Summary

Authorizes and appropriates funding for a new special US census which disaggregates ethic designations. The spirit of this law is to recategorize immigrants of African descent into the category Native African. In addition, the spirit is to offer constitutional selection options. The end output will be delineating U.S. citizens injured by public policy harms who descended from victims of U.S. government consented human trafficking and trauma. This allows government to more effectively appropriate resources for their repair.  More important this law allows for elimination of discriminatory U.S. Code which creates unfair federal program of restitution which discriminate the victim-survivors from applying for remedy. Therefore after the enactment of this law those next generation victim-survivors will have access to a fair option to classify as ex-slave descendants, Freedmen descendants, or American Descendants of Slavery (ADOS), and US government paid restitution to victim-survivors. In addition, this law will lead to disaggregating of recent African immigrants from those with a different American story of injury. Those injured will therefore be more easily distinguishable, and resources can be appropriated to them for repair.

Long Summary

This law will acknowledge victim-survivors have been injured as a result of the US government's unfair past public policies, and current unfair public policies (e.g. federal common core legislation providing untruthful human trafficking education about victim-survivors ancestors) habitual disregard, discriminatory practices, and failure to protect their ancestors as victims and themselves as victim-survivors. Currently recent African immigrants and victim-survivors are categorized together as a result of a discriminatory design of the previous U.S. Census form. This law rectifies this public policy harm, and prevents further injury to victim-survivors U.S. citizens. In addition, the victim-survivors law authorizes and appropriates funding for a protected category and new protection supports for victim-survivors under the office of ADOS Affairs and office of Freedmen Affairs. This victim-survivors law will bring trillions in restitution, and be a pathway for repair with an exact start days of less than 30 days after presidential signature and no fixed end date. In addition this package includes rehabilitative victim-survivors communal restitution. The measures authorized are for qualified victim-survivors only, and African natives will not qualify for these acts. The goal is allowing for the specific needs and injuries of victim-survivors communities to be accurately quantified. Furthermore,  this law will authorize and appropriate funding to perform community engagement, and create 10 research centers nationally to study and recommend targeted policies and investments as a result of government consented public policy harm. The public policy harms has led to tangible loss and non-tangible loss to these victim-survivors. The US Government is the culpable party. The African government is not culpable for US public policy harms. In addition to allowing new categorization, and restitution, this act allows for electronic and paper filing claims of punitive damages and victim's compensation for injury. All restitution payments are mandated to begin no later than 30 days after president signature. This is a settlement.

HB 40 Victim's Compensation Fund Think Fair Act Proposal (DRAFT)

Draft 3, last revised October 10, 1712 eastern

Note: Contact Mr. Davenport of commercial lobbying firm DavenportLawLobbying.com for media inquiries: 202-440-9700

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Public Law ____-_____ ______th Congress

PUBLIC LAW _____-_____—____________

_______ STAT.________

An Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PURPOSES.

 

The purposes of this Act are to—

(1) quantify and authorize the direct cash compensation of the injured, who are victims of federal public policy harm; this law is restricted to those in the ethnicity/origin of American Descendants of Slavery, Blacks, African Americans, ex-slaves from US human trafficking, Black freedmen descendants  today; henceforth named victim-survivors;

(2) provide under the Department of Interior a new host of services and special programs for all victim-survivors;

(3) authorize a new special US census which recategorizes immigrants of African descent into the category Native African and which offers a selection option of delineating U.S. citizens who are victim-survivors classifying before this law as Black or African American on the U.S. Census into a new ethnic/origin protected victim-survivors category;

(4) provide for an, Office of ADOS Affairs and Office of Freedmen Affairs, Reparations Administration, charged with creating a genealogy registry that will provide resources for victim-survivors who wish to trace their ancestry to establish eligibility for these entitlements. The office will also provide for public education, collection of information and studies regarding stolen wealth by way of the destruction of Black businesses, stolen intellectual property, predatory lending, and the redlining of housing, insurance policies. Furthermore, the office public education fund will finance efforts to inform the public about wealth gap trauma and other trauma harms causing injury to American Descendants of Slavery, Blacks, and African Americans by way of discriminatory public policy so as to prevent the recurrence of any similar policies, and to increase the rates of lobbying to remove discriminatory policies;

(5) authorize the return of land issued in Field Order No. 15 to Freedmen descendants;

 

(6) make restitution for injuries to American Descendants of Slavery (ADOS), Blacks and African Americans individuals harmed by malicious, inhumane, and/discriminatory public policies which negatively impacted American Descendants of Slavery, Blacks, African Americans, ex-slaves, ex-slave descendants, black freedmen descendants  and reflect negatively on the United States as a global leader, for wrongs in the US jurisdiction and territories the federal government authorized or failed to remove such as —

(A) policies which injured victim-survivors anytime in the past to present;

(B) policies which led to tangible personal property of the victims and/or victim-survivors being taken or destroyed by United States;

(C) policies miseducating victims and/or victim-survivors about the true nature of their existence as descendants of human trafficking survivors, whose ancestors endured U.S. government consented torture in the U.S.; 

(D) policies allowing private media conglomerates to parade deaths of victim-survivors on news shows or broadcast for the purpose or triggering victims, and causing further mentally injury.

SEC. 2. STATEMENT OF THE CONGRESS.

(a) WITH REGARD TO INDIVIDUALS OF AMERICAN DESCENDANT OF SLAVERY ANCESTRY, BLACKS, AFRICAN AMERICANS, EX-SLAVES HUMAN TRAFFICKED IN THE USA, AND BLACK FRREDMEN —The Congress recognizes that, as described by public USA academic research and previous Congressional apology, a grave injustice was done to citizens of American Descendants of Slavery ancestry by the public policy harms from the past to the present. As the public USA academic research and pass Congressional apology documents documents, these actions were carried out without regard for the humanity of victims, victim-survivors or their rights to life, liberty, and pursuit of happiness in the United States jurisdictions, and were motivated largely by racial prejudice, government self-interest, and a failure of political leadership. 

(b)The victims and victim-survivors suffered enormous damages, both material and intangible, and there were calculable losses in education and job training, and calculable losses in injury, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these victim-survivors, the Congress apologizes again and first of for new policies of wrongdoing on behalf of the Nation.

TITLE I—UNITED STATES CITIZENS OF AMERICAN DESCENDANT OF SLAVERY ANCESTRY, BLACKS, AFRICAN AMERICANS, EX-SLAVES HUMAN TRAFFICKED IN THE USA, AND BLACK FRREDMEN

 

SEC ___. SHORT TITLE.

This title may be cited as the Victims Compensation Fund Think Fair Act of 2024.

(a) ESTABLISHMENT.—There is established in the Treasury of the United States the Think Fair Act Public Education Fund, which shall be administered by the Secretary of the Treasury.

(b) INVESTMENT OF AMOUNTS IN THE FUND.—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code.

(c) USES OF THE FUND.—Amounts in the Fund shall be available only for disbursement by the Department of Interior Secretary under section ____and by the Board under section ___.

(d) TERMINATION.—The Fund shall never terminate, and any income earned on such amount, after the date of the enactment of this Act shall be used for the purpose of the fund.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Fund $12,500,000,000, of which not more than $500,000,000 may be appropriated for any fiscal year. Any amounts appropriated pursuant to this section are authorized to remain available until expended.

SEC _____. RESTITUTION.

(a) Location and Payment of Eligible Individuals.—

(1) IN GENERAL.—The Department of Interior Secretary shall place a public debt in the amount of 151.9 million dollars per American Descendant of Slavery on the ledger as a public debt, for such purpose of restitution payments by the US Treasury, pay back of this debt to each eligible American Descendant of Slavery individual in lump sum or installment equal to $151,900,000.00 unless such individual refuses to accept payment and therefore will likely pursue civil lawsuits for harm.

(2) LOCATION OF ELIGIBLE INDIVIDUALS.—The Department of Interior shall identify and locate, without requiring any application for payment and using records already in the possession of the United States Government, each eligible individual. The Department of Interior should use funds and resources available to the Department of Interior, including those described in subsection (c), to attempt to complete such identification and location within 12 months after the date of the enactment of this Act. Any eligible individual may notify the Department of Interior Secretary that such individual is an eligible individual, and may provide documentation therefore. The Department of Interior Secretary shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, ensure funds are disbursed for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section.

 

(3) FROM THE DEPARTMENT OF INTERIOR.—The Department of Interior Secretary shall disburse restitution packages or direct cash payments to all victim American Descendants of Slavery, notify that eligible individual in writing of his or her eligibility for restitutions under this section. Such notice shall inform the eligible individual that—

 

(A) acceptance of restitution payments in lump sum or installment under this section shall be in full satisfaction of all claims against the United States arising out of acts described in above), and

 

B) each eligible individual who does not refuse, in the manner described, will accept payment under this section within 18 months after receiving such written notice.

 

(4) EFFECT OF REFUSAL TO ACCEPT PAYMENT.—If an eligible individual refuses, in a written document filed with the Department of Interior Secretary, to accept any payment under this section,

the amount of such restitution shall remain in the U.S. Treasury until the point when the individual accepts their restitutions.

 

(5) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES.— The acceptance of payment by an eligible American Descendants of Slavery individual under this section shall be in fill satisfaction of all claims against the United States arising out of acts described herein. 

 

(6) EXCLUSION OF CERTAIN INDIVIDUALS.—No payments maybe made under this section to any individual who, after ______________ , accepts payment pursuant to an award of a final

judgment or a settlement on a claim against the United States for acts described herein, or to any surviving spouse, chUd, or parent of such individual to whom this applies.

 

(7) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(A) In the case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows:

 

(i) If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.

(ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment. 

 

(iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment.

If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the US Treasury, and may be used only for the purposes set forth herein.

(B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this legislation will be made, to the same extent as such subsections apply to the eligible individual.

 

(C) For purposes of this paragraph—

(i) the spouse" of an eligible individual means a wife or

husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual;

(ii) a ''child" of an eligible individual includes a recognized natural child, a stepchild who lived with the eligible individual in a regular parent child relationship, and an adopted child; and

(iii) a "parent" of an eligible individual includes fathers and mothers through adoption.​

(b) Resources For Locating Eligible Individuals.—In attempting to locate any eligible individual, the Department of Interior Secretary may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Department of Interior Secretary.

(d) ADMINISTRATIVE COSTS SHALL BE PAID FROM THE US TREASURY.—All costs incurred by the Department of Interior Secretary in carrying out this section shall be paid from the US Treasury.

(e) TERMINATION OF DUTIES OF DEPARTMENT OF INTERIOR SECRETARY.—The duties of the Department of Interior under this section shall never cease.

 

(f) CLARIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.—Amounts paid to an eligible individual under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits.

 

SEC ______. BOARD OF DIRECTORS OF THE FUND.

(a) ESTABLISHMENT.—There is established the Think Fair Act Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section.

(b) USES OF FUND.—The Board may make disbursements from the Fund only—

(1) to sponsor research and public educational activities, and to publish and distribute literature and media so that the events surrounding the public policy caused trauma, pain, and suffering of American Descendants of Slavery ancestry will be remembered, and so that the causes and circumstances of this and similar public policy harms may be analyzed and understood; and

(2) for reasonable administrative expenses of the Board, including expenses.

 

(c) MEMBERSHIP.—

 

(1) APPOINTMENT.—The Board shall be composed of 10 members appointed by the President, by and with the advice and consent of the Senate, from individuals who are not officers or employees of the United States Government.

 

(2) TERMS.—(A) Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years.

(B) Of the members first appointed—

 

(i) 5 shall be appointed for terms of 3 years, and (ii) 4 shall be appointed for terms of 2 years, as designated by the President at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member's term until such member's successor has taken office. No individual may be appointed as a member for more than 2 consecutive terms.

 

(3) COMPENSATION.—Members of the Board shall serve without pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5, United States Code.

 

(4) QUORUM.—6 members of  the Board shall constitute a quorum but a lesser number may hold hearings.

 

(5) CHAIR.—The Chair of the Board shall be elected by the members of the Board.

 

(d) DIRECTOR AND STAFF.—

(1) DIRECTOR.—The Board shall have a Director who shall be appointed by the Board.

 

(2) ADDITIONAL STAFF.—The Board may appoint and fix the pay of such additional staff as it may require.

 

(3) APPLICABILITY  OF CIVIL SERVICE LAWS.—The Director and the additional staff of the Board may be appointed without regard and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS-18 of the General Schedule under section 5332(a) of such title.

 

(e) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.

 

(f) GIFTS AND DONATIONS.—The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under subsection (b).

(g) ANNUAL REPORTS.—Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board.

 

(h) TERMINATION.—The board shall never cease.

SEC. ____. DOCUMENTS RELATING TO THE PUBLIC POLICY HARMS.

 

(a) PRESERVATION OF DOCUMENTS IN NATIONAL ARCHIVES.—All documents, personal testimony, and other records created or received by the US Congress shall be kept and maintained by the Archivist of the United States who shall preserve such documents, testimony, and records in the National Archives of the United States. The Archivist shall make such documents, testimony, and records available to the public for research purposes.

 

(b) PUBLIC AVAILABILITY OF CERTAIN RECORDS OF THE HOUSE OF REPRESENTATIVES.—

(1) The Clerk of the House of Representatives is authorized to permit the Archivist of the United States to make available for use records of the House not classified for national security purposes, which have been in existence for not less than thirty years, relating to the harms period.

 

(2) This subsection is enacted as an exercise of the rulemaking power of the House of Representatives, but is applicable only with respect to the availability of records to which it applies, and supersedes other rules only to the extent that the time limitation established by this section with respect to such records is specifically inconsistent with such rules, and is enacted with full recognition of the constitutional right of the House to change its rules related to records keeping at any time, in the same manner and to the same extent as in the case of any other rule of the House.

 

SEC ____. DEFINITIONS.

For the purposes of this title—

(1) the term "public policy harm"

means that federal government policies which traumatizes, injures, harms, aggravates harm, or resulting in the wealth gap which negatively impacts ADOS in the past or present;

(2) the term "eligible individual" means any individual of American Descendant of Slavery ancestry who is living on the date of the enactment of this Act and who, during the harms period—

(A) was a United States citizen; and was harmed by public policies as a result of— federal discriminatory policy or the lack of policy to provide ADOS a fair opportunity for life, liberty, and pursuit of happiness;

(3) the term "Board" means the Think Fair Act Public Education Fund Board of Directors established in section ___.

(4) the term "injury" means the impact of harms.

(5) the term "economic-loss" means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, lost of potential inheritance) resulting from federal government policy harm due failure to protect American Descendants of Slavery, Blacks, African Americans to the maximum extent recovery for such loss is allowed under this Federal law.

(6) The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, mental health losses, and all other nonpecuniary losses of any kind or nature.

SEC ____. FILING OF A CLAIM.

(a) IN GENERAL.—A claimant may file a claim for compensation under this Act with the Department of Interior. The claim shall be on the form developed and shall state the factual basis for eligibility for compensation and the amount of compensation sought.

(b) CLAIM FORM.—

(c) IN GENERAL.—The Department of Interior shall develop a claim form that claimants shall use when submitting claims under this act. The Department of Interior shall ensure that such form can be filed electronically, if determined to be practicable.

(d) CONTENTS.—The form developed shall request—

(i) information from the claimant concerning the injury that the claimant suffered as a result of federal public policy unfairness today, or in the case of a claim filed on behalf of a decedent, information confirming the decedent’s death, as a result of federal public policy unfairness today (e.g. miseducation trauma, stolen property trauma, medical neglect trauma, housing discrimination trauma, mass incarceration trauma, unemployment discrimination trauma, ;

(ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of federal public policy unfairness or that was caused by the death of the decedent from federal public policy unfairness; and

(iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of federal public policy unfairness, and federal failures to protect American Descendants of Slavery from state policies which harmed and led to injuries of American Descendants of Slavery.

(e) TORT/COMPENSATORY RESTITUTIONS. —The form developed shall have options for all victims to identify they have been injured as a result of these traumas—

(i) miseducation trauma,

 

(ii) stolen property trauma,

 

(iii) medical neglect trauma,

 

(iv) housing discrimination trauma,

 

(v) mass incarceration trauma,

(vi) unemployment discrimination trauma

 

(vii) stolen inheritance trauma

 

(viii) police terrorism trauma

(viiii) race related riots

(f) TORT/COMPENSATORY RESTITUTIONS OPTIONS. —The form developed shall have selective option packages for all victims who are applying tort/compensatory restitutions combo packages for victims compensation ( each victim can claim one option) —

(a) Option 1 - $151.9 million direct cash compensation 

(b) Option 2 - 40 acres ($75k value) and a Tesla ($37, 990 - $99, 990 value) and the remaining balance in direct cash compensation 

(c) Option 40 acres ($75k value) and a Tesla ($37, 990 - $99, 990 value), home purchasing (up to $1,000,000 in value), and the remaining balance in direct cash compensation 

(g) REHABILITATIVE RESTITUTIONS. —The form developed shall have options for all victims to identify if they will be renouncing US citizenship or maintaining dual citizenship status. —

(i) RELOCATION TO FREEDMEN SETTLEMENTS. —The form developed shall have options for all victims to identify if they will be relocating to Freedmen Settlements. —

(h) REHABILITATIVE RESTITUTIONS INJURY CLAIM. —The form developed shall have options for all victims to identify the reason they are making a rehabilitative restitution claim —

(a) communal trauma wound 


(i) REHABILITATIVE RESTITUTIONS OPTIONS.  —The form developed shall have cumulative option packages for all victims who are applying for rehabilitative restitutions combo packages as a part of their victims compensation claim (each victim can claim all options) —


(i) Mandates federal government oversight to State Department of Motor Vehicles, thus ensuring American Descendants of Slavery (ADOS) have an option of sealed driver's licenses  to publicly designate their protective class status.


(ii) removed
 

(iii) Federal paid dental insurance 
 

(iv) Federal paid medical insurance 
 

(v) New federal law enforcement department tasked with special American Descendants of Slavery (ADOS) protection duties 

(j) OPTIONS FOR PUNITIVE DAMAGES. —The form developed shall have options for American Descendants of Slavery only victims to make claims for punitive damages.

(k) AMERICAN DESCENDANT OF SLAVERY (ADOS) QUALIFICATIONS. —The form developed shall have options for all ADOS victims to submit documentation in accordance with the Dr. William Darity Junior and Kirsten Mullen rules of qualification.

(l) BLACK QUALIFICATIONS. —The form developed will require all who identify as Black, or Africans American to submit documentation for qualification in accordance with the Dr. William Darity Junior and Kirsten Mullen rules of qualification.

(m) AFRICAN AMERICAN QUALIFICATIONS. —The form developed will require all who identify as Black, or Africans American to submit documentation for qualification in accordance with the Dr. William Darity Junior and Kirsten Mullen rules of qualification.

(n) DISQUALIFIED FROM APPROVAL. — The form developed shall be designed to ensure all individuals who identify as Indigenous, Native American, Indian, or Immigrant will be disqualified from being awarded funds or protections under this law. 

(o) LIMITATION.—No claim may be filed after the date that is 2 years after the end of the eligibility period.​

(p) DETERMINATION.—A determination under this subsection shall be capable of appeal in accordance with a fair and justice appeals process as established by the Department of Interior Secretary.

(q) RIGHTS OF CLAIMANT.—A claimant in a review shall have—

(i) the right to be represented by an attorney or other representative;

(ii) the right to present evidence, including the presentation of witnesses and documents; and

(ii) any other due process rights determined appropriate by the Department of Interior Secretary.

(r) PUNITIVE DAMAGES.—The Department of Interior Secretary will include amounts for punitive damages in any restitutions paid under a claim under this Act.

(s) COLLATERAL COMPENSATION.—The Department of Interior Secretary shall not reduce the amount of compensation determined by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from injury.

(t) LIMITATIONS ON CLAIMS.—Noneconomic losses shall have no limit. 

SEC ____.THIS IS A SETTLEMENT.

This act authorizes a settlement between harmed American Descendants of Slavery and the United States of America.