[House Report 117-358]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 117-358
======================================================================
TO AMEND TITLE 36, UNITED STATES CODE, TO ESTABLISH THE COMPOSITION
KNOWN AS ``LIFT EVERY VOICE AND SING'' AS THE NATIONAL HYMN OF THE
UNITED STATES
_______
June 7, 2022.--Referred to the House Calendar and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 301]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 301) to amend title 36, United States Code, to
establish the composition known as ``Lift Every Voice and
Sing'' as the national hymn of the United States, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 7
Committee Estimate of Budgetary Effects.......................... 7
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 7
Duplication of Federal Programs.................................. 8
Performance Goals and Objectives................................. 8
Advisory on Earmarks............................................. 8
Section-by-Section Analysis...................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Minority Views................................................... 11
The amendment is as follows:
Strike all that follows after the enacting clause and
insert the following:
SECTION 1. FINDINGS.
Congress finds the following:
(1) ``Lift Every Voice and Sing'' is a beloved hymn that is
currently produced and distributed by approximately 40
religious publishing houses throughout the United States.
(2) ``Lift Every Voice and Sing'' is regularly sung at
various religious services and choir performances at community
and cultural events to commemorate the struggles that have
accompanied our Nation's ``pursuit of a more perfect Union''.
(3) James Weldon Johnson wrote the poem ``Lift Every Voice
and Sing'' in 1899 to celebrate the anniversary of President
Abraham Lincoln's birthday, and his brother, J. Rosamond
Johnson, set the poem to music.
(4) ``Lift Every Voice and Sing'' was first performed on
February 12, 1900, by a choir of 500 school children from the
Stanton School in the Johnsons' hometown of Jacksonville,
Florida, where James Weldon Johnson served as the principal.
(5) In 1905, Booker T. Washington's recognition of ``Lift
Every Voice and Sing'' helped to make it a very popular song in
Black communities throughout the United States.
(6) In 1906, President Theodore Roosevelt named James Weldon
Johnson to diplomatic positions in Venezuela and Nicaragua, and
when he returned to the United States, he became affiliated
with the NAACP.
(7) In the 1920s, the NAACP chose ``Lift Every Voice and
Sing'' as its official song and it was dubbed the ``Black
National anthem''.
(8) In 1934, James Weldon Johnson, a graduate of Clark
Atlanta University, became the first African-American professor
at New York University, and later served in a similar capacity
at Fisk University in Nashville, Tennessee.
(9) The lyrics of ``Lift Every Voice and Sing'' inspired the
16 foot sculpture, ``The Harp'' created by the renowned artist
Augusta Savage and commissioned by the 1939 New York World's
Fair.
(10) ``Lift Every Voice and Sing'' is sung at gatherings of
the Faith and Politics Institute, whose bipartisan programs and
pilgrimages include participation by Members of Congress, and
was co-chaired for many years by the late Congressmen, Democrat
John Lewis and Republican Amo Houghton, both of whom
transitioned in 2020.
SEC. 2. NATIONAL HYMN.
(a) In General.--Chapter 3 of title 36, United States Code, is
amended by adding at the end the following:
``Sec. 306. National hymn
``The composition consisting of the words and music known as `Lift
Every Voice and Sing' is designated as the national hymn of the United
States.''.
(b) Clerical Amendment.--The table of sections for chapter 3 of title
36, United States Code, is amended by adding at the end the following:
``306. National hymn.''.
Purpose and Summary
H.R. 301 would amend title 36 of the United States Code to
designate ``Lift Every Voice and Sing'' as the national hymn of
the United States.
Background and Need for the Legislation
``Lift Every Voice and Sing,'' which was first sung by
school children in 1900 to commemorate Abraham Lincoln's
birthday, has persisted in influence over the past 120 years.
The brothers James Weldon Johnson and J. Rosamond Johnson wrote
``Lift Every Voice and Sing'' at the turn of the 20th century,
a tumultuous time in American history when the vestiges of
slavery permeated the life of African Americans.\1\ Only 35
years before, the states ratified the 13th Amendment,
eradicating slavery. Although ratification of the 14th and 15th
Amendments came shortly thereafter, the glimmer of hope that
these amendments provided to African Americans soon vanished.
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\1\Burton W. Peretti, ```Lift Ev'ry Voice and Sing' --Manhattan
Harmony Four (1923); Melba Moore and Friends (1990),'' National
Recording Preservation Board, https://www.loc.gov/static/programs/
national-recording-preservation-board/documents/
LiftEveryVoiceAndSing.pdf.
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During the years following Reconstruction, previous
advances towards equality were being dismantled as white
southerners, and their northern allies, ``opposed all efforts
to extend human rights to [African Americans].''\2\ By 1877,
white southerners who wanted African Americans ``re-enslaved''
had prevailed through the passage of state-imposed Jim Crow
laws that enforced segregation based on race and imposed voting
restrictions to prevent African Americans from exercising their
right to vote.\3\ Matters only worsened in 1896 after the
Supreme Court upheld Jim Crow laws in Plessy v. Ferguson.\4\
All the while, the Ku Klux Klan wreaked havoc against African
Americans, initiating a campaign of racist terror, violence,
and murder.\5\ Hundreds of African Americans were the victims
of lynching, while many more were murdered in undocumented
racist killings.\6\ African American neighborhoods were
ransacked by mobs of white residents, some of whom had been
``deputized and given weapons by civil officials.''\7\ Through
all this, African Americans never ceased in their struggle for
freedom.
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\2\Ferris State University, Jim Crow Museum Timeline, Part 3 (1863-
1877), https://www.ferris.edu/HTMLS/news/jimcrow/timeline/
reconstruction.htm.
\3\See Freedom Riders: Jim Crow Laws, PBS, https://www.pbs.org/
wgbh/americanexperience/features/freedom-riders-jim-crow-laws/.
\4\Plessy v. Ferguson, 163 U.S. 537 (1896).
\5\See African American Heritage: Jim Crow & Reconstruction, NPS
Reconstruction Era, https://www.nps.gov/subjects/
africanamericanheritage/reconstruction.htm.
\6\See NAACP, History of Lynching In America, https://naacp.org/
find-resources/history-explained/history-lynching-america.
\7\Yuliya Parshina-Kottas, et al., What The Tulsa Race Massacre
Destroyed, NY Times (May 24, 2021), https://www.nytimes.com/
interactive/2021/05/24/us/tulsa-race-massacre.html.
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In writing the lyrics to ``Lift Every Voice and Sing,''
James Weldon Johnson was inspired by thoughts of the African
American experience, describing a history of oppression and
perseverance.\8\ ``Lift Every Voice and Sing'' is a song about
transcending those difficulties and maintaining hope for the
future. And, although ``Lift Every Voice and Sing'' is a song
that recognizes and is rooted in the history and progress of
African Americans, its influence and appeal extends beyond the
boundaries of race. From its inception to today, ``Lift Every
Voice and Sing,'' has and continues to unify individuals of all
cultures. It has been sung by congregations around the world,
associating the song with global struggles of persevering
through adversity.\9\ Dr. Timothy Askew, professor at Clark
Atlanta University and author of ``Cultural Hegemony and
African American Patriotism: An Analysis of the Song, `Lift
Every Voice and Sing,''' describes the song as an ``anthem of
universal uplift.''\10\
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\8\See Charles Johnson, MUSIC; An Ever-Lifting Song of Black
America, NY Times (Feb. 14, 1999), https://www.nytimes.com/1999/02/14/
arts/music-an-everlifting-song-of-black-america.html.
\9\Janelle Harris Dixon, Why The Black National Anthem Is Lifting
Every Voice to Sing, The Smithsonian (Aug. 10, 2020), https://
www.smithsonianmag.com/smithsonian-institution/why-black-national-
anthem-lifting-every-voice-sing-180975519/.
\10\Id.
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The sermonic quality of ``Lift Every Voice and Sing,''
coupled with its powerful lyrics of hope and perseverance, has
resonated at key gatherings such as inaugurations of presidents
of both political parties, civil rights demonstrations, and
national sporting and music events. It was endorsed by Booker
T. Washington in 1905 and later adopted by the NAACP, becoming
a rallying cry during the Civil Rights Movement of the 1950s
and 1960s.\11\ In 2018, Beyonce brought the song to the
attention of a new generation and a worldwide audience when she
performed it during her Coachella set.\12\ And in 2022, Mary
Mary and the Youth Orchestra performed the song during the 2022
Super Bowl.\13\
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\11\H.R. 301, 117th Cong. (2021); See also DeNeen L. Brown, The
History of `Lift Every Voice and Sing,' The Black Anthem Being Played
at NFL Games, Washington Post (Sept. 10, 2020), https://
www.washingtonpost.com/history/2020/09/10/nfl-lift-every-voice-black-
national-anthem/.
\12\Samantha Schmidt, `Lift Every Voice and Sing': The Story Behind
the `Black National Anthem' That Beyonce Sang, Washington Post (April
16, 2018), https://www.washingtonpost.com/news/morning-mix/wp/2018/04/
16/lift-every-voice-and-sing-the-story-behind-the-black-national-
anthem-that-beyonce-sang/.
\13\National Football League, Mary Mary and Youth Orchestra perform
Lift Every Voice and Sing during Super Bowl LVI, https://www.nfl.com/
videos/mary-mary-and-youth-orchestra-perform-lift-every-voice-and-sing-
during-super-bow.
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H.R. 301 is intended to foster national unity.
Representative James Clyburn introduced H.R. 301 on January 13,
2021, to serve as a ``form of healing'' in response to the
national racial reckoning following the police killing of
George Floyd, an unarmed African American man.\14\
Representative Clyburn explained that ``the struggles and hopes
[``Lift Every Voice and Sing''] describes also reflect the
experiences of many groups in America.''\15\ As emphasized by
Dr. Naomi Andre, a professor of Afroamerican and African
Studies at the University of Michigan, ```Lift Every Voice and
Sing' engages familiar audiences while welcoming new
communities.''\16\ Importantly, H.R. 301 does not propose to
replace the Star-Spangled Banner as the national anthem. It
merely adds an additional song to the country's repertoire of
nationally recognized music and allows ``Lift Every Voice and
Sing'' to remain permanently and formally incorporated into the
American musical canon.
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\14\Deena Zaru, In `act of healing,' Rep. James Clyburn calls for
making `Black national anthem' a national hymn, ABCNews (Jan. 14,
2021), https://abcnews.go.com/Politics/act-healing-rep-james-clyburn-
calls-making-black/story?id=75221927.
\15\Eryn Mathewson and Zoe Saunders, Why Rep. James Clyburn is
pushing to make `Lift Every Voice and Sing' the US national hymn, CNN
(Feb. 11, 2021), https://www.cnn.com/2021/02/11/us/lift-every-voice-
and-sing-james-clyburn/index.html.
\16\U.S. House Committee on the Judiciary, Examining the History
and Importance of ``Lift Every Voice and Sing,'' Hearing Before the
Subcomm. on the Constitution, Civil Rights, and Civil Liberties, 117
Cong. 5(2022) (Statement of by Dr. Naomi Andre).
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Hearings
For the purposes of clause 3(c)(6) of House Rule XIII, the
following hearing was used to consider H.R. 301: ``Examining
the History and Importance of `Lift Every Voice and Sing,'''
held on February 4, 2022, before the Subcommittee on the
Constitution, Civil Rights, and Civil Liberties. The
Subcommittee heard testimony from two witness panels.
Testifying on the first panel was:
Representative James E. Clyburn, House
Majority Whip and Sponsor of H.R. 301.
Testifying on the second panel were:
Mr. Leon W. Russell, Board Chairman,
National Association for the Advancement of Colored
People;
Dr. Dwandalyn Reece, Associate Director for
Curatorial Affairs at the Smithsonian Institution's
National Museum of African American History and
Culture;
Dr. Naomi Andre, Professor of Women's
Studies, the Department of Afroamerican and African
Studies, and the Residential College Arts and Ideas in
the Humanities program, University of Michigan;
Dr. Shana L. Redmond, Professor of English
and Comparative Literature, Columbia University;
Mr. Lloyd Washington, Historian and
President of Durkeeville Historical Society of
Jacksonville, Florida;
Ms. Melanie Edwards, Grandniece of James
Weldon Johnson (author of the lyrics to ``Lift Every
Voice and Sing'') and granddaughter of J. Rosamond
Johnson (composer); and
Mr. Clarence Henderson, President, Frederick
Douglass Foundation of North Carolina.
The hearing considered the history and the continuing
social and cultural relevance of ``Lift Every Voice and Sing''
and also assessed the merits of H.R. 301.
Committee Consideration
On April 6, 2022, the Committee met in open session and
ordered the bill, H.R. 301, favorably reported with an
amendment in the nature of a substitute, by a rollcall vote of
26 to 11, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House Rule XIII, the
following rollcall votes occurred during the Committee's
consideration of H.R. 301:
1. The motion to report H.R. 301, as amended, favorably was
agreed to by a rollcall vote of 26 to 11. The vote was as
follows:
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House Rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House Rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House Rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee sets forth,
with respect to the bill, H.R. 301, the following analysis and
estimate prepared by the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 17, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 301, a bill to
amend title 36, United States Code, to establish the
composition known as ``Lift Every Voice and Sing'' as the
national hymn of the United States.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 301 would designate the composition consisting of the
words and music known as ``Lift Every Voice and Sing'' as the
national hymn of the United States.
CBO estimates that implementing H.R. 301 would have no
effect on the federal budget.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, no provision
of H.R. 301 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House Rule XIII, H.R. 301 would foster national unity by
amending title 36 of the United States Code to designate ``Lift
Every Voice and Sing'' as the national hymn of the United
States.
Advisory on Earmarks
In accordance with clause 9 of House Rule XXI, H.R. 301
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House Rule XXI.
Section-by-Section Analysis
Section 1. Findings. Section 1 sets forth various findings
concerning the history and significance of ``Lift Every Voice
and Sing.''
Section 2. National Hymn. Section 2(a) amends chapter 3 of
title 36 of the United States Code by adding at the end the
following: ``Sec. 306. National hymn--The composition
consisting of the words and music known as `Lift Every Voice
and Sing' is designated as the national hymn of the United
States.'' Section 2(b) amends the table of sections for chapter
3 of title 36 of the United States Code to include at the end
the following: ``306. National hymn.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE I--PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES
* * * * * * *
PART A--OBSERVANCES AND CEREMONIES
* * * * * * *
CHAPTER 3--NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE
* * * * * * *
Sec.
* * * * * * *
306. National hymn.
* * * * * * *
Sec. 306. National hymn
The composition consisting of the words and music known as
``Lift Every Voice and Sing'' is designated as the national
hymn of the United States.
* * * * * * *
Minority Views
As a highly diverse and geographically large republic, the
United States has long eschewed traditional sources of national
unity--such as race and faith--in favor of a commitment to a
common set of ideals--like a belief that all men are created
equal and that America is a land of opportunity.\1\ The
American system of government ``includes a commitment to the
very systems that enable vastly different people to debate,
dissent, negotiate, exercise freedom, and protect particularism
so we are able not just to coexist but also to collaborate for
the common good.''\2\ These principles are best served when our
national symbols and observances reflect our shared ideals.
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\1\See, e.g., Andy Smarick, A Nationalism of Community, The Bulwark
(Dec. 29, 2021).
\2\Id.
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The patriotic observances currently enshrined in law, such
as ``The Star-Spangled Banner'' and ``Stars and Stripes
Forever,'' are not designed for a specific community or a
certain segment of the American population. They are meant to
recognize that Americans are one people committed to shared
American ideals. ``Lift Every Voice and Sing'' does not fit
this mold. While a beautiful composition, it is a symbol of a
segment of the American population. In 1920, the NAACP
proclaimed the song to be the African American national anthem,
``reflect[ing] the song's popularity in African American
schools, organizations, and churches.''\3\ Burton Peretti, a
scholar of American music, has described ``Lift Every Voice and
Sing'' as being ``an anthem for African Americans'' and a song
that is ``permeated with the legacy of slavery . . . and
haunted by the continued violent oppression of African
Americans.''\4\
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\3\Burton W. Peretti, ``Lift Ev'ry Voice and Sing''--Manhattan
Harmony Four (1923); Melba Moore and Fiends (1990), Library of Cong.
(2016);
\4\Id.
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Over the past several years, radical Democrats have
advanced the notion that America is fundamentally and
inherently a racist country. Some have argued that our
institutions and our symbols are racist and cannot be redeemed.
During the Committee's consideration of H.R. 301 at markup,
Rep. Steve Cohen argued that the Committee should favorably
report H.R. 301 because ``we have racism in our past. We had
slavery, slavery, S-L-A-V-E-R-Y. The opposite of freedom . . .
.''\5\ Similarly, after introducing H.R. 301, Rep. James
Clyburn argued in USA Today that the bill was necessary because
``it is clear that Mr. Key's `land of the free' [in `The Star-
Spangled Banner'] didn't include those held in bondage'' and
that ``[o]ur nation is at an inflection point as we continue to
struggle with issues of race.''\6\
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\5\Business Meeting. H. Comm. on the Judiciary, 116ths Cong. (Apr.
6, 2022).
\6\James E. Clyburn, Rep. James Clyburn: `Lift Every Voice and
Sing' would be both symbolic and substantive as our national hymn,
U.S.A. Today (Feb. 8, 2021).
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While not perfect, America is the best country in the
history of the world. Across the country, Americans in their
communities and in elected office strive to fulfill the
Constitution's promise of a more perfect union. This cannot be
done by focusing on our differences instead of what unites us.
Jim Jordan,
Ranking Member.
[all]