. No one was ever
    charged with a crime the violence or compensated for the loss
    of life and economic devastation.
        I never imagined that what would eventually bring me back
    to Tulsa would be the continuation of the massacre and the
    degradation of Black life. The research of Human Rights Watch
    brought me back home, and not because Tulsa's Greenwood
    district was restored to the prosperous Black economic hub it
    once was, but because abusive and unchecked police violence, a
    legacy of slavery, and the massacre stole the lives of Terence
    Crutcher, Joshua Harvey, Joshua Barre, and many others.
        According to our research, police violence in Tulsa occurs
    in the broader context of poverty, racial inequality, and the
    deprivation of key human rights. Because of the impacts of
    destructive anti-Black policies, like redlining, urban renewal,
    and highway construction, Tulsa today remains deeply
    segregated, and Black neighborhoods are underdeveloped and
    under-resourced, especially in north Tulsa. Black Tulsans live
    less than their White counterparts, have higher rates of infant
    mortality, and lower medians of wealth. Today's historic
    Greenwood district is just a couple of square blocks showing
    growing signs of gentrification and displacement.
        So, you see, time has not healed all wounds in Tulsa. Over
    the past 100 years, thousands of survivors and their
    descendants have died awaiting justice. The legacy of the
    massacre remains a bloody stain that will continue to define
    this country until reparations are paid.
        Under international human rights law, the city of Tulsa and
    the State of Oklahoma have a responsibility to provide full and
    effective reparations that is proportional to the gravity of
    crimes committed, as recommended in our May 2020 report.
    Reparations must be paid immediately to the three known living
    survivors of the massacre--Mother Randle, Mother Fletcher, and
    Mr. Van Ellis--to the descendants of massacre victims, and to
    the broader Black community that has not seen intergenerational
    wealth and economic opportunity. If we can't fully account for
    one of the worst incidents of racial violence in the United
    States, then who are we as a people and what does this country
    actually stand for?
        The plight of Black Tulsans is not their own will to
    survive, but the government's unwillingness to fully support
    their survival. There is a clear call for what is right and
    what is just, and that call is for comprehensive reparations,
    determined by impact to community members at all levels for
    which harm has occurred.
        Tulsa's Black community is not celebrating the centennial
    of the massacre. They are mourning the loss of their community
    and the loss of opportunity. By passing H.R. 40, the Commission
    to Study and Develop Reparation Proposal for African Americans
    Act, and by ministering full remedy at the Federal, State, and
    local level for the Tulsa Race Massacre and its continuing
    impacts, this country can finally recognize the full humanity
    of Black Tulsans and avoid perpetuating human suffering
    indefinitely.
        Thank you.
        [The statement of Ms. Heath follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you very much.
        [Applause.]
        Our final Witness is Mr. Eric Miller. Mr. Miller is a
    Professor of Law and Leo J. O'Brien Fellow of Loyola Law School
    of Loyola Marymount University in Los Angeles, where he teaches
    courses on evidence, criminal procedure, and jurisprudence. He
    has written extensively on policing, drug courts, and
    reparations. He received a Masters of legal letters from
    Harvard Law School and a Bachelor of Laws from the University
    of Edinburgh. He was a law clerk for the Honorable Stephen
    Reinhardt of the U.S. Court of Appeals for the 9th Circuit and
    the Honorable Myron Thompson of the U.S. District Court for the
    Middle District of Alabama.
        Professor Miller, you are recognized for 5 minutes.

                        STATEMENT OF ERIC MILLER

        Mr. Miller. Mr. Chair, Members of the Committee, we have
    heard that today's hearing on justice for the Tulsa massacre is
    racially divisive. We heard that in 1921. We heard that in
    2003, when Professor Ogletree and Johnnie Cochran filed a
    Federal lawsuit for the survivors. We heard it in 2020 when
    Mayor Bynum, the mayor of the city of Tulsa, said he would not
    support payments to the survivors of the massacre, including
    Ms. Fletcher, Ms. Randle, and Mr. Van Ellis, who you heard
    testify today.
        The victims of the Tulsa Race Massacre and their
    descendants have still not received a penny from the State of
    Oklahoma or the city of Tulsa. Even some direct payment is not
    enough. They need transformational justice to remedy the
    systemic, ongoing wrongdoing still suffered by the victims,
    their descendants, and the current residents of the Greenwood
    and north Tulsa districts of Tulsa, Oklahoma.
        To provide an appropriate remedy, we must understand the
    nature and scope of the wrongdoing and its impact on the
    residents. The massacre not only destroyed the Greenwood
    community, its infrastructure, and human and social capital; it
    created a diaspora of people driven from their homes or
    families and their support networks.
        Here is what the State of Oklahoma said about their role in
    the massacre in a statute it passed in 2001. Quote: ``Local
    municipal and county officials became participants in the mob
    that killed, looted, and burned down Greenwood'' Quote: ``Local
    officials attempted to block the rebuilding of the Greenwood
    community.'' Local officials enforced, quote, ``a conspiracy of
    silence'' that ``served the dominant interests of the state,''
    which termed the riot a ``public relations nightmare'' for a
    community attempting to attract new business. The State, quote,
    ``ignored'' its, quote, ``responsibilities, rather than
    confront the realities of race relations that allowed one race
    to put down another race.''
        Again, these are all quotes from the State of Oklahoma, the
    tale of an Oklahoma that was, and still is, putting profit over
    racial justice. They stopped short of accounting for the
    continuing acts of racial discrimination in the years and
    decades following the massacre. They failed to account for the
    people who fled and could not return--some because they were
    targeted for violence, some because they could not rebuild, or
    some simply because of the unbearable psychological trauma of
    the massacre. This great diaspora of the massacre is owed
    justice, too,
        Typical reparations remedies include trust funds, a
    commission to identify the victims and their descendants, some
    permanent historical record, some form of direct payment to the
    victims, and college scholarships for the descendants. That is
    roughly what Congress provided for the victims of Japanese
    internment.
        However, the remedies for Tulsa must also address the
    current acts of the city and the Chamber of Commerce who
    destroyed social, economic, and cultural institutions, and who
    continue to profit off the victims and survivors by
    misappropriating the histories and likenesses of the victims
    and their descendants.
        Repair requires rebuilding infrastructure in Greenwood and
    north Tulsa--buying back property, building hospitals and
    health centers, redirecting the highways that split these
    communities and families and friends apart, and remediating the
    environmental harms within these communities in Tulsa. These
    are the engines of its economic, but also its social and human
    capital. Repair also requires addressing the trauma and hurt
    experienced by the diaspora of descendants that exist around
    the country and around the world.
        The lead plaintiff in the 2003 Federal case, which I was
    proud to be part of, John Melvin Alexander, a World War II and
    Korean War veteran, said that, quote, ``The White person can't
    realize what they've done to the Black people here.'' end
    quote.
        The enduring trauma of the massacre mocked the survivors
    and their descendants and still does, as you heard from so many
    people, to this day. We need a remedy fit for this massive Act
    of horror. We have come here to Congress to ask you to fix it.
        Thank you.
        [The statement of Mr. Miller follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Cohen. Thank you, Professor Miller.
        We will now proceed under the 5-minute Rule with questions,
    and I will begin by recognizing myself for 5 minutes.
        Mr. Solomon, are you available for questions? Is he here?
        [No response.]
        Well, let me start with Mr. Miller then. I would like to
    have Mr. Solomon for a question. Professor Miller, some argue
    that the harms are in the past, that most of the victims and
    perpetrators are dead, which is all true, and there is no party
    responsible for the harm, nor any party entitled to receive
    compensation for the attack. What is your response?
        Mr. Miller. Well, my response is that we can still see the
    ongoing harms of the Tulsa Race Massacre to this day. Remember,
    all the families lost all their property in the massacre. They
    couldn't get their money returned by going to the courts. They
    couldn't get their money for their property by going to
    insurance companies. So, it was a devastating financial loss
    for over 10,000 people in Tulsa, Oklahoma.
        People fled the city. Families were split apart. So,
    infrastructure was destroyed. That sort of destruction has
    continued over time, as the city tried to rezone Greenwood,
    tried to prevent building back. When people did build back, the
    city continued to target Greenwood for racial divisive urban
    development, driving a freeway through the middle of the
    community, splitting the community apart, dividing it from the
    rest of Tulsa. So, the acts of the city, of the Chamber of
    Commerce, of the State, and the county have continued from
    1921-2021, to target this community--
        Mr. Cohen. Well, it has been a continuing problem and there
    have been no efforts at any remediation, is that correct?
        Mr. Miller. That is correct. Worse, they have made it
    worse.
        Mr. Cohen. Let me ask you this: One of the Witnesses--I
    believe it was Mr. Simmons--said that the insurance companies
    had not honored claims. How did they go about--these were
    property casualty insurance, homeowners' insurance, whatever--
    how did they not get compensation? How did the insurance
    companies get out of it?
        Mr. Miller. They said there was a riot clause in the
    insurance and refused to pay out. So, the insurance companies
    denied hundreds of people their claims, people who are victims
    of the race massacre, by claiming that they didn't have to pay
    because of a riot.
        Mr. Cohen. Mr. Solomon-Simmons, Professor Miller has
    explained that some of the insurance companies, because of a
    riot clause, were allowed not to have to compensate the
    victims. Did the riot clause suggest that they were responsible
    for the damage? How did that riot clause get interpreted that
    way and not give them compensation?
        Mr. Solomon-Simmons. First, it was the city and the county
    and the chamber who falsely called it a riot, for the express
    purpose of making it more difficult for the Black citizens to
    rebuild. We have to understand this was not just some isolated
    event. They wanted their land. They wanted the land of the
    African Americans because it was very valuable land.
        I believe, and our understanding of our research, that
    these insurance companies, they didn't do their due diligence.
    They didn't come down and do an actual investigation. They just
    took the false narrative that the city and the county and the
    chamber provided and said, ``That's good. Good for us. We don't
    have to pay anything.''
        We have these particular claims. I am happy to give this to
    your office, Representative Cohen, a listing of each claim
    made, the specificity, and who they made it to.
        Mr. Cohen. Thank you.
        We had a similar situation in Memphis. After the Civil War,
    they called it a riot for the longest time, and, of course, it
    was a massacre. The city was involved as well and the police in
    perpetrating it.
        In the Oklahoma, as I understand it, the police, the law
    enforcement, participated in the massacre, is that correct?
        Mr. Solomon-Simmons. That is absolutely correct. It is the
    same spirit that runs from 1921-2021.
        This is my client right here. I represent the Crutcher
    family who has suffered from police violence. Her brother was
    shot with his hands up in the air. So, I take great exception
    to what Mr. Shannon had to say about being divisive. We suffer
    in Tulsa. I don't know--he is not from Tulsa. I am from Tulsa.
    Tiffany is from Tulsa. She's from Tulsa. Dreisen is from Tulsa.
    We suffer at the hands of the Tulsa police.
        You also heard the name of Joshua Harvey. It is another
    client of mine, a young man that was tased 27 times to death by
    the Tulsa police department, and none of the officers were
    disciplined. Betty Shelby was not disciplined for shooting her
    brother. None of the officers who had Witnesses leave the
    scene--on video, violated multiple policies--not one of those
    officers is disciplined.
        You know what? After the massacre, in our papers they said
    for this to never happen again--and ``this'' being the rise of,
    quote, ``Nigger Town''--``we need to aggressively police these
    niggers to make sure that they don't rise again,'' unquote.
    That is what we deal with here in Tulsa. That is the over-
    policing in my neighborhood, north Tulsa, 36th Street North.
        Mr. Cohen. My time has expired but thank you. We will try
    to get back.
        Now, we will recognize Mr. Johnson for 5 minutes.
        Mr. Johnson of Louisiana. Thank you, Mr. Chair.
        Speaker Shannon, you obviously had a historic rise and very
    successful career in the State, and we acknowledge that.
        I was struck by your testimony. You testified, in part,
    that you were inspired by the pre-massacre success of
    Greenwood, the stories that your parents told you, the history
    teachers that were in your house, because it represented an
    American success story, where, despite facing horrific racism
    and other aspects of their lives, Tulsa's African American
    residents could flourish economically and socially and
    culturally. You noted that story can still inspire young people
    today.
        So, the question is, what are some ways that we can
    emphasize great stories like that to build up and strengthen
    individuals and communities?
        Mr. Shannon. Thank you, Ranking Member Johnson, for the
    question.
        As a former resident of Tulsa, I think when we think about
    the narrative that we tell ourselves, I am always concerned
    with this narrative of telling people that look like me that
    they can't succeed in this country because it is just not true.
    This country is a land of systemic opportunity. It is not a
    land of systemic racism. This country has afforded many people
    from many different backgrounds great opportunities.
        Now, that doesn't negate that we have had our challenges,
    and many of them have been at the hands of people that look
    like me, and many of them have been victims, people that look
    like me have been victims at the hands of these crimes, much
    like the Tulsa Race Massacre. It is a shame. So, we have
    certainly had our challenges.
        When we think about what Greenwood means to the nation, and
    how it inspires people, it is that the idea of capitalism still
    works. The idea that, if we really want to move people out of
    generational poverty, which is what we are talking about, there
    are steps to do:

            (1)  It starts with getting an education, finishing school.
            Whatever school you are in, do the best you can to finish it.
            (2)  Getting married and staying married. We know that those
            things work. That moves people out of generational poverty.
            (3)  To get a job and keep a job. That is the third thing.
            (4)  To invests and save.
            (5)  To give back to your local community.

        That is how you move people out of generational poverty,
    and that is exactly what the brave men and women of Greenwood
    did in many instances with their entrepreneurship, and they
    continue to inspire people from generations.
        I was moved by the testimony of Uncle Red and the other
    survivors and his sister. I think we all can learn a great deal
    about their courage.
        Mr. Johnson of Louisiana. Very good. I wish I could unpack
    so much of that, but we have limited time.
        Let me go to Mr. Henderson, if I can, if he is still on
    video. Mr. Henderson, are you still with us?
        Mr. Henderson. Yes.
        Mr. Johnson of Louisiana. Great. Just a real quick question
    for you. In recent years, it has become popular for a lot of
    people to argue that America is a county of systemic racism
    rather than systemic opportunities, as Mr. Shannon just said.
    You testified, also, that this is not what you see. Could you
    expound on that a bit further? How would you describe our
    present situation?
        Mr. Henderson. Well, when you look at America, you have to
    compare it with other countries. America is a country that has
    fought to free slaves. America is a country that seeks to live
    out the second sentence in the Declaration of Independence:
    ``We hold these truths to be self-evident, that all men are
    created equal.''
        The governance that is instituted among men is derived from
    just powers from the consent of the governed. So, it is we, the
    private citizens, that determine how this country will move
    forward. We need to recognize that elections matter.
    Understanding the system that we live under, we keep going to
    another race of people asking permission. When you look at the
    free-market capitalism system, you don't have to ask
    permission; you can actually fail your way to success. When you
    look at Thomas Edison, when you look at Booker T. Washington,
    they failed so many times, but would not give up. So, America
    is a great country if we look at it from the right direction.
    All in all, this is a great opportunity to take advantage of.
        Mr. Johnson of Louisiana. How do you think that we can
    better educate this current generation of Americans about those
    principles? I mean, does it come down to public school
    curricula? Does it come down to community education? I mean,
    does everybody have a role in that? How do you explain that to
    others?
        Mr. Henderson. Everyone has a role in that. We need to go
    back to critical--I am sorry--classical education, where we
    teach people how to think as opposed to what to think. Our
    education system has moved from education into actually
    indoctrination. We need to understand the total history of this
    country--the good, the bad, and the ugly--and understand that
    America is not where it was before; that we all play a part in
    it. We need to know the true history of America.
        If you are a citizen of America and you don't know the
    history of America, you are a citizen in name only. For those
    of us that have cut our teeth on the true courage required for
    freedom's sake, we need to reach back and share with those that
    this is your country; you should defend this country when it is
    right and stand up against the wrongs that occur.
        Mr. Johnson of Louisiana. Thank you.
        I am out of time. I yield back.
        Thanks to all the Witnesses for being here today.
        Mr. Cohen. Thank you, sir.
        We are going to go out of order because Ms. Sheila Jackson
    Lee is going to be Speaker Pro Temp. She has time, has to get
    to the Floor.
        Representative Sheila Jackson Lee, you are recognized for 5
    minutes.
        Ms. Jackson Lee. Mr. Chair, let me thank you and the
    Ranking Member for the courage to hold this hearing and to
    present a forum in the United States House of Representatives
    for these humble souls.
        Let me quote William Faulkner because he does not look like
    me and, Mr. Counselor, he doesn't look like you. He said, ``The
    past is never dead. It's not even the past.''
        So, to my friends that are here who have given an
    alternative history, that past never ends. That past is
    redlining that did not allow investment in Black communities.
    That past is, as the outstanding members of this holy and
    iconic group--Mr. Hugh Van Ellis; Ms. Viola Fletcher, Mother
    Fletcher, Ms. Randle--have said, they lived the past. They were
    not able to get the GI bill. Ms. Randle remained a domestic.
    She didn't finish beyond the fourth grade. That is the existing
    and continuing disparities.
        Let me, for those who may never have seen the vibrance of
    Greenwood and Tulsa, and these young women with their cowboy
    hats on, living the dream, if you will, way back in 1921, that
    was Tulsa. That was the economy of this Nation embedded in
    that.
        I would just simply say to my good friend who did not read
    the resolution that we are so proud to have passed honoring the
    100 years, it says, ``By calling upon all Americans to
    celebrate the ethnic, racial, and religious diversity that has
    made the United States the leader of a community of nations and
    the beacon of hope and inspiration to oppressed people
    everywhere.'' That is in H. Res. 398. That is Tulsa.
        Let me tell you what else is Tulsa. If you can't make it
    out, this is a Negro's body with smoke coming out of it, as
    occurred in 1921, when 300 were thrown in a mass grave, unnamed
    to this day, and, as well, held in detention.
        I am so glad that our friends in the Japanese American
    community are, in fact, supporting H.R. 40.
        Let me show you that they actually had thriving businesses.
    That is Greenwood going up in smoke because of an incident in
    an elevator that has never been able to be defended or
    accurate.
        So, let me give these questions quickly in the short time
    that I have for you to be reminded of this.
        Let me get to counselor and Ms. Crutcher. Counselor, my
    time is brief, emphasize again, which most Americans would
    understand, the banks had my money, had their money. I remember
    those little books. We grew up on those little books. You go to
    the bank, you put the money in, and they mark in your little
    book that you had money.
        Tell me two things. You have not been able to get the money
    out of the bank, and the insurance, which all of us are told to
    get flood insurance, to get home insurance, that you were not
    able to get? That is your questions. My time is 1:54.
        Ms. Crutcher, I have never heard you condemn law
    enforcement. I have heard you say, in the name of your deceased
    mom and your family and the children of your brother, that he
    was killed in cold blood with his hands up. I want you to
    respond to that, as to what we need to do legislatively to be
    able to address this injustice.
        Mr. Counselor?
        Mr. Solomon-Simmons. First, Representative Lee, thank you
    for your leadership on H.R. 40.
        In our community, yes, Dr. Olivia Hooker, who was the first
    African American female in the Coast Guard, from Tulsa, she
    talks about this, talked about this before she passed, and many
    other survivors--they couldn't get their money out of the banks
    because the banks said, ``Well, hey, where's your bank book?''
    They said, ``It burnt.'' They said, ``Too bad.''
        So, we are trying to have a discussion with these banks to
    say let's do a forensic audit and let's go in there and find
    out what money may still be available to these descendants.
        Secondly, yes, again, the insurance companies--these Black
    people in Tulsa were very sophisticated. They were business
    minded. They were savvy. They had policies, insurance policies.
    To this day, no policy actually paid anything that was a fair
    market value and is still owed, as we speak.
        Ms. Jackson Lee. Thank you.
        Ms. Crutcher, if you would.
        Dr. Crutcher. Yes, ma'am. I back police officers. My uncle
    is a police officer. My father served this country. He was a
    Vietnam veteran. So, I have never bashed the police, but there
    is an oath that our law enforcement in this country that they
    swear to, and I believe in that oath because it simply says--
    and you all should read it--``We are here to protect and
    serve.''
        My issue is that there are police officers in this country
    that Act antithetical to that oath that they swear to. So, what
    we are trying to do, and what we need for Congress to do, is
    Act and pass not on dumbed-down or a watered-down or a half-
    baked bill, but we need to end the doctrine of qualified
    immunity. That doctrine has hurt my family. There has been a
    civil lawsuit sitting on a judge's desk since 2017. We have no
    closure. My mom went to her grave not seeing justice for her
    son. So, there are policies in place that allow police officers
    to get away with legal murder, and we need to make sure that we
    pass that.
        Ms. Jackson Lee. Thank you. Thank you.
        My time has run out. I just want to put into the record
    this statement from the Tulsa Race Massacre that indicated in
    2001 damages were up to a hundred million. Today, in 2021, it
    may be $200 million.
        My commitment to you is to find justice and relief, and to
    demand that the mayor of the city of Tulsa give you the
    resources to those descendants, not for him to pocket, not for
    the city of Tulsa, but to be able to get those raised monies--
    Mr. Mayor, hear me now--in the rightful hands of those
    descendants that are here today and those descendants of those
    who have died. It is now; the time is now.
        I yield back, Mr. Chair. Thank you for your courtesy.
        Mr. Cohen. Thank you, Representative Lee. Thank you.
        Ms. Ross, you are recognized.
        Ms. Ross. Thank you, Chair Cohen and Ranking Member
    Johnson, for holding this extraordinary and important hearing.
    Hopefully, it will not be the last of these hearings, though,
    hopefully, we won't have these kinds of atrocities going
    forward.
        I also want to thank all the Witnesses for joining us
    today.
        While plenty can change in 100 years, the powerful
    testimony we have heard today reminds us that history also is
    alive. The Tulsa Race Massacre lives on through Mr. Van Ellis,
    Mother Fletcher, Mother Randle, and their descendants.
        Thank you, Dr. Crutcher, for being here.
        It also lives on through the families that lost their
    homes, their wealth, their loved ones, and the futures that
    they thought they would have.
        For those who do not believe that racism exists in the
    United States, I hope the testimony of our Witnesses helped
    them understand that racism and brutality 100 years ago, 400
    years ago, continues to stand in the way of the success of the
    people here today.
        Tulsa is not the only city where violent White supremacy
    has set our Nation back. In my State of North Carolina, White
    supremacists carried out a massacre and a coup d,tat in 1898,
    toppling the multiracial government in the majority Black city
    of Wilmington. Like Tulsa, Wilmington was once the home to a
    thriving Black community. White supremacists were able to
    demolish Black homes and businesses, kill Black civilians, and
    overthrow a democratically elected government because the
    system of power in our Nation and our State did not intervene.
        My first question is for Mr. Solomon-Simmons about the
    aftermath of the massacre. It is a dramatic example of how
    racism, both in the form of violence, but also discrimination
    in government policy, has contributed to the wealth gap between
    White and Black households in present-day America. How did the
    massacre and its aftermath impact survivors and their
    descendants' ability to build and pass on generational wealth?
        Mr. Solomon-Simmons. Thank you, Representative Ross, for
    that question.
        In many ways, it was impacted. First, up to the '40s and
    the '50s, for those individuals in Greenwood who survived the
    massacre and were not run out as refugees, they were severely
    neglected by the city of Tulsa. They didn't receive any type of
    city services. They didn't have paved streets. They didn't even
    have proper plumbing, so they could have running water in their
    homes.
        Then, they brought in urban renewal, which we call in Tulsa
    ``Negro removal.'' They used that policy to steal the rest of
    the land that they hadn't stolen during the massacre. The final
    nail was when they put Highway 244 directly, squarely in the
    Black community through Greenwood, to purposely destroy any
    opportunity for Greenwood to thrive again.
        So, this has been the remnants. Right now, if you come to
    Tulsa, you will see a thriving, beautiful, modern, metropolitan
    city south of I-244. That is White Tulsa. North of that
    highway, which is north Tulsa and Black, there are no
    businesses, hardly any businesses. There are no buildings going
    up. There are no high-rises, nothing like that. It is as stark
    as night and day.
        Ms. Ross. Thank you very much.
        My next question is for Ms. Heath. So, I brought up the
    massacre in Wilmington. What happened in Tulsa is particularly
    unique at this 100-year mark because it was an entirely Black
    community. Wilmington was an example where Blacks and Whites
    lived together and some people just didn't like that.
        Could you tell us about other instances in our history
    where we have seen White supremacists intervene in people's
    thriving, multiracial economies?
        Ms. Heath. Thank you.
        Yes, the United States has a history of White supremacists
    invading Black neighborhoods or coalescing among Black
    neighborhoods and, quite frankly, all of a sudden, getting sick
    of some type of economic progress or social progress that
    creates equitable conditions for Black people in those
    neighborhoods.
        The ``Red Summer of 1919'' is a prime example of dozens of
    race massacres, also coined as race riots in history, which is
    a false narrative that does not account for the deliberate and
    designed destruction of Black neighborhoods and their success.
        So, post-Reconstruction, pre-Reconstruction, all the way up
    to the spirit of what had Members of Congress laying on the
    floor during January 6th, is a product of White supremacy in
    this country.
        Ms. Ross. Thank you very much.
        Mr. Chair, I yield back.
        Mr. Cohen. Thank you, Ms. Ross.
        Next in order is Mr. Hank Johnson, who has been a leader on
    this issue in the Congressional Black Caucus and a leader on
    this issue and others throughout his time in Congress, since
    2007.
        Mr. Johnson of Georgia. Thank you, Mr. Chair, for holding
    this very important hearing.
        I also want to thank the survivors of the massacre who
    spoke on the first panel and shared their stories with us
    today.
        As the 100th year anniversary of the Tulsa-Greenwood
    Massacre approaches, we must examine this part of our history,
    lest we be bound to repeat it. The massacre of Black lives may
    have been the deadliest, but it certainly was not an isolated
    event. Black people in this country continue to fight against
    racist violence even today and the legacy of racist violence.
    We cannot let our future be defined by hate any longer and by
    racism any longer.
        Later today, I will introduce the Tulsa-Greenwood Massacre
    Accountability Claims Act, which will create a Federal cause of
    action for massacre-related claims. The victims of this
    atrocity have been denied justice for far too long. Similar
    legislation was previously introduced by my friend, the former
    Congressman and former Chair of the Judiciary Committee, John
    Conyers. I am honored to continue his legacy in this way.
        Ms. Heath, why is congressional action so important to
    create accountability, and why accountability so important
    after atrocities such as Greenwood?
        Ms. Heath. Thank you.
        As you heard from Mr. Miller and Mr. Solomon-Simmons, the
    courts have failed to deliver justice necessary and hear the
    merits of these atrocities. Therefore, legislative remedy is
    incredibly important post-any serious or gross human rights
    violations, such as the Tulsa Race Massacre or including acts
    of racial discrimination, which include housing, education,
    employment, racial discrimination in the United States today
    impacting Black people.
        It is incredibly important that repair mechanisms are
    proportional to the harms that were committed and not just
    symbolic. In the case of Greenwood, material damage was done,
    including moral damage which should be compensated for. Under
    international law, there are various forms of reparation, in
    addition to financial compensation, legal and institutional
    reforms also that need to be administered in the case of
    Greenwood. All forms of repair, given the damage that was done
    in Greenwood, need to be on the table to provide full
    restitution to the gravity of the harms and crimes committed.
        Mr. Johnson of Georgia. Thank you.
        Attorney Solomon-Simmons, would you care to respond to that
    question?
        Mr. Solomon-Simmons. Well, again, because this body, this
    Congress has shown the ability throughout our history with the
    Japanese internment camp survivors, the 9/11 Commission, that
    it is important for the Congress, the United States of America,
    to say, what happened to these people was wrong. We have the
    power to remedy it and we should remedy it. We must have
    accountability for what happened in Greenwood.
        Because if we don't have accountability for what happened
    in Greenwood, it will only happen again. It is not enough just
    to know something happened, so you won't repeat it. You have to
    know there are consequences that it happened. So far, there
    haven't been any consequences from anyone at this point, and we
    hope and pray that we can get some consequences from Congress.
        Mr. Johnson of Georgia. Thank you.
        Ms. Heath, are you aware, and Professor Miller, are you all
    aware of any instances in this country where Black people have
    received reparation for harm done to them?
        Ms. Heath. Yes. In 1923, the Rosewood Race Massacre
    occurred two years after the Tulsa Race Massacre. Victims in
    the 1990s were compensated, including their descendants, with
    scholarships. In addition, North Carolina compensated victims
    of forced sterilization for a discriminatory eugenics law. So,
    reparations have been paid, but not to descendants of enslaved
    Africans at the grander level and, also, in this case of Tulsa
    and many other incidents of racial violence.
        Mr. Miller. If we think broadly about reparations, the
    Federal government has actually already made it possible for
    African Americans--for example, Black farmers--to sue to gain
    some compensation. So, Congress has taken a lead on this before
    and--
        Mr. Cohen. You might need to turn your microphone on,
    Professor. Was it already on?
        Mr. Miller. Sorry, I thought it was on. Did you not hear
    me?
        All right. So, Congress has taken the lead on this before;
    for example, with the Black farmers legislation, and I am glad
    that Congress is taking a lead on it again.
        Mr. Johnson of Georgia. Thank you.
        So, H.R. 40 or the Tulsa-Greenwood Massacre Accountability
    Claims Act would not be new. It would not be unique. It would
    not be a trailblazer. It would just be a continuation of
    justice that has been afforded to certain victims of racism in
    this country throughout our history. Is that correct?
        Mr. Miller. That is correct. It is worth recognizing that
    States--California has been a leader in affording this sort of
    relief to, for example, victims of Armenian genocide, braceros,
    Holocaust survivors. So, it is long overdue for African
    Americans as well.
        Mr. Johnson of Georgia. Thank you, and I yield back.
        Mr. Cohen. Thank you, Mr. Johnson.
        Ms. Garcia from Texas is recognized for 5 minutes.
        Ms. Garcia. Thank you, Mr. Chair, and thank you so much for
    bringing this hearing forward. I think it is historic and just.
        The courage and the tenacity and just the wherewithal of
    the survivors to be here with us this morning, and to share
    their stories, was very, very, very moving and compelling. I
    hope that more Americans get to see it. I hope that children
    get to see it. I hope that anyone who studies history sees it.
        So, thank you for doing this. I am so glad that, also, you
    are livestreaming this to make sure that people make note.
        It is shame; 100 years since the Tulsa-Greenwood Race
    Massacre, and we still find ourselves striving for equal
    justice under the law for all Americans. Uncle Red said it
    best: We all need to work together because we are one. We all
    need to work together because we are one.
        So, it is important that we commemorate this centennial
    anniversary of this massacre to educate new generations of our
    country's history, to learn from it and heal from it, to
    restore justice for the Greenwood district community, as well
    as many other long-suffering communities alike. That is why I
    am a cosponsor of H.Res. 398, the resolution.
        Like President Biden has said, ``to heal, we must
    understand.'' To heal, we must understand. That is why I also
    support H.R. 40 and I am a proud sponsor together with many
    others here in Congress.
        Today, I have learned of yet another bill that would help
    restore justice for all, and that is the Accountability Act
    that Mr. Johnson just mentioned. I will certainly sign up to be
    a sponsor in that bill.
        I agree with our nation's top law enforcement official,
    Attorney General Merrick Garland, that we are obligated to
    protect each other. That is why highlighting this event 100
    years later, when racial hatred drove individuals to carry out
    unspeakable acts of violence against our own fellow Americans
    teaches us about the evils that are perpetuated by White
    supremacists. Let's be clear. We will not rest until there is
    justice for all.
        If you listen to the words of Mother Fletcher, she said
    that she has lived this massacre every single day--every day.
    We owe it to her and all the others to make sure that we make
    change, and we do it now, not later. Hate because of the color
    of one's skin shall never win. We cannot let it win. America
    prevails when we come together in peace. As Uncle Red said, we
    are one.
        So, I want to begin with you, Attorney Simmons. I noticed
    in--it may have been your written testimony--that groups even
    like Sinclair Oil loaned them the planes--loaned them the
    planes. We hear, and the Chair asked questions, about the
    insurance companies. So, businesses were involved with this.
    Have we been able to get a handle on how we can go to the
    successor businesses? Sinclair Oil I believe still exists.
    Those companies, obviously, were bought by someone. Have we
    been able to try to get any damages from them?
        Mr. Solomon-Simmons. Thank you for your question.
        We are in the process of that. We have reached out to
    several companies, including Sinclair Oil. They are still
    around. Then, many, many insurance companies, banks, other
    publications, and we are trying to hold everyone accountable.
    So far, not many people want to talk to us and have a
    conversation. That is why we reached out and said, ``Let's have
    a conversation, because these people in Tulsa, my people in
    Tulsa, they need healing, and you were a part of this 100 years
    ago, and here's the proof of it.''
        Ms. Garcia. Right. I know that, also, I read that there was
    a commission set up in Oklahoma, and that they did say that
    reparations should go to the historic Greenwood community in
    some way; and that it would do much to repair the emotional and
    physical scars of this terrible incident. Have they done
    anything? Is there anything that we can do to nudge them, push
    them?
        Mr. Solomon-Simmons. Well, first, they have not done
    anything. In fact, those same perpetrators of the massacre are
    now utilizing the massacre to line their own pockets. So, in
    fact, they haven't done anything; they have done worse. They
    have actually compounded the trauma, and they have soaked up
    all the resources that good people from around the Nation that
    want to support the Black people of Tulsa--they don't
    understand that they are actually supporting the city of Tulsa
    and the White business owners in Tulsa. That is what is
    actually happening right now.
        I think just this hearing, people understanding the
    difference, understanding that groups on the ground like the
    Crutcher Foundation, Justice for Greenwood, the Black Wall
    Street Legacy Festival are actually working directly with
    survivors and descendants, and not the city of Tulsa and the
    Chamber of Commerce and the State of Oklahoma; they are working
    for themselves. They are trying to do exactly what they did in
    1921 when Tulsa created this slogan called ``Tulsa Will.''
        Now, they have a slogan that says, ``Tulsa Triumphed'' to
    try to say, oh, Tulsa has triumphed over this bad history. The
    fact is Tulsa, the city, triumphed over Greenwood. It was
    Greenwood that was destroyed. It was Greenwood that was looted.
    It is Greenwood that needs repair, not Tulsa.
        Ms. Garcia. Thank you.
        Mr. Chairn, I see my time has expired. I yield back.
        Mr. Cohen. Thank you, Ms. Garcia, for your statement and
    your questions.
        Ms. Bush, a freshman, but experienced and a very important
    Member of this Committee from Missouri, is recognized.
        Ms. Bush. St. Louis.
        I thank you, Chair Cohen, for convening this hearing.
        It is both an honor and a profoundly sobering privilege to
    be sharing space with you, and to Mr. Van Ellis, to Mother
    Fletcher, and Mother Randle, with them as well, I hope to be
    able to actually meet them.
        When I go home today--and this is to them--when I go home
    today, I will call my 7-year-old nephew and tell him about my
    day. I will tell him that I got to see and hear American heroes
    today. I will tell him that I spoke to them in awe that they
    lived, all those things that they talked about and how they
    lived in a neighborhood much like his in St. Louis; that he
    lives in a neighborhood with local schools just like they did
    and favorite parks where he spends his holidays the same way
    they do, and where he celebrates some of his life's most
    precious moments, the same way that they did. Unlike in his
    neighborhood in St. Louis, this vibrant, beautiful community in
    Tulsa was burned down. Yet, Mother Fletcher, Mother Randle, and
    Mr. Van Ellis are still here with us today, sharing their
    storage of courage.
        To my colleagues on this Committee, there is only one
    reason why descendants of the Tulsa Massacre have not been
    compensated. That reason is racism. It's anti-Black racism, to
    be clear, and it has been stated a couple of times, and I want
    to State it again. It's anti-Black racism. Racism is not just
    slavery and Jim Crow. It is the daily violence that is enacted
    on our communities each and every day we live in this White
    supremacist society.
        Racism is when a group of our elders come to our halls to
    testify about the massacre they survived without any clear
    commitment from our leaders as to the reparations they are
    owed. That is outright racism, full stop.
        What happened in Tulsa on the evening of May 31st and that
    continued into the day of June 1st, 1921, was a failure of the
    highest proportions. For 24 hours the community was under
    attack, traumatized, brutalized, terrorized, and killed--for no
    other reason than for being Black. It was the failure of our
    government that helped enable the violent massacre. It was the
    failure of our leaders--our leaders--for being complicit in
    White supremacist violence. It was the failure of our country
    for failing to protect its own citizens.
        It is a failure only made possible because racism is alive
    and well in this country. It was alive when a White mob burned
    Tulsa to a crisp. It is alive now, as we debate the merits of
    repairing harm. Underlying the generational trauma and
    exploitation is a government that refused to even acknowledge
    the humanity of our ancestors enslaved and terrorized under
    White supremacy, a government that to this day refuses to
    acknowledge or atone for its ongoing racism--ongoing and
    ongoing racism.
        So, let me ask, Ms. Goodwin, how has your family, if you
    could just tell us briefly, how has your family's history been
    affected by the Tulsa Massacre? Then, I have a question for Mr.
    Crutcher. Ms. Goodwin, how has your family's history been
    affected by the massacre? If you could name like three things
    that like really stick out?
        Ms. Goodwin. Well, one that sticks out is the generational
    wealth that could have been, basically, accrued by now. There
    was some $76,244 back in 1921. In today's dollars, that is some
    $900,000, and perhaps $1.2 million.
        Ms. Bush. My goodness.
        Ms. Goodwin. So, if we just talk about the material loss,
    that is what you would deal with. If you want to talk about the
    scars and, as it has been said over and over again, the ongoing
    trauma, we feel this every day because we live in this
    community. As it has been said, we see a community that is
    being gentrified. We see a community right now where this
    massacre is being monetized by Greenwood Rising and all this
    hoopla. The three folks that we could do right by, right now
    they are still living.
        Ms. Bush. Yes.
        Ms. Goodwin. So, I say to you that we feel that. Okay?
        Ms. Bush. Yes.
        Ms. Goodwin. When you say three things, I could name 30
    things.
        Ms. Bush. Okay. I am running out of time but thank you.
        Ms. Goodwin. Okay.
        I am going to move to Ms. Crutcher. I only have a few
    seconds left. Could you tell us, what does justice look like to
    you in your community? Thank you for sharing what you shared
    with us today. If you could say what justice is for Tulsa right
    now, what is that?
        Dr. Crutcher. Justice is simply restitution, repair, and
    respect.
        Ms. Bush. Thank you.
        Dr. Crutcher. Those three words, that is what justice looks
    like.
        Ms. Bush. Thank you.
        I want to end my remarks by talking directly to all the
    Black people, the young people, who are listening to this
    discussion today. Know that this country's legacy of racism is
    still alive today. Our lives, our very existence, is a
    testimony--it is a testament to our will and our strength. It
    is a testament to our power as a people and how much has stood
    in our way, in the way of our survival. Yet, we are still here.
    We saw three people; they are still here. We are fighting for a
    world that honors our dignity and our humanity, and know that
    we will always do this work of liberation and justice for each
    and every person until it is won.
        Thank you. Thank you.
        [Applause.]
        Mr. Cohen. That concludes today's hearing, and I am going
    to conclude it in a most unusual manner, in that I am going to
    advertise a television show.
        On May the 30th, at 8:00 p.m. Eastern Time, a program
    called ``Tulsa Burning: The 1921 Race Massacre'' will be shown
    on the History Channel. This is an important program for those
    of you who have watched and those who haven't had the
    opportunity to watch, to view.
        Coincidentally, and just as a Wizards fan, it is produced
    by Russell Westbrook. It will be history.
        I have learned much today, and I have learned much over the
    years, about the Tulsa Race Massacre, and we need to take
    action and show that our country understands what Faulkner
    said: ``The past is not the past. The past is never dead. We
    are living now. The past is still with us.''
        I want to thank all our Witnesses for appearing today.
        Without objection, all Members will have five legislative
    days to submit additional written questions for the Witnesses
    or additional materials for the record.
        With that, the hearing is adjourned.
        [Whereupon, at 12:26 p.m., the Subcommittee was adjourned.]

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