H.R. 3432
10-2-07, House Agreed to Bill by Voice Vote
12-19-07, Senate Passed Bill by Unanimous Consent
2-5-08, Became Public Law 110-183
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To establish the Commission on the Abolition of the Transatlantic
Slave Trade.
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 on the Abolition of the Transatlantic
Slave Trade Act'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) On March 2, 1807, President Thomas Jefferson signed into law a bill
approved by the Congress `An Act to prohibit the importation of slaves into
any port or place within the jurisdiction of the United States' (hereinafter
in this Act referred to as the `1808 Transatlantic Slave Trade Act') and
made it unlawful `to import or bring into the United States or territories
thereof from any foreign kingdom, place or country, any negro, mulatto,
or person of colour, with intent to hold, sell, or dispose of such * * *
as a slave, or to be held to service or labour'.
(2) Article I, Section 9 of the United States Constitution clearly spelled
out that the international slave trade could not be banned before 1808,
and it is only on January 1, 1808, that the 1808 Transatlantic Slave Trade
Act went into effect.
(3) An Act entitled `An Act to continue in force `An act to protect the
commerce of the United States, and punish the crime of piracy,' and also
to make further provisions for punishing the crime of piracy', enacted May
15, 1820, made it unlawful for any citizen of the United States to engage
`in the slave trade, or * * *, being of the crew or ship's company of any
foreign ship * * *, seize any negro or mulatto * * * with the intent to
make * * * a slave * * * or forcibly bring * * * on board any such ship
* * *.'.
(4) The transatlantic slave trade entailed the kidnapping, purchase, and
commercial export of Africans, mostly from West and Central Africa, to the
European colonies and new nations in the Americas, including the United
States, where they were enslaved in forced labor between the 15th and mid-19th
centuries.
(5) The term `Middle Passage' refers to the horrific part of the transatlantic
slave trade when millions of Africans were chained together and stowed by
the hundreds in overcrowded ships where they were forced into small spaces
for months without relief as they were transported across the Atlantic Ocean
to the Americas.
(6) During the Middle Passage, enslaved Africans resisted their enslavement
through non-violent and violent means, including hunger strikes, suicide,
and shipboard revolts, the most historically-recognized events taking place
on board the Don Carlos in 1732 and on board the Amistad in 1839.
(7) Scholars estimate that, at a minimum, between 10,000,000 and 15,000,000
Africans survived the Middle Passage, were imported as chattel through customs
houses and ports across the Americas, and were sold into slavery.
(8) The thirteenth amendment to the Constitution of the United States recognizes
that `Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.'.
(9) The slave trade and the legacy of slavery continue to have a profound
impact on social and economic disparity, hatred, bias, racism, and discrimination,
and continue to affect people in the Americas, particularly those of African
descent.
(10) In 2007, the British Parliament marked the 200th anniversary of the
abolition of the slave trade in the former British Empire with plans launched
by the Department for Education and Skills which provided joint funding
of
241 910,000 ($1,800,000) for the Understanding Slavery Initiative, and
the Heritage Lottery Fund announced awards of over
241 20,000,000 ($40,000,000) for projects to commemorate the anniversary.
(b) Purpose- The purpose of this Act is to establish the Commission on the
Abolition of the Transatlantic Slave Trade to--
(1) ensure a suitable national observance of the bicentennial anniversary
of the abolition of the transatlantic slave trade by sponsoring and supporting
commemorative programs;
(2) cooperate with and assist programs and activities throughout the United
States in observance of the bicentennial anniversary of the abolition of
the transatlantic slave trade;
(3) assist in ensuring that the observations of the bicentennial anniversary
of the abolition of the transatlantic slave trade are inclusive and appropriately
recognize the experiences of all people during this period in history;
(4) support and facilitate international involvement in observances of the
bicentennial anniversary of the abolition of the transatlantic slave trade;
and
(5) study the impact of the transatlantic slave trade on the United States
and the Americas.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the `Commission on the Abolition
of the Transatlantic Slave Trade' (referred to in this Act as the `Commission').
SEC. 4. MEMBERSHIP, DUTIES, AND RELATED MATTERS.
(A) The Commission shall be composed of nine members, of whom--
(i) three shall be appointed by the Speaker of the House of Representatives;
(ii) two shall be appointed by the Majority Leader of the Senate;
(iii) two shall be appointed by the Minority Leader of the House of
Representatives; and
(iv) two shall be appointed by the Minority Leader of the Senate.
(B) Each appointing authority described in subparagraph (A) shall appoint
the initial members of the Commission not later than 30 days after the
date of the enactment of this Act.
(2) QUALIFICATIONS- Members of the Commission shall be individuals with
demonstrated expertise or experience in the study and program facilitation
on the transatlantic slave trade and the institution of slavery as it relates
to the United States and the Americas.
(A) TERM- A member of the Commission shall be appointed for the life of
the Commission.
(i) IN GENERAL- A vacancy on the Commission shall be filled in the same
manner in which the original appointment was made.
(ii) PARTIAL TERM- A member appointed to fill a vacancy on the Commission
shall serve for the remainder of the term for which the predecessor
of the member was appointed.
(A) IN GENERAL- The Commission shall meet--
(i) as many times as necessary; or
(ii) at the call of the Chairperson or the majority of the members of
the Commission.
(B) INITIAL MEETING- Not later than 30 days after the date on which all
members of the Commission have been appointed, the Commission shall hold
its initial meeting.
(C) NOTICE OF MEETINGS- All Commission members shall be given reasonable
advance notice of all Commission meetings.
(D) APPOINTMENT OF CHAIRPERSON AND EXECUTIVE DIRECTOR- Not later than
60 days after the date on which all members of the Commission have been
appointed, the Commission shall--
(i) designate one of the members as Chairperson; and
(ii) select an executive director as described under subsection (d)(2).
(A) IN GENERAL- The Commission shall act only on an affirmative vote of
a majority of the members of the Commission.
(B) QUORUM- A majority of the members of the Commission, which includes
at least one member appointed pursuant to clause (iii) or (iv) of paragraph
(1)(A), shall constitute a quorum for conducting business but fewer members
may meet or hold hearings.
(1) IN GENERAL- The Commission shall--
(A) plan, develop, and execute programs and activities appropriate to
commemorate the bicentennial anniversary of the abolition of the transatlantic
slave trade;
(B) facilitate commemoration-related activities throughout the United
States;
(C) encourage civic, historical, educational, religious, economic, and
other organizations, as well as State and local governments, throughout
the United States to organize and participate in anniversary activities
to expand the understanding and appreciation of the significance of the
transatlantic slave trade and the institution of slavery, particularly
as it relates to the United States;
(D) coordinate and facilitate for the public scholarly research on, publication
about, and interpretation of, the transatlantic slave trade and the institution
of slavery, particularly as it relates to the United States;
(E) assist in the development of appropriate programs and facilities to
ensure that the bicentennial anniversary of the abolition of the transatlantic
slave trade provides a lasting legacy and long-term public benefit;
(F) support and facilitate marketing efforts for the issuance of a commemorative
coin, postage stamp, and related activities for observances;
(G) facilitate the convening of a joint meeting or joint session of the
Congress for ceremonies and activities relating to the transatlantic slave
trade and the institution of slavery, particularly as it relates to the
United States;
(H) promote the sponsorship of conferences, exhibitions, or public meetings
concerning the transatlantic slave trade and the institution of slavery,
particularly as it relates to the United States;
(I) coordinate and facilitate the sponsorship of high school and collegiate
essay contests concerning the transatlantic slave trade and the institution
of slavery, particularly as it relates to the United States; and
(J) examine reports of modern-day slavery and human trafficking to raise
the public's awareness of these matters and ensure such atrocities do
not go unnoticed by the people of the United States.
(2) INITIAL REPORT- Not later than March 31, 2009, the Commission shall
submit to the Congress a report containing a summary of the activities of
the Commission for 2008.
(c) Powers of the Commission- The Commission may--
(1) accept donations and gift items related to the transatlantic slave trade,
the institution of slavery, and the significance of slavery to the history
of the United States;
(2) appoint such advisory committees as the Commission determines necessary
to carry out this Act;
(3) authorize any member or employee of the Commission to take any action
that the Commission is authorized to take under this Act;
(4) procure supplies, services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this Act (except that any
contracts, leases, or other legal agreements made or entered into by the
Commission shall not extend beyond the date of the termination of the Commission);
and
(5) use the United States mails in the same manner and under the same conditions
as other Federal agencies.
(1) COMPENSATION OF MEMBERS OF THE COMMISSION-
(A) BASIC PAY- Members of the Commission shall not receive compensation
for the performance of their duties on behalf of the Commission.
(B) TRAVEL EXPENSES- Upon approval of the Chairperson, a member of the
Commission shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular place of business in the performance of their
duties on behalf of the Commission.
(A) IN GENERAL- The Chairperson of the Commission shall, without regard
to the civil service laws (including regulations), appoint and terminate
an executive director and such other additional personnel as are necessary
to enable the Commission to perform its duties.
(i) QUALIFICATIONS- The person appointed executive director shall have
demonstrated expertise or experience in the study and program facilitation
on the transatlantic slave trade and the institution of slavery, particularly
as it relates to the United States.
(ii) CONFIRMATION- The employment of an executive director shall be
subject to confirmation by the members of the Commission.
(C) COMPENSATION- The Chairperson of the Commission may fix the compensation
of the executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(D) VOLUNTEER AND UNCOMPENSATED SERVICES- Notwithstanding section 1342
of title 31, United States Code, the Commission may accept and use voluntary
and uncompensated services as the Commission determines necessary.
(e) Procurement of Temporary and Intermittent Services- The Chairperson of
the Commission may procure temporary and intermittent services in accordance
with section 3109(b) of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316 of that title.
(f) Non-Applicability of FACA- Section 14(b) of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 5. TERMINATION.
(a) Date of Termination- The Commission shall terminate on December 31, 2009.
(b) Final Report- Upon termination, the Commission shall submit to the Congress
a report containing--
(1) a detailed statement of the activities of the Commission; and
(2) a final accounting of the funds received and expended by the Commission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
