69–010 

Calendar No. 81 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–63 

400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION 

ACT 

MAY 16, 2017.—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. 392] 

[Including Cost Estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 392) to establish the 400 Years of AfricanAmerican History Commission, and for other purposes, having considered the same, reports favorably thereon without amendment 

and recommends that the bill do pass. 

PURPOSE

The purpose of S. 392 is to establish the 400 Years of AfricanAmerican 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 that group marked the beginning of the 

trend in colonial America where people of Africa were taken 


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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

S. 392 was introduced by Senators Kaine, Warner, Booker, and 

Blunt on February 15, 2017. 

In the 114th Congress, Senator Kaine introduced similar legislation, S. 2548, on February 11, 2016. The Subcommittee on National 

Parks held a hearing on S. 2548 on June 15, 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 

(S. Rept. 114–350). 

Representative Scott introduced similar legislation, H.R. 4539, 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 March 30, 2017, and ordered S. 392 favorably 

reported. 

On February 28, 2017, a related bill, H.R. 1242 was introduced 

by Representative Scott and 45 additional cosponsors. It was reported by the House Oversight and Government Reform Committee 

on March 28, 2017. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 392. 

SECTION-BY-SECTION ANALYSIS

Section I. 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 apVerDate Sep 11 2014 04:29 May 17, 2017 Jkt 069010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR063.XXX SR063

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pointed. 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. 


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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 costs of this measure has been provided 

by the Congressional Budget Office. 

S. 392 would establish a commission to plan activities and provide grants to develop programs and events to commemorate 400 

years of African 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 


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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 S. 392 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. 392 would not affect revenues. 

CBO estimates that enacting S. 392 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 392 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. 

On April 4, 2017, CBO transmitted a cost estimate for H.R. 1242, 

the 400 years of African-American History Commission Act, as ordered reported by the House Committee on Oversight and Government Reform on March 28, 2017. The two pieces of legislation are 

similar and CBO’s estimates of their cost are the same. 

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. 392. 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. 392, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 392, 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

Because S. 392 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the National Park 

Service at the hearing before the Subcommittee on National Parks 

hearing on June 15, 2016, follows: 


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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 


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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. 

Æ 


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