[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3432 Enrolled Bill (ENR)]
H.R.3432
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 910,000 ($1,800,000)
for the Understanding Slavery Initiative, and the Heritage Lottery
Fund announced awards of over 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) Membership.--
(1) In general.--
(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.
(3) Term; vacancies.--
(A) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(B) Vacancies.--
(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.
(4) Meetings.--
(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).
(5) Voting.--
(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.
(b) Duties.--
(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.
(d) Personnel Matters.--
(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.
(2) Staff.--
(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.
(B) Executive director.--
(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.