[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Pages 10238-10241]
[From the U.S. Government Publishing Office, www.gpo.gov]




          400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4539) to establish the 400 Years of African-American History 
Commission, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4539

       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 recommendations of Governors, including the 
     Governor of Virginia;
       (B) 6 members shall be appointed by the Secretary after 
     considering recommendations of civil rights organizations and 
     historical organizations;
       (C) 1 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) 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, 
     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.

[[Page 10239]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentleman from Pennsylvania (Mr. Brendan F. 
Boyle) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 4539, introduced by 
Congressman Bobby Scott of Virginia.
  In 1619, the first people from Africa arrived at the English colonies 
in Point Comfort, Virginia. To highlight the significant history and 
cultural impact of the 400th anniversary of the first Africans to 
arrive at Point Comfort, this bill creates a commission to plan and 
carry out commemorative activities.
  The Commission's membership will be comprised of members appointed by 
the Secretary of the Interior after considering recommendations of 
civil rights and historical organizations: the secretary of the 
Smithsonian, Members of Congress, and Governors from across the 
country.
  Under the bill, the commission will plan, develop, and carry out 
programs and activities to recognize and highlight the resilience and 
contributions of African Americans since 1619 and to acknowledge the 
impact that slavery and laws that enforced racial discrimination had on 
the United States.
  The bill will also coordinate and facilitate for the public scholarly 
research on the arrival of Africans in the United States and the 
contributions of African Americans throughout our Nation's history.
  Mr. Speaker, I urge my colleagues to support the passage of H.R. 
4539.
  I reserve the balance of my time.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I yield myself 
such time as I may consume.
  Mr. Speaker, I would be happy to speak on this resolution, but we are 
very privileged to have its author right here with us. So I will yield 
3 minutes to the gentleman from Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman for 
yielding.
  I rise in support of H.R. 4539. The 400 Years of African-American 
History Commission Act was introduced earlier in the Senate by Senators 
Tim Kaine and Mark Warner, and I was proud to introduce the House 
version with the support of Representatives Rigell, Butterfield, 
Forbes, Beyer, Wittman, Lewis, and many others.
  I would like to thank Chairman Chaffetz, Ranking Member Cummings, and 
the gentleman from Pennsylvania (Mr. Brendan F. Boyle) for their 
assistance in bringing the bill to the floor today.
  This bill would establish a commission to begin planning programs and 
activities across the Nation to recognize the many contributions of 
African Americans since the first arrival of Africans in the English 
colonies at Point Comfort, Virginia, in 1619.
  African Americans have contributed greatly to our Nation, and their 
achievements deserve to be celebrated. The history of Virginia and our 
Nation cannot be fully understood without recognizing the role played 
by the slave trade.
  Slavery was an abhorrent institution; but for hundreds of years, it 
was the foundation of the colonial and early American agricultural 
system and was essential to its economic sustainability. The 20 
Africans who arrived at Point Comfort, Virginia, in Hampton, Virginia, 
in 1619 were the first on record to be forcibly settled as involuntary 
laborers in the English colonies.
  The 400 Years of African-American History Commission Act will be 
instrumental in recognizing and highlighting

[[Page 10240]]

the resilience and contributions of African Americans since 1619. From 
slavery, to fighting in the Civil War, to working against the 
oppression of Jim Crow segregation, to the civil rights movement, the 
rich history of African Americans and their contributions to our Nation 
began hundreds of years ago but obviously does not end there.
  The commission established by this bill will be charged with the 
important task of planning, developing, and implementing a series of 
programs and activities throughout 2019 to fully tell the story of 
African Americans, their contributions, and their resilience over the 
last 400 years and even earlier, as Africans were brought to North 
America by the Spanish more than a century earlier.
  The efforts of this 15-member commission, which will include 
historical experts and not politicians, will ensure that the legacy of 
those Africans in colonial America, along with other African American 
leaders whose contributions have helped move our Nation forward, are 
recognized appropriately.
  It would be a great disservice not only to African Americans but all 
Americans if we failed to appropriately recognize this important 
upcoming milestone in our Nation's history.
  Mr. Speaker, I thank the chairman, the ranking member, and the 
gentleman from Pennsylvania for their leadership in this effort. And I 
urge my colleagues to support the bill.
  Mr. CHAFFETZ. Mr. Speaker, I have no additional speakers.
  I reserve the balance of my time.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I yield 2 minutes 
to the gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, let me thank the distinguished 
gentleman from Pennsylvania for yielding. I thank the manager for his 
leadership, the chairman of the Committee on Oversight and Government 
Reform. And let me also thank the ranking member of the Committee on 
Education and the Workforce, the original sponsor of this bill, Mr. 
Scott of Virginia.
  I cannot think of a more important statement and act on the vast 
expanse of African American history. The 400 Years of African-American 
History Commission Act, as has been offered by Mr. Scott, is giving one 
of the most authoritative and widely needed reviews of African American 
history. It is extensive; it is detailed; and it is distinct.
  Specifically, I come from the region called Texas and the Gulf 
States. In particular, as relates to the Emancipation Proclamation, we 
commemorate something called Juneteenth. That means that in 1863, we 
did not get the word that President Lincoln had freed the slaves. It 
came in 1865 when General Granger landed on the shores of Galveston. So 
we have this phenomenon called Juneteenth. It may not be an idea or a 
commemoration that is known all over.
  And then, of course, the early stages of slavery. The vast 
differences in the regions on how slaves were held, the many places 
where African Americans participated in war and peace that may not be 
known, the science and scientific research that we have evidenced 
beyond the likes of Dr. George Washington Carver or the debate between 
W.E.B. DuBois and Booker T. Washington on the pathways of African 
Americans. Certainly, we are well aware of the civil rights movement. 
Many believe they know their current history, but there are so many 
different nuances. And I imagine the commission of this particular 
legislation, this commission would go even far more deeply into African 
American history.
  So let me say that this is a very important legislative initiative. I 
want to thank the gentleman from Virginia (Mr. Scott) for bringing it 
forward. And I will say that if this is signed by the President, 
America will be better for knowing the history of all people, and this 
commission will certainly be part of telling that very detailed, 
diverse, and different story of African Americans in the history of the 
United States of America.
  Mr. Speaker, I ask support of the bill.
  Mr. CHAFFETZ. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I yield myself the 
balance of my time.
  I thank my colleagues for bearing with me while I am a little hoarse 
in doing this duty here tonight. I had a little bit too much screaming 
at our 4th of July festivities and parades in Philadelphia and 
Montgomery County yesterday.
  Mr. Speaker, I really admire--and I am not sure if it was done 
intentionally this way--the wisdom of the chairman and those who 
scheduled these two resolutions coming in tandem because I think they 
are both important, and I am enthusiastic about both of them.
  It is impossible to tell the story of the United States of America 
without the enormous contributions and resilience shown by those who 
are the descendants of slaves who were brought here to our shores 
against their will.
  I am, like many of us, the descendant of immigrants who came here 
willingly. Though they came here with nothing, at least they came here 
willingly. And of course that does not represent the entire American 
experience.
  So I think that this is an important resolution. I commend my 
colleague from Virginia (Mr. Scott) as well as Senators Tim Kaine and 
Mark Warner for their championing of it. I am proud to support this 
bill.
  I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, again, let me echo the wide bipartisan 
support in favor of this bill.
  I want to thank our ranking member, Mr. Cummings. I want to thank Mr. 
Boyle for his support in championing this through with our committee. 
And I particularly want to thank Bobby Scott of Virginia, his 
representation of that area and is a pivotal voice in bringing this 
bill forward. I am glad to be supportive of this bill, and I would urge 
my colleagues to also support it.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 4539, 
the ``400 Years of African-American History Commission Act,'' which 
will develop and carry out activities that commemorate the arrival of 
Africans in English colonies in 1619 at Point Comfort, Virginia.
  Mr. Speaker, today it is difficult to imagine there once was a time 
in our country when African-Americans were owned, disrespected, and 
treated as less than second-class citizens for hundreds of years.
  However, since the 1960's we have witnessed social and economic 
revolutions that have transformed our country for the better and 
brought about the greatest reduction in economic and social inequality 
among Americans in history.
  H.R. 4539 will create programs that highlight the undeniable impact 
that slavery, de jure segregation, Jim Crow Laws, and the Black Codes 
had in creating and mandating systemic racism and inequality.
  The Commission will plan programs that acknowledge the impacts that 
marred the social, political, and economic progress of African-
Americans in the United States.
  The Commission encourages the collaboration of organizations that 
honor the great contributions of African-American activists, leaders, 
writers, and artists.
  H.R. 4539 encourages the collaboration and participation of civic, 
economic, historical, educational, patriotic, artistic, and religious 
organizations to come together to celebrate anniversary activities.
  The contributions of African-Americans to our great nation is an 
essential part of our history and should be celebrated.
  Tribute must be paid to the trailblazers, pioneers, heroes, and 
leaders, the countless number of well-known and unsung heroes whose 
contributions have helped our nation become a more perfect union
  The African-American History Commission will help us honor those who 
have come before us, and pay forward to future generations by 
addressing what is the number one issue for all American families 
today: preserving the American promise of economic opportunity for all.
  To accomplish this, the Commission will assist non-profit 
organizations, localities, and states to further the commemoration of 
the 400th anniversary of the arrival of Africans in English colonies by 
allowing grant funding for the development of programs
  The Commission is also authorized to provide funding for research and 
academic and public policy organizations to publish and distribute 
information about the arrival of Africans

[[Page 10241]]

in the United States and their contribution to this country.
  It took hard work, courage, patience, determination, and most of all, 
an unwavering faith that America could live up to the true meaning of 
its creed.
  Mr. Speaker, enacting H.R. 4539 and establishing the African-American 
History Commission will lay the foundation for the next generation of 
groundbreaking activists, leaders, scientists, writers and artists to 
continue contributing to the greatness of America.
  Social progress and justice does not always come easy or overnight 
but with commitment, determination, and perseverance, progress can be 
made and barriers can be broken.
  It is through our work in creating possibilities and programs for 
today and future generations that we best honor the accomplishments and 
legacy of our predecessors.
  Through the establishment of the 400 Years of African-American 
History Commission, that is made possible.
  I urge all Members to join me in supporting H.R. 4539.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 4539, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________