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Subtitle I—Patriotic and National Observances And Page 13 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS in the United States Code of a provision enacted by this PART A—OBSERVANCES AND CEREMONIES Act or by reason of a heading of the provision. ‘‘(f) SEVERABILITY.—If a provision enacted by this Act CHAPTER 1—PATRIOTIC AND NATIONAL is held invalid, all valid provisions that are severable OBSERVANCES from the invalid provision remain in effect. If a provi- sion enacted by this Act is held invalid in any of its ap- Sec. plications, the provision remains valid for all valid ap- 101. American Heart Month. plications that are severable from any of the invalid 102. Asian/Pacific American Heritage Month. applications.’’ 103. Cancer Control Month. Pub. L. 105–225, § 5, Aug. 12, 1998, 112 Stat. 1499, pro- 104. Carl Garner Federal Lands Cleanup Day. vided that: 105. Child Health Day. ‘‘(a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of 106. Constitution Day and Citizenship Day. this Act restate, without substantive change, laws en- 107. Columbus Day. acted before August 16, 1997, that were replaced by 108. Constitution Week. those sections. Those sections may not be construed as 109. Father’s Day. making a substantive change in the laws replaced. 110. Flag Day. Laws enacted after August 15, 1997, that are inconsist- 111. Gold Star Mother’s Day. ent with this Act supersede this Act to the extent of 112. Honor America Days. the inconsistency. 113. Law Day, U.S.A. 114. Leif Erikson Day. ‘‘(b) REFERENCES.—A reference to a law replaced by section 1 or 2 of this Act, including a reference in a reg- 115. Loyalty Day. ulation, order, or other law, is deemed to refer to the 116. Memorial Day. corresponding provision enacted by this Act. 117. Mother’s Day. 118. National Aviation Day. ‘‘(c) CONTINUING EFFECT.—An order, rule, or regula- 119. National Day of Prayer. tion in effect under a law replaced by section 1 or 2 of 120. National Defense Transportation Day. this Act continues in effect under the corresponding 121. National Disability Employment Awareness provision enacted by this Act until repealed, amended, Month. or superseded. 122. National Flag Week. ‘‘(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An 123. National Forest Products Week. action taken or an offense committed under a law re- 124. National Freedom Day. placed by section 1 or 2 of this Act is deemed to have 125. National Grandparents Day. been taken or committed under the corresponding pro- 126. National Hispanic Heritage Month. vision enacted by this Act. 127. National Korean War Veterans Armistice ‘‘(e) INFERENCES.—An inference of a legislative con- Day. struction is not to be drawn by reason of the location 128. National Maritime Day. in the United States Code of a provision enacted by this 129. National Pearl Harbor Remembrance Day. Act or by reason of a caption or catch line of the provi- 130. National Poison Prevention Week. sion. 131. National Safe Boating Week. ‘‘(f) SEVERABILITY.—If a provision enacted by this Act 132. National School Lunch Week. is held invalid, all valid provisions that are severable 133. National Transportation Week. from the invalid provision remain in effect. If a provi- 134. Pan American Aviation Day. sion enacted by this Act is held invalid in any of its ap- 135. Parents’ Day. plications, the provision remains valid for all valid ap- 136. Peace Officers Memorial Day. plications that are severable from any of the invalid 137. Police Week. applications.’’ 138. Save Your Vision Week. REPEALS AND SAVINGS PROVISIONS 139. Steelmark Month. 140. Stephen Foster Memorial Day. Pub. L. 105–354, § 5(a), Nov. 3, 1998, 112 Stat. 3245, pro- 141. Thomas Jefferson’s birthday. vided that: ‘‘The repeal of a law by this Act may not be 142. White Cane Safety Day. construed as a legislative inference that the provision 143. Wright Brothers Day. was or was not in effect before its repeal.’’ 144. Patriot Day. Pub. L. 105–354, § 5(b), Nov. 3, 1998, 112 Stat. 3245, re- 145. Veterans Day. pealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings AMENDMENTS that were begun before Nov. 3, 1998. 2016—Pub. L. 114–240, § 2(b), Oct. 7, 2016, 130 Stat. 975, Pub. L. 105–225, § 6(a), Aug. 12, 1998, 112 Stat. 1499, pro- added item 145. vided that: ‘‘The repeal of a law by this Act may not be 2004—Pub. L. 108–447, div. J, title I, § 111(c)(2), Dec. 8, construed as a legislative inference that the provision 2004, 118 Stat. 3345, inserted ‘‘Constitution Day and’’ be- was or was not in effect before its repeal.’’ fore ‘‘Citizenship Day’’ in item 106. Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499, re- 2001—Pub. L. 107–89, § 2, Dec. 18, 2001, 115 Stat. 877, pealed specified laws, except for rights and duties that added item 144. matured, penalties that were incurred, and proceedings that were begun before Aug. 12, 1998. 400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION Pub. L. 115–102, Jan. 8, 2018, 131 Stat. 2248, provided Subtitle I—Patriotic and National that: Observances and Ceremonies ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘400 Years of African- AMENDMENTS American History Commission Act’. 2014—Pub. L. 113–237, § 3(a)(2)(A), Dec. 18, 2014, 128 ‘‘SEC. 2. DEFINITIONS. Stat. 2835, struck out item for part A ‘‘Observances and ‘‘In this Act: Ceremonies’’, which consisted of items for chapters 1 to ‘‘(1) COMMEMORATION.—The term ‘commemoration’ 9, and item for part B ‘‘United States Government Or- means the commemoration of the 400th anniversary ganizations Involved With Observances and Cere- of the arrival of Africans in the English colonies, at monies’’, which consisted of items for chapters 21 to 25. Point Comfort, Virginia, in 1619. 2004—Pub. L. 108–447, div. J, title I, § 109(b)(1), Dec. 8, ‘‘(2) COMMISSION.—The term ‘Commission’ means 2004, 118 Stat. 3344, substituted ‘‘March, and Tree’’ for the 400 Years of African-American History Commis- ‘‘, and March’’ in item for chapter 3. sion established by section 3(a). TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 14 AND ORGANIZATIONS ‘‘(3) SECRETARY.—The term ‘Secretary’ means the ‘‘(A) the arrival of Africans in the United States; Secretary of the Interior. and ‘‘SEC. 3. ESTABLISHMENT. ‘‘(B) the contributions of African-Americans to the United States; ‘‘(a) IN GENERAL.—There is established a commission, ‘‘(5) ensure that the commemoration provides a to be known as the ‘400 Years of African-American His- lasting legacy and long-term public benefit by assist- tory Commission’. ing in the development of appropriate programs; and ‘‘(b) MEMBERSHIP.— ‘‘(6) help ensure that the observances of the com- ‘‘(1) COMPOSITION.—The Commission shall be com- memoration are inclusive and appropriately recog- posed of 15 members, of whom— nize the experiences and heritage of all individuals ‘‘(A) three members shall be appointed by the present at the arrival of Africans in the United Secretary after considering recommendations of States. Governors, including the Governor of Virginia; ‘‘(B) six members shall be appointed by the Sec- ‘‘SEC. 4. COMMISSION MEETINGS. retary after considering recommendations of civil ‘‘(a) INITIAL MEETING.—Not later than 30 days after rights organizations and historical organizations; the date on which all members of the Commission have ‘‘(C) one member shall be an employee of the Na- been appointed, the Commission shall hold the initial tional Park Service having experience relative to meeting of the Commission. the historical and cultural resources related to the ‘‘(b) MEETINGS.—The Commission shall meet— commemoration, to be appointed by the Secretary; ‘‘(1) at least three times each year; or ‘‘(D) two members shall be appointed by the Sec- ‘‘(2) at the call of the Chairperson or the majority retary after considering the recommendations of of the members of the Commission. the Secretary of the Smithsonian Institution; and ‘‘(c) QUORUM.—A majority of the voting members ‘‘(E) three members shall be individuals who have shall constitute a quorum, but a lesser number may an interest in, support for, and expertise appro- hold meetings. priate to the commemoration, appointed by the ‘‘(d) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(1) ELECTION.—The Commission shall elect the Secretary after considering the recommendations Chairperson and the Vice Chairperson of the Commis- of Members of Congress. sion on an annual basis. ‘‘(2) TIME OF APPOINTMENT.—Each appointment of ‘‘(2) ABSENCE OF THE CHAIRPERSON.—The Vice Chair- an initial member of the Commission shall be made person shall serve as the Chairperson in the absence before the expiration of the 120-day period beginning of the Chairperson. on the date of enactment of this Act [Jan. 8, 2018]. ‘‘(e) VOTING.—The Commission shall act only on an ‘‘(3) TERM; VACANCIES.— affirmative vote of a majority of the members of the ‘‘(A) TERM.—A member of the Commission shall Commission. be appointed for the life of the Commission. ‘‘(B) VACANCIES.— ‘‘SEC. 5. COMMISSION POWERS. ‘‘(i) IN GENERAL.—A vacancy on the Commission ‘‘(a) GIFTS.—The Commission may solicit, accept, shall be filled in the same manner in which the use, and dispose of gifts, bequests, or devises of money original appointment was made. or other property for aiding or facilitating the work of ‘‘(ii) PARTIAL TERM.—A member appointed to the Commission. fill a vacancy on the Commission shall serve for ‘‘(b) APPOINTMENT OF ADVISORY COMMITTEES.—The the remainder of the term for which the prede- Commission may appoint such advisory committees as cessor of the member was appointed. the Commission determines to be necessary to carry ‘‘(C) CONTINUATION OF MEMBERSHIP.—If a member out this Act.
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