II 

Calendar No. 612 

114TH CONGRESS 

2D SESSION H. R. 4539 

[Report No. 114–341] 

IN THE SENATE OF THE UNITED STATES 

JULY 6, 2016 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

SEPTEMBER 6, 2016 

Reported by Ms. MURKOWSKI, without amendment 

AN ACT 

To establish the 400 Years of African-American History 

Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘400 Years of African5 American History Commission Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COMMEMORATION.—The term ‘‘commemo2 ration’’ means the commemoration of the 400th an3 niversary of the arrival of Africans in the English 

4 colonies, at Point Comfort, Virginia, in 1619. 

5 (2) COMMISSION.—The term ‘‘Commission’’ 

6 means the 400 Years of African-American History 

7 Commission established by section 3(a). 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 3. ESTABLISHMENT. 

11 (a) IN GENERAL.—There is established a commis12 sion, to be known as the ‘‘400 Years of African-American 

13 History Commission’’. 

14 (b) MEMBERSHIP.— 

15 (1) COMPOSITION.—The Commission shall be 

16 composed of 15 members, of whom— 

17 (A) three members shall be appointed by 

18 the Secretary after considering recommenda19 tions of Governors, including the Governor of 

20 Virginia; 

21 (B) six members shall be appointed by the 

22 Secretary after considering recommendations of 

23 civil rights organizations and historical organi24 zations; 


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1 (C) one member shall be an employee of 

2 the National Park Service having experience 

3 relative to the historical and cultural resources 

4 related to the commemoration, to be appointed 

5 by the Secretary; 

6 (D) two members shall be appointed by the 

7 Secretary after considering the recommenda8 tions of the Secretary of the Smithsonian Insti9 tution; and 

10 (E) three members shall be individuals who 

11 have an interest in, support for, and expertise 

12 appropriate to the commemoration, appointed 

13 by the Secretary after considering the rec14 ommendations of Members of Congress. 

15 (2) TIME OF APPOINTMENT.—Each appoint16 ment of an initial member of the Commission shall 

17 be made before the expiration of the 120-day period 

18 beginning on the date of enactment of this Act. 

19 (3) TERM; VACANCIES.— 

20 (A) TERM.—A member of the Commission 

21 shall be appointed for the life of the Commis22 sion. 

23 (B) VACANCIES.— 

24 (i) IN GENERAL.—A vacancy on the 

25 Commission shall be filled in the same 


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1 manner in which the original appointment 

2 was made. 

3 (ii) PARTIAL TERM.—A member ap4 pointed to fill a vacancy on the Commis5 sion shall serve for the remainder of the 

6 term for which the predecessor of the 

7 member was appointed. 

8 (C) CONTINUATION OF MEMBERSHIP.—If 

9 a member of the Commission was appointed to 

10 the Commission as an employee of the National 

11 Park Service, and ceases to be an employee of 

12 the National Park Service, that member may 

13 continue to serve on the Commission for not 

14 longer than the 30-day period beginning on the 

15 date on which that member ceases to be an em16 ployee of the National Park Service. 

17 (c) DUTIES.—The Commission shall— 

18 (1) plan, develop, and carry out programs and 

19 activities throughout the United States— 

20 (A) appropriate for the commemoration; 

21 (B) to recognize and highlight the resil22 ience and contributions of African-Americans 

23 since 1619; 


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1 (C) to acknowledge the impact that slavery 

2 and laws that enforced racial discrimination 

3 had on the United States; and 

4 (D) to educate the public about— 

5 (i) the arrival of Africans in the 

6 United States; and 

7 (ii) the contributions of African-Amer8 icans to the United States; 

9 (2) encourage civic, patriotic, historical, edu10 cational, artistic, religious, economic, and other or11 ganizations throughout the United States to orga12 nize and participate in anniversary activities to ex13 pand understanding and appreciation of— 

14 (A) the significance of the arrival of Afri15 cans in the United States; and 

16 (B) the contributions of African-Americans 

17 to the United States; 

18 (3) provide technical assistance to States, local19 ities, and nonprofit organizations to further the com20 memoration; 

21 (4) coordinate and facilitate for the public 

22 scholarly research on, publication about, and inter23 pretation of— 

24 (A) the arrival of Africans in the United 

25 States; and 


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1 (B) the contributions of African-Americans 

2 to the United States; 

3 (5) ensure that the commemoration provides a 

4 lasting legacy and long-term public benefit by assist5 ing in the development of appropriate programs; and 

6 (6) help ensure that the observances of the 

7 commemoration are inclusive and appropriately rec8 ognize the experiences and heritage of all individuals 

9 present at the arrival of Africans in the United 

10 States. 

11 SEC. 4. COMMISSION MEETINGS. 

12 (a) INITIAL MEETING.—Not later than 30 days after 

13 the date on which all members of the Commission have 

14 been appointed, the Commission shall hold the initial 

15 meeting of the Commission. 

16 (b) MEETINGS.—The Commission shall meet— 

17 (1) at least three times each year; or 

18 (2) at the call of the Chairperson or the major19 ity of the members of the Commission. 

20 (c) QUORUM.—A majority of the voting members 

21 shall constitute a quorum, but a lesser number may hold 

22 meetings. 

23 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 


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1 (1) ELECTION.—The Commission shall elect the 

2 Chairperson and the Vice Chairperson of the Com3 mission on an annual basis. 

4 (2) ABSENCE OF THE CHAIRPERSON.—The Vice 

5 Chairperson shall serve as the Chairperson in the 

6 absence of the Chairperson. 

7 (e) VOTING.—The Commission shall act only on an 

8 affirmative vote of a majority of the members of the Com9 mission. 

10 SEC. 5. COMMISSION POWERS. 

11 (a) GIFTS.—The Commission may solicit, accept, use, 

12 and dispose of gifts, bequests, or devises of money or other 

13 property for aiding or facilitating the work of the Commis14 sion. 

15 (b) APPOINTMENT OF ADVISORY COMMITTEES.—The 

16 Commission may appoint such advisory committees as the 

17 Commission determines to be necessary to carry out this 

18 Act. 

19 (c) AUTHORIZATION OF ACTION.—The Commission 

20 may authorize any member or employee of the Commission 

21 to take any action that the Commission is authorized to 

22 take under this Act. 

23 (d) PROCUREMENT.— 

24 (1) IN GENERAL.—The Commission may pro25 cure supplies, services, and property, and make or 


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1 enter into contracts, leases, or other legal agree2 ments, to carry out this Act (except that a contract, 

3 lease, or other legal agreement made or entered into 

4 by the Commission shall not extend beyond the date 

5 of termination of the Commission). 

6 (2) LIMITATION.—The Commission may not 

7 purchase real property. 

8 (e) POSTAL SERVICES.—The Commission may use 

9 the United States mails in the same manner and under 

10 the same conditions as other agencies of the Federal Gov11 ernment. 

12 (f) GRANTS AND TECHNICAL ASSISTANCE.—The 

13 Commission may— 

14 (1) provide grants in amounts not to exceed 

15 $20,000 per grant to communities and nonprofit or16 ganizations for use in developing programs to assist 

17 in the commemoration; 

18 (2) provide grants to research and scholarly or19 ganizations to research, publish, or distribute infor20 mation relating to the arrival of Africans in the 

21 United States; and 

22 (3) provide technical assistance to States, local23 ities, and nonprofit organizations to further the com24 memoration. 


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1 SEC. 6. COMMISSION PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), a member of the Commission shall serve 

5 without compensation. 

6 (2) FEDERAL EMPLOYEES.—A member of the 

7 Commission who is an officer or employee of the 

8 Federal Government shall serve without compensa9 tion other than the compensation received for the 

10 services of the member as an officer or employee of 

11 the Federal Government. 

12 (b) TRAVEL EXPENSES.—A member of the Commis13 sion shall be allowed travel expenses, including per diem 

14 in lieu of subsistence, at rates authorized for an employee 

15 of an agency under subchapter I of chapter 57 of title 

16 5, United States Code, while away from the home or reg17 ular place of business of the member in the performance 

18 of the duties of the Commission. 

19 (c) DIRECTOR AND STAFF.— 

20 (1) IN GENERAL.—The Chairperson of the 

21 Commission may, without regard to the civil service 

22 laws (including regulations), nominate an executive 

23 director to enable the Commission to perform the 

24 duties of the Commission. 


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1 (2) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director shall 

3 be subject to confirmation by the Commission. 

4 (d) COMPENSATION.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Commission may fix the compensation 

7 of the executive director and other personnel without 

8 regard to the provisions of chapter 51 and sub9 chapter III of chapter 53 of title 5, United States 

10 Code, relating to classification of positions and Gen11 eral Schedule pay rates. 

12 (2) MAXIMUM RATE OF PAY.—The rate of pay 

13 for the executive director and other personnel shall 

14 not exceed the rate payable for level V of the Execu15 tive Schedule under section 5316 of title 5, United 

16 States Code. 

17 (e) DETAIL OF GOVERNMENT EMPLOYEES.— 

18 (1) FEDERAL EMPLOYEES.— 

19 (A) DETAIL.—At the request of the Com20 mission, the head of any Federal agency may 

21 detail, on a reimbursable or nonreimbursable 

22 basis, any of the personnel of the agency to the 

23 Commission to assist the Commission in car24 rying out the duties of the Commission under 

25 this Act. 


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1 (B) CIVIL SERVICE STATUS.—The detail of 

2 an employee under subparagraph (A) shall be 

3 without interruption or loss of civil service sta4 tus or privilege. 

5 (2) STATE EMPLOYEES.—The Commission 

6 may— 

7 (A) accept the services of personnel de8 tailed from the State; and 

9 (B) reimburse the State for services of de10 tailed personnel. 

11 (f) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairperson of the Commission 

13 may procure temporary and intermittent services in ac14 cordance with section 3109(b) of title 5, United States 

15 Code, at rates for individuals that do not exceed the daily 

16 equivalent of the annual rate of basic pay prescribed for 

17 level V of the Executive Schedule under section 5316 of 

18 such title. 

19 (g) VOLUNTEER AND UNCOMPENSATED SERVICES.— 

20 Notwithstanding section 1342 of title 31, United States 

21 Code, the Commission may accept and use such voluntary 

22 and uncompensated services as the Commission deter23 mines to be necessary. 

24 (h) SUPPORT SERVICES.— 


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1 (1) IN GENERAL.—The Secretary shall provide 

2 to the Commission, on a reimbursable basis, such 

3 administrative support services as the Commission 

4 may request. 

5 (2) REIMBURSEMENT.—Any reimbursement 

6 under this paragraph shall be credited to the appro7 priation, fund, or account used for paying the 

8 amounts reimbursed. 

9 (i) NO EFFECT ON AUTHORITY.—Nothing in this 

10 section supersedes the authority of the National Park 

11 Service with respect to the commemoration. 

12 SEC. 7. PLANS; REPORTS. 

13 (a) STRATEGIC PLAN.—The Commission shall pre14 pare a strategic plan for the activities of the Commission 

15 carried out under this Act. 

16 (b) FINAL REPORT.—Not later than July 1, 2020, 

17 the Commission shall complete and submit to Congress a 

18 final report that contains— 

19 (1) a summary of the activities of the Commis20 sion; 

21 (2) a final accounting of funds received and ex22 pended by the Commission; and 

23 (3) the findings and recommendations of the 

24 Commission. 


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1 SEC. 8. TERMINATION OF COMMISSION. 

2 (a) DATE OF TERMINATION.—The Commission shall 

3 terminate on July 1, 2020. 

4 (b) TRANSFER OF DOCUMENTS AND MATERIALS.— 

5 Before the date of termination specified in subsection (a), 

6 the Commission shall transfer all documents and materials 

7 of the Commission to the National Archives or another 

8 appropriate Federal entity. 


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Calendar No. 612 

114TH CONGRESS 

2D SESSION H. R. 4539 

[Report No. 114–341] 

AN ACT 

To establish the 400 Years of African-American 

History Commission, and for other purposes. 

SEPTEMBER 6, 2016 

Reported without amendment 


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