69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–105 

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. 

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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. 

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. 

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 AfricanAmericans 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. 

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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. 

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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 

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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 

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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. 

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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. 

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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. 

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