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[Senate Report 114-348]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 623
114th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      114-348

======================================================================

 
                 U.S. CIVIL RIGHTS NETWORK ACT OF 2015

                                _______
                                

               September 8, 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 S. 2309]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2309) to amend title 54, United States 
Code, to establish within the National Park Service the U.S. 
Civil Rights Network, and for other purposes, having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and an amendment to the title and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``African American Civil Rights 
Network Act of 2016''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
          (1) to recognize--
                  (A) the importance of the African American civil 
                rights movement; and
                  (B) the sacrifices made by the people who fought 
                against discrimination and segregation; and
          (2) to authorize the National Park Service to coordinate and 
        facilitate Federal and non-Federal activities to commemorate, 
        honor, and interpret----
                  (A) the history of the African American civil rights 
                movement;
                  (B) the significance of the civil rights movement as 
                a crucial element in the evolution of the Civil Rights 
                Act of 1964 (42 U.S.C. 2000a et seq.); and
                  (C) the relevance of the African American civil 
                rights movement in fostering the spirit of social 
                justice and national reconciliation.

SEC. 3. AFRICAN AMERICAN CIVIL RIGHTS NETWORK PROGRAM.

    (a) In General.--Subdivision 1 of Division B of subtitle III of 
title 54, United States Code, is amended by inserting after chapter 
3083 the following:

         ``CHAPTER 3084--AFRICAN AMERICAN CIVIL RIGHTS NETWORK

``Sec. 308401. Definition of Network

    ``In this chapter, the term `Network' means the African American 
Civil Rights Network established under section 308-402(a).

``Sec. 308402. African American Civil Rights Network

    ``(a) In General.--The Secretary shall establish, within the 
Service, a program to be known as the `African American Civil Rights 
Network'.
    ``(b) Duties of Secretary.--In carrying out the Network, the 
Secretary shall--
          ``(1) review studies and reports to complement and not 
        duplicate studies of the historical importance of the African 
        American civil rights movement that may be underway or 
        completed, such as the Civil Rights Framework Study;
          ``(2) produce and disseminate appropriate educational 
        materials relating to the African American civil rights 
        movement, such as handbooks, maps, interpretive guides, or 
        electronic information;
          ``(3) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical assistance 
        under subsection (c); and
          ``(4)(A) create and adopt an official, uniform symbol or 
        device for the Network; and
                  ``(B) issue regulations for the use of the symbol or 
                device adopted under subparagraph (A).
    ``(c) Elements.--The Network shall encompass the following 
elements:
          ``(1) All units and programs of the Service that are 
        determined by the Secretary to relate to the African American 
        civil rights movement during the period from 1939 through 1968.
          ``(2) Other Federal, State, local, and privately owned 
        properties that--
                  ``(A) relate to the African American civil rights 
                movement;
                  ``(B) have a verifiable connection to the African 
                American civil rights movement; and
                  ``(C) are included in, or determined by the Secretary 
                to be eligible for inclusion in, the National Register 
                of Historic Places.
          ``(3) Other governmental and nongovernmental facilities and 
        programs of an educational, research, or interpretive nature 
        that are directly related to the African American civil rights 
        movement.

``Sec. 308403. Cooperative agreements and memoranda of understanding

    ``To achieve the purposes of this chapter and to ensure effective 
coordination of the Federal and non-Federal elements of the Network 
described in section 308402(c) with System units and programs of the 
Service, the Secretary may enter into cooperative agreements and 
memoranda of understanding with, and provide technical assistance to 
the heads of other Federal agencies, States, units of local government, 
regional governmental bodies, and private entities.''.
    (b) Clerical Amendment.--The table of chapters for title 54, United 
States Code, is amended by inserting after the item relating to chapter 
3083 the following:

``3084. African American Civil Rights Network.''.
          2. Amend the title so as to read: ``A bill to amend title 54, 
        United States Code, to establish within the National Park 
        Service the African American Civil Rights Network, and for 
        other purposes.''.

                                Purpose

    The purpose of S. 2309 is to amend title 54, United States 
Code, to establish within the National Park Service the U.S. 
Civil Rights Network.

                          Background and Need

    The National Park Service (NPS) and the Organization of 
American Historians conducted a theme study that identified and 
interpreted sites related to the Civil Rights movement in 
accordance with the National Park Service Studies Act of 1999 
(as enacted in title III of Appendix C of Public Law 106-113; 
113 Stat. 1501A-194).
    In conducting the theme study, the NPS and Organization of 
American Historians found that many sites relating to the 
African American civil rights movement have been identified and 
recognized in existing National Park System units. However, 
according to testimony received by the Committee on behalf of 
the NPS, ``[f]rom this effort, NPS found that a number of sites 
related to the African American role in the Civil Rights 
movement had not been recognized, with many in immediate danger 
of being lost or destroyed.''
    S. 2309 would create a national program at the NPS to 
educate the people of the United States about the story and 
significance of the African American civil rights movement. The 
network approach would link, in a unified and flexible manner, 
the historic buildings, structures, sites, geographic areas, 
interpretive centers, museums, institutions, programs, 
activities, community projects, exhibits, and multimedia 
materials relating to the African American civil rights 
movement.

                          Legislative History

    S. 2309 was introduced in the Senate by Senators Brown and 
Alexander on November 19, 2015. The Subcommittee on National 
Parks held a hearing on S. 2309 on March 17, 2016.
    In the House of Representatives, Representative Clay 
introduced similar legislation to S. 2309, H.R. 3683, on 
October 5, 2015.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered S. 2309 
favorably reported as amended.

                        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 S. 
2309, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 2309, the Committee adopted 
an amendment in the nature of a substitute and amendment to the 
title. The bill was reorganized by removing the findings and by 
reinserting after subdivision 1, division B of subtitle III of 
title 54, U.S. Code, ``Chapter 3084--African American Civil 
Rights Network'', to reflect a clerical amendment to the title 
and any reference thereafter.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 provides the short title.

Section 2. Purposes

    Section 2 states that the purposes of the bill are: to 
recognize the importance of the African American civil rights 
movement and the sacrifices made by the people who fought 
against discrimination and segregation; and to authorize the 
NPS to coordinate Federal and non-Federal activities to honor 
and interpret the history, significance, and relevance of the 
African American civil rights movement commemorating and 
fostering the spirit of social justice and national 
reconciliation.

Section 3. African American Civil Rights Network Program

    Section 3(a) amends subdivision 1 of division B of subtitle 
III of title 54, U.S. Code, by inserting a new ``Chapter 3084--
African American Civil Rights Network''.
    Section 308401 of the new chapter defines the term 
``Network.''
    Section 308402 directs the Secretary of the Interior to 
establish the Network.
    Subsection (b) lists the duties of the Secretary. The 
Secretary shall: review civil rights studies and reports that 
may already be underway or complete to complement, not 
duplicate, aspects of the African American civil rights 
movement; produce and disseminate educational materials such as 
handbooks, maps, interpretive guides, or electronic 
information; and adopt an official, uniform symbol or device 
for the Network and issue regulations for the symbol's use.
    Subsection (c) lists the elements of the Network. The 
Network will encompass all NPS units and programs that relate 
to the African American civil rights movement during the period 
from 1939 through 1968. It will also include federal, state, 
local, and privately owned properties that relate to the 
African American civil rights movement and that are included 
in, or eligible for, the National Register of Historic Places. 
Other governmental and nongovernmental facilities and programs 
of an educational, research, or interpretive nature directly 
related to the African American civil rights movement will be 
part of the establishment of the Network.
    Subsection 308403 authorizes the Secretary to enter into 
cooperative agreements and memoranda of understanding and 
provide technical assistance with Federal and non-Federal 
elements of the Network to ensure effective coordination and 
for carrying out the purpose of the bill.
    Section 3(b) identifies the clerical amendment to the table 
of contents for title 54, U.S. Code to reference ``3084. 
African American Civil Rights Network''.

                   Cost and Budgetary Considerations

    The following cost estimate of the measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 2, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2309, the African 
American Civil Rights Network Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                Keith Hall.
    Enclosure.

S. 2309--African American Civil Rights Network Act of 2016

    S. 2309 would require the Secretary of the Interior to 
establish, within the National Park Service (NPS), the African 
American Civil Rights Network, the purpose of which would be to 
coordinate federal and nonfederal activities to commemorate, 
honor, and interpret the history of the African American civil 
rights movement during the period from 1939 through 1968. The 
network would comprise existing units and programs of the NPS 
related to that historical period as well as the properties and 
programs of other federal, state, local, and private entities 
that join the network.
    Under the bill, the NPS would produce and distribute 
educational materials, create and adopt an official symbol for 
the proposed network, establish regulations for participation, 
and provide technical assistance to other entities interested 
in joining. To support the network and its activities, the bill 
would authorize the agency to execute cooperative agreements 
and memoranda of understanding with private organizations and 
state and local governments.
    Based on information from the NPS about the costs of 
administering similar programs, and assuming appropriation of 
the necessary amounts, CBO estimates that the agency would 
spend about $375,000 in the first several months following 
enactment to create the network. That work would include basic 
planning, developing educational materials and interpretive 
exhibits, and coordinating federal activities with those of 
other interested entities. In subsequent years, CBO expects 
that the agency would spend about $1.5 million per year to 
manage the network and provide assistance to participating 
entities under cooperative agreements. In total, CBO estimates 
that implementing the legislation would cost about $5.5 million 
over the 2017-2021 period and an additional $1.5 million 
annually thereafter.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting S. 2309 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2309 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 Jon Sperl. The 
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 S. 2309. 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. 2309, as ordered reported.

                   Congressionally Directed Spending

    S. 2309, 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 
March 17, 2016, National Parks Subcommittee hearing on S. 2309, 
follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, 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. 2309, a bill to establish within the National 
Park Service, the U.S. Civil Rights Network.
    The Department strongly supports S. 2309, with amendments.
    The NPS would be proud to be part of this program to 
commemorate, preserve, and interpret this important and 
inspiring era in American history. Well over a decade ago, the 
National Park Service and the Organization of American 
Historians conducted a theme study that helped to identify and 
interpret sites associated with the modern Civil Rights 
Movement. From this effort, NPS found that a number of sites 
related to the African American role in the Civil Rights 
Movement had not been recognized, with many in immediate danger 
of being lost or destroyed. If enacted, S. 2309 would provide a 
structure to identify and commemorate the activities and sites 
of African Americans involved in the Civil Rights Movement and 
create a framework that could promote public education 
regarding this crucial chapter of the American story. This bill 
would allow NPS to build critical partnerships with other 
public and private entities, to raise public awareness, and 
help preserve the remaining sites and stories of the Civil 
Rights Movement.
    The modern Civil Rights Movement arose in the face of 
systematic oppression, discrimination, and violence. The 
figures of this movement fought against these forces and many 
deservedly have become national heroes. But this movement was 
also powered forward on the backs of ordinary men and women and 
their efforts and stories are equally important to preserve and 
share. These stories and sites can be found in almost every 
community in this nation, some of which are deeply interwoven 
into the narrative of the units of the National Park System. 
But most of these resources are cared for outside of the 
National Park System and often need further documentation, 
interpretation, identification, and protection.
    No single site reflects the full story of the role of 
African Americans in the Civil Rights narrative, and a network 
would help to recognize and preserve these places. With the 
creation of the U.S. Civil Rights Network, the NPS will be 
directed to produce and share educational materials, become 
part of cooperative agreements to provide much-needed technical 
assistance, and create an official symbol to help with the 
identification of these sites and stories. This network will be 
made up of existing units and programs of the NPS; Federal, 
State, local and privately owned property, and other 
governmental and nongovernmental facilities that are directly 
related to the African American role in the Civil Rights 
Movement.
    The fundamental purpose of the U.S. Civil Rights Network 
Act is to honor the courage and sacrifice of those African 
American champions for justice; those who fought against 
discrimination and segregation to bring forth the vision laid 
out in the very foundations of our national doctrine that all 
men and women are created equal. We must honor their legacy and 
continue to carry forward their work of national reconciliation 
and social justice.
    To that end, we recommend changing the title of the network 
to the African American Civil Rights Network to avoid any 
confusion as to the bill's purpose or the potential sites that 
would be eligible to participate. We would be pleased to work 
with the committee on the amendments need to implement this 
change.
    Mr. Chairman, that concludes my statement. I would be happy 
to answer any questions you or the 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, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *

TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

           *       *       *       *       *       *       *

                 DIVISION B--ORGANIZATIONS AND PROGRAMS

         Subdivision 1--Administered by National Park Service.

3081. American Battlefield Protection Program.
3083. National Underground Railroad Network to Freedom.
3084. African American Civil Rights Network. 
3085. National Women's Rights History Project.
3087. National Maritime Heritage.
3089. Save America's Treasures Program.
3091. Commemoration of Former Presidents.
     * * * * * * *

          CHAPTER 3084--AFRICAN AMERICAN CIVIL RIGHTS NETWORK

Sec. 308401. Definition of Network

    In this chapter, the term ``Network'' means the African 
American Civil Rights Network established under section 
308402(a).

Sec. 308402. African American Civil Rights Network

    (a) In General.--The Secretary shall establish, within the 
Service, a program to be known as the ``African American Civil 
Rights Network''.
    (b) Duties of Secretary.--In carrying out the Network, the 
Secretary shall----
          (1) review studies and reports to complement and not 
        duplicate studies of the historical importance of the 
        African American civil rights movement that may be 
        underway or completed, such as the Civil Rights 
        Framework Study;
          (2) produce and disseminate appropriate educational 
        materials relating to the African American civil rights 
        movement, such as handbooks, maps, interpretive guides, 
        or electronic information;
          (3) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical 
        assistance under subsection (c); and
          (4)(A) create and adopt an official, uniform symbol 
        or device for the Network; and
                  (B) issue regulations for the use of the 
                symbol or device adopted under subparagraph 
                (A).
    (c) Elements.--The Network shall encompass the following 
elements:
          (1) All units and programs of the Service that are 
        determined by the Secretary to relate to the African 
        American civil rights movement during the period from 
        1939 through 1968.
          (2) Other Federal, State, local, and privately owned 
        properties that--
                  (A) relate to the African American civil 
                rights movement;
                  (B) have a verifiable connection to the 
                African American civil rights movement; and
                  (C) are included in, or determined by the 
                Secretary to be eligible for inclusion in, the 
                National Register of Historic Places.
          (3) Other governmental and nongovernmental facilities 
        and programs of an educational, research, or 
        interpretive nature that are directly related to the 
        African American civil rights movement.

Sec. 308403. Cooperative agreements and memoranda of understanding

    To achieve the purposes of this chapter and to ensure 
effective coordination of the Federal and non-Federal elements 
of the Network described in section 308402(c) with System units 
and programs of the Service, the Secretary may enter into 
cooperative agreements and memoranda of understanding with, and 
provide technical assistance to the heads of other Federal 
agencies, States, units of local government, regional 
governmental bodies, and private entities.

           *       *       *       *       *       *       *

                                  [all]
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