[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.