[House Report 115-105]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-105
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400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION ACT
_______
May 1, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1242]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1242) to establish the 400 Years of
African-American History Commission, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 1
Section-by-Section............................................... 2
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 5
Roll Call Votes.................................................. 5
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 6
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 7
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 1242 is to establish the 400 Years of
African-American History Commission.
BACKGROUND AND NEED FOR LEGISLATION
The first documented arrival of Africans to the English
colonies occurred in August 1619, when a group of approximately
20 individuals disembarked from a ship at Point Comfort,
Virginia. Since slavery was not institutionalized at that
point, the individuals were sold as involuntary labor or
indentured servants, and told they would work under contract
for a certain period of time before being granted freedom and
the rights of other settlers.\1\ This moment marked a painful,
but significant, time in colonial America, when Africans were
taken against their will, transplanted, and committed to lives
of slavery.
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\1\John Thornton, The African Experience of the ``20 and Odd
Negroes'' Arriving in Virginia in 1619, William and Mary Quarterly
(July 1998), available at www.jstor.org/stable/
2674531?seq=1#page_scan_tab_contents.
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August 2019 will mark 400 years since that initial entrance
to the colonies. H.R. 1242 establishes the ``400 Years of
African-American History Commission'' to develop and carry out
activities throughout the United States to commemorate the
arrival of Africans. The Commission will also celebrate the
contributions African-Americans have made since 1619, despite
the debilitating effects of slavery and racial discrimination.
LEGISLATIVE HISTORY
On February 28, 2017, Representative Bobby Scott (D-VA)
introduced H.R. 1242, the 400 Years of African-American History
Commission Act. H.R. 1242 was referred to the Committee on
Oversight and Government Reform. The Committee considered H.R.
1242 at a business meeting on March 28, 2017, and ordered the
bill reported favorably, without amendment, by voice vote.
In the 114th Congress, Representative Scott introduced H.R.
4539, the 400 Years of African-American History Commission Act
on February 11, 2016. H.R. 4539 was referred to the Committee
on Oversight and Government Reform. On July 5, 2016, the bill,
as amended, passed the House under suspension by voice vote.
SECTION-BY-SECTION
Section 1. Short title
The short title of the bill is the ``400 Years of African-
American History Commission Act.''
Section 2. Definitions
Section 2 defines ``commemoration'' as the commemoration of
the 400th anniversary of the arrival of Africans in the English
colonies, at Point Comfort, Virginia, in 1619. Section 2
defines ``commission'' as the 400 Years of African-American
History Commission established by section 3(a). Section 2 also
defines ``Secretary'' as the Secretary of the Interior.
Section 3. Establishment
Subsection (a) establishes the Commission.
Subsection (b) establishes the membership of the
commission, and paragraph (1) of subsection (b) sets out the
composition of the Commission.
Subparagraph (A) of paragraph (1) directs the Secretary of
the Interior to appoint three members to the Commission after
considering recommendations of Governors, including the
Governor of Virginia.
Subparagraph (B) directs the Secretary to appoint six
members to the Commission after considering recommendations of
civil rights organizations and historical organizations.
Subparagraph (C) directs the Secretary to appoint one
member to the Commission that is an employee of the National
Park Service having experience relative to the historical and
cultural resources related to the commemoration.
Subparagraph (D) directs the Secretary to appoint two
members to the Commission after considering the recommendations
of the Secretary of the Smithsonian Institution.
Subparagraph (E) directs the Secretary to appoint three
members to the Commission who have an interest in, support for,
and expertise appropriate to the commemoration after
considering the recommendations of Members of Congress.
Paragraph (2) of subsection (b) requires that the Secretary
make all appointments within 120 days of enactment of the bill.
Paragraph (3) sets the terms of the Commissioners and
establishes the process for vacancies.
Subparagraph (A) of paragraph (3) notes that a member of
the Commission shall be appointed for the life of the
Commission.
Subparagraph (B) notes that a vacancy on the Commission
shall be filled in the same manner in which the original
appointment was made. Subparagraph (B) further notes that a
member appointed to fill a vacancy on the Commission shall
serve for the remainder of the term for which the predecessor
of the member was appointed.
Subparagraph (C) sets out that if a member of the
Commission was appointed to the Commission as an employee of
the National Park Service, and then leaves the National Park
Service, that member can only continue on the Commission for 30
days after when they left the National Park Service.
Subsection (c) of section 3 describes the activities of the
Commission.
Paragraph (1) of subsection (c) tasks the Commission with
planning, developing, and carrying out programs and activities
throughout the United States that it deems appropriate for the
commemoration to recognize and highlight the resilience and
contributions of African-Americans since 1619.
Subparagraph (C) of paragraph (1) notes that the Commission
is to acknowledge the impact that slavery and laws that
enforced racial discrimination had on the United States.
Subparagraph (D) tasks the Commission with educating the
public about the arrival of Africans in the United States and
the contributions of African-Americans to the United States.
Paragraph (2) of subsection (c) notes that the Commission
is to encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand understanding and appreciation
of the significance of the arrival of Africans in the United
States and the contributions of African-Americans to the United
States.
Paragraph (3) directs the Commission to provide technical
assistance to States, localities, and nonprofit organizations
to further the commemoration.
Paragraph (4) directs the Commission to coordinate and
facilitate for the public scholarly research on, publication
about, and interpretation of the arrival of Africans in the
United States and the contributions of African-Americans to the
United States.
Paragraph (5) ensures that the Commission's commemoration
provides a lasting legacy and long-term public benefit by
assisting in the development of appropriate programs.
Paragraph (6) requires that the Commission help ensure that
the observances of the commemoration are inclusive and
appropriately recognize the experiences and heritage of all
individuals present at the arrival of Africans in the United
States.
Section 4. Commission meetings
Subsection (a) of section 4 requires the Commission to meet
within 30 days of all Commission members being appointed.
Subsection (b) requires the Commission to meet at least
three times a year or at the call of the Chairperson or the
majority of the members of the Commission.
Subsection (c) notes that the majority of the Commission's
members constitutes a quorum, but fewer members can hold
meetings.
Subsection (d) notes that the Commission is to elect the
Chairperson and Vice Chairperson of the Commission on an annual
basis. Subsection (d) further notes that the Vice Chairperson
is to serve as the Chairperson in the Chairperson's absence.
Subsection (e) requires the Commission to only act on an
affirmative vote of the majority of the members of the
Commission.
Section 5. Commission powers
Subsection (a) of section 5 allows the Commission to
solicit, accept, use, and dispose of gifts or other property
for aiding or facilitating the work of the Commission.
Subsection (b) allows the Commission to appoint advisory
Committees the Commission deems necessary.
Subsection (c) authorizes the Commission to allow members
to take action the Commission is authorized to take under the
bill.
Subsection (d) allows the Commission to procure supplies,
services, and property and make or enter into contracts,
leases, or legal agreements. It is limited in that the
Commission cannot purchase real property.
Subsection (e) allows the Commission to use the United
States Postal Service mail systems in the same way as other
federal agencies.
Subsection (f) allows the Commission to provide grants that
are not to exceed $20,000 per grant to communities and
nonprofit organizations, to provide grants to research and
scholarly organizations, and to provide technical assistance to
state and local organizations.
Section 6. Commission personnel matters
Subsection (a) of section 6 states members of the
Commission are to serve without compensation. However, if a
member of the Commission is an officer or employee of the
federal government, they can serve without compensation other
than the compensation received for the services they would
receive as officers of the federal government.
Subsection (b) allows for travel expenses and per diem for
members of the Commission in the course of their duties as a
member.
Subsection (c) establishes the role, and allows for the
appointment and confirmation, of the executive director.
Subsection (d) sets the compensation for the executive
director and other staff.
Subsection (e) allows employees from federal and state
agencies to be detailed to the Commission.
Subsection (f) allows for the procurement of temporary and
intermittent services.
Subsection (g) allows the Commission to accept and use
voluntary and uncompensated services.
Subsection (h) directs the Secretary to provide the
Commission with administrative support services on a
reimbursable basis.
Subsection (i) clarifies that nothing in section 6
supersedes the authority of the National Park Service with
respect to the commemoration.
Section 7. Plans; Reports
Section 7 requires the Commission to prepare a strategic
plan and file a final report. The report will contain a summary
of the Commission's activities, a final accounting of funds
received and expended by the Commission, and the findings and
recommendations of the Commission.
Section 8. Termination of Commission
Section 8 establishes the termination date for the
Commission as July 1, 2020. Section 8 also requires that all
documents and materials of the Commission must be retained and
turned over to the National Archives or another appropriate
federal entity prior to termination of the Commission.
EXPLANATION OF AMENDMENTS
No amendments to H.R. 1242 were offered or adopted during
Full Committee consideration of the bill.
COMMITTEE CONSIDERATION
On March 28, 2017, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported by voice vote.
ROLL CALL VOTES
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 1242.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill establishes the 400 Years of African-American History
Commission. As such, this bill does not relate to employment or
access to public services and accommodations.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to establish the 400 Years of
African-American History Commission.
DUPLICATION OF FEDERAL PROGRAMS
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of section 551 of title 5, United States Code.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5 of
the United States Code.
UNFUNDED MANDATE STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the bill as reported include unfunded
mandates. In compliance with this requirement, the Committee
has included below a letter received from the Congressional
Budget Office.
EARMARK IDENTIFICATION
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
COMMITTEE ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that Rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974, which the Committee has included below.
BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 4, 2017.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1242, 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.
H.R. 1242--400 Years of African-American History Commission Act
H.R. 1242 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 bill would authorize the appropriation of
the necessary amounts for those purposes. The commission would
consist of 15 members. Members would serve without pay but
would be reimbursed for travel expenses. The legislation would
authorize the commission to make grants to communities,
nonprofit organizations, and other groups to conduct activities
to 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 a year--
a total of $6 million over the 2018-2021 period, assuming
appropriation of the necessary amounts. Enacting H.R. 1242
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.
1242 would not affect revenues.
CBO estimates that enacting H.R. 1242 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1242 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.