H.R. 40 [Updated]

To address the fundamental institution of slavery in the United States and the 13 American colonies between 1619 and 1865, to establish a commission to study and propose remedies for correcting the misclassification and genealogical records of descendants of enslaved peoples, and to make recommendations for reparations and appropriate federal recognition for misclassified Indigenous-descended “Black Americans”, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

A BILL

To address the fundamental institution of slavery, to establish a commission to study and consider proposals for correcting the misclassification of so-called “Black” peoples and the genealogy of African American descendants of enslaved peoples, and to consider a reparations proposal, as well as federal recognition as a sovereign people for those with Indigenous ancestry.

SECTION 1. SHORT TITLE.

This Act may be cited as the "Commission to Study and Develop Proposals to Correct Misclassification and Reclaim Identity for Descendants of Enslaved Peoples 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 its colonies between 1619 and 1865.
2. The institution of slavery was sanctioned constitutionally and statutorily by the U.S. Government from 1789 through 1865, leading to severe deprivations of the freedom, culture, and economic potential of enslaved peoples and their descendants.
3. A significant number of individuals historically classified as “Black” have genealogical ties to Indigenous peoples, a connection that was erased by institutional misclassification by figures such as Walter Plecker and policies rooted in pseudoscientific racial hierarchies advocated by individuals like Ales Hrdlicka.
4. The systematic misclassification of African Americans with Indigenous roots through the “one-drop rule” and other racist policies stripped these individuals of their cultural and legal identity, denying them the recognition, rights, and sovereignty granted to other Indigenous peoples.
5. Many African Americans, especially those descended from enslaved people, face challenges in tracing their genealogy due to destroyed or altered historical records, hindering their ability to claim Indigenous or other complex heritages and access historical reparations or land rights.
6. The practice of racial classification by pseudoscientific means, such as through skull measurements and racial typologies, served to further reinforce systemic discrimination and denied African Americans the right to self-identify, connect to their roots, and seek reparations for past wrongs.
7. Examples of marginalized peoples reclaiming their sovereignty and cultural identity, such as Native Hawaiians and Aboriginal Australians, demonstrate the importance and feasibility of federal recognition for those who were misclassified. These groups have successfully pursued legal and cultural recognition, providing a framework for African Americans with Indigenous roots to do the same.
8. The reclassification of African Americans to correct historical injustices should include assistance in tracing genealogical ties, particularly for those with mixed African and Indigenous ancestry, and provide the option for federal recognition as Aboriginal Americans.
    

SEC. 3. PURPOSE.

The purpose of this Act is to establish a commission to study and develop proposals to:

1. Correct the misclassification of African American descendants of enslaved peoples, particularly those with Indigenous ancestry, and provide a process for individuals to reclaim their identity as Aboriginal Americans with federal recognition.
2. Investigate and document the role of federal and state governments in promoting policies of racial misclassification and erasure, and the impact these policies have had on the cultural and economic standing of African Americans and their descendants.
3. Propose methods for providing genealogical support and records restoration to assist descendants of enslaved peoples in tracing their family heritage and cultural identity, with a focus on recovering lost or destroyed records of Indigenous ancestry.
4. Address reparations for the institution of slavery and the subsequent economic, social, and political discrimination experienced by African Americans, and develop appropriate proposals for compensation, which may include financial reparations, educational programs, land rights, and cultural preservation initiatives.
5. Investigate the continued impact of slavery, Jim Crow laws, redlining, mass incarceration, and other discriminatory practices on the economic, social, and health outcomes of African Americans today, and propose measures to correct these ongoing disparities.
    

SEC. 4. ESTABLISHMENT AND DUTIES OF THE COMMISSION.

(a) Establishment of the Commission: There is established in the legislative branch the "Commission to Correct Misclassification and Develop Proposals for Sovereignty and Reparations for Descendants of Enslaved Peoples" (referred to in this Act as the "Commission").

(b) Duties of the Commission: The Commission shall:

1. Investigate the legal, historical, and scientific bases for the racial classification systems used in the U.S., particularly the role of key figures like Walter Plecker and Ales Hrdlicka in promoting pseudoscientific racial hierarchies.
2. Document the misclassification of individuals who should have been recognized as Indigenous or mixed-race and propose a system for reclassification and federal recognition as Aboriginal Americans where applicable.
3. Provide genealogical assistance to African Americans, including the restoration of historical records and the use of modern technologies (e.g., DNA testing) to help individuals trace their lineage and recover their heritage, with a focus on recognizing their Indigenous ancestry.
4. Recommend appropriate forms of reparations, including financial restitution, educational initiatives, and programs aimed at correcting the economic and cultural damages caused by the institution of slavery and subsequent discriminatory policies.
5. Propose legal frameworks for sovereignty and self-determination for African Americans with Indigenous roots, modeled on the examples of Native Hawaiian and Native American governance structures, and other global examples of Indigenous peoples reclaiming their rights.
    

SEC. 5. REPORT AND RECOMMENDATIONS TO CONGRESS.

(a) Report: Not later than 18 months after the date of the Commission’s first meeting, the Commission shall submit a written report to Congress detailing its findings and recommendations.

(b) Recommendations: The report shall include recommendations for:

Correcting the racial classification and providing recognition to misclassified individuals.

Proposals for financial and non-financial reparations for descendants of enslaved peoples.

Methods for advancing the cause of federal recognition of Aboriginal Americans.

Actions necessary to promote racial healing and correct historical injustices.
 

SEC. 6. MEMBERSHIP AND OPERATION OF THE COMMISSION.

This section shall outline the appointment of Commission members, its operational timeline, and necessary administrative details, based on the original H.R. 40.

 

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Appropriations for this Act shall not exceed $30,000,000, which will fund the Commission’s work in providing genealogical assistance, conducting research, and developing reparations proposals.