[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]