[House Report 110-848]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-848
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CIVIL RIGHTS HISTORY PROJECT ACT OF 2008
_______
September 15, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H.R. 998]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 998) to direct the Librarian of Congress and the
Secretary of the Smithsonian Institution to carry out a joint
project at the Library of Congress and the National Museum of
African American History and Culture to collect video and audio
recordings of personal histories and testimonials of
individuals who participated in the Civil Rights movement, and
for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments (stated in terms of the page and line numbers
of the introduced bill) are as follows:
Page 2, line 3, strike ``2007'' and insert ``2008''.
Page 8, line 14, strike ``2008'' and insert ``2009''.
Page 8, line 16, strike ``2009 through 2012'' and insert
``2010 through 2013''.
PURPOSE OF THE LEGISLATION
H.R. 998, the Civil Rights History Project Act of 2008,
would authorize funding to create a comprehensive compilation
of audio and video recordings of personal histories and
testimonials of individuals who participated in the Civil
Rights movement.
BILL SUMMARY
H.R. 998 would direct the Library of Congress and the
Smithsonian Institution's National Museum of African American
History and Culture to jointly work to collect and preserve for
posterity audio and video recordings of the memories and
stories of individuals who participated-in and witnessed first-
hand the Civil Rights movement during the 1950s and 1960s.
As participants in the Civil Rights movement continue to
age, it is important that memories and stories of those
individuals who participated in events such as the sit-ins, the
Freedom Rides, the drive for voting rights in Mississippi, and
the March to Selma are documented so that future generations
will be able to access original sources of information
regarding the lives and times of that era.
The purpose of this Act is to coordinate at a national
level the collection and the preservation of oral and video
recordings. It will also serve to complement previous and
ongoing documentary work on this subject.
COMMITTEE CONSIDERATION
H.R. 998 was introduced on February 12, 2007 by
Representative Carolyn McCarthy of New York along with
Representative John Lewis of Georgia. On July 30, 2008, the
Committee considered H.R. 998 and, by voice vote, ordered the
bill reported favorably with technical amendments offered by
Chairman Brady which would move the start of the project to
Fiscal Year 2009. No recorded votes were taken during the
consideration of the bill.
BACKGROUND AND NEED FOR H.R. 998
It is in the best interest of the Nation to undertake the
Civil Rights History Project so that future generations will be
able to learn of the struggles and sacrifices of those who
participated in the Civil Rights movement. A basic principle of
democracy is that individuals should stand up for their rights
and beliefs and pursue justice. The Library of Congress and the
Smithsonian Institution will join forces to develop an
extensive collection of oral histories of those participants
who played a part and witnessed the American Civil Rights
movement.
The Library of Congress and the Smithsonian Institution
have jointly signed a letter of intent outlining their
agreement to carry out identified activities related to the
project to the extent that funding for the project is available
through appropriations or donations, specifically committing to
create a detailed Memorandum of Understanding within two months
of enactment of H.R. 998. That letter is appended to this
report.
ANALYSIS OF THE BILL (AS REPORTED)
The Civil Rights History Project Act of 2008 requires the
Librarian of Congress and the Secretary of the Smithsonian
Institution (acting through the Director of the National Museum
of African American History and Culture) to establish an oral
history project to: (1) collect video and audio recordings of,
and visual and written materials relevant to the personal
histories of participants in the Civil Rights movement; and (2)
make the collection available for public use through the
Library of Congress and the Museum.
Section 1. Section 1 states the short title of the Act, the
``Civil Rights History Project Act of 2008.''
Section 2. Section 2 states that the participants in the
civil rights movement hold an invaluable resource in their
first-hand accounts of the era. The retelling of their memories
and stories will capture the real-life events and actions of
those who participated in the civil rights movement from the
1950's through the 1960's. Much is known about the lives of
Thurgood Marshall, Dr. Martin Luther King, Jr., Rosa Parks and
other prominent leaders of the movement; however, there were
many others whose impact and experience were just as important
to the cause but whose stories are not well known or
documented.
Section 3. Section 3 establishes the joint project at the
Library of Congress and the National Museum of African American
History and Culture. The initial phase of the project will be
to survey the collections of audio and video recordings that
are housed in various archives, libraries, museums, and other
education institutions. The next step will be to solicit and
collect materials that will create an extensive collection to
be made available for public use through the Library of
Congress and the National Museum of African American History
and Culture.
Section 4. Section 4 encourages private support for the
Civil Rights History Project. Both the Librarian of Congress
and the Smithsonian Secretary are encouraged to solicit and
accept donations of funds and in-kind contributions to support
the collection of materials. Donations will be deposited only
into an account established for such purpose.
Section 5. Section 5 authorizes appropriations to carry out
this Act--
(1) $500,000 for Fiscal Year 2009; and
(2) Such sums as may be necessary for each of the
Fiscal Years 2010 through 2013.
MATTERS REQUIRED UNDER RULES OF THE HOUSE
Constitutional Authority
Clause 3(d)(1) of House Rule XIII requires each committee
report on a public bill or joint resolution to include a
statement citing the specific constitutional power(s) granted
to the Congress on which the Committee relies for enactment of
the measure under consideration. The Committee cites the
legislative power granted to Congress in article I, section 8,
clause 18.
Committee Votes
Clause 3(b) of House Rule XIII requires the results of each
recorded vote on an amendment or motion to report, together
with the names of those voting for and against, to be printed
in the committee report. No recorded votes were taken during
the Committee's consideration of H.R. 998.
Congressional Budget Office Estimate
Clause 3(c)(3) of House Rule XIII requires the report of a
committee on a measure which has been approved by the committee
to include a cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the CBA,
if timely submitted. The Director submitted the following
estimate:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 5, 2008.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 998, the Civil
Rights History Project Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Christina
Hawley Anthony.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 998--Civil Rights History Project Act of 2008
H.R. 998 would direct the Librarian of Congress and the
Secretary of the Smithsonian Institution to establish an oral
history project to survey, solicit, reproduce, and collect
audio and video recordings of participants in the Civil Rights
movement. The bill would permit the Librarian and Secretary to
solicit and accept donations of funds and in-kind contributions
to support those activities. In addition, H.R. 998 would
authorize the appropriation of $500,000 for fiscal year 2009
and such sums as may be necessary for fiscal years 2010 through
2013.
Based on information from the two agencies, and assuming
appropriation of the necessary amounts, CBO estimates that
enacting H.R. 998 would cost $4 million over the 2009-2013
period.
Because H.R. 998 would allow the Librarian and Secretary to
accept and spend donations for projects, enacting H.R. 998
could affect direct spending and receipts, but the spending and
the receipts would offset each other. Thus, CBO estimates that
provision would not have a significant net effect on the
federal budget.
H.R. 998 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Christina Hawley
Anthony. This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Federal mandates
Section 423 of the CBA requires a committee report on any
public bill or joint resolution that includes a federal mandate
to include specific information about such mandates. The
Committee states that H.R. 998 includes no federal mandates.
Preemption clarification
Section 423 of the CBA requires a committee report on any
public bill or joint resolution to include a committee
statement on the extent to which the measure is intended to
preempt state or local law. The Committee states that H.R. 998
is not intended to preempt any state or local law.
Oversight findings
Clause 3(c)(1) of rule XIII requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of House Rule X. The Committee has
general oversight responsibility of the Library of Congress and
the Smithsonian Institution. The Committee has included the
findings in the body of the report.
Statement of general performance goals and objectives
Clause 3(c)(4) of House Rule XIII requires committee
reports to include a statement of general performance goals and
objectives. The Committee believes enactment of the bill would
enhance the collections at both the Library of Congress and the
Smithsonian Institution. It would gather and preserve
invaluable historical information, and provide additional
resources to scholars for research, and to the public.
Congressional ``earmarks''
Clause 9 of House Rule XXI requires committee reports on
public bills and resolutions to contain an identification of
congressional ``earmarks,'' limited tax benefits, limited
tariff benefits, and the names of requesting Members. The bill
contains no such items either as introduced or as reported to
the House.
Congressional Accountability Act applicability
Section 102(b)(3) of the Congressional Accountability Act
of 1995 (Pub. L. 104-1) (CAA) requires each report on a public
bill or joint resolution relating to terms and conditions of
employment or access to public services or accommodations to
describe the manner in which the legislation apply to the
Legislative Branch. H.R. 998 does not impact any provisions
covered by the CAA.
Changes in existing law made by the bill, as reported
H.R. 998 makes no changes in existing law.