There is established a commission to be known as the National Afro-American History and Culture Commission (hereinafter in this chapter referred to as the “Commission”) which shall be composed of fifteen members, as specified in section 3702 of this title.
The Commission shall have the following duties:
(1) The Commission shall be responsible for the development of a definitive plan for the construction and operation of the National Center for the Study of Afro-American History and Culture and shall submit the plan, together with any recommendations for additional legislation, to the President of the United States and the Congress not later than twenty-four months after October 10, 1980. The plan shall include, but not be limited to, identification of—
(A) the main objectives to be achieved by the establishment, development, and operation of the National Center for the Study of Afro-American History and Culture;
(B) the types of uses, both public and private, to be accommodated by such a center;
(C) the criteria and recommendations for the design and appearance of such a center;
(D) the proposed ownership and operation of the center;
(E) the criteria and recommendations for interpretive, cultural, and educational programs and uses of the center;
(F) the areas where cooperative agreements might be developed between the center and Afro-American institutions, organizations, and universities to enhance their programs and projects relating to the knowledge, preservation, and presentation of the history and culture of Afro-Americans;
(G) the estimates of costs, both public and private, for implementing the plan; and
(H) the procedures to be used in implementing the plan.
(2)(A) The Commission shall solicit subscriptions of funds from private and public sources to help meet the costs of carrying out its duties under this section; the costs of the construction, furnishing, and operation of the center; the costs of research programs and research staff positions, and reasonable administrative costs which may include, subject to the availability of funds, payment to members of the Commission of travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. Any funds so received by the Commission shall be placed in a special deposit account with the Treasurer of the United States, and may be expended by the Commission only to meet the costs specified in this subparagraph.
(B) The General Services Administration, the Smithsonian Institution, and other agencies of the Government may donate or loan to the Commission for the purposes of the center any works of art, artifacts, or other materials under their control.
For the purpose of carrying out this chapter, the Commission may—
(1) acquire by gift, purchase with appropriated or donated funds (including funds from State or local sources), transfer from any Federal or State agency, exchange, or otherwise, suitable land (together with any buildings or other improvements thereon) and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center;
(2) borrow or acquire by gift, purchase with appropriated or donated funds (including funds from State or local sources), or otherwise, any other real or personal property necessary for the establishment and operation of the center; and
(3) sell, exchange, or otherwise dispose of any property acquired under this subsection and designate any proceeds from such disposal for the benefit of the center.
(Pub. L. 96–430, title II, §202, Oct. 10, 1980, 94 Stat. 1846.)
Section 201 of title II of Pub. L. 96–430 provided that: “This title [enacting this chapter] may be cited as the ‘National Center for the Study of Afro-American History and Culture Act’.”
The Commission shall be composed of fifteen members as follows:
(1) The Secretary of the Interior (or his designee).
(2) The Secretary of Education (or his designee).
(3) The Librarian of Congress (or his designee).
(4) The President of the Association for the Study of Afro-American Life and History.
(5) The presidents of Wilberforce University and Central State University in Ohio.
(6) Nine members appointed by the President, who are especially qualified to serve on the Commission by reason of their background and experience. No more than two members appointed under this paragraph shall be from any one State.
Subject to subsection (c) of this section, the members of the Commission specified in paragraphs (1) through (5) of subsection (a) of this section shall serve for the life of the Commission. The members of the Commission appointed under paragraph (6) of such subsection shall serve for terms of four years, except that of the members first appointed—
(1) three shall be appointed for terms of one year;
(2) three shall be appointed for terms of two years; and
(3) three shall be appointed for terms of four years;
as designated by the President at the time of appointment.
If any member of the Commission who was appointed to the Commission under paragraphs (1) through (5) 1 as an officer designated under such paragraphs leaves such office, such member may continue as a member of the Commission for not longer than the thirty-day period beginning on the date he leaves that office.
(1) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(2) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Members may be reappointed.
Six members of the Commission shall constitute a quorum.
The Commission shall act by affirmative majority vote.
The Commission shall elect a chairman and other officers from among its members to serve for terms established by the Commission.
The Commission shall meet at the call of the chairman or a majority of its members, but not less than two times each year. The headquarters of the Commission shall be at Wilberforce, Ohio, and the Commission shall conduct its meetings in such city unless circumstances otherwise require.
The Commission may adopt an official seal which shall be judicially noticed and may make such bylaws, rules, and regulations as it considers necessary to carry out its functions under this chapter.
Members of the Commission shall serve without pay.
The Commission may procure, subject to the availability of funds, temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5.
Upon request of the Commission, and subject to the availability of funds, the head of any Federal agency may detail to the Commission on a reimbursable basis any of the personnel of such agency to assist the Commission in carrying out its duties under this chapter.
The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request to carry out its duties under this chapter.
(Pub. L. 96–430, title II, §203, Oct. 10, 1980, 94 Stat. 1847.)
1 So in original. Probably should be followed by “of subsection (a) of this section”.
Section, Pub. L. 96–430, title II, §204, Oct. 10, 1980, 94 Stat. 1848, which required the National Afro-American History and Culture Commission to submit to appropriate committees of Congress a report containing a detailed statement of the financial transactions of the Commission and the activities undertaken by the Commission during the previous year, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 179 of House Document No. 103–7.