[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2449 Referred in Senate (RFS)]

  2d Session
                                H. R. 2449


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2004

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 To establish a commission to commemorate the sesquicentennial of the 
                          American Civil War.

    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 ``Civil War Sesquicentennial 
Commission Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The American Civil War was a defining experience in the 
        development of the United States.
            (2) The people of the United States continue to struggle 
        with issues of race, civil rights, the politics of federalism, 
        and heritage which are legacies of the Civil War and 
        Reconstruction.
            (3) There is a resurgence of interest in the Civil War that 
        is evidenced by the multitude of publications, exhibits, 
        reenactments, research organizations, Internet and multimedia 
        resources, historic parks, and preservation associations 
        focused on the Civil War.
            (4) The years 2011 through 2015 mark the sesquicentennial 
        of the Civil War.
            (5) The sesquicentennial of the Civil War presents a 
        significant opportunity for Americans to recall and reflect 
        upon the Civil War and its legacy in a spirit of reconciliation 
        and reflection.
            (6) The United States Civil War Center at Louisiana State 
        University, Louisiana, and the Civil War Institute at 
        Gettysburg College, Pennsylvania, have been designated by the 
        Federal government to plan and facilitate the commemoration of 
        the sesquicentennial of the Civil War.
            (7) The State of Virginia--
                    (A) witnessed more Civil War military engagements 
                on its soil than any other State;
                    (B) hosts more historic sites related to the Civil 
                War than any other State; and
                    (C) is home to the Pamplin Historical Park and the 
                National Museum of the Civil War Soldier and the 
                Virginia Center for Civil War Studies at Virginia 
                Polytechnic Institute and State University, both of 
                which are nationally recognized centers of expertise in 
                the study of the Civil War.
            (8) The African American Civil War Museum located in 
        Washington, D.C., is the only museum in the nation dedicated to 
        the study and understanding of the role of African Americans in 
        the Civil War.
    (b) Purpose.--The purpose of this Act is to establish a Civil War 
Sesquicentennial Commemoration Commission to--
            (1) ensure a suitable national observance of the 
        sesquicentennial of the Civil War;
            (2) cooperate with and assist States and national 
        organizations with programs and activities for the observance 
        of the sesquicentennial of the Civil War;
            (3) assist in ensuring that any observance of the 
        sesquicentennial of the Civil War is inclusive and 
        appropriately recognizes the experiences and points of view of 
        all people affected by the Civil War; and
            (4) provide assistance for the development of programs, 
        projects, and activities on the Civil War that have lasting 
        educational value.

SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.

    The Secretary of the Interior shall establish a commission to be 
known as the Civil War Sesquicentennial Commemoration Commission 
(hereafter in this Act referred to as the ``Commission'').

SEC. 4. COMPOSITION OF THE COMMISSION.

    (a) In General.--The Commission shall be composed of 25 members as 
follows:
            (1) Government members.--The Commission shall include--
                    (A) 2 Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives;
                    (B) 2 Members of the Senate appointed by the 
                President pro tempore of the Senate, in consultation 
                with the Majority Leader and the Minority Leader of the 
                Senate;
                    (C) the Secretary of the Interior or the designee 
                of the Secretary;
                    (D) the Secretary of the Smithsonian Institution, 
                or the designee of the Secretary;
                    (E) the Secretary of the Department of Education, 
                or the designee of the Secretary;
                    (F) the Chairman of the National Endowment for the 
                Humanities, or the designee of the Chairman;
                    (G) the Archivist of the United States, or the 
                designee of the Archivist;
                    (H) the Librarian of Congress, or the designee of 
                the Librarian; and
                    (I) the Director of the National Park Service, or 
                the designee of the Director.
            (2) Private members.--The Commission shall include--
                    (A) 5 members appointed by the President from among 
                individuals who are representative of the corporate 
                community; and
                    (B) 9 individuals, appointed by the President, from 
                among persons who by reason of education, training, and 
                experience, are experts on the Antebellum, Civil War, 
                and Reconstruction eras, including--
                            (i) 6 individuals with expertise in 
                        history;
                            (ii) 1 individual with specific expertise 
                        in art history, historic preservation, or a 
                        related field;
                            (iii) 1 individual with expertise in 
                        anthropology, cultural geography, sociology, or 
                        a related field; and
                            (iv) 1 individual with expertise in 
                        political science, law, economics, or a related 
                        field.
    (b) Terms.--Members shall be appointed for the life of the 
Commission.
    (c) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, and shall be filled in the same manner as the original 
appointment.
    (d) Initial Appointments.--The appointment of the members of the 
Commission shall be made not later than 60 days after the date of the 
enactment of this Act.

SEC. 5. GENERAL PROVISIONS.

    (a) Meetings.--
            (1) Initial meeting.--Not later than 60 days after the date 
        on which all members of the Commission have been appointed, the 
        members appointed under subparagraphs (A) and (B) of section 
        4(a)(2) shall call the first meeting of the Commission.
            (2) Subsequent meetings.--The Commission shall hold 
        subsequent meetings at the call of the chairperson.
    (b) Chairperson and Vice Chairperson.--At the initial meeting, the 
Commission shall elect a Chairperson and Vice Chairperson from among 
its voting members.
    (c) Quorum.--A majority of voting members shall constitute a 
quorum, but a lesser number may hold meetings.
    (d) Voting.--
            (1) In general.--The Commission shall act only on an 
        affirmative vote of a majority of the voting members of the 
        Commission.
            (2) Nonvoting members.--The individuals appointed under 
        subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting 
        members, and shall serve only in an advisory capacity.

SEC. 6. DUTIES OF THE COMMISSION.

    (a) Activities Related to the Sesquicentennial.--The Commission 
shall--
            (1) plan, develop, and carry out programs and activities 
        appropriate to commemorate the sesquicentennial of the Civil 
        War;
            (2) encourage interdisciplinary examination of the Civil 
        War;
            (3) facilitate Civil War-related activities throughout the 
        United States;
            (4) encourage civic, historical, educational, economic, and 
        other organizations throughout the United States to organize 
        and participate in activities to expand the understanding and 
        appreciation of the significance of the Civil War;
            (5) coordinate and facilitate the public distribution of 
        scholarly research, publications, and interpretations of the 
        Civil War;
            (6) provide technical assistance to States, localities, and 
        nonprofit organizations to further the commemoration of the 
        sesquicentennial of the Civil War;
            (7) develop programs and facilities to ensure that the 
        sesquicentennial commemoration of the Civil War results in a 
        positive legacy and long-term public benefit; and
            (8) encourage the development and conduct of programs 
        designed to involve the international community in activities 
        that commemorate the Civil War.
    (b) Plans and Report.--
            (1) Strategic plan and annual performance plans.--The 
        Commission shall prepare a strategic plan in accordance with 
        section 306 of title 5, United States Code, and annual 
        performance plans in accordance with section 1115 of title 31, 
        United States Code, for the activities of the Commission 
        carried out under this Act.
            (2) Reports.--
                    (A) Annual report.--The Commission shall submit to 
                Congress an annual report that contains a list of each 
                gift, bequest, or devise with a value of more than 
                $250, together with the identity of the donor of each 
                such gift, bequest, or devise.
                    (B) Final report.--Not later than December 30, 
                2015, the Commission shall submit to Congress a final 
                report that contains--
                            (i) a summary of activities of the 
                        Commission;
                            (ii) a final accounting of funds received 
                        and expended by the Commission; and
                            (iii) the findings and recommendations of 
                        the Commission.

SEC. 7. GRANT PROGRAM.

    (a) Grants Authorized.--The National Endowment for the Humanities 
shall award grants under this section for the uses described in 
subsection (b).
    (b) Use of Grants.--Grants awarded under this section shall be used 
for appropriate activities relating to the sesquicentennial of the 
Civil War.
    (c) Consideration.--In awarding grants under this section, the 
National Endowment of the Humanities shall consider established 
university, museum, or academic programs with national scope that 
sponsor multidisciplinary projects, including those that concentrate on 
the role of African Americans in the Civil War.

SEC. 8. POWERS OF THE COMMISSION.

    (a) In General.--The Commission may--
            (1) solicit, accept, use, and dispose of gifts, bequests, 
        or devises of money or other real or personal property for the 
        purpose of aiding or facilitating the work of the Commission;
            (2) appoint any advisory committee as the Commission 
        considers appropriate for the purposes of this Act;
            (3) authorize any voting member or employee of the 
        Commission to take any action that the Commission is authorized 
        to take under this Act;
            (4) procure supplies, services, and property, and make or 
        enter into contracts, leases, or other legal agreements to 
        carry out this Act (except that any contracts, leases, or other 
        legal agreements entered into by the Commission shall not 
        extend beyond the date of the termination of the Commission); 
        and
            (5) use the United States mails in the same manner and 
        under the same conditions as other Federal agencies.

SEC. 9. PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission, and 
members of any advisory committee appointed under section 8(a)(2), 
shall serve without compensation.
    (b) Travel Expenses.--Members of the Commission, and members of any 
advisory committees appointed under section 8(a)(2), shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to civil service laws (including regulations), 
        appoint and terminate an executive director and such other 
        additional personnel as are necessary to enable the Commission 
        to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Chairperson of the Commission may fix the 
                compensation of the executive director and other 
                personnel without regard to the provisions of chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the 
                executive director and other personnel shall not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
    (d) Detail of Government Employees.--
            (1) In general.--At the request of the Commission, the head 
        of any Federal agency may detail, on a reimbursable or 
        nonreimbursable basis, any of the personnel of the agency to 
        the Commission to assist the Commission in carrying out the 
        duties of the Commission under this Act.
            (2) Civil service status.--The detail of an employee under 
        paragraph (1) shall be without interruption or loss of civil 
        service status or privilege.
    (e) Volunteer and Uncompensated 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.
    (f) Support Services.--The Director of the National Park Service 
shall provide to the Commission, on a reimbursable basis, such 
administrative support services as the Commission may request.
    (g) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at daily 
rates for individuals which do not exceed the daily equivalent of the 
annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title.
    (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
    (i) Termination.--The Commission shall terminate on the date that 
is 90 days after the date on which the Commission submits its report 
under section 6(b)(2).

SEC. 10. AUDIT OF COMMISSION.

    The Inspector General of the Department of the Interior shall 
perform an annual audit of the Commission and shall make the results of 
the audit available to the public.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act (other than section 7) $200,000 for each of the fiscal 
years 2005 through 2016.
    (b) Grants.--There is authorized to be appropriated $3,500,000 to 
the National Endowment for the

Humanities to provide grants under section 7, to remain available until 
expended.

            Passed the House of Representatives September 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.