[House Report 115-340]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-340
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FREDERICK DOUGLASS BICENTENNIAL COMMISSION ACT
_______
October 5, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2989]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2989) to establish the Frederick
Douglass Bicentennial Commission, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 4
Section-by-Section............................................... 5
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 7
Roll Call Votes.................................................. 7
Application of Law to the Legislative Branch..................... 7
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 7
Statement of General Performance Goals and Objectives............ 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Advisory Committee Act................................... 7
Unfunded Mandates Statement...................................... 8
Earmark Identification........................................... 8
Committee Estimate............................................... 8
Budget Authority and Congressional Budget Office Cost Estimate... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Bicentennial
Commission Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Born into slavery on the Eastern Shore of Maryland in
1818 and given the name Frederick Augustus Washington Bailey
after his mother Harriet Bailey, Frederick Douglass has been
called the father of the civil rights movement.
(2) Douglass rose through determination, brilliance, and
eloquence to shape the American Nation. He was an abolitionist,
human rights and women's rights activist, orator, author,
journalist, publisher, and social reformer.
(3) Taught basic reading skills by his mistress until she was
forced to stop, Douglass continued to teach himself to read and
write and taught other slaves to read despite risks including
death.
(4) During the course of his remarkable life Frederick
Douglass escaped from slavery, became internationally renowned
for his eloquence in the cause of liberty, and went on to serve
the national government in several official capacities.
(5) Forced to leave the country to avoid arrest as an escaped
slave, he returned to become a staunch advocate of the Union
cause and helped recruit African-American troops for the Union
Army, including two of his sons, Charles and Lewis Douglass.
His personal relationship with Abraham Lincoln helped persuade
the President to make emancipation a cause of the Civil War.
(6) With the abolition of slavery at the close of the Civil
War, Douglass then turned his attention to the full integration
of African-Americans into the political and economic life of
the United States. Committed to freedom, Douglass dedicated his
life to achieving justice for all Americans, in particular
African-Americans, women, and minority groups. He envisioned
America as an inclusive Nation strengthened by diversity and
free of discrimination.
(7) Douglass served as an advisor to Presidents. Abraham
Lincoln referred to him as the most meritorious man of the
nineteenth century. Douglass was appointed to several offices.
He served as the United States Marshal of the District of
Columbia under Rutherford B. Hayes' administration; President
James Garfield appointed Douglass the District of Columbia
Recorder of Deeds. In 1889, President Benjamin Harrison
appointed Frederick Douglass to be the United States minister
to Haiti. He was also appointed by President Grant to serve as
Assistant Secretary of the Commission of Inquiry to Santo
Domingo.
(8) Douglass lived in the District of Columbia for 23 of his
57 years as a free man, and in recognition of his leadership
and continuous fight for justice and freedom, his home, Cedar
Hill, was established as a National Historic Site in Anacostia,
in Southeast Washington, DC.
(9) The statue of Frederick Douglass in the United States
Capitol is a gift from the almost 700,000 residents of the
District of Columbia.
(10) All Americans could benefit from studying the life of
Frederick Douglass, for Douglass dedicated his own life to
ensuring freedom and equality for future generations of
Americans. This Nation should ensure that his tireless
struggle, transformative words, and inclusive vision of
humanity continue to inspire and sustain us.
(11) The year 2018 marks the bicentennial anniversary of the
birth of Frederick Douglass, and a commission should be
established to plan, develop, and carry out, and to recommend
to Congress, programs and activities that are fitting and
proper to celebrate that anniversary in a manner that
appropriately honors Frederick Douglass.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Frederick
Douglass Bicentennial Commission (referred to in this Act as the
``Commission'').
SEC. 4. DUTIES.
The Commission shall have the following duties:
(1) To plan, develop, and carry out programs and activities
that are fitting and proper to honor Frederick Douglass on the
occasion of the bicentennial anniversary of Douglass' birth.
(2) To recommend to Congress programs and activities that the
Commission considers fitting and proper to honor Frederick
Douglass on such occasion, and the entity or entities in the
Federal Government that the Commission considers most
appropriate to carry out such programs and activities.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 16
members appointed as follows:
(1) Two members, each of whom shall be a qualified citizen
described in subsection (b), appointed by the President.
(2) One member, who shall be a qualified citizen described in
subsection (b), appointed by the President on the
recommendation of the Governor of Maryland.
(3) One member, who shall be a qualified citizen described in
subsection (b), appointed by the President on the
recommendation of the Governor of Massachusetts.
(4) One member, who shall be a qualified citizen described in
subsection (b), appointed by the President on the
recommendation of the Governor of New York.
(5) One member, who shall be a qualified citizen described in
subsection (b), appointed by the President on the
recommendation of the Mayor of the District of Columbia.
(6) Three members, at least one of whom shall be a Member of
the House of Representatives, appointed by the Speaker of the
House of Representatives.
(7) Three members, at least one of whom shall be a Senator,
appointed by the majority leader of the Senate.
(8) Two members, at least one of whom shall be a Member of
the House of Representatives, appointed by the minority leader
of the House of Representatives.
(9) Two members, at least one of whom shall be a Senator,
appointed by the minority leader of the Senate.
(b) Qualified Citizen.--A qualified citizen described in this
subsection is a private citizen of the United States with--
(1) a demonstrated dedication to educating others about the
importance of historical figures and events; and
(2) substantial knowledge and appreciation of Frederick
Douglass.
(c) Time of Appointment.--Each initial appointment of a member of the
Commission shall be made before the expiration of the 60-day period
beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of Congress, and ceases to be a
Member of Congress, that member may continue to serve on the Commission
for not longer than the 30-day period beginning on the date that member
ceases to be a Member of Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(i) Quorum.--Six members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(j) Chair.--The Commission shall select a Chair from among the
members of the Commission.
(k) Meetings.--The Commission shall meet at the call of the Chair.
Periodically, the Commission shall hold a meeting in Rochester, New
York.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Commission may appoint and fix the pay of a
Director and such additional personnel as the Commission considers to
be appropriate.
(b) Applicability of Certain Civil Service Laws.--
(1) Director.--The Director of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(2) Staff.--The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
SEC. 7. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers to be appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable the Commission to carry out this Act. Upon request of the Chair
of the Commission, the head of that department or agency shall furnish
that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for carrying out
its duties.
SEC. 8. REPORTS.
(a) Initial Report.--Not later than August 1, 2018, the Commission
shall submit to Congress an initial report containing its
recommendations under section 4(2).
(b) Final Report.--Not later than June 1, 2019, the Commission shall
submit a final report to Congress, and shall include in the final
report--
(1) a summary of its activities and programs;
(2) a final accounting of the funds the Commission received
and expended; and
(3) any other information that the Commission considers to be
appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the final
report pursuant to section 8(b).
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 2989, the Frederick Douglass Bicentennial Commission
Act, establishes a commission to commemorate the bicentennial
anniversary of the birth of Frederick Douglass. The Commission
shall plan, develop, carry out, and recommend to Congress
programs and activities that are fitting and proper to
celebrate the anniversary in a manner that appropriately honors
Frederick Douglass.
BACKGROUND AND NEED FOR LEGISLATION
The year 2018 marks the bicentennial anniversary of the
birth of Frederick Douglass, one of the most recognizable
figures of the 19th century abolitionist movement. Born into
slavery in Maryland c. 1817, Douglass escaped by the age of
21.\1\ Douglass went on to publish an autobiography documenting
his life as a slave, Narrative of the Life of Frederick
Douglass, while a fugitive slave.\2\ The initial print quickly
sold out, marking the beginning of Douglass's life advocating
against slavery and for equal civil rights.\3\ To commemorate
Douglass's birth, H.R. 2989 establishes a 16-member commission
to plan, develop, coordinate, and recommend to Congress
activities honoring Douglass and his work.
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\1\Frederick Douglass, Narrative of the Life of Frederick Douglass
26, 241 (2d ed., Webb & Chapman, GT: 1946).
\2\Id. at iii-iv.
\3\E.g., Frederick Douglass, My Bondage and My Freedom (1855);
Frederick Douglass, Life and Times of Frederick Douglass (1881).
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LEGISLATIVE HISTORY
On June 21, 2017, Delegate Eleanor Holmes Norton (D-DC)
introduced H.R. 2989, the Frederick Douglass Bicentennial
Commission Act, with Representative Andy Harris (R-MD). H.R.
2989 was referred to the Committee on Oversight and Government
Reform. The Committee considered H.R. 2989 at a business
meeting on July 19, 2017, and ordered the bill reported
favorably, as amended, by voice vote.
On July 19, 2017, Senator Chris Van Hollen (D-MD)
introduced a bill substantially similar to H.R. 2989. Senator
Van Hollen introduced S. 1582, the Frederick Douglass
Bicentennial Commission Act, with Senator Benjamin Cardin (D-
MD), and it was referred to the Senate Committee on the
Judiciary.
Delegate Norton introduced bills substantially similar to
H.R. 2989 in the 114th Congress and the 113th Congress. In the
114th Congress, Delegate Norton introduced H.R. 4543, the
Frederick Douglass Bicentennial Commission Act, which was
referred to the Committee on Oversight and Government Reform.
In the 113th Congress, Delegate Norton introduced H.R. 4055,
the Frederick Douglass Bicentennial Commission Act, which was
also referred to the Committee on Oversight and Government
Reform.
Section-by-Section Analysis
Section 1. Short title
The short title is the ``Frederick Douglass Bicentennial
Commission Act''.
Sec. 2. Findings
Section 2 makes several findings related to Frederick
Douglass's life.
Sec. 3. Establishment
Section 3 establishes the Frederick Douglass Bicentennial
Commission (``the Commission'').
Sec. 4. Duties
Section 4 prescribes the twofold duties of the Commission.
First, the Commission must plan, develop, and carry out
programs and activities that are fitting and proper to honor
Frederick Douglass on the occasion of the bicentennial
anniversary of his birth. Second, the Commission must recommend
to Congress activities that are fitting and proper to honor
Frederick Douglass, and identify the entities in the Federal
Government it considers most appropriate to carry out those
activities.
Sec. 5. Membership
Section 5 provides for the composition of the Commission
and selection of its 16 members. Six of the commissioners are
to be qualified citizens appointed by the President, four of
whom are appointed upon recommendations. The remaining ten
commissioners are to be appointed by congressional leadership.
``Qualified citizen'' is defined in subsection (b), and
includes a requirement that the individual be dedicated to
historical education and possess substantial knowledge of
Frederick Douglass.
Each commissioner must be appointed within 60 days of
enactment and is appointed for the life of the Commission. A
commissioner who was also a Member of Congress at the time of
appointment cannot serve for longer than 30 days after leaving
Congress. Any vacancies on the Commission are filled as the
original appointment and do not affect the Commission's ability
to conduct its work.
Commissioners serve on the Commission without pay, but are
eligible to receive travel expenses in accordance with sections
5702 and 5703 of title 5, United States Code.
Six members of the Commission constitute a quorum to
conduct business but the Commission can establish a lesser
number of commissioners to constitute a quorum to conduct
hearings.
The Commission will be led by a chair, selected from among
the commissioners by the commissioners, and will meet
periodically in Rochester, New York, and at the call of the
Chair.
Sec. 6. Director and staff
Section 6 authorizes the Commission to hire a Director and
staff and establish their salaries, subject to certain
restrictions in title 5.
Sec. 7. Powers
Section 7 authorizes the Commission to hold hearings, take
testimony, and receive evidence in furtherance of its duties as
appropriate, and at such time and place it determines. The
Commission may require the production of information from any
department or agency of the United States consistent with those
duties. The bill does not authorize appropriations and the
Committee intends the Commission to be privately funded except
as it relates to use of the United States Postal Service.
Consequently, the bill authorizes the Commission to solicit,
accept, use, and dispose of gifts for carrying out its duties
and utilize administrative support services from the General
Services Administration on a reimbursable basis.
The Commission may authorize any commissioner or agent of
the Commission to exercise its authorities under the Act.
Sec. 8. Reports
Section 8 requires the Commission to submit an initial
report containing its recommendations to Congress by August 1,
2018 and a final report by June 1, 2019. The final report must
include a summary of the Commission's activities and an
accounting of its fundraising and expenditures.
Sec. 9. Termination
The Commission terminates 30 days after submission of its
final report.
Explanation of Amendments
During Committee consideration of the bill, Delegate Norton
offered an amendment in the nature of a substitute, reflected
in the sectional analysis above, amending paragraphs (1) and
(2) of section 4, section 5(c), and section (8); striking
section 6(c) in the bill as introduced and inserting section
7(f) in the amendment; and striking section 10 in the bill as
introduced. The Committee agreed to the amendment by voice
vote.
Committee Consideration
On July 19, 2017, the Committee met in open session and,
with a quorum being present, ordered the bill, as amended,
favorably reported by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
consideration of H.R. 2989.
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 Frederick Douglass Bicentennial
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 Frederick
Douglass Bicentennial 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 or title 5, United States Code.
Federal Advisory Committee Act
The Committee finds 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, United
States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67), the Committee has
included a letter received from the Congressional Budget Office
below.
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 of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 26, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Respresentatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2989, the
Frederick Douglass Bicentennial 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,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 2989--Frederick Douglass Bicentennial Commission Act
H.R. 2989 would establish a commission to plan programs and
activities to commemorate the bicentennial anniversary of
Frederick Douglass' birth. The commission would consist of 16
members. Members would serve without pay but would be
reimbursed for travel expenses. The legislation would authorize
the commission to hold hearings, hire staff, and collect
information from federal agencies. Under the bill, the
commission could retain and spend gifts. The commission would
submit a final report to the Congress on June 1, 2019, and
terminate 30 days later.
Based on the cost of similar commissions, CBO estimates
that implementing the bill would cost about $2 million over the
2018-2022 period; assuming appropriation of the necessary
amounts.
Enacting H.R. 2989 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 the bill would not affect revenues.
CBO estimates that enacting H.R. 2989 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2989 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.
Changes in Existing Law Made by the Bill as Reported
The legislation would neither repeal nor amend existing
law, within the meaning of clause 3(e) of rule XIII of the
House of Representatives.
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