[Senate Report 114-341]
[From the U.S. Government Publishing Office]
Calendar No. 612
114th Congress } { Report
SENATE
2d Session } { 114-341
======================================================================
400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT
_______
September 6, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4539]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 4539) to establish the 400 Years of
African-American History Commission, and for other purposes,
having considered the same, reports favorably without amendment
and recommends that the bill do pass.
PURPOSE
The purpose of H.R. 4539 is to establish the 400 Years of
African-American History Commission.
BACKGROUND AND NEED
In August 1619, the first documented Africans arrived in
the English colony of Virginia. The group, recorded upon
arrival as ``20 and odd Negros,'' was part of a larger group of
West Africans enslaved by Portugese slavetraders. They were on
their way to Vera Cruz aboard a Portugese ship, when they were
captured off the coast of Mexico by the White Lion, an English
warship, flying a Dutch flag, and operating under Dutch letters
of marque. The White Lion transported them to Virginia, where
they were put ashore at Old Point Comfort, in what is now
Hampton, Virginia, and sold as involuntary laborers or
indentured servants. Slavery had not been institutionalized at
that point so these Africans were informed they would work
under contract for a certain period of time before being
granted freedom and the rights afforded other settlers. White
indentured servants were listed along with their year of
expected freedom whereas no such year accompanied the names of
the African indentured servants.
The historic arrival of the group of ``20 and odd Negros'''
marked the beginning of the trend in colonial America where
people of Africa were taken unwillingly from their homeland,
transplanted, and committed to lifelong slavery and racial
discrimination.
August 2019 will mark 400 years since the first arrival of
Africans to present day America. There is an interest in
commemorating the contributions that Americans of African
descent have made to help shape the cultural, academic, social,
economic, and moral attributes of this nation. A federal ``400
Years of African-American History Commission'' would mark this
historic heritage.
LEGISLATIVE HISTORY
Representative Scott introduced H.R. 4539 on February 11,
2016. H.R. 4539 passed the House of Representatives by voice
vote on July 5, 2016.
Senator Kaine introduced similar legislation, S. 2548, in
the Senate on February 11, 2016. The Subcommittee on National
Parks held a hearing on S. 2548 on June 15, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered H.R. 4539
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
4539.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title.
Section 2. Definitions
Section 2 contains key definitions.
Section 3. Establishment
Section 3(a) establishes the ``400 Years of African-
American History Commission''.
Subsection (b) designates the composition of the 15-member
Commission, appointed by the Secretary of the Interior and in
consultation with various entities such as State Governors;
civil rights and historical organizations; the National Park
Service (NPS); the Secretary of the Smithsonian Institution;
and Members of Congress. The subsection specifies initial
members of the Commission must be appointed within 120 days
after the Act's enactment; appointment terms are for the life
of the Commission; vacancies are to be filled in the same
manner as an original appointment; and those appointed to fill
a vacancy shall serve the remainder of the term for which the
predecessor was appointed. In addition, the subsection
restricts the service of a member appointed as the NPS employee
to no more than 30 days after the members ceases to be an NPS
employee.
Subsection (c) sets from the Commission's duties, including
the requirements to plan, develop, and carry out a wide array
of programs; encourage civic, patriotic, historical,
educational, artistic, religious, economic, and other
organizations throughout the country to commemorate
contributions made by African-Americans to the nation since
1619; develop appropriate programs and anniversary activities;
ensure that commemoration observances are inclusive; and
educate the public on the impact of slavery and laws that
enforced racial discrimination on the U.S.
Section 4. Commission meetings
Section 4(a) directs the Commission to hold its initial
meeting not later than 30 days after all members are appointed.
Subsection (b) instructs the Commission to meet at least
three times each year or at the call of the Chairperson or the
majority of Commission members.
Subsection (c) specifies that a majority of the voting
members shall constitute a quorum, but a lesser number may hold
meetings.
Subsection (d) directs the Commission to elect a
Chairperson and Vice Chairperson on an annual basis, with the
Vice Chairperson serving as Chairperson in the absence of the
Chairperson.
Subsection (e) states the Commission shall act only on an
affirmative vote of a majority of the Commission members.
Section 5. Commission powers
Section 5(a) allows the Commission to accept, use, and
dispose of gifts or devises of money or other property in
support of the Commission's work.
Subsection (b) permits the Commission to appoint advisory
committees as needed to carry out the Act.
Subsection (c) grants any member or employee of the
Commission to take any action authorized under the Act.
Subsection (d) authorizes the Commission to enter into
contracts, leases or other legal agreements that cannot extend
beyond the date of termination of the Commission for the
purpose of procuring supplies, services, and property in
support of the Act.
Subsection (e) enables the Commission to utilize the U.S.
Postal Service under the same conditions and manner as used by
other federal government agencies.
Subsection (f) permits the Commission to provide grants of
up to $20,000 to communities and non-profit organizations,
research and scholarly organizations, and State and localities
to assist with and further the commemoration.
Section 6. Commission personnel matters
Section 6(a) specifies that a member of the Commission
shall serve without compensation and that members who are
federal employees shall receive only compensation for their
service with the federal government.
Subsection (b) allows a member of the Commission travel
expenses while performing duties of the Commission away from
the regular place of business, including a per diem.
Subsection (c) authorizes the Chairperson of the Commission
to nominate an executive director, to be confirmed by the
Commission, to perform the duties of the Commission.
Subsection (d) sets forth the compensation and maximum rate
of pay for the executive director.
Subsection (e) specifies that any federal agency, on a
reimbursable or non-reimbursable basis and at the request of
the Commission, may detail any personnel of the agency, without
interruption or loss of civil service status or privilege, to
the Commission to assist in carrying out the duties of the
Commission under the Act. The subsection also allows the
Commission to accept detail services from state employees with
reimbursement to the state for those services.
Subsection (f) permits the Chairperson of the Commission to
procure temporary and intermittent services.
Subsection (g) allows the Commission to accept and use
voluntary and uncompensated services as deemed necessary.
Subsection (h) requires the Secretary to provide
administrative support to the Commission as requested on a
reimbursable basis to be credited to the account used for
paying the amount reimbursed.
Subsection (i) states that nothing in this section
supersedes the authority of the NPS with respect to the
commemoration.
Section 7. Plans; reports
Section 7(a) requires the Commission to complete a
strategic plan for the activities.
Subsection (b) directs the Commission to submit a final
report to Congress, no later than July 1, 2020, that summarizes
the activities of the Commission, gives a final accounting of
the funds received and expended by the Commission, and lists
all findings and recommendations.
Section 8. Termination of commission
Section 8(a) terminates the Commission on July 1, 2020.
Subsection (b) requires the Commission to transfer all
documents and materials of the Commission to the National
Archives or another appropriate federal entity before the
termination date.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
H.R. 4539--400 Years of African-American History Commission Act
H.R. 4539 would establish a commission to plan activities
and provide grants to develop programs and events to
commemorate 400 years of Africian American history in the
United States. The act would authorize the appropriation of
whatever sums are necessary for those purposes. The commission
would consist of 15 members and would have four years to report
to the Congress on its activities. Members would serve without
pay but would be reimbursed for travel expenses. The
legislation would allow the commission to make grants to
communities, nonprofit organizations, and other groups to
conduct activities that commemorate the anniversary. In
addition, the commission could hire staff, use personnel from
other federal agencies or state governments, and accept
volunteers to perform its work. The commission would submit a
final report to the Congress and terminate on July 1, 2020.
Based on the cost of similar commissions, CBO estimates
that implementing the bill would cost about $2 million annually
and a total of $8 million over the 2017-2020 period, assuming
appropriation of the necessary amounts. Enacting H.R. 4539
would affect direct spending because it would authorize the
commission to accept and spend monetary gifts; therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net
effect on direct spending would be negligible. Enacting H.R.
4539 would not affect revenues.
CBO estimates that enacting H.R. 4539 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4539 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On August 11, 2016, CBO transmitted a cost estimate for S.
2548, the 400 Years of African-American History Commission Act,
as ordered reported by the Senate Committee on Energy and
Natural Resources on July 13, 2016. The two pieces of
legislation are similar and CBO's estimates of their cost are
the same.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo,
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 4539. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 4539, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 4539, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
June 15, 2016, hearing on S. 2548, the companion bill to H.R.
4539, follows:
Statement of Dr. Stephanie Toothman, Associate Director for Cultural
Resources, Partnerships, and Science, National Park Service, U.S.
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 2548, a bill to establish the 400 Years of
African-American History Commission.
The Department supports S. 2548, however, we would like to
work with the committee on the composition of the commission.
S. 2548 would create the 400 Years of African-American
History Commission (Commission) to commemorate four centuries
of African-American history in the United States. Through
programs, activities, education, and outreach, the Commission
would honor the arrival of Africans in the United States and
the contributions of African-Americans throughout the nation.
The Commission would consist of 15 members appointed by the
Secretary of the Interior, including an employee of the
National Park Service (NPS). It also authorizes the Commission
to provide grants of up to $20,000 and technical assistance to
communities and nonprofit organizations for the development of
programs, projects, and activities to assist in the
commemoration. It would also provide grants to research and
scholarly organizations to research, publish, and distribute
information relating to the arrival of Africans in the United
States. The bill would allow federal employees to be detailed
to the Commission, at the Commission's request. Finally, the
bill provides the authorization of funds until the Commission
terminates on July 1, 2020.
When the first African people arrived in the English
colonies at Point Comfort, Virginia, in 1619, it was not in the
pursuit of a new life, wealth, or freedom from oppression; it
was in bondage, against their will, with a loss of their
freedom. Their arrival marked the beginning of a long and
difficult narrative of slavery, resistance, reconstruction, and
civil rights, with the story still being written today.
However, in all the tragedy and hardship that is interwoven
into the history of slavery in America, there is a greater
narrative of resilience and perseverance, making it one of the
greatest survival stories rarely told and not fully understood.
The work of this Commission would support the research,
preservation, and commemoration of this 400-year history of
courage, determination, and great accomplishment in the face of
brutal oppression.
There are several units in the National Park System that
help to tell the story of the African-American struggle and
triumph, including the Harriet Tubman Underground Railroad
National Monument, the Charles Young Buffalo Soldiers National
Monument, and the African Burial Ground National Monument.
However, the NPS recognizes that there are countless sites
outside of the system that deserve recognition. These sites and
stories related to African-American history have not always
been fully recognized or preserved, and are often in danger of
being lost or destroyed. If enacted, S. 2548 would establish a
Commission that could prevent further loss through partnership
coordination, research, educational outreach efforts, technical
assistance, and commemoration activities leading up the 400-
year anniversary of African-American history. Establishing a
commission to commemorate and recognize the resilience and
contributions of African-Americans since 1619, as envisioned in
S. 2548, would provide the nation an opportunity to reflect
upon their struggles and successes within an environment that
would be inclusive and contemplative. The Department of the
Interior and the National Park Service stand ready to
contribute their resources and expertise to this important
commemoration. Ultimately, the Commission would create greater
public insight, foster preservation, and promote increased
awareness of this 400-year narrative of great resilience and
immeasurable contribution to our American story.
While we support establishment of this Commission, we would
like to work with the committee to ensure that the Commission
represents a diverse composition of national, state, local, and
private individuals.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other members of the
subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
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