[House Report 117-358]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 2nd Session   }                                          { 117-358

======================================================================
 
  TO AMEND TITLE 36, UNITED STATES CODE, TO ESTABLISH THE COMPOSITION 
  KNOWN AS ``LIFT EVERY VOICE AND SING'' AS THE NATIONAL HYMN OF THE 
                             UNITED STATES

                                _______
                                

June 7, 2022.--Referred to the House Calendar and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 301]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 301) to amend title 36, United States Code, to 
establish the composition known as ``Lift Every Voice and 
Sing'' as the national hymn of the United States, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     7
Committee Estimate of Budgetary Effects..........................     7
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     7
Duplication of Federal Programs..................................     8
Performance Goals and Objectives.................................     8
Advisory on Earmarks.............................................     8
Section-by-Section Analysis......................................     8
Changes in Existing Law Made by the Bill, as Reported............     9
Minority Views...................................................    11

    The amendment is as follows:
    Strike all that follows after the enacting clause and 
insert the following:

SECTION 1. FINDINGS.

  Congress finds the following:
          (1) ``Lift Every Voice and Sing'' is a beloved hymn that is 
        currently produced and distributed by approximately 40 
        religious publishing houses throughout the United States.
          (2) ``Lift Every Voice and Sing'' is regularly sung at 
        various religious services and choir performances at community 
        and cultural events to commemorate the struggles that have 
        accompanied our Nation's ``pursuit of a more perfect Union''.
          (3) James Weldon Johnson wrote the poem ``Lift Every Voice 
        and Sing'' in 1899 to celebrate the anniversary of President 
        Abraham Lincoln's birthday, and his brother, J. Rosamond 
        Johnson, set the poem to music.
          (4) ``Lift Every Voice and Sing'' was first performed on 
        February 12, 1900, by a choir of 500 school children from the 
        Stanton School in the Johnsons' hometown of Jacksonville, 
        Florida, where James Weldon Johnson served as the principal.
          (5) In 1905, Booker T. Washington's recognition of ``Lift 
        Every Voice and Sing'' helped to make it a very popular song in 
        Black communities throughout the United States.
          (6) In 1906, President Theodore Roosevelt named James Weldon 
        Johnson to diplomatic positions in Venezuela and Nicaragua, and 
        when he returned to the United States, he became affiliated 
        with the NAACP.
          (7) In the 1920s, the NAACP chose ``Lift Every Voice and 
        Sing'' as its official song and it was dubbed the ``Black 
        National anthem''.
          (8) In 1934, James Weldon Johnson, a graduate of Clark 
        Atlanta University, became the first African-American professor 
        at New York University, and later served in a similar capacity 
        at Fisk University in Nashville, Tennessee.
          (9) The lyrics of ``Lift Every Voice and Sing'' inspired the 
        16 foot sculpture, ``The Harp'' created by the renowned artist 
        Augusta Savage and commissioned by the 1939 New York World's 
        Fair.
          (10) ``Lift Every Voice and Sing'' is sung at gatherings of 
        the Faith and Politics Institute, whose bipartisan programs and 
        pilgrimages include participation by Members of Congress, and 
        was co-chaired for many years by the late Congressmen, Democrat 
        John Lewis and Republican Amo Houghton, both of whom 
        transitioned in 2020.

SEC. 2. NATIONAL HYMN.

  (a) In General.--Chapter 3 of title 36, United States Code, is 
amended by adding at the end the following:

``Sec. 306. National hymn

  ``The composition consisting of the words and music known as `Lift 
Every Voice and Sing' is designated as the national hymn of the United 
States.''.
  (b) Clerical Amendment.--The table of sections for chapter 3 of title 
36, United States Code, is amended by adding at the end the following:

``306. National hymn.''.

                          Purpose and Summary

    H.R. 301 would amend title 36 of the United States Code to 
designate ``Lift Every Voice and Sing'' as the national hymn of 
the United States.

                Background and Need for the Legislation

    ``Lift Every Voice and Sing,'' which was first sung by 
school children in 1900 to commemorate Abraham Lincoln's 
birthday, has persisted in influence over the past 120 years. 
The brothers James Weldon Johnson and J. Rosamond Johnson wrote 
``Lift Every Voice and Sing'' at the turn of the 20th century, 
a tumultuous time in American history when the vestiges of 
slavery permeated the life of African Americans.\1\ Only 35 
years before, the states ratified the 13th Amendment, 
eradicating slavery. Although ratification of the 14th and 15th 
Amendments came shortly thereafter, the glimmer of hope that 
these amendments provided to African Americans soon vanished.
---------------------------------------------------------------------------
    \1\Burton W. Peretti, ```Lift Ev'ry Voice and Sing' --Manhattan 
Harmony Four (1923); Melba Moore and Friends (1990),'' National 
Recording Preservation Board, https://www.loc.gov/static/programs/
national-recording-preservation-board/documents/
LiftEveryVoiceAndSing.pdf.
---------------------------------------------------------------------------
    During the years following Reconstruction, previous 
advances towards equality were being dismantled as white 
southerners, and their northern allies, ``opposed all efforts 
to extend human rights to [African Americans].''\2\ By 1877, 
white southerners who wanted African Americans ``re-enslaved'' 
had prevailed through the passage of state-imposed Jim Crow 
laws that enforced segregation based on race and imposed voting 
restrictions to prevent African Americans from exercising their 
right to vote.\3\ Matters only worsened in 1896 after the 
Supreme Court upheld Jim Crow laws in Plessy v. Ferguson.\4\ 
All the while, the Ku Klux Klan wreaked havoc against African 
Americans, initiating a campaign of racist terror, violence, 
and murder.\5\ Hundreds of African Americans were the victims 
of lynching, while many more were murdered in undocumented 
racist killings.\6\ African American neighborhoods were 
ransacked by mobs of white residents, some of whom had been 
``deputized and given weapons by civil officials.''\7\ Through 
all this, African Americans never ceased in their struggle for 
freedom.
---------------------------------------------------------------------------
    \2\Ferris State University, Jim Crow Museum Timeline, Part 3 (1863-
1877), https://www.ferris.edu/HTMLS/news/jimcrow/timeline/
reconstruction.htm.
    \3\See Freedom Riders: Jim Crow Laws, PBS, https://www.pbs.org/
wgbh/americanexperience/features/freedom-riders-jim-crow-laws/.
    \4\Plessy v. Ferguson, 163 U.S. 537 (1896).
    \5\See African American Heritage: Jim Crow & Reconstruction, NPS 
Reconstruction Era, https://www.nps.gov/subjects/
africanamericanheritage/reconstruction.htm.
    \6\See NAACP, History of Lynching In America, https://naacp.org/
find-resources/history-explained/history-lynching-america.
    \7\Yuliya Parshina-Kottas, et al., What The Tulsa Race Massacre 
Destroyed, NY Times (May 24, 2021), https://www.nytimes.com/
interactive/2021/05/24/us/tulsa-race-massacre.html.
---------------------------------------------------------------------------
    In writing the lyrics to ``Lift Every Voice and Sing,'' 
James Weldon Johnson was inspired by thoughts of the African 
American experience, describing a history of oppression and 
perseverance.\8\ ``Lift Every Voice and Sing'' is a song about 
transcending those difficulties and maintaining hope for the 
future. And, although ``Lift Every Voice and Sing'' is a song 
that recognizes and is rooted in the history and progress of 
African Americans, its influence and appeal extends beyond the 
boundaries of race. From its inception to today, ``Lift Every 
Voice and Sing,'' has and continues to unify individuals of all 
cultures. It has been sung by congregations around the world, 
associating the song with global struggles of persevering 
through adversity.\9\ Dr. Timothy Askew, professor at Clark 
Atlanta University and author of ``Cultural Hegemony and 
African American Patriotism: An Analysis of the Song, `Lift 
Every Voice and Sing,''' describes the song as an ``anthem of 
universal uplift.''\10\
---------------------------------------------------------------------------
    \8\See Charles Johnson, MUSIC; An Ever-Lifting Song of Black 
America, NY Times (Feb. 14, 1999), https://www.nytimes.com/1999/02/14/
arts/music-an-everlifting-song-of-black-america.html.
    \9\Janelle Harris Dixon, Why The Black National Anthem Is Lifting 
Every Voice to Sing, The Smithsonian (Aug. 10, 2020), https://
www.smithsonianmag.com/smithsonian-institution/why-black-national-
anthem-lifting-every-voice-sing-180975519/.
    \10\Id.
---------------------------------------------------------------------------
    The sermonic quality of ``Lift Every Voice and Sing,'' 
coupled with its powerful lyrics of hope and perseverance, has 
resonated at key gatherings such as inaugurations of presidents 
of both political parties, civil rights demonstrations, and 
national sporting and music events. It was endorsed by Booker 
T. Washington in 1905 and later adopted by the NAACP, becoming 
a rallying cry during the Civil Rights Movement of the 1950s 
and 1960s.\11\ In 2018, Beyonce brought the song to the 
attention of a new generation and a worldwide audience when she 
performed it during her Coachella set.\12\ And in 2022, Mary 
Mary and the Youth Orchestra performed the song during the 2022 
Super Bowl.\13\
---------------------------------------------------------------------------
    \11\H.R. 301, 117th Cong. (2021); See also DeNeen L. Brown, The 
History of `Lift Every Voice and Sing,' The Black Anthem Being Played 
at NFL Games, Washington Post (Sept. 10, 2020), https://
www.washingtonpost.com/history/2020/09/10/nfl-lift-every-voice-black-
national-anthem/.
    \12\Samantha Schmidt, `Lift Every Voice and Sing': The Story Behind 
the `Black National Anthem' That Beyonce Sang, Washington Post (April 
16, 2018), https://www.washingtonpost.com/news/morning-mix/wp/2018/04/
16/lift-every-voice-and-sing-the-story-behind-the-black-national-
anthem-that-beyonce-sang/.
    \13\National Football League, Mary Mary and Youth Orchestra perform 
Lift Every Voice and Sing during Super Bowl LVI, https://www.nfl.com/
videos/mary-mary-and-youth-orchestra-perform-lift-every-voice-and-sing-
during-super-bow.
---------------------------------------------------------------------------
    H.R. 301 is intended to foster national unity. 
Representative James Clyburn introduced H.R. 301 on January 13, 
2021, to serve as a ``form of healing'' in response to the 
national racial reckoning following the police killing of 
George Floyd, an unarmed African American man.\14\ 
Representative Clyburn explained that ``the struggles and hopes 
[``Lift Every Voice and Sing''] describes also reflect the 
experiences of many groups in America.''\15\ As emphasized by 
Dr. Naomi Andre, a professor of Afroamerican and African 
Studies at the University of Michigan, ```Lift Every Voice and 
Sing' engages familiar audiences while welcoming new 
communities.''\16\ Importantly, H.R. 301 does not propose to 
replace the Star-Spangled Banner as the national anthem. It 
merely adds an additional song to the country's repertoire of 
nationally recognized music and allows ``Lift Every Voice and 
Sing'' to remain permanently and formally incorporated into the 
American musical canon.
---------------------------------------------------------------------------
    \14\Deena Zaru, In `act of healing,' Rep. James Clyburn calls for 
making `Black national anthem' a national hymn, ABCNews (Jan. 14, 
2021), https://abcnews.go.com/Politics/act-healing-rep-james-clyburn-
calls-making-black/story?id=75221927.
    \15\Eryn Mathewson and Zoe Saunders, Why Rep. James Clyburn is 
pushing to make `Lift Every Voice and Sing' the US national hymn, CNN 
(Feb. 11, 2021), https://www.cnn.com/2021/02/11/us/lift-every-voice-
and-sing-james-clyburn/index.html.
    \16\U.S. House Committee on the Judiciary, Examining the History 
and Importance of ``Lift Every Voice and Sing,'' Hearing Before the 
Subcomm. on the Constitution, Civil Rights, and Civil Liberties, 117 
Cong. 5(2022) (Statement of by Dr. Naomi Andre).
---------------------------------------------------------------------------

                                Hearings

    For the purposes of clause 3(c)(6) of House Rule XIII, the 
following hearing was used to consider H.R. 301: ``Examining 
the History and Importance of `Lift Every Voice and Sing,''' 
held on February 4, 2022, before the Subcommittee on the 
Constitution, Civil Rights, and Civil Liberties. The 
Subcommittee heard testimony from two witness panels. 
Testifying on the first panel was:
           Representative James E. Clyburn, House 
        Majority Whip and Sponsor of H.R. 301.
    Testifying on the second panel were:
           Mr. Leon W. Russell, Board Chairman, 
        National Association for the Advancement of Colored 
        People;
           Dr. Dwandalyn Reece, Associate Director for 
        Curatorial Affairs at the Smithsonian Institution's 
        National Museum of African American History and 
        Culture;
           Dr. Naomi Andre, Professor of Women's 
        Studies, the Department of Afroamerican and African 
        Studies, and the Residential College Arts and Ideas in 
        the Humanities program, University of Michigan;
           Dr. Shana L. Redmond, Professor of English 
        and Comparative Literature, Columbia University;
           Mr. Lloyd Washington, Historian and 
        President of Durkeeville Historical Society of 
        Jacksonville, Florida;
           Ms. Melanie Edwards, Grandniece of James 
        Weldon Johnson (author of the lyrics to ``Lift Every 
        Voice and Sing'') and granddaughter of J. Rosamond 
        Johnson (composer); and
           Mr. Clarence Henderson, President, Frederick 
        Douglass Foundation of North Carolina.
    The hearing considered the history and the continuing 
social and cultural relevance of ``Lift Every Voice and Sing'' 
and also assessed the merits of H.R. 301.

                        Committee Consideration

    On April 6, 2022, the Committee met in open session and 
ordered the bill, H.R. 301, favorably reported with an 
amendment in the nature of a substitute, by a rollcall vote of 
26 to 11, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House Rule XIII, the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 301:
    1. The motion to report H.R. 301, as amended, favorably was 
agreed to by a rollcall vote of 26 to 11. The vote was as 
follows:


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House Rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House Rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House Rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House Rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause 3(c)(3) of House Rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee sets forth, 
with respect to the bill, H.R. 301, the following analysis and 
estimate prepared by the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 17, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 301, a bill to 
amend title 36, United States Code, to establish the 
composition known as ``Lift Every Voice and Sing'' as the 
national hymn of the United States.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 301 would designate the composition consisting of the 
words and music known as ``Lift Every Voice and Sing'' as the 
national hymn of the United States.
    CBO estimates that implementing H.R. 301 would have no 
effect on the federal budget.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House Rule XIII, no provision 
of H.R. 301 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House Rule XIII, H.R. 301 would foster national unity by 
amending title 36 of the United States Code to designate ``Lift 
Every Voice and Sing'' as the national hymn of the United 
States.

                          Advisory on Earmarks

    In accordance with clause 9 of House Rule XXI, H.R. 301 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House Rule XXI.

                      Section-by-Section Analysis

    Section 1. Findings. Section 1 sets forth various findings 
concerning the history and significance of ``Lift Every Voice 
and Sing.''
    Section 2. National Hymn. Section 2(a) amends chapter 3 of 
title 36 of the United States Code by adding at the end the 
following: ``Sec.  306. National hymn--The composition 
consisting of the words and music known as `Lift Every Voice 
and Sing' is designated as the national hymn of the United 
States.'' Section 2(b) amends the table of sections for chapter 
3 of title 36 of the United States Code to include at the end 
the following: ``306. National hymn.''

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

TITLE 36, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE I--PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES

           *       *       *       *       *       *       *


PART A--OBSERVANCES AND CEREMONIES

           *       *       *       *       *       *       *


CHAPTER 3--NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE

           *       *       *       *       *       *       *


Sec.
     * * * * * * *
306. National hymn.

           *       *       *       *       *       *       *


Sec. 306. National hymn

  The composition consisting of the words and music known as 
``Lift Every Voice and Sing'' is designated as the national 
hymn of the United States.

           *       *       *       *       *       *       *


                             Minority Views

    As a highly diverse and geographically large republic, the 
United States has long eschewed traditional sources of national 
unity--such as race and faith--in favor of a commitment to a 
common set of ideals--like a belief that all men are created 
equal and that America is a land of opportunity.\1\ The 
American system of government ``includes a commitment to the 
very systems that enable vastly different people to debate, 
dissent, negotiate, exercise freedom, and protect particularism 
so we are able not just to coexist but also to collaborate for 
the common good.''\2\ These principles are best served when our 
national symbols and observances reflect our shared ideals.
---------------------------------------------------------------------------
    \1\See, e.g., Andy Smarick, A Nationalism of Community, The Bulwark 
(Dec. 29, 2021).
    \2\Id.
---------------------------------------------------------------------------
    The patriotic observances currently enshrined in law, such 
as ``The Star-Spangled Banner'' and ``Stars and Stripes 
Forever,'' are not designed for a specific community or a 
certain segment of the American population. They are meant to 
recognize that Americans are one people committed to shared 
American ideals. ``Lift Every Voice and Sing'' does not fit 
this mold. While a beautiful composition, it is a symbol of a 
segment of the American population. In 1920, the NAACP 
proclaimed the song to be the African American national anthem, 
``reflect[ing] the song's popularity in African American 
schools, organizations, and churches.''\3\ Burton Peretti, a 
scholar of American music, has described ``Lift Every Voice and 
Sing'' as being ``an anthem for African Americans'' and a song 
that is ``permeated with the legacy of slavery . . . and 
haunted by the continued violent oppression of African 
Americans.''\4\
---------------------------------------------------------------------------
    \3\Burton W. Peretti, ``Lift Ev'ry Voice and Sing''--Manhattan 
Harmony Four (1923); Melba Moore and Fiends (1990), Library of Cong. 
(2016);
    \4\Id.
---------------------------------------------------------------------------
    Over the past several years, radical Democrats have 
advanced the notion that America is fundamentally and 
inherently a racist country. Some have argued that our 
institutions and our symbols are racist and cannot be redeemed. 
During the Committee's consideration of H.R. 301 at markup, 
Rep. Steve Cohen argued that the Committee should favorably 
report H.R. 301 because ``we have racism in our past. We had 
slavery, slavery, S-L-A-V-E-R-Y. The opposite of freedom . . . 
.''\5\ Similarly, after introducing H.R. 301, Rep. James 
Clyburn argued in USA Today that the bill was necessary because 
``it is clear that Mr. Key's `land of the free' [in `The Star-
Spangled Banner'] didn't include those held in bondage'' and 
that ``[o]ur nation is at an inflection point as we continue to 
struggle with issues of race.''\6\
---------------------------------------------------------------------------
    \5\Business Meeting. H. Comm. on the Judiciary, 116ths Cong. (Apr. 
6, 2022).
    \6\James E. Clyburn, Rep. James Clyburn: `Lift Every Voice and 
Sing' would be both symbolic and substantive as our national hymn, 
U.S.A. Today (Feb. 8, 2021).
---------------------------------------------------------------------------
    While not perfect, America is the best country in the 
history of the world. Across the country, Americans in their 
communities and in elected office strive to fulfill the 
Constitution's promise of a more perfect union. This cannot be 
done by focusing on our differences instead of what unites us.

                                   Jim Jordan,
                                           Ranking Member.

                                  [all]