[115th Congress Public Law 102]
\n[From the U.S. Government Publishing Office]<\/p>\n
[[Page 2247]]<\/p>\n
400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT<\/p>\n
[[Page 131 STAT. 2248]]<\/p>\n
Public Law 115-102
\n115th Congress<\/p>\n
An Act<\/p>\n
To establish the 400 Years of African-American History Commission, and
\nfor other purposes. <<NOTE: Jan. 8, 2018 – [H.R. 1242]>><\/p>\n
Be it enacted by the Senate and House of Representatives of the
\nUnited States of America in Congress assembled, <<NOTE: 400 Years of
\nAfrican-American History Commission Act. 36 USC 101 note prec.>>
\nSECTION 1. SHORT TITLE.<\/p>\n
This Act may be cited as the “400 Years of African-American History
\nCommission Act”.
\nSEC. 2. DEFINITIONS.<\/p>\n
In this Act:
\n(1) Commemoration.–The term “commemoration” means the
\ncommemoration of the 400th anniversary of the arrival of
\nAfricans in the English colonies, at Point Comfort, Virginia, in
\n1619.
\n(2) Commission.–The term “Commission” means the 400 Years
\nof African-American History Commission established by section
\n3(a).
\n(3) Secretary.–The term “Secretary” means the Secretary
\nof the Interior.
\nSEC. 3. ESTABLISHMENT.<\/p>\n
(a) In General.–There is established a commission, to be known as
\nthe “400 Years of African-American History Commission”.
\n(b) Membership.–
\n(1) <<NOTE: Appointments.>> Composition.–The Commission
\nshall be composed of 15 members, of whom–
\n(A) three members shall be appointed by the
\nSecretary after considering recommendations of
\nGovernors, including the Governor of Virginia;
\n(B) six members shall be appointed by the Secretary
\nafter considering recommendations of civil rights
\norganizations and historical organizations;
\n(C) one member shall be an employee of the National
\nPark Service having experience relative to the
\nhistorical and cultural resources related to the
\ncommemoration, to be appointed by the Secretary;
\n(D) two members shall be appointed by the Secretary
\nafter considering the recommendations of the Secretary
\nof the Smithsonian Institution; and
\n(E) three members shall be individuals who have an
\ninterest in, support for, and expertise appropriate to
\nthe commemoration, appointed by the Secretary after
\nconsidering the recommendations of Members of Congress.<\/p>\n
[[Page 131 STAT. 2249]]<\/p>\n
(2) <<NOTE: Time period. Effective date.>> Time of
\nappointment.–Each appointment of an initial member of the
\nCommission shall be made before the expiration of the 120-day
\nperiod beginning on the date of enactment of this Act.
\n(3) Term; vacancies.–
\n(A) Term.–A member of the Commission shall be
\nappointed for the life of the Commission.
\n(B) Vacancies.–
\n(i) In general.–A vacancy on the Commission
\nshall be filled in the same manner in which the
\noriginal appointment was made.
\n(ii) Partial term.–A member appointed to fill
\na vacancy on the Commission shall serve for the
\nremainder of the term for which the predecessor of
\nthe member was appointed.
\n(C) <<NOTE: Time period.>> Continuation of
\nmembership.–If a member of the Commission was appointed
\nto the Commission as an employee of the National Park
\nService, and ceases to be an employee of the National
\nPark Service, that member may continue to serve on the
\nCommission for not longer than the 30-day period
\nbeginning on the date on which that member ceases to be
\nan employee of the National Park Service.<\/p>\n
(c) Duties.–The Commission shall–
\n(1) plan, develop, and carry out programs and activities
\nthroughout the United States–
\n(A) appropriate for the commemoration;
\n(B) to recognize and highlight the resilience and
\ncontributions of African-Americans since 1619;
\n(C) to acknowledge the impact that slavery and laws
\nthat enforced racial discrimination had on the United
\nStates; and
\n(D) to educate the public about–
\n(i) the arrival of Africans in the United
\nStates; and
\n(ii) the contributions of African-Americans to
\nthe United States;
\n(2) encourage civic, patriotic, historical, educational,
\nartistic, religious, economic, and other organizations
\nthroughout the United States to organize and participate in
\nanniversary activities to expand understanding and appreciation
\nof–
\n(A) the significance of the arrival of Africans in
\nthe United States; and
\n(B) the contributions of African-Americans to the
\nUnited States;
\n(3) provide technical assistance to States, localities, and
\nnonprofit organizations to further the commemoration;
\n(4) <<NOTE: Coordination.>> coordinate and facilitate for
\nthe public scholarly research on, publication about, and
\ninterpretation of–
\n(A) the arrival of Africans in the United States;
\nand
\n(B) the contributions of African-Americans to the
\nUnited States;
\n(5) ensure that the commemoration provides a lasting legacy
\nand long-term public benefit by assisting in the development of
\nappropriate programs; and
\n(6) help ensure that the observances of the commemoration
\nare inclusive and appropriately recognize the experiences and<\/p>\n
[[Page 131 STAT. 2250]]<\/p>\n
heritage of all individuals present at the arrival of Africans
\nin the United States.
\nSEC. 4. COMMISSION MEETINGS.<\/p>\n
(a) <<NOTE: Deadline.>> Initial Meeting.–Not later than 30 days
\nafter the date on which all members of the Commission have been
\nappointed, the Commission shall hold the initial meeting of the
\nCommission.<\/p>\n
(b) Meetings.–The Commission shall meet–
\n(1) at least three times each year; or
\n(2) at the call of the Chairperson or the majority of the
\nmembers of the Commission.<\/p>\n
(c) Quorum.–A majority of the voting members shall constitute a
\nquorum, but a lesser number may hold meetings.
\n(d) Chairperson and Vice Chairperson.–
\n(1) Election.–The Commission shall elect the Chairperson
\nand the Vice Chairperson of the Commission on an annual basis.
\n(2) Absence of the chairperson.–The Vice Chairperson shall
\nserve as the Chairperson in the absence of the Chairperson.<\/p>\n
(e) Voting.–The Commission shall act only on an affirmative vote of
\na majority of the members of the Commission.
\nSEC. 5. COMMISSION POWERS.<\/p>\n
(a) Gifts.–The Commission may solicit, accept, use, and dispose of
\ngifts, bequests, or devises of money or other property for aiding or
\nfacilitating the work of the Commission.
\n(b) Appointment of Advisory Committees.–The Commission may appoint
\nsuch advisory committees as the Commission determines to be necessary to
\ncarry out this Act.
\n(c) Authorization of Action.–The Commission may authorize any
\nmember or employee of the Commission to take any action that the
\nCommission is authorized to take under this Act.
\n(d) Procurement.–
\n(1) In general.–The Commission may procure supplies,
\nservices, and property, and make or enter into contracts,
\nleases, or other legal agreements, to carry out this Act (except
\nthat a contract, lease, or other legal agreement made or entered
\ninto by the Commission shall not extend beyond the date of
\ntermination of the Commission).
\n(2) Limitation.–The Commission may not purchase real
\nproperty.<\/p>\n
(e) Postal Services.–The Commission may use the United States mails
\nin the same manner and under the same conditions as other agencies of
\nthe Federal Government.
\n(f) Grants and Technical Assistance.–The Commission may–
\n(1) provide grants in amounts not to exceed $20,000 per
\ngrant to communities and nonprofit organizations for use in
\ndeveloping programs to assist in the commemoration;
\n(2) provide grants to research and scholarly organizations
\nto research, publish, or distribute information relating to the
\narrival of Africans in the United States; and
\n(3) provide technical assistance to States, localities, and
\nnonprofit organizations to further the commemoration.
\nSEC. 6. COMMISSION PERSONNEL MATTERS.<\/p>\n
(a) Compensation of Members.–<\/p>\n
[[Page 131 STAT. 2251]]<\/p>\n
(1) In general.–Except as provided in paragraph (2), a
\nmember of the Commission shall serve without compensation.
\n(2) Federal employees.–A member of the Commission who is an
\nofficer or employee of the Federal Government shall serve
\nwithout compensation other than the compensation received for
\nthe services of the member as an officer or employee of the
\nFederal Government.<\/p>\n
(b) Travel Expenses.–A member of the Commission shall be allowed
\ntravel expenses, including per diem in lieu of subsistence, at rates
\nauthorized for an employee of an agency under subchapter I of chapter 57
\nof title 5, United States Code, while away from the home or regular
\nplace of business of the member in the performance of the duties of the
\nCommission.
\n(c) Director and Staff.–
\n(1) In general.–The Chairperson of the Commission may,
\nwithout regard to the civil service laws (including
\nregulations), nominate an executive director to enable the
\nCommission to perform the duties of the Commission.
\n(2) Confirmation of executive director.–The employment of
\nan executive director shall be subject to confirmation by the
\nCommission.<\/p>\n
(d) Compensation.–
\n(1) In general.–Except as provided in paragraph (2), the
\nCommission may fix the compensation of the executive director
\nand other personnel without regard to the provisions of chapter
\n51 and subchapter III of chapter 53 of title 5, United States
\nCode, relating to classification of positions and General
\nSchedule pay rates.
\n(2) Maximum rate of pay.–The rate of pay for the executive
\ndirector and other personnel shall not exceed the rate payable
\nfor level V of the Executive Schedule under section 5316 of
\ntitle 5, United States Code.<\/p>\n
(e) Detail of Government Employees.–
\n(1) Federal employees.–
\n(A) Detail.–At the request of the Commission, the
\nhead of any Federal agency may detail, on a reimbursable
\nor nonreimbursable basis, any of the personnel of the
\nagency to the Commission to assist the Commission in
\ncarrying out the duties of the Commission under this
\nAct.
\n(B) Civil service status.–The detail of an employee
\nunder subparagraph (A) shall be without interruption or
\nloss of civil service status or privilege.
\n(2) State employees.–The Commission may–
\n(A) accept the services of personnel detailed from
\nthe State; and
\n(B) reimburse the State for services of detailed
\npersonnel.<\/p>\n
(f) Procurement of Temporary and Intermittent Services.–The
\nChairperson of the Commission may procure temporary and intermittent
\nservices in accordance with section 3109(b) of title 5, United States
\nCode, at rates for individuals that do not exceed the daily equivalent
\nof the annual rate of basic pay prescribed for level V of the Executive
\nSchedule under section 5316 of such title.<\/p>\n
[[Page 131 STAT. 2252]]<\/p>\n
(g) Volunteer and Uncompensated Services.–Notwithstanding section
\n1342 of title 31, United States Code, the Commission may accept and use
\nsuch voluntary and uncompensated services as the Commission determines
\nto be necessary.
\n(h) Support Services.–
\n(1) In general.–The Secretary shall provide to the
\nCommission, on a reimbursable basis, such administrative support
\nservices as the Commission may request.
\n(2) Reimbursement.–Any reimbursement under this paragraph
\nshall be credited to the appropriation, fund, or account used
\nfor paying the amounts reimbursed.<\/p>\n
(i) No Effect on Authority.–Nothing in this section supersedes the
\nauthority of the National Park Service with respect to the
\ncommemoration.
\nSEC. 7. PLANS; REPORTS.<\/p>\n
(a) Strategic Plan.–The Commission shall prepare a strategic plan
\nfor the activities of the Commission carried out under this Act.
\n(b) Final Report.–Not later than July 1, 2020, the Commission shall
\ncomplete and submit to Congress a final report that contains–
\n(1) <<NOTE: Summary.>> a summary of the activities of the
\nCommission;
\n(2) a final accounting of funds received and expended by the
\nCommission; and
\n(3) <<NOTE: Recommenda- tions.>> the findings and
\nrecommendations of the Commission.
\nSEC. 8. TERMINATION OF COMMISSION.<\/p>\n
(a) Date of Termination.–The Commission shall terminate on July 1,
\n2020.
\n(b) Transfer of Documents and Materials.–Before the date of
\ntermination specified in subsection (a), the Commission shall transfer
\nall documents and materials of the Commission to the National Archives
\nor another appropriate Federal entity.
\nSEC. 9. EXPENDITURES OF COMMISSION.<\/p>\n
All expenditures of the Commission shall be made solely from donated
\nfunds.<\/p>\n
Approved January 8, 2018.<\/p>\n
LEGISLATIVE HISTORY–H.R. 1242 (S. 392) (S. 1460):
\n—————————————————————————<\/p>\n
HOUSE REPORTS: No. 115-105 (Comm. on Oversight and Government Reform).
\nSENATE REPORTS: No. 115-63 (Comm. on Energy and Natural Resources)
\naccompanying S. 392.
\nCONGRESSIONAL RECORD, Vol. 163 (2017):
\nMay 1, considered and passed House.
\nDec. 21, considered and passed Senate.<\/p>\n
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