59–010 

Calendar No. 612 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–341 

400 YEARS OF AFRICAN-AMERICAN HISTORY COMMISSION 

ACT 

SEPTEMBER 6, 2016.—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 H.R. 4539] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 4539) to establish the 400 Years of AfricanAmerican History Commission, and for other purposes, having considered the same, reports favorably without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of H.R. 4539 is to establish the 400 Years of African-American History Commission. 

BACKGROUND AND NEED

In August 1619, the first documented Africans arrived in the 

English colony of Virginia. The group, recorded upon arrival as ‘‘20 

and odd Negros,’’ was part of a larger group of West Africans 

enslaved by Portugese slavetraders. They were on their way to 

Vera Cruz aboard a Portugese ship, when they were captured off 

the coast of Mexico by the White Lion, an English warship, flying 

a Dutch flag, and operating under Dutch letters of marque. The 

White Lion transported them to Virginia, where they were put 

ashore at Old Point Comfort, in what is now Hampton, Virginia, 

and 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 


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year of expected freedom whereas no such year accompanied the 

names of the African indentured servants. 

The historic arrival of the group of ‘‘20 and odd Negros’’’ marked 

the beginning of the trend in colonial America where people of Africa were taken 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 that 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 AfricanAmerican History Commission’’ would mark this historic heritage. 

LEGISLATIVE HISTORY

Representative Scott introduced H.R. 4539 on February 11, 2016. 

H.R. 4539 passed the House of Representatives by voice vote on 

July 5, 2016. 

Senator Kaine introduced similar legislation, S. 2548, in the Senate 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 H.R. 4539 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass H.R. 4539. 

SECTION-BY-SECTION ANALYSIS

Section 1. 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 of the Interior and in consultation with various entities such as State Governors; civil rights and 

historical organizations; the National Park Service (NPS); the Secretary of the Smithsonian Institution; and Members of Congress. 

The subsection specifies 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 appointed. In addition, the subsection restricts the service of a member appointed as the NPS employee to no more than 30 days after the members ceases to be an 

NPS employee. 


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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-profit 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. 

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. 


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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 the 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. Termination of commission 

Section 8(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 the costs of this measure has been provided by the Congressional Budget Office: 

H.R. 4539—400 Years of African-American History Commission Act 

H.R. 4539 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 

act would authorize the appropriation of whatever sums are necessary for those purposes. The commission would consist of 15 

members and would have four years to report to the Congress on 

its activities. Members would serve without pay but would be reimbursed for travel expenses. The legislation would allow the commission to make grants to communities, nonprofit organizations, and 

other groups to conduct activities that 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. 


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Based on the cost of similar commissions, CBO estimates that 

implementing the bill would cost about $2 million annually and a 

total of $8 million over the 2017–2020 period, assuming appropriation of the necessary amounts. Enacting H.R. 4539 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. 4539 would not affect revenues. 

CBO estimates that enacting H.R. 4539 would not increase net 

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

10-year periods beginning in 2027. 

H.R. 4539 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 August 11, 2016, CBO transmitted a cost estimate for S. 

2548, the 400 Years of African-American History Commission Act, 

as ordered reported by the Senate Committee on Energy and Natural Resources on July 13, 2016. 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 Theresa Gullo, 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 

H.R. 4539. 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 H.R. 4539, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 4539, 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

The testimony provided by the National Park Service at the June 

15, 2016, hearing on S. 2548, the companion bill to H.R. 4539, follows: 

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 DepartVerDate Sep 11 2014 00:00 Sep 11, 2016 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR341.XXX SR341

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ment 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 

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 


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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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