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H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE
TO H.R. 3432

OFFERED BY MR. PAYNE OF NEW JERSEY

Strike all after the enacting clause and insert the following:

1 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Commission on the

3 Abolition of the Transatlantic Slave Trade Act of 2007”.

4 SEC. 2. FINDINGS AND PURPOSE.

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(a) FINDINGS.-Congress finds the following:

(1) On March 2, 1807, President Thomas Jef

ferson 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 king

dom, 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

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labour".

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(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 com

pany 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

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stowed by the hundreds in overcrowded ships where they were forced into small spaces for months with

out relief as they were transported across the Atlan

tic 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 dis

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crimination, 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 estab13 lish the Commission on the Abolition of the Transatlantic

14 Slave Trade to—

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(1) ensure a suitable national observance of the 200th 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 200th anniversary of the abolition of the transatlantic slave trade;

(3) assist in ensuring that the observations of the 200th anniversary of the abolition of the transatlantic slave trade are inclusive and appropriately

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recognize the experiences of all people during this

period in history;

(4) support and facilitate international involvement in observances of the 200th 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.

8 SEC. 3. ESTABLISHMENT OF COMMISSION.

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There is established a commission to be known as the

10 "Commission on the Abolition of the Transatlantic Slave

11 Trade" (referred to in this Act as the "Commission").

12 SEC. 4. MEMBERSHIP, DUTIES, AND RELATED MATTERS.

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(a) MEMBERSHIP.

(1) IN GENERAL.

(A) The Commission shall be composed of

9 members, of whom

(i) 3 shall be appointed by the Speak

er of the House of Representatives;

(ii) 2 shall be appointed by the major

ity leader of the Senate;

(iii) 2 shall be appointed by the mi

nority leader of the House of Representatives; and

(iv) 2 shall be appointed by the minor

ity leader of the Senate.

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