119-hr40

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 40 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 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 discrimination 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

 January 3, 2025

 Ms. Pressley introduced 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 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 discrimination 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.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Commission to Study and Develop 
Reparation Proposals for African Americans Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) 

=== Findings ===
-The Congress finds that--

    (1) approximately 4,000,000 Africans and their descendants 
 were enslaved in the United States and colonies that became the 
 United States from 1619 to 1865;

    (2) the institution of slavery was constitutionally and 
 statutorily sanctioned by the Government of the United States 
 from 1789 through 1865;

    (3) the slavery that flourished in the United States 
 constituted an immoral and inhumane deprivation of Africans' 
 life, liberty, African citizenship rights, and cultural 
 heritage, and denied them the fruits of their own labor;

    (4) a preponderance of scholarly, legal, community 
 evidentiary documentation and popular culture markers 
 constitute the basis for inquiry into the on-going effects of 
 the institution of slavery and its legacy of persistent 
 systemic structures of discrimination on living African 
 Americans and society in the United States;

    (5) the brutal overthrow of Reconstruction, which 
 represented a significant but constrained moment of advances 
 for Black rights as epitomized by the 13th, 14th, and 15th 
 Amendments to the Constitution, the Civil Rights Acts of 1866 
 and 1875 and the Freedman's Bureau, failed African Americans by 
 failing to ensure their safety and security;

    (6) following the abolition of slavery and end of 
 Reconstruction the United States Government, through laws 
 enacted at the Federal, State, and local level, continued to 
 perpetuate, condone and profit from practices that continued to 
 brutalize and disadvantage African Americans, including share 
 cropping, convict leasing, Jim Crow, redlining, unequal 
 education, and disproportionate treatment at the hands of the 
 criminal justice system, resulting in stolen labor and 
 ultimately forestalling landmark contributions in science, 
 arts, commerce and public service;

    (7) the civil rights movement, and other efforts to redress 
 grievances arising from systemic inequities, were sabotaged, 
 both intentionally and unintentionally, thus rendering the 
 accomplishments of those efforts transitory and unsustainable, 
 and further embedding racial inequality in society;

    (8) examples of discriminatory Federal Government actions 
 directed against African Americans include--
        (A) the creation of the Federal Housing 
 Administration, which adopted specific policies 
 designed to incentivize residential segregation;
        (B) the enactment of legislation creating the 
 Social Security program, for which most African 
 Americans were purposely rendered ineligible during its 
 first two decades;
            (C) the Servicemen's Readjustment Act of 1944 
 (commonly known as the GI Bill of Rights; 58 Stat. 284, 
 chapter 268), which left administration of its programs 
 to the States, thus enabling discrimination against 
 African-American veterans; and
            (D) the Fair Labor Standards Act of 1938, which 
 allowed labor unions to discriminate based on race; and

    (9) as a result of the historic and continued 
 discrimination, African Americans continue to suffer 
 debilitating economic, educational, and health hardships 
 including but not limited to having nearly 1,000,000 Black 
 people incarcerated; an unemployment rate more than twice the 
 current White unemployment rate; and an average of less than 
 \1/16\ of the wealth of White families, a disparity which has 
 worsened, not improved over time.

    (b) 

=== Purpose ===
-The purpose of this Act is to establish a commission 
to study and develop Reparation proposals for African Americans as a 
result of--

    (1) the institution of slavery, including both the Trans-
 Atlantic and the domestic ``trade'' which existed from 1565 in 
 colonial Florida and from 1619 through 1865 within the other 
 colonies that became the United States, and which included the 
 Federal and State governments which constitutionally and 
 statutorily supported the institution of slavery;

    (2) the de jure and de facto discrimination against freed 
 slaves and their descendants from the end of the Civil War to 
 the present, including economic, political, educational, and 
 social discrimination;

    (3) the lingering negative effects of the institution of 
 slavery and the discrimination described in paragraphs

    (1) and

    (2) on living African Americans and on society in the United 
 States;

    (4) the manner in which textual and digital instructional 
 resources and technologies are being used to deny the 
 inhumanity of slavery and the crime against humanity of people 
 of African descent in the United States;

    (5) the role of Northern complicity in the Southern based 
 institution of slavery;

    (6) the direct benefits to societal institutions, public 
 and private, including higher education, corporations, 
 religious, and associational;

    (7) and thus, recommend appropriate ways to educate the 
 American public of the Commission's findings to advance racial 
 healing, understanding, and transformation;

    (8) and thus, recommend appropriate remedies in 
 consideration of the Commission's findings on the matters 
 described in paragraphs

    (1) through

    (7) ; and

    (9) submit to the Congress the results of such examination, 
 together with such recommendations.

SEC. 3. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established in the legislative branch 
the Commission to Study and Develop Reparation Proposals for African 
Americans (hereinafter in this Act referred to as the ``Commission'').

    (b) Duties.--The Commission shall perform the following duties:

    (1) Identify, compile, and synthesize the relevant corpus 
 of evidentiary documentation of the institution of slavery 
 which existed within the United States and the colonies that 
 became the United States from 1619 through 1865. The 
 Commission's documentation and examination shall include facts 
 related to--
        (A) the capture and procurement of Africans;
        (B) the transport of Africans to the United States 
 and the colonies that became the United States for the 
 purpose of enslavement, including their treatment 
 during transport;
            (C) the sale and acquisition of Africans and their 
 descendants as chattel property in interstate and 
 intrastate commerce;
            (D) the treatment of African slaves and their 
 descendants in the colonies and the United States, 
 including the deprivation of their freedom, 
 exploitation of their labor, and destruction of their 
 culture, language, religion, and families; and
        (E) the extensive denial of humanity, sexual abuse, 
 and the chatellization of persons.

    (2) Study and analyze the role which the Federal and State 
 governments of the United States supported the institution of 
 slavery in constitutional and statutory provisions, including 
 the extent to which such governments prevented, opposed, or 
 restricted efforts of formerly enslaved Africans and their 
 descendants to repatriate to their homeland.

    (3) Study and analyze the effects of laws enacted by the 
 Federal Government and State governments with discriminatory 
 intent or discriminatory effect on the formerly enslaved 
 Africans and their descendants following the overdue 
 recognition of such persons as United States citizens beginning 
 in 1868.

    (4) Study and analyze the other forms of discrimination in 
 the public and private sectors against freed African slaves and 
 their descendants who were belatedly accorded their rightful 
 status as United States citizens from 1868 to the present, 
 including redlining, educational funding discrepancies, and 
 predatory financial practices.

    (5) Study and analyze the lingering negative effects of the 
 institution of slavery and the matters described in paragraphs

    (1) through

    (7) of 

section 2

    (b) on living African Americans and 
 on society in the United States.

    (6) Recommend appropriate ways to educate the American 
 public of the Commission's findings to advance racial healing, 
 understanding, and transformation.

    (7) Recommend appropriate remedies in consideration of the 
 Commission's findings on the matters described in paragraphs

    (1) ,

    (2) ,

    (3) ,

    (4) ,

    (5) , and

    (6) . In making such 
 recommendations, the Commission shall address, among other 
 issues, the following questions:
        (A) How such recommendations comport with 
 international standards of remedy for wrongs and 
 injuries caused by the State, that include full 
 reparations and special measures, as understood by 
 various relevant international protocols, laws, and 
 findings.
        (B) How the Government of the United States will 
 offer a formal apology on behalf of the people of the 
 United States for the perpetration of gross human 
 rights violations and crimes against humanity on 
 African slaves and their descendants.
            (C) How Federal laws and policies that continue to 
 disproportionately and negatively affect African 
 Americans as a group, and those that perpetuate the 
 lingering effects, materially and psycho-social, can be 
 eliminated.
            (D) How the injuries resulting from matters 
 described in paragraphs

    (1) ,

    (2) ,

    (3) ,

    (4) ,

    (5) , and

    (6) can be reversed and provide appropriate policies, 
 programs, projects, and recommendations for the purpose 
 of reversing the injuries.
        (E) How, in consideration of the Commission's 
 findings, any form of compensation to the descendants 
 of enslaved Africans is calculated.
        (F) What form of compensation should be awarded, 
 through what instrumentalities, and who should be 
 eligible for such compensation.
        (G) How, in consideration of the Commission's 
 finding, what forms of satisfaction, in addition to 
 apology, should be implemented in an effort toward 
 return of dignity and racial healing, and 
 reconciliation.
        (H) How, in consideration of the Commission's 
 findings, any other forms of rehabilitation or 
 restitution to African descendants is warranted and 
 what the form and scope of those measures should take.
            (c) Report to Congress.--The Commission shall submit a written 
report of its findings and recommendations to the Congress not later 
than the date which is 18 months after the date of the first meeting of 
the full Commission held pursuant to 

section 4

    (f) .

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--

    (1) Membership.--The Commission shall be composed of 15 
 members, who shall be appointed as follows:
        (A) Politically appointed members.--Not later than 
 60 days after the date of enactment of this Act:
            (i) Three members shall be appointed by the 
 President.
            (ii) Three members shall be appointed by 
 the Speaker of the House of Representatives, in 
 consultation with the committee of jurisdiction 
 of the House.
            (iii) Three members shall be appointed by 
 the President pro tempore of the Senate, in 
 consultation with the committee of jurisdiction 
 of the Senate.
        (B) Subject matter experts.--Not later than 60 days 
 after the appointment of the Director under 

section 6

    (a) , six members, who shall be individuals appointed 
 by the Director, and approved by a majority of the 
 members appointed under subparagraph
        (A) . Such 
 individuals shall be from the major civil society and 
 reparations organizations that have historically 
 championed the cause of reparatory justice.

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

    (3) Limitation.--No person who is a member of Congress or 
 an officer or employee of the Federal Government or any State 
 or local government may serve as a member of the Commission.

    (b) Terms.--The term of office for members shall be for the life of 
the Commission. A vacancy in the Commission shall not affect the powers 
of the Commission and shall be filled in the same manner in which the 
original appointment was made.
            (c) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
            (d) Vacancies.--Any vacancy on the Commission shall--

    (1) not affect the powers of the Commission; and

    (2) be filled in the same manner in which the original 
 appointment was made.

    (e) Chair and Vice-Chair.--There shall be a Chair and a Vice Chair 
of the Commission selected jointly by the majority leader of the Senate 
and the Speaker of the House of Representatives, in consultation with 
the committees of jurisdiction. The term of office of each shall be for 
the life of the Commission.

    (f) Initial Meeting of Full Commission.--The Chair shall call an 
initial meeting of the full Commission not later than 45 days after the 
appointment of all members under subsection

    (a)

    (1)
        (B) .

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for purposes of 
carrying out this Act--

    (1) hold hearings, sit and act at times and places, take 
 testimony, receive evidence, and administer oaths; and

    (2) require, by subpoena or otherwise, the attendance and 
 testimony of witnesses and the production of books, records, 
 correspondence, memoranda, papers, and documents.

    (b) Subpoenas.--

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

    (2) Enforcement.--
        (A) In general.--In the case of contumacy or 
 failure to obey a subpoena issued under this section, 
 the United States district court for the judicial 
 district in which the subpoenaed person resides, is 
 served, or may be found, or where the subpoena is 
 returnable, may issue an order requiring such person to 
 appear at any designated place to testify or to produce 
 documentary or other evidence. Any failure to obey the 
 order of the court may be punished by the court as a 
 contempt of that court.
        (B) Additional enforcement.--Sections 102 through 
 104 of the Revised Statutes of the United States (2 
 U.S.C. 192 through 194) shall apply in the case of any 
 failure of any witness to comply with any subpoena or 
 to testify when summoned under the authority of this 
 section.
            (C) Issuance.--A subpoena may be issued under this 
 section only--
            (i) by the agreement of the Chair and the 
 Vice Chair; or
            (ii) by the affirmative vote of a majority 
 of the Commission, a majority being present.
            (c) Contracting.--To the extent or in amounts provided in 
Appropriations acts, and subject to the applicable laws and 
regulations, the Commission may enter into contracts with government 
entities, private entities, or persons for goods or services, including 
for conducting research or surveys, the preparation of reports, and 
other activities necessary for the discharge of the duties of the 
Commission.
            (d) Information From Federal Agencies and Other Entities.--The 
Commission may secure directly from any department, agency, bureau, 
board, commission, office, independent establishment, or 
instrumentality of the United States any information related to any 
inquiry of the Commission conducted under this Act, including 
information of a confidential nature (which the Commission shall 
maintain in a secure manner). Each such department, agency, bureau, 
board, commission, office, independent establishment, or 
instrumentality shall furnish such information directly to the 
Commission upon request.

    (e) Administrative Support Services.--Upon the request of the 
Commission--

    (1) the Administrator of General Services shall provide to 
 the Commission, on a reimbursable basis, the administrative 
 support services necessary for the Commission to carry out its 
 responsibilities under this Act; and

    (2) other Federal departments and agencies may pro vide to 
 the Commission any administrative support services as may be 
 determined by the head of such department or agency to be 
 advisable and authorized by law.

    (f) Donations of Goods and Services.--The Commission may accept, 
use, and dispose of gifts or donations of services or property.

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

    (h) Powers of Subcommittees, Members, and Agents.--Any 
subcommittee, member, or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is authorized to 
take by this section.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Director.--The Commission shall have a Director who shall be, 
not later than 60 days after the appointment of all members appointed 
under 

section 4

    (a)

    (1)
        (A) , jointly selected by the Chair and Vice Chair, 
subject to approval by a majority vote of such members.

    (b) Staff.--The Chair and the Vice Chair may jointly appoint 
additional personnel, as may be necessary, to enable the Commission to 
carry out its functions.
            (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid with out regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
no rate of pay fixed under this paragraph may exceed the equivalent of 
that payable for a position at level V of the Executive Schedule under 

section 5316 of title 5, United States Code. Any individual appointed 
under this section shall be treated as an employee for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title.
            (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.

    (e) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with 

section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under 

section 5315 of title 5, United States Code.

    (f) Compensation and Travel Expenses.--

    (1) Compensation.--Each member of the Commission may be 
 compensated at a rate not to exceed the daily equivalent of the 
 annual rate of basic pay in effect for a position at level IV 
 of the Executive Schedule under 

section 5315 of title 5, United 
 States Code, for each day during which that member is engaged 
 in the actual performance of the duties of the Commission.

    (2) Travel expenses.--While away from their homes or 
 regular places of business in the performance of services for 
 the Commission, members of the Commission shall be allowed 
 travel expenses, including per diem in lieu of subsistence, in 
 the same manner as persons employed intermittently in the 
 Government service are allowed expenses under 

section 5703

    (b) of title 5, United States Code.

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

SEC. 7. TERMINATION.

 The Commission shall terminate 90 days after the date on which the 
Commission submits its report to the Congress under 

section 3
            (c) .

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

 To carry out the provisions of this Act, there are authorized to be 
appropriated $20,000,000.
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