I 111th CONGRESS 1st Session H. R. 4346 IN THE HOUSE OF REPRESENTATIVES December 16, 2009 Mr. Conyers (for himself, Mr. Daniel E. Lungren of California, Ms. Jackson-Lee of Texas, and Mr. Hastings of Florida) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a commission to commemorate the ending of chattel slavery in the United States, and for other purposes.

1.

Short title

This Act may be cited as the National Emancipation Commemoration Act of 2009.

2.

Purpose

The purpose of this Act is to establish the National Emancipation Commemoration Commission in order to— (1)ensure a suitable national observance of the 150th anniversary of the ending of chattel slavery in the United States through the Emancipation Proclamation and the Thirteenth Amendment of the Constitution; (2)highlight the protections of the living 13th Amendment against modern slavery in all its forms and explore why servitude still exists in the United States and elsewhere; (3)provide assistance to the development of programs, curricula, and activities concerning both antebellum and modern slavery, in conjunction with the 150th anniversary of Emancipation and thereafter; and (4)support and facilitate efforts for events, a commemorative coin, stamp, and related activities for the observances of the 150th anniversary of Emancipation and the adoption of the Thirteenth Amendment.

3.

Definitions

In this Act: (1)

Commemoration

The term commemoration means the commemoration of the 150th anniversaries of the Preliminary Emancipation Proclamation, the Emancipation Proclamation, the Thirteenth Amendment to the United States Constitution and its ongoing application to modern slavery, passage of Federal anti-peonage legislation and the extension of the Thirteenth Amendment protections to all races and ethnicities, and the activities of the Bureau of Refugees, Freedmen and Abandoned Lands (Freedman’s Bureau) in attempting to meet the needs of newly freed persons in the years following the Civil War. (2)

Commission

The term Commission means the Commission established by this Act. (3)

Modern slavery

The term modern slavery means activities that violate the Federal statutory prohibitions against slavery and human trafficking set forth in chapter 77 of title 18, United States Code.

4.

Attorney General to assist the commemoration

In order to ensure that the 150th anniversary of Emancipation provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities, the Attorney General, through the Office of Justice Programs, may make grants and provide technical assistance to appropriate Federal, State, and local entities and nonprofit organizations— (1)to plan and carry out programs and activities appropriate to for the commemoration; (2)to generally facilitate commemoration-related activities throughout the United States; (3)to encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the events commemorated by the commemoration; (4)to coordinate and facilitate public scholarly research on, publication about, and interpretation of: chattel slavery, the trans-Atlantic slave trade, the lives and work of such historical figures as Abraham Lincoln, Frederick Douglass, Sojourner Truth, Levi and Catherine Coffin, and Harriet Tubman, the Emancipation, success and failures in implementing the Emancipation, expansion of the protections of the Thirteenth Amendment to all persons in the United States, modern effects of chattel slavery and the Emancipation on American culture and society, and the continued application of the Thirteenth Amendment and enabling legislation in combating modern slavery in the United States and abroad; (5)to encourage efforts for a commemorative coin, stamp, and related activities for the commemoration; (6)to assist in the appropriate development of commemoration-related heritage tourism and the economic benefits of that tourism to the United States; and (7)to facilitate commemoration-related activities and informational displays at sites and locations that are part of the National Park Service Underground Railroad Network to Freedom Program and the National Underground Railroad Freedom Center.

5.

National emancipation commemoration commission

(a)

In general

There is established a commission to be known as the National Emancipation Commemoration Commission. (b)

Duties

(1)

In general

The Commission shall— (A)advise the Attorney General with regard to making grants and giving technical assistance under this Act; and (B)conduct a study on modern slavery in all its forms that— (i)addresses why slavery in all its forms still exists globally; (ii)analyzes the persistence of modern slavery in the United States from 1865 to the present; and (iii)makes recommendations to address issues and concerns highlighted by the study. (2)

Reports

(A)

Interim report

Not later than January 1, 2013, the Commission shall complete an interim report that contains— (i)a summary of the activities of the Commission; (ii)any interim results, findings, or recommendations of the study conducted under paragraph (1)(B); and (iii)an accounting of funds received and expended by the Commission through September 30, 2012. (B)

Final report

Not later than March 2, 2017, the Commission shall complete a final report that contains— (i)a summary of the activities of the Commission; (ii)the results of the study conducted under paragraph (1)(B); (iii)a final accounting of funds received and expended by the Commission; and (iv)any findings and recommendations of the Commission. (c)

Membership

(1)

In general

The Commission shall be composed of 18 members, of whom— (A)one shall be the Assistant Attorney General for Civil Rights, who shall be the Chair of the Commission; (B)one shall be the Ambassador at Large, Director of the Office to Monitor and Combat Trafficking in Persons, who shall be the Vice-Chair of the Commission; (C)one shall be the Librarian of Congress, or a designee of the Librarian of Congress; (D)one shall be the Director of the National Park Service, or a designee of the Director; (E)one shall be the Director of the National Museum of American History of the Smithsonian Institution, or a designee of the Director; (F)one shall be the Director of the National Underground Railroad Freedom Center (or any successor institution), or a designee of the Director; (G)one shall be the Director of the National Civil Rights Museum, or a designee of the Director; (H)one shall be the Executive Director of the National Hispanic Cultural Center, or a designee of the Executive Director; (I)one shall be the Executive Director of the Asian Law Alliance, or a designee of the Executive Director; (J)four shall be appointed by the Speaker of the House in consultation with the minority leader; and (K)four shall be appointed by the majority leader of the Senate in consultation with the minority leader. (2)

Term; vacancies

(A)

Term

The term of an appointed member of the Commission is for the life of the Commission. (B)

Vacancies

(i)

In general

A vacancy among the appointed members of 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. (3)

Meetings

(A)

In general

The Commission shall meet— (i)at least twice each year; and (ii)additionally, 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 appointed members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4)

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 Commission shall constitute a quorum. (d)

Powers of the commission

The Commission may— (1)accept donations and make dispersions of money, personal services, and real and personal property related to its duties; (2)appoint such advisory committees of its members as the Commission determines to be necessary to carry out its duties; (3)authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4)procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out its duties (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); and (5)use the United States mails in the same manner and under the same conditions as a Federal agency. (e)

Commission personnel matters

(1)

Compensation of members of the commission

(A)

In general

Except as provided in this paragraph, a member of the Commission shall serve without compensation. (B)

Federal employees

A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C)

Travel expenses

A member or employee 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 the home or regular place of business of the member or employee in the performance of the duties of the Commission. (2)

Staff

(A)

In general

The Chairperson of the Commission may, 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 the duties of the Commission. (B)

Approval of executive director

The employment of an executive director shall require approval by a majority of the Commission members. (3)

Compensation

(A)

In general

Except as provided in subparagraph (B), 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. (B)

Maximum rate of pay

The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4)

Detail of government employees

(A)

Federal employees

(i)

In general

On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or non-reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii)

Civil service status

The detail of an employee under clause (I) shall be without interruption or loss of civil service status or privilege. (B)

State employees

The Commission may— (i)accept the services of personnel detailed from States (including subdivisions of States); and (ii)reimburse States for services of detailed personnel. (5)

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. (6)

Support services

The Attorney General shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f)

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. (g)

Termination

The Commission shall terminate on September 30, 2017. Any advisory committee established under this Act that is not previously terminated by the Commission shall also terminate on that date.