[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1242 Enrolled Bill (ENR)]
H.R.1242
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
To establish the 400 Years of African-American History Commission, and
for other purposes.
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 ``400 Years of African-American
History Commission Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 400th anniversary of the arrival of Africans
in the English colonies, at Point Comfort, Virginia, in 1619.
(2) Commission.--The term ``Commission'' means the 400 Years of
African-American History Commission established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. ESTABLISHMENT.
(a) In General.--There is established a commission, to be known as
the ``400 Years of African-American History Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 15
members, of whom--
(A) three members shall be appointed by the Secretary after
considering recommendations of Governors, including the
Governor of Virginia;
(B) six members shall be appointed by the Secretary after
considering recommendations of civil rights organizations and
historical organizations;
(C) one member shall be an employee of the National Park
Service having experience relative to the historical and
cultural resources related to the commemoration, to be
appointed by the Secretary;
(D) two members shall be appointed by the Secretary after
considering the recommendations of the Secretary of the
Smithsonian Institution; and
(E) three members shall be individuals who have an interest
in, support for, and expertise appropriate to the
commemoration, appointed by the Secretary after considering the
recommendations of Members of Congress.
(2) Time of appointment.--Each appointment of an initial member
of the Commission shall be made before the expiration of the 120-
day period beginning on the date of enactment of this Act.
(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.
(C) Continuation of membership.--If a member of the
Commission was appointed to the Commission as an employee of
the National Park Service, and ceases to be an employee of the
National Park Service, that member may continue to serve on the
Commission for not longer than the 30-day period beginning on
the date on which that member ceases to be an employee of the
National Park Service.
(c) Duties.--The Commission shall--
(1) plan, develop, and carry out programs and activities
throughout the United States--
(A) appropriate for the commemoration;
(B) to recognize and highlight the resilience and
contributions of African-Americans since 1619;
(C) to acknowledge the impact that slavery and laws that
enforced racial discrimination had on the United States; and
(D) to educate the public about--
(i) the arrival of Africans in the United States; and
(ii) the contributions of African-Americans to the
United States;
(2) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations throughout
the United States to organize and participate in anniversary
activities to expand understanding and appreciation of--
(A) the significance of the arrival of Africans in the
United States; and
(B) the contributions of African-Americans to the United
States;
(3) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration;
(4) coordinate and facilitate for the public scholarly research
on, publication about, and interpretation of--
(A) the arrival of Africans in the United States; and
(B) the contributions of African-Americans to the United
States;
(5) ensure that the commemoration provides a lasting legacy and
long-term public benefit by assisting in the development of
appropriate programs; and
(6) help ensure that the observances of the commemoration are
inclusive and appropriately recognize the experiences and heritage
of all individuals present at the arrival of Africans in the United
States.
SEC. 4. COMMISSION MEETINGS.
(a) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(b) Meetings.--The Commission shall meet--
(1) at least three times each year; or
(2) at the call of the Chairperson or the majority of the
members of the Commission.
(c) Quorum.--A majority of the voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Chairperson and Vice Chairperson.--
(1) Election.--The Commission shall elect the Chairperson and
the Vice Chairperson of the Commission on an annual basis.
(2) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(e) Voting.--The Commission shall act only on an affirmative vote
of a majority of the members of the Commission.
SEC. 5. COMMISSION POWERS.
(a) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for aiding or
facilitating the work of the Commission.
(b) Appointment of Advisory Committees.--The Commission may appoint
such advisory committees as the Commission determines to be necessary
to carry out this Act.
(c) Authorization of Action.--The Commission may authorize any
member or employee of the Commission to take any action that the
Commission is authorized to take under this Act.
(d) Procurement.--
(1) In general.--The Commission may procure supplies, services,
and property, and make or enter into contracts, leases, or other
legal agreements, to carry out this Act (except that a contract,
lease, or other legal agreement made or entered into by the
Commission shall not extend beyond the date of termination of the
Commission).
(2) Limitation.--The Commission may not purchase real property.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(f) Grants and Technical Assistance.--The Commission may--
(1) provide grants in amounts not to exceed $20,000 per grant
to communities and nonprofit organizations for use in developing
programs to assist in the commemoration;
(2) provide grants to research and scholarly organizations to
research, publish, or distribute information relating to the
arrival of Africans in the United States; and
(3) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) In general.--Except as provided in paragraph (2), a member
of the Commission shall serve without compensation.
(2) Federal employees.--A member of the Commission who is an
officer or employee of the Federal Government shall serve without
compensation other than the compensation received for the services
of the member as an officer or employee of the Federal Government.
(b) Travel Expenses.--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 the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Director and Staff.--
(1) In general.--The Chairperson of the Commission may, without
regard to the civil service laws (including regulations), nominate
an executive director to enable the Commission to perform the
duties of the Commission.
(2) Confirmation of executive director.--The employment of an
executive director shall be subject to confirmation by the
Commission.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) 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.
(e) Detail of Government Employees.--
(1) Federal employees.--
(A) Detail.--At the request of the Commission, the head of
any Federal agency may detail, on a reimbursable or
nonreimbursable 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.
(B) Civil service status.--The detail of an employee under
subparagraph (A) shall be without interruption or loss of civil
service status or privilege.
(2) State employees.--The Commission may--
(A) accept the services of personnel detailed from the
State; and
(B) reimburse the State for services of detailed personnel.
(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 such title.
(g) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
such voluntary and uncompensated services as the Commission determines
to be necessary.
(h) Support Services.--
(1) In general.--The Secretary shall provide to the Commission,
on a reimbursable basis, such administrative support services as
the Commission may request.
(2) Reimbursement.--Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or account used for
paying the amounts reimbursed.
(i) No Effect on Authority.--Nothing in this section supersedes the
authority of the National Park Service with respect to the
commemoration.
SEC. 7. PLANS; REPORTS.
(a) Strategic Plan.--The Commission shall prepare a strategic plan
for the activities of the Commission carried out under this Act.
(b) Final Report.--Not later than July 1, 2020, the Commission
shall complete and submit to Congress a final report that contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings and recommendations of the Commission.
SEC. 8. TERMINATION OF COMMISSION.
(a) Date of Termination.--The Commission shall terminate on July 1,
2020.
(b) Transfer of Documents and Materials.--Before the date of
termination specified in subsection (a), the Commission shall transfer
all documents and materials of the Commission to the National Archives
or another appropriate Federal entity.
SEC. 9. EXPENDITURES OF COMMISSION.
All expenditures of the Commission shall be made solely from
donated funds.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.