[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 356 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                 S. 356

_______________________________________________________________________

                                 AN ACT


 
To establish a National Commission on the Bicentennial of the Louisiana 
                               Purchase.

    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 ``Louisiana Purchase Bicentennial 
Commission Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Bicentennial of the Louisiana Purchase occurs in 
        2003, 200 years after the United States, under the leadership 
        of President Thomas Jefferson and after due consideration and 
        approval by Congress, paid $15,000,000 to France in order to 
        acquire the vast area in the western half of the Mississippi 
        River Basin;
            (2) the Louisiana Purchase was the largest peaceful land 
        transaction in history, virtually doubling the size of the 
        United States;
            (3) the Louisiana Purchase opened the heartland of the 
        North American continent for exploration, settlement, and 
        achievement to the people of the United States;
            (4) in the wake of the Louisiana Purchase, the new frontier 
        attracted immigrants from around the world and became 
        synonymous with the search for spiritual, economic, and 
        political freedom;
            (5) today the States of Arkansas, Colorado, Iowa, Kansas, 
        Louisiana, Minnesota, Missouri, Montana, Nebraska, North 
        Dakota, Oklahoma, South Dakota, Texas, and Wyoming make up what 
        was the Louisiana Territory; and
            (6) commemoration of the Louisiana Purchase and the opening 
        of the West would--
                    (A) enhance public understanding of the impact of 
                westward expansion on the society of the United States; 
                and
                    (B) provide lessons for continued democratic 
                governance in the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Bicentennial.--The term ``Bicentennial'' means the 
        200th anniversary of the Louisiana Purchase.
            (2) Commission.--The term ``Commission'' means the National 
        Commission on the Bicentennial of the Louisiana Purchase 
        established under section 4(a).

SEC. 4. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on the Bicentennial of the Louisiana 
Purchase''.
    (b) Duties.--The Commission shall plan, encourage, coordinate, and 
conduct the commemoration of the Bicentennial.
    (c) Membership.--
            (1) Numbers and appointment.--The Commission shall be 
        composed of 20 members, including--
                    (A) 14 members consisting of the governor, or their 
                designee, of each State that made up the Louisiana 
                Territory;
                    (B) the Director of the National Museum of American 
                History of the Smithsonian Institution or his designee;
                    (C) the Librarian of Congress or his designee;
                    (D) as chosen by the Commission, the president or 
                head of 2 United States historical societies, 
                foundations, or organizations of National stature or 
                prominence;
                    (E) the Secretary of Education or his designee; and
                    (F) 2 members from the largest Federally recognized 
                Native American tribes within the territory.
            (2) International participation.--The President may invite 
        the Governments of France and Spain to appoint 1 individual 
        each to serve as a nonvoting member of the Commission.
            (3) Date of appointments.--The appointment of a member of 
        the Commission described in paragraph (1) shall be made not 
        later than 120 days after the date of enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancy.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (e) Organization and Initial Meeting.--No later than 90 days after 
the date of enactment of this Act, the Commission shall meet and select 
a Chairperson, Vice Chairperson, and Executive Director.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson described under subsection (h).
    (g) Quorum.--A quorum of the Commission for decision-making 
purposes shall be 11 members, except that a lesser number of members, 
as determined by the Commission, may conduct meetings.
    (h) Chairperson.--The Commission shall select a Chairperson of the 
Commission from the members designated under subsection (c)(1). The 
Chairperson may be removed by a vote of a majority of the Commission's 
members.

SEC. 5. DUTIES.

    (a) In General.--The Commission shall--
            (1) plan and develop activities appropriate to commemorate 
        the Bicentennial including a limited number of proposed 
        projects to be undertaken by the appropriate Federal 
        departments and agencies that commemorate the Bicentennial by 
        seeking to harmonize and balance the important goals of 
        ceremony and celebration with the equally important goals of 
        scholarship and education;
            (2) consult with and encourage Indian tribes, appropriate 
        Federal departments and agencies, State and local governments, 
        elementary and secondary schools, colleges and universities, 
        foreign governments, and private organizations to organize and 
        participate in Bicentennial activities commemorating or 
        examining--
                    (A) the history of the Louisiana Territory;
                    (B) the negotiations of the Louisiana Purchase;
                    (C) voyages of discovery;
                    (D) frontier movements; and
                    (E) the westward expansion of the United States;
            (3) coordinate activities throughout the United States and 
        internationally that relate to the history and influence of the 
        Louisiana Purchase; and
            (4) encourage the publication of popular and scholarly 
        works related to the Louisiana purchase.
    (b) Reports.--
            (1) In general.--Not later than 1 year before the 
        Bicentennial date, the Commission shall submit to the President 
        and Congress a comprehensive report that includes specific 
        recommendations for--
                    (A) the allocation of financial and administrative 
                responsibility among participating entities and persons 
                with respect to commemoration of the Bicentennial; and
                    (B) the commemoration of the Bicentennial and 
                related events through programs and activities, such 
                as--
                            (i) the production, publication, and 
                        distribution of books, pamphlets, films, 
                        electronic publications, and other educational 
                        materials focusing on the history and impact of 
                        the Louisiana Purchase on the United States and 
                        the world;
                            (ii) bibliographical and documentary 
                        projects, publications, and electronic 
                        resources;
                            (iii) conferences, convocations, lectures, 
                        seminars, and other programs;
                            (iv) the development of programs by and for 
                        libraries, museums, parks and historic sites, 
                        including international and national traveling 
                        exhibitions;
                            (v) ceremonies and celebrations 
                        commemorating specific events;
                            (vi) the production, distribution, and 
                        performance of artistic works, and of programs 
                        and activities, focusing on the international 
                        and national significance of the Louisiana 
                        Purchase and the westward movement opening the 
                        frontier for present and future generations; 
                        and
                            (vii) the issuance of commemorative coins, 
                        medals, certificates of recognition, and 
                        stamps.
            (2) Annual Report.--In each fiscal year in which the 
        Commission is in existence, the Commission shall prepare and 
        submit to Congress a report describing the activities of the 
        Commission during the fiscal year. Each annual report shall 
        also include--
                    (A) recommendations regarding appropriate 
                activities to commemorate the centennial of the 
                Louisiana Purchase, including--
                            (i) the production, publication, and 
                        distribution of books, pamphlets, films, and 
                        other educational materials;
                            (ii) bibliographical and documentary 
                        projects and publications;
                            (iii) conferences, convocations, lectures, 
                        seminars, and other similar programs;
                            (iv) the development of exhibits for 
                        libraries, museums, and other appropriate 
                        institutions;
                            (v) ceremonies and celebrations 
                        commemorating specific events that relate to 
                        the Louisiana Purchase;
                            (vi) programs focusing on the history of 
                        the Louisiana Purchase and its benefits to the 
                        United States and humankind; and
                            (vii) competitions, commissions, and awards 
                        regarding historical, scholarly, artistic, 
                        literary, musical, and other works, programs, 
                        and projects related to the centennial of the 
                        Louisiana Purchase;
                    (B) recommendations to appropriate agencies or 
                advisory bodies regarding the issuance of commemorative 
                coins, medals, and stamps by the United States relating 
                to aviation or the centennial of the Louisiana 
                Purchase;
                    (C) recommendations for any legislation or 
                administrative action that the Commission determines to 
                be appropriate regarding the commemoration of the 
                centennial of the Louisiana Purchase;
                    (D) an accounting of funds received and expended by 
                the Commission in the fiscal year that the report 
                concerns, including a detailed description of the 
                source and amount of any funds donated to the 
                Commission in the fiscal year; and
                    (E) an accounting of any cooperative agreements and 
                contract agreements entered into by the Commission.
            (3) Final Report.--Not later than 1 year after the 
        Bicentennial date, the Commission shall submit to the President 
        and Congress a final report. The final report shall contain--
                    (A) a summary of the activities of the Commission;
                    (B) a final accounting of funds received and 
                expended by the Commission;
                    (C) any findings and conclusions of the Commission; 
                and
                    (D) specific recommendations concerning the final 
                disposition of any historically significant items 
                acquired by the Commission, including items donated to 
                the Commission.
    (c) Assistance.--In carrying out this Act, the Commission shall 
consult, cooperate with, and seek advice and assistance from 
appropriate Federal departments and agencies.

SEC. 6. POWERS OF THE COMMISSION.

    (a) In General.--The Commission may provide for--
            (1) the preparation, distribution, dissemination, 
        exhibition, and sale of historical, commemorative, and 
        informational materials and objects that will contribute to 
        public awareness of, and interest in, the Bicentennial, except 
        that any commemorative coin, medal, or postage stamp 
        recommended to be issued by the United States shall be sold 
        only by a Federal department or agency;
            (2) competitions and awards for historical, scholarly, 
        artistic, literary, musical, and other works, programs, and 
        projects relating to the Bicentennial;
            (3) a Bicentennial calendar or register of programs and 
        projects, and in other ways provide a central clearinghouse for 
        information and coordination regarding dates, events, places, 
        documents, artifacts, and personalities of Bicentennial 
        historical and commemorative significance; and
            (4) the design and designation of logos, symbols, or marks 
        for use in connection with the commemoration of the 
        Bicentennial shall establish procedures regarding their use.
    (b) Federal Cooperation.--To ensure the overall success of the 
Commission's efforts, the Commission may call upon various Federal 
departments and agencies to assist in and give support to the programs 
of the Commission. The head of the Federal department or agency, where 
appropriate, shall furnish the information or assistance requested by 
the Commission, unless prohibited by law.
    (c) Prohibition of Pay Other Than Travel Expenses.--Members of an 
advisory committee or task force of the Commission shall not receive 
pay, but may receive travel expenses pursuant to policies adopted by 
the Commission. Members who are Federal employees shall not receive 
travel expenses if otherwise reimbursed by the Federal Government.
    (d) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take under this Act.
    (e) Authority To Procure and To Make Legal Agreements.--
            (1) In general.--Notwithstanding any other provision in 
        this Act, only the Commission may procure supplies, services, 
        and property, and make or enter into leases and other legal 
        agreements in order to carry out this Act.
            (2) Restriction.--
                    (A) In general.--A contract, lease, or other legal 
                agreement made or entered into by the Commission may 
                not extend beyond the date of the termination of the 
                Commission.
                    (B) Federal support.--The Commission shall obtain 
                property, equipment, and office space from the General 
                Services Administration or the Smithsonian Institution, 
                unless other office space, property, or equipment is 
                less costly.
            (3) Supplies and property possessed by commission at 
        termination.--Any supplies and property, except historically 
        significant items, that are acquired by the Commission under 
        this Act and remain in the possession of the Commission on the 
        date of the termination of the Commission shall become the 
        property of the General Services Administration upon the date 
        of termination.
    (f) Advisory Committee.--The Commission may appoint such advisory 
committees as the Commission determines necessary to carry out the 
purposes of this Act.

SEC. 7. ADMINISTRATION.

    (a) Location of Office.--
            (1) Central office.--The central office of the Commission 
        shall be in Washington, D.C.
            (2) Additional offices.--The Commission shall establish 2 
        additional offices in New Orleans, Louisiana, and St. Louis, 
        Missouri.
    (b) Executive Director.--There shall be an Executive Director 
appointed by the Commission and chosen from among detailees from the 
agencies and organizations represented on the Commission. The Executive 
Director may be paid at a rate not to exceed the maximum rate of basic 
pay payable for the Senior Executive Service.
    (c) Staff.--The Commission may appoint and fix the pay of any 
additional personnel that it considers appropriate, except that an 
individual appointed under this subsection may not receive pay in 
excess of the maximum rate of basic pay payable for GS-14 of the 
General Schedule.
    (d) Inapplicability of Certain Civil Service Laws.--The Executive 
Director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title, relating to classification and General Schedule pay rates, 
except as provided under subsections (a) and (b) of this section.
    (e) Merit System Principles.--The appointment of the Executive 
Director or any personnel of the Commission under subsection (a) or (b) 
shall be made consistent with the merit system principles under section 
2301 of title 5, United States Code.
    (f) Staff of Federal Agencies.--Upon request by the Chairperson of 
the Commission, the head of any Federal department or agency may 
detail, on either a nonreimbursable or reimbursable basis, any of the 
personnel of the department or agency to the Commission to assist the 
Commission to carry out its duties under this Act.
    (g) Administrative Support Services.--The Secretary of the 
Smithsonian Institution may provide to the Commission on a reimbursable 
basis any administrative support services that are necessary to enable 
the Commission to carry out this Act.
    (h) Cooperative Agreements.--The Commission may enter into 
cooperative agreements with other Federal agencies, State and local 
governments, and nonprofit organizations that will contribute to public 
awareness of and interest in the centennial of the Louisiana Purchase 
and toward furthering the goals and purposes of this Act.
    (i) Program Support.--The Commission may receive program support 
from the nonprofit sector.
    (j) Members' Compensation.--
            (1) In general.--A member of the Commission shall serve 
        without compensation.
            (2) Travel expenses.--The Commission may adopt a policy, 
        only by unanimous vote, for members of the Commission and 
        related advisory panels to receive travel expenses, including 
        per diem in lieu of subsistence. The policy may not exceed the 
        levels established under sections 5702 and 5703 of title 5, 
        United States Code. Members who are Federal employees shall not 
        receive travel expenses if otherwise reimbursed by the Federal 
        Government.
    (k) Other Revenues and Expenditures.--The Commission may procure 
supplies, services, and property, enter into contracts, and expend 
funds appropriated, donated, or received to carry out contracts.
    (l) Postal Services.--The Commission may use the United States mail 
to carry out this Act in the same manner and under the same conditions 
as other agencies of the Federal Government.

SEC. 8. CONTRIBUTIONS.

    (a) Donations.--The Commission may solicit, accept, and use 
donations of money, property, or personal services and historic 
materials relating to the implementation of its responsibilities under 
the provisions of this Act. The Commission shall not accept donations 
the value of which exceeds--
            (1) $50,000 annually with respect to an individual; and
            (2) $250,000 annually with respect to any person other than 
        an individual.
    (b) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.
    (c) Remaining Funds.--Any funds (including funds received from 
licensing royalties) remaining with the Commission on the date of the 
termination of the Commission may be used to ensure proper disposition, 
as specified in the final report required under section 10(b), of 
historically significant property which was donated to or acquired by 
the Commission. Any funds remaining after such disposition shall be 
transferred to the Secretary of the Treasury for deposit into the 
general fund of the Treasury of the United States.
    (d) Acquired Items.--Any book, manuscript, miscellaneous printed 
matter, memorabilia, relic, and other material or property relating to 
the time period of the Louisiana Purchase acquired by the Commission 
may be deposited for preservation in national, State, or local 
libraries, museums, archives, or other agencies with the consent of the 
depositary institution.

SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.

    (a) In General.--The Commission may devise any logo, emblem, seal, 
or descriptive or designating mark that is required to carry out its 
duties or that it determines is appropriate for use in connection with 
the commemoration of the Bicentennial of the Louisiana Purchase.
    (b) Licensing.--The Commission shall have the sole and exclusive 
right to use, or to allow or refuse the use of, the name ``National 
Commission on the Bicentennial of the Louisiana Purchase'' on any logo, 
emblem, seal, or descriptive or designating mark that the Commission 
lawfully adopts.
    (c) Effect on Other Rights.--No provision of this section may be 
construed to conflict or interfere with established or vested rights.
    (d) Use of Funds.--Funds from licensing royalties received pursuant 
to this section shall be used by the Commission to carry out the duties 
of the Commission specified by this Act.
    (e) Licensing Rights.--All exclusive licensing rights, unless 
otherwise specified, shall revert to the National Museum of American 
History upon termination of the Commission.

SEC. 10. AUDIT OF FINANCIAL TRANSACTIONS.

    (a) In General.--
            (1) Audit.--The Comptroller General of the United States 
        shall audit on an annual basis the financial transactions of 
        the Commission, including financial transactions involving 
        donated funds, in accordance with generally accepted auditing 
        standards.
            (2) Access.--In conducting an audit under this section, the 
        Comptroller General.--
                    (A) shall have access to all books, accounts, 
                financial records, reports, files, and other papers, 
                items, or property in use by the Commission, as 
                necessary to facilitate the audit; and
                    (B) shall be afforded full facilities for verifying 
                the financial transactions of the Commission, including 
                access to any financial records or securities held for 
                the Commission by depositories, fiscal agents, or 
                custodians.
    (b) Final Report.--Not later than 120 days after the date on which 
the Commission submits its final report, the Comptroller General of the 
United States shall submit to the President and to Congress a report 
detailing the results of any audit of the financial transactions of the 
Commission conducted by the Comptroller General.

SEC. 11. TERMINATION OF THE COMMISSION.

    Not later than 60 days after the submission of the final report, 
the Commission shall terminate.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsections (b) and (c), there are 
authorized to be appropriated to carry out the purposes of this Act 
$250,000 for each of the fiscal years 2002, 2003, and 2004.
    (b) Availability of Funds.--Amounts appropriated under this section 
for any fiscal year shall remain available until March 31, 2004.

            Passed the Senate August 3, 2001.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                                 S. 356

_______________________________________________________________________

                                 AN ACT

To establish a National Commission on the Bicentennial of the Louisiana 
                               Purchase.

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