Text: H.R.1242 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-102 (01/08/2018)

 
[115th Congress Public Law 102]
[From the U.S. Government Publishing Office]



[[Page 2247]]

          400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT

[[Page 131 STAT. 2248]]

Public Law 115-102
115th Congress

                                 An Act


 
 To establish the 400 Years of African-American History Commission, and 
       for other purposes. <<NOTE: Jan. 8, 2018 -  [H.R. 1242]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 400 Years of 
African-American History Commission Act. 36 USC 101 note prec.>> 
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) <<NOTE: Appointments.>>  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.

[[Page 131 STAT. 2249]]

            (2) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Coordination.>>  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

[[Page 131 STAT. 2250]]

        heritage of all individuals present at the arrival of Africans 
        in the United States.
SEC. 4. COMMISSION MEETINGS.

    (a) <<NOTE: Deadline.>>  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.--

[[Page 131 STAT. 2251]]

            (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.

[[Page 131 STAT. 2252]]

    (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) <<NOTE: Summary.>>  a summary of the activities of the 
        Commission;
            (2) a final accounting of funds received and expended by the 
        Commission; and
            (3) <<NOTE: Recommenda- tions.>>  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.

    Approved January 8, 2018.

LEGISLATIVE HISTORY--H.R. 1242 (S. 392) (S. 1460):
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HOUSE REPORTS: No. 115-105 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 115-63 (Comm. on Energy and Natural Resources) 
accompanying S. 392.
CONGRESSIONAL RECORD, Vol. 163 (2017):
            May 1, considered and passed House.
            Dec. 21, considered and passed Senate.

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