[Senate Report 114-350]
[From the U.S. Government Publishing Office]
Calendar No. 626
114th Congress } { Report
SENATE
2d Session } { 114-350
======================================================================
400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT
_______
September 13, 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 S. 2548]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2548) to establish the 400 Years of
African-American History Commission, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Beginning on page 2, strike line 13 and all that follows
through page 3, line 15; and insert the following:
(1) Composition.--The Commission shall be composed of
15 members, of whom--
(A) 3 members shall be appointed by the
Secretary, after considering the
recommendations of Governors of States,
including the Governor of Virginia;
(B) 6 members shall be appointed by the
Secretary, after considering the
recommendations of civil rights organizations
and historical organizations;
(C) 1 member shall be an employee of the
National Park Service having experience
relating 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, to be
appointed by the Secretary, after considering
the recommendations of Members of Congress.
PURPOSE
The purpose of S. 2548 is to establish the 400 Years of
African-American History Commission.
BACKGROUND AND NEED
In August 1619, the first documented Africans arrived by
warship at Point Comfort in the English colony of Virginia. The
group, recorded upon arrival as ``20 and odd Negros,'' was 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 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
Senator Kaine introduced S. 2548, on February 11, 2016. The
Subcommittee on National Parks held a hearing on S. 2548 on
June 15, 2016.
Representative Scott introduced similar legislation to S.
2548, H.R. 4539, in the House of Representatives on February
11, 2016. H.R. 4539 passed the House of Representatives by
voice vote on July 5, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 2548
favorably reported as amended.
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 S.
2548, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2548, the Committee adopted
an amendment to modify the composition of the 400 Years of
African-American History Commission. The Commission will be
comprised of 15 members, all appointed by the Secretary of the
Interior. The revised composition includes three members
appointed in light of the recommendations of State Governors;
six members appointed in light of the recommendations of civil
rights and historical organizations; one employee of the
National Park Service (NPS) appointed based on experience
connected to the historical and cultural resources related to
the commemoration; two members appointed in light of the
recommendations of the Secretary of the Smithsonian
Institution; and three members appointed in light of the
recommendations of Members of Congress.
As amended, S. 2548 is identical to the House-passed
companion measure, H.R. 4539, which was also ordered reported
by the Committee on July 13, 2016.
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 and in consultation with
various entities such as State Governors; civil rights and
historical organizations; the NPS; the Secretary of the
Smithsonian Institution; and Members of Congress. The
subsection specifies that 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
member 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-profits 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 its 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. Authorization of appropriations
Section 8(a) authorizes such sums as may be necessary to
carry out the Act.
Subsection (b) states that any appropriated funds shall
remain available to the Commission until July 1, 2020.
Section 9. Termination of Commission
Section 9(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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 11, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2548, the 400 Years
of African-American History Commission Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
S. 2548--400 Years of African-American History Commission Act
S. 2548 would establish a commission to plan activities and
make grants to organizations to develop programs and events to
commemorate 400 years of African American history in the United
States. The bill would authorize the appropriation of such sums
as may be necessary for that commission. 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
to commemorate that 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 establishing the commission would cost about $2 million
annually and total $8 million over the 2017-2020 period,
assuming appropriation of the necessary amounts. Enacting the
bill 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 S.
2548 would not affect revenues.
CBO estimates that enacting S. 2548 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2548 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.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy 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 S. 2548. 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 S. 2548, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2548, 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, Subcommittee on National Parks hearing on S.
2548 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.