[House Report 110-848]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-848

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



 
                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.

    
    
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