[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2558 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2558

To provide for the World War II Home Front Council to reissue the World 
 War II ``E'' award to the original recipients to commemorate the role 
   of World War II Home Front veterans, including women, minorities, 
              labor, and industry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 8 (legislative day, September 12), 1994

  Mr. Dole (for Mr. Stevens) introduced the following bill; which was 
read twice and referred to the Committee on Banking, Housing, and Urban 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the World War II Home Front Council to reissue the World 
 War II ``E'' award to the original recipients to commemorate the role 
   of World War II Home Front veterans, including women, minorities, 
              labor, and industry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``World War II Home Front 
Commemorative Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) 1995 marks the 50th anniversary of the Allied victory 
        in World War II;
            (2) World War II was the central event of the 20th century 
        that defined the postwar world;
            (3) World War II is an enduring example of the defeat of 
        totalitarianism and the perseverance of democracy;
            (4) without the tireless efforts of the 60 million 
        Americans on the Home Front, there would have been no victory; 
        and
            (5) the 50th anniversary provides a unique opportunity to 
        reissue the World War II ``E'' award to the original recipients 
        in recognition of their collective contribution to the Allied 
        victory in the most violent conflict in the history of mankind, 
        and to thank and honor the men and women of all races and 
        creeds whose dedicated service on the Home Front as members of 
        labor and industry contributed significantly to that victory.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) authorize the World War II Home Front Council 
        (incorporated in the District of Columbia on April 19, 1994, 
        and referred to as the Council) to reissue the World War II 
        ``E'' award for Excellence in Industrial Production to the 
        original recipients in commemoration of the 50th Anniversary of 
        the Allied victory in World War II; and
            (2) carry out other commemorative and educational 
        activities with respect to the industrial war effort known as 
        ``the Home Front''.

SEC. 4. AUTHORIZATION TO REISSUE AWARD.

    (a) In General.--The Council is hereby authorized to reissue the 
World War II ``E'' Award for Excellence in Industrial Production to the 
individuals, firms, and businesses to which they were originally 
awarded in celebration of the 50th anniversary of the Allied victory in 
World War II.
    (b) E Material.--
            (1) In general.--The award shall be evidenced by the 
        reissue of the ``E'' medal, the ``E'' flag, and other ``E'' 
        material to be presented by the Council with such ceremonies as 
        the Council may deem proper.
            (2) Medal.--The ``E'' medal shall be coined by the United 
        States Mint and shall be of such design and materials and bear 
        such inscriptions as the Council may prescribe.
            (3) Flag.--The ``E'' flag shall be produced with the 
        assistance of the Institute of Heraldry and shall be of such 
        design and materials and bear such inscriptions as the Council 
        may prescribe.
    (c) Publicity and Advertising.--Any individual, firm, or business 
to which an award is reissued under this section may publicize its 
receipt of such award and use the award in its advertising.

SEC. 5. MEMBERSHIP.

    (a) In General.--The Council shall be composed of 12 members 
appointed pursuant to subsection (b) and any number of Honorary members 
eligible to participate under subsection (c).
    (b) Appointment.--The 12 appointed members of the Council shall be 
made up of--
            (1) not less than 2 members who served on the War 
        Production Board during World War II, who shall be determined 
        by lot from among any eligible members;
            (2) not less than 4 members who are either current or 
        former Members of Congress who are veterans of service in the 
        Armed Forces during World War II, who shall be selected from 
        among those eligible by the Majority and Minority Leaders of 
        the Senate and the Speaker and Minority Leader of the House of 
        Representatives; and
            (3) not less than 4 members who are veterans of service in 
        the Armed Forces or on the Home Front during World War II, or 
        who are historians or who have other credentials which would 
        provide a significant contribution to the work of the Council, 
        who shall be selected from among those eligible by the Majority 
        and Minority Leaders of the Senate and the Speaker and Minority 
        Leader of the House of Representatives.
    (c) Honorary Members.--The Council may have any number of honorary 
members, who shall be selected from among any interested applicants by 
the members of the Council appointed under subsection (b). Honorary 
members may include--
            (1) former members of the War Production Board;
            (2) Members and former Members of Congress who are veterans 
        of service in the Armed Forces during World War II;
            (3) veterans of service in the Armed Forces or in war 
        industries and other support activities on the Home Front 
        during World War II; and
            (4) historians, civic and industrial leaders, and others 
        who can assist the Council in carrying out the purposes of this 
        Act.

SEC. 6. ADMINISTRATIVE PROVISIONS AND POWERS.

    (a) Appointments and Compensation.--Appointments and compensation 
of Council members appointed under section 5(b) may be made without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to chapter 
51 and subchapter II of chapter 53 of such title relating to 
classification and General Schedule pay rates.
    (b) Reimbursement for Expenses.--Each appointed member of the 
Council shall serve without being compensated as a member of such 
Council, except that each member shall be reimbursed for travel, 
subsistence, and other necessary expenses incurred by them in the 
performance of their duties.
    (c) Details.--Upon request of the Council, the head of any Federal 
agency or department is encouraged to assist the Council in every way 
and, in addition, to detail any of the personnel of such agency or 
department to the Council in carrying out its duties under this Act. 
Details under this subsection shall be without reimbursement by the 
Council to the agency or department from which the employee concerned 
was detailed.
    (d) Federal Cooperation.--All Federal agencies and departments, 
both foreign and domestic, are encouraged to cooperate with and 
support, as requested, activities and programs coordinated by the 
Council.
    (e) Volunteer Services.--The Council may accept from any person 
voluntary services to be provided in furtherance of this Act.
    (f) Account.--The Council shall establish an account to be known as 
the ``Excellence in Production Award Account'' which shall be 
administered by the Council as a single account. There shall be 
deposited into the account all proceeds derived from Council activities 
as described in section 7 of this Act.
    (g) Use of Amount.--
            (1) In general.--The Council may use the funds in the 
        account established under subsection (f) only for the purpose 
        of conducting the activities described in section 7.
            (2) Final accounting.--Not later than 60 days after the 
        termination of the authority of the Council to conduct the 
        activities described in section 7, the Council shall transmit 
        to the Senate and the House of Representatives a report 
        containing an accounting of all the funds deposited into and 
        expended from the account or otherwise expended under this 
        section and of any amount remaining in the account. Unobligated 
        funds which remain in the account after termination of the 
        authority of the Council under this section shall be held in 
        the account until transferred by law after the Congress 
        receives the report.
    (h) Procurement.--The Council is authorized to procure supplies, 
services, and property, and make contracts, in any fiscal year, only to 
such extent or in such amounts as are provided in appropriation Acts or 
are donated pursuant subsection (j).
    (i) GSA.--The Council is authorized to enter into agreements with 
the General Services Administration for procurement of necessary 
financial and administrative services, for which payment shall be made 
by reimbursement from funds of the Council in such amounts as may be 
agreed upon by the Council and the Administrator of the General 
Services Administration.
    (j) Donations.--
            (1) In general.--The Council is authorized to accept, use, 
        solicit, and dispose of donations of money, property, or 
        personal services.
            (2) Guidelines.--The Council shall publish in the Federal 
        Register guidelines under which the Council may accept 
        donations of money, property, or services, except that under 
        such guidelines the Council may not accept donations--
                    (A) the value of which exceeds $500,000 annually, 
                in the case of donations from an individual; or
                    (B) the value of which exceeds $2,000,000 annually, 
                in the case of donations from a corporation, 
                partnership, or other business organization.
        The guidelines published under this subsection shall include 
        procedures for determining the value of donations of property 
        or personal services.
            (3) Exemption.--The limitations provided in paragraph (2) 
        shall not apply in the case of an organization if it is an 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1954 (26 U.S.C. 501(c)(3)), and exempt from 
        taxation under section 501(a) of such Code.
    (k) Use of Mails.--The Council may use the United States mails in 
the same manner and under the same conditions as members of the 
Congress.
    (l) Use of Symbols and Marks.--
            (1) Definition.--For the purpose of this Act, the term 
        ``World War II Home Front Council logo'' means the symbols or 
        marks designated by the Council for use in connection with the 
        reissue of the World War II ``E'' Award.
            (2) Council authority.--The Council shall have the 
        authority to design, adopt, use, and register as trademarks and 
        service marks, logos, emblems, signs, insignia, or words, as 
        the official marks of the Council. The Council shall have the 
        exclusive right to use such logos, emblems, signs, insignia or 
        words, subject to the preexisting rights described in paragraph 
        (4)(B), and may grant exclusive or non-exclusive licenses in 
        connection with such right.
            (3) Restrictions on use.--All projects, goods, and services 
        as to which use of the marks, logos, emblems, signs, insignia, 
        or words is authorized shall be educational or commemorative, 
        and shall relate to the reissue of the 50th anniversary of the 
        World War II ``E'' award. The projects, goods, or services 
        shall not exploit the United States Government or the private 
        or public sectors. The purpose of the Council in authorizing 
        use of the marks, logos, emblems, signs, insignia, or words 
        shall not be primarily or exclusively to raise funds.
            (4) Fees.--Fees may be charged for any authorization under 
        this subsection, and any authorization granted under this 
        subsection may be revoked or otherwise terminated.
            (5) Penalties for use.--
                    (A) In general.--Whoever, except as authorized 
                under this Act or as provided under subparagraph (B), 
                manufactures, reproduces, uses, sells, or distributes 
                marks, logos, emblems, signs, insignia, or words which 
                have been adopted, used or registered as trademarks or 
                service marks by the Council--
                            (i) shall be fined not more than $250 or 
                        imprisoned not more than 6 months, or both; and
                            (ii) shall be subject to a civil penalty in 
                        an amount equal to the amount of the fee which 
                        would have been payable by that person under 
                        paragraph (3)(A).
                    (B) Exception.--Any person who actually used an 
                emblem, sign, insignia, logo, or word adopted, used or 
                registered as a trademark or service mark by the 
                Council in accordance with paragraph (2), or any 
                combination or simulation thereof, for any lawful 
                purpose before such adoption, use or registration as a 
                trademark or service mark by the Council shall not be 
                prohibited by this section from continuing such lawful 
                use for the same purpose and for the same goods or 
                services.
            (6) Application of title 18.--Section 701 of title 18, 
        United States Code, shall not apply with respect to the World 
        War II Home Front Council logo.
            (7) Use of funds.--Any amounts recovered under paragraph 
        (4) shall be deposited in the Excellence in Production Award 
        Account and shall be available to the Council for the purposes 
        of this Act.
            (8) Publication of notice.--The Council shall publish 
        notice of any designations under paragraph (1) in the Federal 
        Register.
    (m) Transfer of Funds.--The Council may transfer funds received by 
it to any Federal department or agency if the Council determines that 
the use of such funds by such department or agency would promote the 
commemoration of the reissue of the World War II ``E'' award. This 
subsection is effective only to the extent and in such amounts as are 
provided in advance in appropriation Acts.

SEC. 7. DUTIES OF THE COUNCIL.

    (a) In General.--The Council shall--
            (1) plan, develop, and coordinate activities appropriate to 
        commemorate the 50th anniversary of World War II through the 
        reissue of the ``E'' award and other activities to educate the 
        public about the contribution to victory made by persons 
        serving on the Home Front, including a limited number of 
        projects to be undertaken by the Federal Government seeking to 
        harmonize and balance the important goals of ceremony and 
        commemoration with the equally important goals of scholarship 
        and education;
            (2) encourage Federal, State and local governments, and 
        private organizations to organize and participate in activities 
        commemorating or examining the history and legacy of the World 
        War II ``E'' award and the Home Front; and
            (3) coordinate, generally, Congressional participation in 
        activities commemorating the 50th anniversary of World War II 
        through the reissue of the ``E'' award and education about the 
        efforts on the Home Front, including those planned by the 
        public and private sectors.
    (b) Considerations in Planning and Implementing.--In planing and 
implementing appropriate activities to commemorate the 50th anniversary 
of World War II through the reissue of the ``E'' award and education 
about the contribution to victory made by persons serving on the Home 
Front, the Council shall give due consideration to--
            (1) the historical setting in which World War II occurred;
            (2) the history of the World War II ``E'' award given for 
        excellence in industrial production;
            (3) the Home Front contributions of women, minorities, 
        labor, industry and all of those who participated through the 
        Red Cross, bond drives, recruiting for the military, civil 
        defense, the ``Arsenal of Democracy'' (aircraft, ship, tank, 
        and all other war production), scrap drives, rationing, Blue 
        and Gold Star Mothers and Wives, the role of Hollywood, the 
        Manhattan Project, and all the rest;
            (4) the unique achievements, contributions, and advances of 
        all American industry and technology, including science, 
        energy, medicine, agriculture, communication, and 
        transportation;
            (5) the impact of World War II on the Home Front, American 
        life and government; and
            (6) the need to encourage appropriate educational 
        curriculums designed to educate students at all levels about 
        the history, lessons, and legacy of World War II and important 
        contribution to the Allied victory made by persons serving on 
        the Home Front.
    (c) Entities Providing Cooperation, Advice, and Assistance.--The 
Council shall seek cooperation, advice, and assistance from both 
governmental and private entities, including institutions of the 
legislative, executive and judicial Branches, foreign governments, 
veterans and veterans service organizations and associations, women's 
organizations, minority organizations, labor organizations, industry 
organizations, advertising and public relations organizations, the mass 
media including television, radio, newspaper, magazine, book and other 
publishing, the entertainment industry, associations, and 
organizations, sport industries, organizations and associations, 50th 
Anniversary of World War II Committee, Center for Military History, the 
D-Day Museum, the Eisenhower Center, the House and Senate Historians, 
the Library of Congress, the U.S. Holocaust Memorial Council, the 
American Red Cross, the U.S. Chamber of Commerce, the National 
Governors Association, the National League of Cities, the American 
Association of Retired Persons, the Industrial College of the Armed 
Forces, the Women's Bureau of the Department of Labor, the National 
Archives, the American Battle Monuments Commission, the Presidential 
Libraries, the Corporation for Public Broadcasting, the National Park 
Service, Bureau of Indian Affairs, Government Printing Office, Federal 
Railroad Commission, National Railroad Passenger Corporation (AMTRAK), 
Federal Maritime Commission, Federal Labor Relations Authority, 
National Science Foundation, Nuclear Regulatory Commission, National 
Institutes of Health, Small Business Administration, Selective Service 
System, International Monetary Fund, The National Gallery of Art, The 
United Nations, NATO, our Allies, our former adversaries who are now 
our Allies, the U.S. Postal Service, Federal, State and local 
governments, learned societies, foundations, academic institutions, 
historical, patriotic, philanthropic, civic, veteran, and professional 
groups, business and industry organizations and associations 
representing the entire spectrum of American life. All such 
governmental entities shall cooperate with the Council, to the extent 
allowed by law in providing advice and assistance requested by the 
Council.
    (d) Contracting Authority.--The Council may, in carrying out the 
purposes of this Act, contract with governmental and private entities 
to assist in implementing this Act.
    (e) Advisory Committee.--The Council shall assemble a distinguished 
volunteer advisory committee made up of individuals from the public and 
private sectors to be charged with assisting staff on events, programs, 
and projects and facilitation of such programs in this project and also 
in preparing an assessment of the value and feasibility of establishing 
a permanent ``E'' award for future industrial excellence.
    (f) Report.--Within 90 days after the date of enactment of this 
Act, the Council shall submit to each House of Congress a comprehensive 
report incorporating specific recommendations of the Council for 
commemoration and coordination of Congressional participation in the 
reissue of the ``E'' award and related activities commemorate the Home 
Front. Such report shall include recommendations for publications, 
scholarly projects, conferences, programs, films, libraries, exhibits, 
ceremonies, and other projects, competitions, and awards, and a 
calendar of major activities and events planned. Following the initial 
report, the Council shall submit semi-annual reports to each House of 
Congress until such Council terminates.

SEC. 8. TERMINATION.

    The Council shall terminate on December 31, 1996.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the purposes 
of this Act $500,000 for fiscal year 1995 and such sums as may be 
necessary for the subsequent fiscal year through termination of this 
Act.

SEC. 10. REIMBURSEMENT OF COSTS.

    (a) Creation of Fund.--The Congress shall assist the Council in the 
creation of a fund and in related support from the private sector to 
assist with the reissuance of the ``E'' award.
    (b) Gifts.--The Council, Majority and Minority Leaders of the 
Senate and House of Representatives, and the 57 World War II veterans 
serving in Congress are authorized to seek and accept gifts from public 
and private sources to defray the cost of implementing this Act. Any 
such gifts shall be accepted by the Council in accordance with the 
guidelines issued under section 6.
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S 2558 IS----2