[110th Congress Public Law 183]
[From the U.S. Government Printing Office]
[DOCID: f:publ183.110]
[[Page 605]]
COMMISSION ON THE ABOLITION OF THE TRANSATLANTIC SLAVE TRADE ACT
[[Page 122 STAT. 606]]
Public Law 110-183
110th Congress
An Act
To establish the Commission on the Abolition of the Transatlantic Slave
Trade. <<NOTE: Feb. 5, 2008 - [H.R. 3432]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Commission on the Abolition
of the Transatlantic Slave Trade Act.>> 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
[[Page 122 STAT. 607]]
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;
[[Page 122 STAT. 608]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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--
[[Page 122 STAT. 609]]
(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
[[Page 122 STAT. 610]]
(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.
[[Page 122 STAT. 611]]
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.
Approved February 5, 2008.
LEGISLATIVE HISTORY--H.R. 3432:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Oct. 2, considered and passed House.
Dec. 19, considered and passed
Senate, amended.
Vol. 154 (2008):
Jan. 22, House concurred in Senate
amendment.
<all>