Us Congress 2025-2026 Regular Session

Us Congress House Bill HB40 Latest Draft

Bill / Introduced Version Filed 01/29/2025

                            I 
119THCONGRESS 
1
STSESSION H. R. 40 
To address the fundamental injustice, cruelty, brutality, and inhumanity of 
slavery in the United States and the 13 American colonies between 
1619 and 1865 and to establish a commission to study and consider 
a national apology and proposal for reparations for the institution of 
slavery, its subsequent de jure and de facto racial and economic discrimi-
nation against African Americans, and the impact of these forces on 
living African Americans, to make recommendations to the Congress 
on appropriate remedies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY3, 2025 
Ms. P
RESSLEYintroduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To address the fundamental injustice, cruelty, brutality, and 
inhumanity of slavery in the United States and the 13 
American colonies between 1619 and 1865 and to estab-
lish a commission to study and consider a national apol-
ogy and proposal for reparations for the institution of 
slavery, its subsequent de jure and de facto racial and 
economic discrimination against African Americans, and 
the impact of these forces on living African Americans, 
to make recommendations to the Congress on appro-
priate remedies, and for other purposes. 
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Commission to Study 4
and Develop Reparation Proposals for African Americans 5
Act’’. 6
SEC. 2. FINDINGS AND PURPOSE. 7
(a) F
INDINGS.—The Congress finds that— 8
(1) approximately 4,000,000 Africans and their 9
descendants were enslaved in the United States and 10
colonies that became the United States from 1619 to 11
1865; 12
(2) the institution of slavery was constitu-13
tionally and statutorily sanctioned by the Govern-14
ment of the United States from 1789 through 1865; 15
(3) the slavery that flourished in the United 16
States constituted an immoral and inhumane depri-17
vation of Africans’ life, liberty, African citizenship 18
rights, and cultural heritage, and denied them the 19
fruits of their own labor; 20
(4) a preponderance of scholarly, legal, commu-21
nity evidentiary documentation and popular culture 22
markers constitute the basis for inquiry into the on- 23
going effects of the institution of slavery and its leg-24
acy of persistent systemic structures of discrimina-25
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tion on living African Americans and society in the 1
United States; 2
(5) the brutal overthrow of Reconstruction, 3
which represented a significant but constrained mo-4
ment of advances for Black rights as epitomized by 5
the 13th, 14th, and 15th Amendments to the Con-6
stitution, the Civil Rights Acts of 1866 and 1875 7
and the Freedman’s Bureau, failed African Ameri-8
cans by failing to ensure their safety and security; 9
(6) following the abolition of slavery and end of 10
Reconstruction the United States Government, 11
through laws enacted at the Federal, State, and 12
local level, continued to perpetuate, condone and 13
profit from practices that continued to brutalize and 14
disadvantage African Americans, including share 15
cropping, convict leasing, Jim Crow, redlining, un-16
equal education, and disproportionate treatment at 17
the hands of the criminal justice system, resulting in 18
stolen labor and ultimately forestalling landmark 19
contributions in science, arts, commerce and public 20
service; 21
(7) the civil rights movement, and other efforts 22
to redress grievances arising from systemic inequi-23
ties, were sabotaged, both intentionally and uninten-24
tionally, thus rendering the accomplishments of 25
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those efforts transitory and unsustainable, and fur-1
ther embedding racial inequality in society; 2
(8) examples of discriminatory Federal Govern-3
ment actions directed against African Americans in-4
clude— 5
(A) the creation of the Federal Housing 6
Administration, which adopted specific policies 7
designed to incentivize residential segregation; 8
(B) the enactment of legislation creating 9
the Social Security program, for which most Af-10
rican Americans were purposely rendered ineli-11
gible during its first two decades; 12
(C) the Servicemen’s Readjustment Act of 13
1944 (commonly known as the GI Bill of 14
Rights; 58 Stat. 284, chapter 268), which left 15
administration of its programs to the States, 16
thus enabling discrimination against African- 17
American veterans; and 18
(D) the Fair Labor Standards Act of 19
1938, which allowed labor unions to discrimi-20
nate based on race; and 21
(9) as a result of the historic and continued dis-22
crimination, African Americans continue to suffer 23
debilitating economic, educational, and health hard-24
ships including but not limited to having nearly 25
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1,000,000 Black people incarcerated; an unemploy-1
ment rate more than twice the current White unem-2
ployment rate; and an average of less than 
1
⁄16of 3
the wealth of White families, a disparity which has 4
worsened, not improved over time. 5
(b) P
URPOSE.—The purpose of this Act is to estab-6
lish a commission to study and develop Reparation pro-7
posals for African Americans as a result of— 8
(1) the institution of slavery, including both the 9
Trans-Atlantic and the domestic ‘‘trade’’ which ex-10
isted from 1565 in colonial Florida and from 1619 11
through 1865 within the other colonies that became 12
the United States, and which included the Federal 13
and State governments which constitutionally and 14
statutorily supported the institution of slavery; 15
(2) the de jure and de facto discrimination 16
against freed slaves and their descendants from the 17
end of the Civil War to the present, including eco-18
nomic, political, educational, and social discrimina-19
tion; 20
(3) the lingering negative effects of the institu-21
tion of slavery and the discrimination described in 22
paragraphs (1) and (2) on living African Americans 23
and on society in the United States; 24
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(4) the manner in which textual and digital in-1
structional resources and technologies are being used 2
to deny the inhumanity of slavery and the crime 3
against humanity of people of African descent in the 4
United States; 5
(5) the role of Northern complicity in the 6
Southern based institution of slavery; 7
(6) the direct benefits to societal institutions, 8
public and private, including higher education, cor-9
porations, religious, and associational; 10
(7) and thus, recommend appropriate ways to 11
educate the American public of the Commission’s 12
findings to advance racial healing, understanding, 13
and transformation; 14
(8) and thus, recommend appropriate remedies 15
in consideration of the Commission’s findings on the 16
matters described in paragraphs (1) through (7); 17
and 18
(9) submit to the Congress the results of such 19
examination, together with such recommendations. 20
SEC. 3. ESTABLISHMENT AND DUTIES. 21
(a) E
STABLISHMENT.—There is established in the 22
legislative branch the Commission to Study and Develop 23
Reparation Proposals for African Americans (hereinafter 24
in this Act referred to as the ‘‘Commission’’). 25
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(b) DUTIES.—The Commission shall perform the fol-1
lowing duties: 2
(1) Identify, compile, and synthesize the rel-3
evant corpus of evidentiary documentation of the in-4
stitution of slavery which existed within the United 5
States and the colonies that became the United 6
States from 1619 through 1865. The Commission’s 7
documentation and examination shall include facts 8
related to— 9
(A) the capture and procurement of Afri-10
cans; 11
(B) the transport of Africans to the United 12
States and the colonies that became the United 13
States for the purpose of enslavement, including 14
their treatment during transport; 15
(C) the sale and acquisition of Africans 16
and their descendants as chattel property in 17
interstate and intrastate commerce; 18
(D) the treatment of African slaves and 19
their descendants in the colonies and the 20
United States, including the deprivation of their 21
freedom, exploitation of their labor, and de-22
struction of their culture, language, religion, 23
and families; and 24
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(E) the extensive denial of humanity, sex-1
ual abuse, and the chatellization of persons. 2
(2) Study and analyze the role which the Fed-3
eral and State governments of the United States 4
supported the institution of slavery in constitutional 5
and statutory provisions, including the extent to 6
which such governments prevented, opposed, or re-7
stricted efforts of formerly enslaved Africans and 8
their descendants to repatriate to their homeland. 9
(3) Study and analyze the effects of laws en-10
acted by the Federal Government and State govern-11
ments with discriminatory intent or discriminatory 12
effect on the formerly enslaved Africans and their 13
descendants following the overdue recognition of 14
such persons as United States citizens beginning in 15
1868. 16
(4) Study and analyze the other forms of dis-17
crimination in the public and private sectors against 18
freed African slaves and their descendants who were 19
belatedly accorded their rightful status as United 20
States citizens from 1868 to the present, including 21
redlining, educational funding discrepancies, and 22
predatory financial practices. 23
(5) Study and analyze the lingering negative ef-24
fects of the institution of slavery and the matters de-25
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scribed in paragraphs (1) through (7) of section 2(b) 1
on living African Americans and on society in the 2
United States. 3
(6) Recommend appropriate ways to educate 4
the American public of the Commission’s findings to 5
advance racial healing, understanding, and trans-6
formation. 7
(7) Recommend appropriate remedies in consid-8
eration of the Commission’s findings on the matters 9
described in paragraphs (1), (2), (3), (4), (5), and 10
(6). In making such recommendations, the Commis-11
sion shall address, among other issues, the following 12
questions: 13
(A) How such recommendations comport 14
with international standards of remedy for 15
wrongs and injuries caused by the State, that 16
include full reparations and special measures, 17
as understood by various relevant international 18
protocols, laws, and findings. 19
(B) How the Government of the United 20
States will offer a formal apology on behalf of 21
the people of the United States for the per-22
petration of gross human rights violations and 23
crimes against humanity on African slaves and 24
their descendants. 25
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(C) How Federal laws and policies that 1
continue to disproportionately and negatively 2
affect African Americans as a group, and those 3
that perpetuate the lingering effects, materially 4
and psycho-social, can be eliminated. 5
(D) How the injuries resulting from mat-6
ters described in paragraphs (1), (2), (3), (4), 7
(5), and (6) can be reversed and provide appro-8
priate policies, programs, projects, and rec-9
ommendations for the purpose of reversing the 10
injuries. 11
(E) How, in consideration of the Commis-12
sion’s findings, any form of compensation to the 13
descendants of enslaved Africans is calculated. 14
(F) What form of compensation should be 15
awarded, through what instrumentalities, and 16
who should be eligible for such compensation. 17
(G) How, in consideration of the Commis-18
sion’s finding, what forms of satisfaction, in ad-19
dition to apology, should be implemented in an 20
effort toward return of dignity and racial heal-21
ing, and reconciliation. 22
(H) How, in consideration of the Commis-23
sion’s findings, any other forms of rehabilita-24
tion or restitution to African descendants is 25
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warranted and what the form and scope of 1
those measures should take. 2
(c) R
EPORT TOCONGRESS.—The Commission shall 3
submit a written report of its findings and recommenda-4
tions to the Congress not later than the date which is 18 5
months after the date of the first meeting of the full Com-6
mission held pursuant to section 4(f). 7
SEC. 4. MEMBERSHIP. 8
(a) N
UMBER ANDAPPOINTMENT.— 9
(1) M
EMBERSHIP.—The Commission shall be 10
composed of 15 members, who shall be appointed as 11
follows: 12
(A) P
OLITICALLY APPOINTED MEMBERS .— 13
Not later than 60 days after the date of enact-14
ment of this Act: 15
(i) Three members shall be appointed 16
by the President. 17
(ii) Three members shall be appointed 18
by the Speaker of the House of Represent-19
atives, in consultation with the committee 20
of jurisdiction of the House. 21
(iii) Three members shall be ap-22
pointed by the President pro tempore of 23
the Senate, in consultation with the com-24
mittee of jurisdiction of the Senate. 25
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(B) SUBJECT MATTER EXPERTS .—Not 1
later than 60 days after the appointment of the 2
Director under section 6(a), six members, who 3
shall be individuals appointed by the Director, 4
and approved by a majority of the members ap-5
pointed under subparagraph (A). Such individ-6
uals shall be from the major civil society and 7
reparations organizations that have historically 8
championed the cause of reparatory justice. 9
(2) Q
UALIFICATIONS.—All members of the 10
Commission shall be persons who are especially 11
qualified to serve on the Commission by virtue of 12
their education, training, activism or experience, 13
particularly in the field of African-American studies 14
and reparatory justice. 15
(3) L
IMITATION.—No person who is a member 16
of Congress or an officer or employee of the Federal 17
Government or any State or local government may 18
serve as a member of the Commission. 19
(b) T
ERMS.—The term of office for members shall 20
be for the life of the Commission. A vacancy in the Com-21
mission shall not affect the powers of the Commission and 22
shall be filled in the same manner in which the original 23
appointment was made. 24
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(c) QUORUM.—Seven members of the Commission 1
shall constitute a quorum, but a lesser number may hold 2
hearings. 3
(d) V
ACANCIES.—Any vacancy on the Commission 4
shall— 5
(1) not affect the powers of the Commission; 6
and 7
(2) be filled in the same manner in which the 8
original appointment was made. 9
(e) C
HAIR ANDVICE-CHAIR.—There shall be a Chair 10
and a Vice Chair of the Commission selected jointly by 11
the majority leader of the Senate and the Speaker of the 12
House of Representatives, in consultation with the com-13
mittees of jurisdiction. The term of office of each shall 14
be for the life of the Commission. 15
(f) I
NITIALMEETING OFFULLCOMMISSION.—The 16
Chair shall call an initial meeting of the full Commission 17
not later than 45 days after the appointment of all mem-18
bers under subsection (a)(1)(B). 19
SEC. 5. POWERS OF THE COMMISSION. 20
(a) H
EARINGS AND EVIDENCE.—The Commission 21
may, for purposes of carrying out this Act— 22
(1) hold hearings, sit and act at times and 23
places, take testimony, receive evidence, and admin-24
ister oaths; and 25
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(2) require, by subpoena or otherwise, the at-1
tendance and testimony of witnesses and the produc-2
tion of books, records, correspondence, memoranda, 3
papers, and documents. 4
(b) S
UBPOENAS.— 5
(1) S
ERVICE.—Subpoenas issued under this 6
section may be served by any person designated by 7
the Commission. 8
(2) E
NFORCEMENT.— 9
(A) I
N GENERAL.—In the case of contu-10
macy or failure to obey a subpoena issued 11
under this section, the United States district 12
court for the judicial district in which the sub-13
poenaed person resides, is served, or may be 14
found, or where the subpoena is returnable, 15
may issue an order requiring such person to ap-16
pear at any designated place to testify or to 17
produce documentary or other evidence. Any 18
failure to obey the order of the court may be 19
punished by the court as a contempt of that 20
court. 21
(B) A
DDITIONAL ENFORCEMENT .—Sec-22
tions 102 through 104 of the Revised Statutes 23
of the United States (2 U.S.C. 192 through 24
194) shall apply in the case of any failure of 25
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any witness to comply with any subpoena or to 1
testify when summoned under the authority of 2
this section. 3
(C) I
SSUANCE.—A subpoena may be issued 4
under this section only— 5
(i) by the agreement of the Chair and 6
the Vice Chair; or 7
(ii) by the affirmative vote of a major-8
ity of the Commission, a majority being 9
present. 10
(c) C
ONTRACTING.—To the extent or in amounts pro-11
vided in Appropriations acts, and subject to the applicable 12
laws and regulations, the Commission may enter into con-13
tracts with government entities, private entities, or per-14
sons for goods or services, including for conducting re-15
search or surveys, the preparation of reports, and other 16
activities necessary for the discharge of the duties of the 17
Commission. 18
(d) I
NFORMATIONFROMFEDERALAGENCIES AND 19
O
THERENTITIES.—The Commission may secure directly 20
from any department, agency, bureau, board, commission, 21
office, independent establishment, or instrumentality of 22
the United States any information related to any inquiry 23
of the Commission conducted under this Act, including in-24
formation of a confidential nature (which the Commission 25
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shall maintain in a secure manner). Each such depart-1
ment, agency, bureau, board, commission, office, inde-2
pendent establishment, or instrumentality shall furnish 3
such information directly to the Commission upon request. 4
(e) A
DMINISTRATIVE SUPPORTSERVICES.—Upon 5
the request of the Commission— 6
(1) the Administrator of General Services shall 7
provide to the Commission, on a reimbursable basis, 8
the administrative support services necessary for the 9
Commission to carry out its responsibilities under 10
this Act; and 11
(2) other Federal departments and agencies 12
may pro vide to the Commission any administrative 13
support services as may be determined by the head 14
of such department or agency to be advisable and 15
authorized by law. 16
(f) D
ONATIONS OF GOODS AND SERVICES.—The 17
Commission may accept, use, and dispose of gifts or dona-18
tions of services or property. 19
(g) P
OSTALSERVICES.—The Commission may use 20
the United States mails in the same manner and under 21
the same conditions as departments and agencies of the 22
United States. 23
(h) P
OWERS OFSUBCOMMITTEES, MEMBERS, AND 24
A
GENTS.—Any subcommittee, member, or agent of the 25
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Commission may, if authorized by the Commission, take 1
any action which the Commission is authorized to take by 2
this section. 3
SEC. 6. ADMINISTRATIVE PROVISIONS. 4
(a) D
IRECTOR.—The Commission shall have a Direc-5
tor who shall be, not later than 60 days after the appoint-6
ment of all members appointed under section 4(a)(1)(A), 7
jointly selected by the Chair and Vice Chair, subject to 8
approval by a majority vote of such members. 9
(b) S
TAFF.—The Chair and the Vice Chair may joint-10
ly appoint additional personnel, as may be necessary, to 11
enable the Commission to carry out its functions. 12
(c) A
PPLICABILITY OF CERTAINCIVILSERVICE 13
L
AWS.—The Director and staff of the Commission may 14
be appointed without regard to the provisions of title 5, 15
United States Code, governing appointments in the com-16
petitive service, and may be paid with out regard to the 17
provisions of chapter 51 and subchapter III of chapter 53 18
of such title relating to classification and General Schedule 19
pay rates, except that no rate of pay fixed under this para-20
graph may exceed the equivalent of that payable for a po-21
sition at level V of the Executive Schedule under section 22
5316 of title 5, United States Code. Any individual ap-23
pointed under this section shall be treated as an employee 24
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for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 1
89B, and 90 of that title. 2
(d) D
ETAILEES.—Any Federal Government employee 3
may be detailed to the Commission without reimbursement 4
from the Commission, and such detailee shall retain the 5
rights, status, and privileges of his or her regular employ-6
ment without interruption. 7
(e) C
ONSULTANTSERVICES.—The Commission is au-8
thorized to procure the services of experts and consultants 9
in accordance with section 3109 of title 5, United States 10
Code, but at rates not to exceed the daily rate paid a per-11
son occupying a position at level IV of the Executive 12
Schedule under section 5315 of title 5, United States 13
Code. 14
(f) C
OMPENSATION AND TRAVELEXPENSES.— 15
(1) C
OMPENSATION.—Each member of the 16
Commission may be compensated at a rate not to 17
exceed the daily equivalent of the annual rate of 18
basic pay in effect for a position at level IV of the 19
Executive Schedule under section 5315 of title 5, 20
United States Code, for each day during which that 21
member is engaged in the actual performance of the 22
duties of the Commission. 23
(2) T
RAVEL EXPENSES .—While away from 24
their homes or regular places of business in the per-25
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formance of services for the Commission, members 1
of the Commission shall be allowed travel expenses, 2
including per diem in lieu of subsistence, in the 3
same manner as persons employed intermittently in 4
the Government service are allowed expenses under 5
section 5703(b) of title 5, United States Code. 6
(g) N
ONAPPLICABILITY OF FEDERALADVISORY 7
C
OMMITTEEACT.—The Federal Advisory Committee Act 8
(5 U.S.C. App.) shall not apply to the Commission. 9
SEC. 7. TERMINATION. 10
The Commission shall terminate 90 days after the 11
date on which the Commission submits its report to the 12
Congress under section 3(c). 13
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 14
To carry out the provisions of this Act, there are au-15
thorized to be appropriated $20,000,000. 16
Æ 
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