[Congressional Record Volume 162, Number 107 (Tuesday, July 5, 2016)]
[House]
[Pages H4260-H4263]
From the Congressional Record Online through the 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,
[[Page H4261]]
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.
(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
[[Page H4262]]
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 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
[[Page H4263]]
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.
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.
____________________