[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 392 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 392

To establish the 400 Years of African-American History Commission, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2017

    Mr. Kaine (for himself, Mr. Warner, Mr. Booker, and Mr. Blunt) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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) 3 members shall be appointed by the Secretary, 
                after considering the recommendations of Governors of 
                States, including the Governor of Virginia;
                    (B) 6 members shall be appointed by the Secretary, 
                after considering the recommendations of civil rights 
                organizations and historical organizations;
                    (C) 1 member shall be an employee of the National 
                Park Service having experience relating to the 
                historical and cultural resources related to the 
                commemoration, to be appointed by the Secretary;
                    (D) 2 members shall be appointed by the Secretary, 
                after considering the recommendations of the Secretary 
                of the Smithsonian Institution; and
                    (E) 3 members shall be individuals who have an 
                interest in, support for, and expertise appropriate to 
                the commemoration, to be 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 3 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Commission such sums as are necessary to carry out this Act.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until July 1, 2020.

SEC. 9. 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.
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